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HomeMy WebLinkAbout01.28.09 Letter from Brenda LinsterENCANA. EnCana Oil & Gas (USA) Inc. January 28, 2009 Fred Jarman Garfield County Building and Planning Department, Director 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 EnCana Oil & Gas (USA) Inc. 2717 County Road 215 Suite 100 Parachute, CO 81635 970.285.2757 direct 970.208.3409 cell 970.285.2796 fax Re: Special Use Permit for Material Handling, Processing, and Storage of Natural Gas for EnCana Oil & Gas (USA) Inc. (EnCana) High Mesa Water Storage Facility Dear Mr. Jarman: The Board of County Commissioners (BOCC) approved EnCana's High Mesa Water Storage Facility (Resolution 2005 -57) subject to compliance with certain conditions. The purpose of this letter is to confirm compliance with, and agreement to, the county's conditions so that the Special Use Permit for the facility may be issued to EnCana. For your reference, the BOCC conditions appear in italicized type and the EnCana response appears in normal font. 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval, unless explicitly altered by the Board. EnCana agrees to this condition. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. EnCana agrees to this condition, 3. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the National Fire Code as the Code pertains to the operation of this facility. EnCana agrees to this condition. 4. The issuance of the SUP shall be subject to an annual review of the water chemistry contained in the evaporation pit at such time when free standing water is within the pit and water samples collected from the ground water monitoring well. These analyses shall be submitted to the Building and Planning Department on the first day of July for every year the pit is in operation. The cost of this analysis shall be born entirely by the Applicant. if this water is determined, through these analyses, to be hazardous or toxic based on applicable standards, the Applicant or owner / operator of the facility shall be required to submit an additional SUP to specifically address /mitigate any detected potential hazards. EnCana agrees to this condition. Copies of water quality reports submitted to the Garfield County Building and Planning Department since 2007 are provided in Attachment 1. 5. The County reserves the right to retain outside expertise, at the expense of the Applicant/operator of the facility, in order to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on or away from the site. EnCana recognizes that the County reserves this right. However, in an effort to eliminate miscommunication, EnCana requests that it be notified by the county prior to the county retaining the outside expertise and be given an opportunity to correct the situation. 6. That this facility is for the sole use of the Applicant. If any other entities are to be added as users, then they would be subject to an additional SUP as well as rules and regulations as administered by the COGCC. EnCana agrees to this condition. 7. That all out -of -state vehicles and equipment associated with the operation of the facility be properly licensed within the State of Colorado. EnCana agrees to this condition. 8. All produced water brought to the facility that is contained in any above ground storage / treatment / separator tanks shall be contained within an adequate secondary containment structures constructed from impermeable materials to prevent any spill from impacting groundwater. Above ground storage/treatment /separator tanks that contain produced water have secondary containment structures capable of holding 110 percent of the volume of the storage /treatment/separator tanks. These structures are built in accordance with EnCana's Spill Prevention, Control, and Countermeasure Plan, and are constructed with impermeable materials to prevent any spill from impacting groundwater. 9. The Applicant shall comply with the following requirements in order to mitigate adverse affects of this operation on wildlife: a) The Applicant shall monitor the pond for the presence of oil as a matter of typical operation and maintenance duties and to prevent wildlife from being harmed. lf, in the unlikely event, oil reaches the pond water, the Applicant shall take measures to immediately remove it. EnCana monitors the High Mesa Water Storage Facility for all on a daily basis. If, in the unlikely event, oil reaches the pond water, EnCana will remove the oil from the surface. b) The Applicant shall install a waterfowl deterrence system that consists of the placement of high - tensile wire at regular intervals across the pond. These wires act as a visual deterrent to birds attempting to land on the water, and as a noise deterrent, as the stretched wire creates an ultrasonic (inaudible to humans) sound. EnCana has experimented with methods for its various ponds to mitigate the potential for migratory birds to contact the ponds and continues to work closely with the Division of Wildlife in this regard. The Division of Wildlife (DOW) has expressed to EnCana its appreciation for EnCana's efforts to work to alleviate potential Toss and impacts to wildlife. However, the DOW has also expressed concern to EnCana regarding the DOW's ability to provide written acceptance for any method that mitigates migratory bird contact with ponds because they want to ensure that they do not relieve EnCana (or any operator) from the responsibility of not harming wildlife. At the county's request, EnCana can establish and facilitate a meeting between Garfield County and the DOW to discuss this issue further. c) The Applicant shall immediately report the death of any migratory bird caused by activities or structures at the facility to the Colorado Division of Wildlife and the United States Fish and Wildlife Service in accordance with state and federal regulations. To date, there have been no known deaths of migratory birds associated with this facility; however, EnCana agrees to this condition. 10. Prior to the issuance of a Special Use Permit, the Applicant shall submit the following items to the Count Vegetation Manager for approval. a) The Applicant shall map and inventory the property for the County Listed Noxious Weeds, b) The Applicant shall provide a Weed Management Plan for the inventoried noxious weeds. c) The Applicant shall augment the site reclamation plan by providing a plant material list and planting schedule for the reclamation. d) The Applicant shall provide a Mosquito Management Plan that will address how the Applicant intends to monitor and manage this site for mosquitoes. An Integrated Vegetative and Noxious Weed Management Plan with a map and a Mosquito Management Plan are provided in Attachment 2, 11. Prior to the approval of the Special Use Permit, deeds will be submitted to the Planning Department, demonstrating the ownership of the property subject to the permit request. Attachment 3 contains a copy of the Title Deed transferring ownership of the property from Tom Brown to EnCana Oil & Gas (USA) Inc. 12. Prior to the approval of the Special Use Permit, a specific water decree from Unocal, transferring the point of diversion for the water rights to be used for this permit will be submitted to the Planning Department. A copy of the Decree requested is contained in Attachment 4. 13. The applicant shall provide adequate dust mitigation for the roads into the site. EnCana agrees to this condition. 14. The issuance of the Special use Permit shall be subject to annual review of the conditions of approval. Any determined violation shall be subject to the procedures contained in Section 9.03.05 of the Garfield County Zoning Resolution of 1978, as amended. EnCana agrees to this condition. I trust that these responses provide sufficient information regarding the BOCC conditions of approval such that a Special Use Permit for this facility can be issued. If you have any questions or need additional information, p -.se don't hesitate to contact me at (720) 876 -3989. ely, pr v. f, renda . Linst . r egulatory & Lan. . visor Attachments