HomeMy WebLinkAbout1.07 Impact statementATTACHMENT F
IMPACT STATEMENT
GARFIELD COUNTY — IMPACT STATEMENT
Wagon Wheel Consulting, Inc has prepared the following Impact Statement pursuant to
Garfield County Code, Section 5.0 Supplementary Regulations, and specifically Section
5.03.07 Industrial operations and 5.03.08 Industrial Performance Standards as pertaining
to EnCana's proposed Centralized E &P Waste Management Facility in Garfield County,
Colorado.
Proposed Industrial Use EnCana proposes building a Centralized E &P Waste
Management Facility for the treatment, remediation, and recycling of E &P wastes
(impacted soils) at EnCana's well sites and other E &P sites. The proposed land farm
would be limited to the treatment and recycling of E &P Wastes, and disposal of non -E &P
Wastes would be subject to enforcement actions from the COGCC or other State or
Federal Agencies.
Operation of the land farm provides for an environmentally responsible alternative to
disposing of petroleum impacted soils in the local landfill by remediating the soils to
State standards and then reusing them at other facilities.
Proposed Location: EnCana's Centralized E &P Waste Management Facility is to be
located in the South Half of Section 19, Township 6 South, Range 92 West, of the Sixth
Principal Meridian. The site will be located on Lot 3, Parcel #217919300128 and will
occupy 8.48 acres. The site configuration is as shown in the attached survey drawing
(Attachment A of the Special Use Permit Application) prepared by Tri -State Land
Surveying, Inc. of Vernal, Utah. The facility is located to the north of the EnCana
K19NE well pad and approximately 1 mile southeast of the Garfield County Airport.
Scope: The Centralized E &P Waste Management Facility is expected to be in operation
for the next 15 years to 20 years to serve EnCana's E &P waste management needs
throughout the production life of EnCana's natural gas wells in the Mamm Creek Field
and elsewhere in Garfield County. Once EnCana determines that the facility is no longer
needed, EnCana will remove any residual impacted materials to a commercial disposal
facility, close out the land farm, and restore the site to its previous condition as described
in the facility closure plan submitted to the COGCC.
Design: This facility is to be located on a prominence between two ephemeral drainages
to Mamm Creek north of EnCana's K19NE natural gas well pad. The facility will be
enclosed within a two foot high earthen berm and surrounded by a six foot tall chain -link
fence. The facility will be graded so that it slopes to the north - northeast following local
topography. A storm water detention pond capable of containing the volume of a 100 -
year /24 -hour storm even will be constructed on the north end of the site.
Construction Schedule:
Construction will begin within one to two weeks of receiving final approval of the
Special Use Permit from Garfield County, and approval of their Operating Permit from
the COGCC.
Operational Characteristics: The facility will be operated to remediate E &P wastes,
primarily condensate impacted soils, generated as a result of EnCana's natural gas well
operation in Garfield County. The facility will consist of bioremediation cells where the
soils will be spread out into low piles, mixed with nutrients, fertilizer, and straw to hold
in moisture. The piles will be kept moist and periodically turned to enhance
biodegradation of petroleum hydrocarbons and the treatment will be staged so that the
impacted soils are rotated thorough the facility with older piles moved further into the
facility and newer soils brought onsite placed on the upgradient (south) end of the
facility. Access ways will be maintained through the facility to allow for vehicle access
and fire lands per the COGCC Rule 9028 specification.
The following from 5.03.017 Industrial Operations. Individual items or requirements of
the County are shown in italicized print; where as Wagon Wheel Consulting's responses
are in regular type face font.
(1) Impact Statement: an impact statement for proposed use, location, scope, design,
and construction schedule inclusive of operational characteristics.
(A) Existing lawful use of water through depletion or pollution of surface run-
off stream flow or ground water;
EnCana will use fresh water it purchases from a municipal source or from its reverse
osmosis (RO) plant to use in the bioremediation efforts, and will supplement with
impounded storm water contained within the onsite storm water detention pond. There
will be no water discharged from the site as impounded storm water will be used in the
process, or allowed to evaporate. EnCana reserves the right to pursue water rights
through the District 5 Water Court and may permit through the State Engineers Office —
Division of Water Resources, an industrial or commercial water supply well to use as a
fresh water source onsite. However, this well is not expected to be essential to the site
development, and will not be used as a potable water source.
(B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise,
glare, or vibration, or other emanations;
Impacts on adjacent land are expected to be non - existent or minimal. Vapors emanating
from the soils are expected to be less than those found at a typical natural gas condensate
tank battery. The soil piles must be kept moist to promote microbial degradation and will
also mitigate dust. Smoking and fire will be prohibited in the vicinity of the facility.
Noise will be limited to the unloading of dump trucks and use of a backhoe or similar
heavy equipment to move the soils around onsite and will be well below the State
Standard of 75 decibels at 25 feet from the property line. Glare and vibrations or other
emanations are not expected at the facility, and there are no residential properties or other
buildings located within 1500 feet of the property.
(C) Impacts on wildlife and domestic animals through the creation of
hazardous attractions, alteration of existing native vegetation, blockade of
migration routes, use patterns or other disruptions;
The site is located on a prominence between two ephemeral drainages to Mamm Creek
and is bound on the east by a slope to one of the drainages. The site will be fenced with a
six foot high chain -link fence with locking gates which will keep out wildlife, domestic
animals, and serve as a deterrent to entry by unauthorized personnel. The storm water
detention pond will be less than 4 feet deep at its greatest depth so there would not be a
creation of a hazardous attraction. Based on the location of the site, it is not expected to
be a blockade of migration routes, use patterns or other disruptions.
According to the Natural Resource Conservation Service (NRCS) Soil survey for the
Rifle Area, the soil types at the site are Potts Loam and Torriothents-Rock Outcrop
complex. The site range is of poor quality with vegetation covering less that 50 percent
of the ground surface.
(D)Affirmatively show the impacts of truck and automobile traffic to and from
such uses and their impact to areas in the County;
Truck and automobile traffic to the site will be episodic on an as needed basis to respond
to spills and releases resulting in E &P wastes. Due to the costs associated with
remediating impacts, EnCana is doing everything that can be done to reduce the number
of incidents. EnCana is requiring that contractors be responsible to cleanup their own
spills, especially involving non -E &P wastes, and are tracking the number of spills for
which each contractor or employee is responsible, the cause of each spill, and steps taken
to prevent recurrence. Ultimately, this should reduce the volumes of E &P wastes and
non -E &P wastes requiring treatment or disposal, and the transport of these wastes.
In the event of a spill dump trucks will be retained from a local trucking company and
used to haul E &P wastes from the well pad where a spill occurs to the land farm.
Operation of the land farm in proximity to oil field operations in the Mamm Creek field
will reduce the distance that the trucks have to travel to a commercially operated landfill
facility in Garfield County. The site is located in an industrialized area and the truck
volume associated with the operation of the land farm is not expected to have a
significant impact on the area.
(E) That sufficient distances shall separate such use from abutting property
which might otherwise be damaged by operations of the proposed use(s);
The site will be located on a prominence between two ephemeral drainages to Mamm
Creek and the adjacent property to the south is a gas well pad owned by EnCana. There
are no residential properties in close proximity and the nearest building is located more
that 1,500 feet to the northwest. The site has been designed so that no damages to offsite
properties are expected as a result of land farm operations.
(F) Mitigation measures proposed for all of the foregoing impacts identified
and for the standards identified in Section 5.03.08 of this resolution;
There are relatively few impacts expected as a result of the land farm activities since the
only machinery operated onsite will be during the unloading activities and when moving
or turning the soil piles. The site is located in a rural area.
(2) Permits may be granted for those uses with provisions that provide adequate
mitigation for the following:
(A) A plan for site rehabilitation must be approved by the County Commissioners
before a permit for conditional or special use will be issued;
A copy of the site closure plan, as submitted to the COGCC is attached (Attachemnt G of
the Garfield County Special User Permit Apllication).
(B) The County Commissioners may require security before a permit for a special
or conditional use is issued, if required. The applicant shall furnish evidence
of a bank commitment of credit, bond, certified check or other security
deemed acceptable by the County Commissioners in the amount calculated by
the County Commissioners to secure the execution of the site rehabilitation
plan in workmanlike manner and in accordance with the specifications and
construction schedule established or approved by the County Commissioners.
Such commitments, bonds or check shall be payable to and held by the County
Commissioners;
The COGCC requires $50,000 in Financial Assurance in order to obtain a permit to
operate a Centralized E &P Waste Management Facility. The Financial Assurance
documentation isn included as (Attachment H of the Garfield County Special Use Permit
Application).
(C) Impacts set forth in the impact statement and compliance with the standards
contained in Section 5.03.09 of this Resolution. (A93 -061)
Please refer to comments in the Section 5.30.09 response section
The following is from 5.03.08 Industrial Performance Standards
Industrial Performance Standards: All industrial operations in the County shall comply
with applicable County, State, and Federal regulations regulating water, air, and noise
pollution and shall not be conducted in a manner constituting a public nuisance or
hazard. Operations shall be conducted in such a manner as to minimize heat, dust,
smoke, vibration, glare, and odor and all other undesirable environmental effects beyond
the boundaries of the property in which such uses are located, in accord with the
following standards;
The facility will comply with all applicable County, State, and Federal regulations
pertaining to water, air and noise pollution and will not be conducted in a manner
constituting a public nuisance or hazard. By definition, the facility will only handle e &P
Waste and is therefore exempt from RCRA hazardous waste regulations under 40 CFR
261.4 (b)(5). The facility will be regulated in accordance with the COGCC900 Series
rules and in particular rule 908. EnCana will comply with all reasonable requests from
Garfield County as outlined in the Special Use Permit Application instructions and
5.03.07 and 5.03.08 as they would apply to any other private citizen, company, or entity
applying for a similar Special or Conditional Use Permit.
EnCana will file and air pollutant emission notice (APEN) with the Colorado Department
of Public Health and Environment (CDPHE) Air Pollution Control Division (APCD).
The volume of volatile organic compounds (VOCs) and other regulated emissions
emanating from the land farm will be estimated based on similar APENs filed for
condensate and produced water tanks. Since many of the volatiles associated with
condensate will have flashed off, the VOCs are absorbed to the soil, the soils are mixed
with nutrients, and the soils are kept moist, the volume of emissions is expected to be
relatively low compared with other permitted emission sources in use in the natural gas
field.
(1) Volume of sound generated shall comply with the standards set forth in the
Colorado Revised Statues at the time any new application is made, (A93 -61)
The operation of the landfarm will not exceed 75 decibels at 25 feet from the property
boundary as outlined in State Statutes. The only source of noise will be the occasional
operation of heavy equipment to unload trucks and move the soil onsite. This noise level
will be no different than any other construction project conducted anywhere within the
county. Loading and unloading operations will only occur during daylight hours (8 a.m.
to 6 p.m.).
(2) Vibration generated: every use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instruments, at
any point of any boundary line of the property on which the use is located;
No vibrations are expected to result from operation of the land farm. During
construction, it may be necessary to compact the soils onsite to serve as a base for the
creation of bioremediation cells, but this activity will not be perceptible, without
instruments, at any point of any boundary line of the property on which the use is located.
(3) Emissions of smoke and particulate matter: every use shall be operated so as to
comply with all Federal, State, and County air quality laws, regulations and
standards;
There will be no emissions of smoke from the land farm. Since it will be used to
remediate petroleum hydrocarbon impacted soils, smoking and open flame will not be
permitted onsite. Fire lanes will be constructed and maintained per the COGCC Rule
908. As stated above, an APEN will be field with the CDPHE -APCD, the volume of
expected emissions and the need for additional permitting will be evaluated.
(4) Emission of heat, glare, radiation, and fumes: every use shall be so operated that
it does not emit heat, glare, radiation or fumes which substantially interfere with
the existing use of adjoining property or which constitutes a public nuisance or
hazard. Flaring of gasses, aircraft warning signals, reflective painting of storage
tanks, or other such operations which may be required by law as a safety or air
pollution control measures shall be exempted from this provision.
The operations at the land farm will be passive, microbial degradation of hydrocarbons.
As such there will not be any significant heat, glare, radiation, associated with land
farming operations. No welding, smelting, or metallurgy is to be performed at the site
that would result in fumes. The soil piles must be kept moist in order for microbial
degradation to occur, which will also curtail dust emissions. Adjoining properties will
not be adversely impacted and the site is in a rural area and will not become a public
nuisance or hazard.
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:
(A97 -112)
(A) Storage offlammable or explosive solids or gasses shall be in
accordance with accepted standards and laws and shall comply
with the national, state, and local fire codes and written
recommendations /comments from the appropriate local
protection district regarding compliance with the appropriate
codes; (A97 -112)
The land farming operations will be conducted in accordance with the COGCC Rule 908.
Storage of the E &P wastes will not be explosive and will not be flammable, although
they will contain a small percentage of volatile petroleum hydrocarbons. Storage of these
materials will comply with accepted standards, and will comply with the applicable
national, state, and local fire codes.
(B) At the discretion of the County Commissioners, all outdoor
storage facilities may be required to be enclosed by fence,
landscaping or wall adequate to conceal such facilities from
adjacent property; (A97 -112)
The facility will be surrounded by a six foot high chain -link security fence and also a two
foot high earthen perimeter berm to contain storm water run on and run off. The soil
piles will be kept under three feet high. The site is in a rural area without residences,
buildings, or other occupied structures in the immediate vicinity.
(C) No materials or wastes shall be deposited upon a property in
such form or manner that they may be transferred off the
property by any reasably foreseeable natural causes or forces;
(A97 -112)
The E &P wastes will be managed in individual bioremediation cells and will not be
tracked offsite by trucks or equipment. If necessary, equipment will be washed onsite
upon completion of the daily operations and the was water contained onsite.
(D) Storage of Heavy Equipment will only be allowed subject to (A)
and (C) above and the following standards: (A97 -112)
Heavy equipment is expected to be provided by independent, third party contractors, and
in general, will not be expected to be stored onsite longer than 14 days.
1. The minimum lot size is five (5) acres and is not a platted subdivision;
The lot size is 8.48 acres and is not a planned subdivision.
2. The equipment storage area is not placed any closer that 300 feet from
any existing residential dwelling;
There are no structures or residential dwellings in the immediate surroundings
of the site.
3. All equipment storage will be enclosed in an area with screening at least
eight (8) feet in height and obscured from view at the same elevation or
lower. Screening may include terming, landscaping, sight obscuring
fencing or a combination of any of these methods.
The site will be enclosed by a chain -link fence and an earthen berm. Heavy
equipment storage onsite will be of limited duration.
4. Any repair and maintenance activity requiring the use of equipment that
will generate noise, odors or glare beyond the property boundaries will be
conducted within a building or outdoors during the hours of 8 a.m. to 6
p.m. Monday through Friday.
Operations will be conducted during the week during daylight hours per
OSHA standards for light level requirements.
5. Loading and unloading of vehicles will be conducted on private property
and may not be conducted on any public right -or -way.
Loading and unloading of vehicles will be conducted on EnCana's property
and is not near any identified public right -of -way.
(E) Any storage area for uses not associated with natural
resources shall not exceed ten (1 d) acres in size. (A97 -112)
This facility is 8.48 acres in size
(F) Any lighting of storage area shall be pointed downward and
inward to the property center and shaded to prevent direct
reflection on adjacent property (A97 -112)
At present the facility is not planned to be lit. If in the future it
should become necessary to provide lighting for site security,
any lighting will comply with County requirements that it be
pointed downward and inward toward the center of the property.
(6) Water pollution: in a case in which potential hazards exist, it shall be necessary
to install safeguards designed to comply with the Regulations of the
Environmental Protection Agency before operation of the facility may begin. All
percolation tests or ground water resource tests as may be required by local or
State Health Officers must be met before operation of the facilities may begin.
The site will be constructed and operated in accordance with COGCC Rule 908. In
the application to the COGCC, Wagon Wheel Consulting has proposed the
installation of between three to five groundwater monitoring wells and three leak
detection wells. The site is underlain by the Tertiary age Wasatch Formation, which
consists of relatively impermeable shale, siltstone, and sandstone. According to the
State Engineer's Office — Division of Water Resources, depth to ground water in local
domestic water wells in the area at the same elevation is approximately 100 feet
below ground surface. The nearest domestic well is located over '/2 mile to the
northwest, crossgradient from the site.
The E &P waste materials stored onsite are defined by the EPA as a solid waste, and
are exempt from the RCRA 40 CFR 261 hazardous waste regulations. EnCana will
complete the ground water monitoring wells and leak detection wells and collect
baseline water samples prior to the commencement of land farming operations at the
site. Geotechnical samples are also proposed at the site during site preparation.
The following is from 5.03.09 Uses Not Itemized
Uses not Itemized: Upon application or on its own initiative, the County
Commissioners may, by resolution, add to the uses listed for a Zoning District any
other similar use which conforms to the conditions set forth in the following
special findings:
(1) Such use is appropriate to the physiographic and general
environmental character of the District to which it is added;
The site is to be located in a rural area of Garfield County that is located approximately
one mile southeast of the Garfield County Airport, and industrialized area. Land use in
this area is principally for natural gas operations and as such is beneficial for the location
of a soil treatment facility.
(2) Such use does not create any more hazards to or alteration of the
natural environment than the minimum amount normally resulting
from the other uses permitted in the District to which it is added;
The facility is designed to reduce the need of individual land treatment cells at individual
well sites as allowed by the COGCC and surface land owner. It reduces hazards since the
land farm is specifically designed to remediate impacted soils. It also reduces the need to
transport impacted soil over longer distances to commercial landfill facilities.
(3) Such use does not create any more offensive noise, vibration, dust,
heat, smoke, odor, glare or other objectionable influences or more
traffic hazards than the minimum amount normally resulting from the
other uses permitted in the district to which it is added;
The site is not expected to create any more offensive noise, vibration, dust, heat, smoke,
odor, glare, or other objectionable influences or more traffic hazards than the minimum
amount normally resulting from the other uses permitted in the district to which it is
added as state before. Dump truck traffic to the site will be episodic and as needed and
will reduce the length of time trucks are on County Roads.
(4) Such use is compatible to the uses existing and permitted in the district
to which it is added
A land farm benefits the district to which it is added by providing one centralized
location where impacted soils can be effectively managed and remediated for beneficial
use. This is an improvement over individual land treating cells located at well sites
where the surface owners will allow them, or transporting impacted soils to the county
landfill for disposal.
In considering whether a use should be added to those uses listed for a zoning district the
Board's procedure shall be that of text amendment consideration, which may be
combined, if the proposed use is to be conditional or special, with the conditional or
special use permit procedure set forth herin. (A. 80 -180)