HomeMy WebLinkAbout9.0 Resolution 2013-71■III P i il1 011ifV'l,IV+I 01,i. 11111
Receptionq; 841781
10f0912013 10 26 53 AN Jean Alberico
1 of A Pen Fee.$0.00 Doc Fee -0 -00 GARFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 5th day of December, 2005, there were present:
John Martin , Commissioner Chairman
Larry McGown , Commissioner
Tresi Houpt , Commissioner
Mildred Alsdorf . Clerk of the Board
Ed Green (absent) , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. ,40/3 — 71
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
FOR AN EXPLORATION AND PRODUCTION WASTE FACILITY FOR A
BIOREMEDIATION LAND FARM LOCATED ON A 8.486 ACRE PROPERTY IN SV2
519, T6S, R92W, ALL OF THE 6TH PM, OWNED BY ENCANA OIL AND GAS (USA)
INC. AND GENERALLY LOCATED ON 1 MILE SOUTHEAST OF THE GARFIELD
COUNTY AIRPORT OFF OF COUNTY ROAD 333, GARFIELD COUNTY,
COLORADO
PARCEL NO# 2179- 193 -00 -128
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a request for
A Special Use Permit to allow for ":Storage, Processing and Material Handling of Natural Resources"
Exploration and Production Facility for a Bioremediation Land Farm (E&P Waste) on 8.4$6 acres of property.
B. The E &P Waste Facility is located in South '/2 Section 19, Township 6 South . Range 92
West all of the 6th P.M., and further described as parcel number 217919300128, being
approximately one miles south of the Garfield County Airport accessed from County Road 333.
C. The subject property is contained within the Agricultural Residential Rural Density
(AARD) zone district and such land uses will comply with the zone district standards.
D. The Board is authorized to approve, deny or approve with conditions a Special Use Permit
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pursuant to Section 5.03 of the Zoning Resolution of. 1978, as amended.
E. The Board of County Commissioners opened a public hearing on the 5th day of December,
2005 upon the question of whether the above - described Special Use Permit application should be
granted or denied, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the amendment.
F. The Board of County Commissioners closed the public hearing on the 51h day of
December, 2005 to make a final decision.
H. The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following determinations of fact:
1. Proper posting and public notice were provided as required for the meeting before the
Board of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties
were heard at that meeting.
3. The above stated and other reasons, the proposed Special Use Permit has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. The application has met the requirements of Special Use Permit of the Garfield County
Zoning Resolution of 1978, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Special Use Permit of the 8.48 -acre properties owned by EnCana Oil and Gas (USA) Inc.
requesting Storage, Processing and Material Handling for a Centralized Exploration and
Production Waste Facility on parcel no 217919300128, Garfield County, is hereby approved
subject to compliance with the following conditions:
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 Commission.
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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.
3. Should the need arise, 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.
4. 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.
5. The Applicant shall submit a weed inventory and control plan of the subject property.
6. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial
Performance Standards" of the Garfield County Zoning Resolution of 1978 as
amended.
7. The storm water detention pond must be lined.
8. The ownership of E & P wastes shall be documented as to generation and the disposal
location. Such data shall be made available to the County upon request.
9. That the Applicant shall obtain a City of Rifle Watershed District Permit prior to
issuance of the SUP.
10. That the ground water monitoring wells and leak detection wells can be phased. The
number of wells and their location shall be reviewed and approved by the Garfield
County Environmental Health Manager. These wells shall be sampled and tested in
accordance with State and Federal regulations. Results shall be provided to the County
on an annual basis.
11. That the Applicant shall insure its contractor obtains Storm water Discharge Permit
from CDPHE prior to issuance of the SUP and complies with the approved erosion and
sediment control plan.
12. That the Applicant shall submit an Air Pollutant Emission Notice to the CDPHE prior
to issuance of the SUP.
13. That the Applicant phases the berming to the area or areas that are immediately used
for the land farm.
14. Prior to issuance of the SUP, that the applicant shall submit an access easement that
specifically allows for the proposed use.
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15. That the Board of County Commissioners shall have an annual review of this SUP.
,,�"
Dated this 7 ^ day of (mac e.-- , A.D. 20 13 .
ATTEST:
GARFIE .. COUNTY BOARD OF
COMM SIO I RS, GARFIELD COUNTY,
OLO
Upon motion duly made and seconded the fo pted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
COMMISSIONER LARRY MCGOWN , Aye
COMMISSIONER TRESI HOUPT , Aye
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DECEMBER 5, 2005
PUBLIC HEARING:
OIL AND GAS — ENCANA OIL AND GAS USA, INC. — CONSIDER A REQUEST FOR A SUP TO
ALLOW STORAGE, PROCESSING AND MATERIAL HANDLING OF A NATURAL RESOURCE FOR
AN EXPLORATION AND PRODUCTION FACILITY TO TREAT CONTAMINATED SOILS.
PROPERTY IS LOCATED ONE MILE SOUTHEAST OF GARFIELD COUNTY AIRPORT
David Grisso for EnCana, Richard Wheeler, Jan Shute, and Jimmy Smith of Wagon Wheel Consulting were present.
Jan reviewed the noticing requirements for the public hearing and determined they were timely and accurate. She
advised the Board they were entitled to proceed.
Chairman Martin swore in the speakers.
Richard submitted the following exhibits: Exhibit A —Mail Receipts; Exhibit B - Proof of Publication; Exhibit C --
Garfield County Zoning Regulations of 1978 as amended; Exhibit D — Garfield County Subdivision Regulations of
1984 as amended; Exhibit E - Comprehensive Plan of 2000; Exhibit F — Staff Report dated 12 -05 -2005; Exhibit G -
Application materials; Exhibit H — Email dated 9-30-05 from Jim Rada; Exhibit 1— Letter dated 10- 04--05 from
Michael Erion; Exhibit J — Unexecuted Watershed District Permit between City of Rifle and EnCana; Exhibit K —
Application to the State for Monitoring/Observation Water Well Permit and Exhibit L — Power Point presentation
prepared by Planning Staff.
Chairman Martin entered Exhibits A -- L into the record_
Richard presented the staff report saying this is a Special Use Permit for "Storage, Processing, and Material
Handling of Natural Resource" Exploration and Production Facility for a Bioremediation Land Farm.
EnCana Oil and Gas (USA) Inc. represented by Wagon Wheel Consulting located approximately one mile southeast
of the GarCo Airport on 8.48 Acres, Parcel # 217919300128 with access off CR 333.There is no proposal for
potable water and no sewer service is proposed. It is hi the ARRD
(Agricultural Residential Rural Density).
The Building and Planning Department is in receipt of 'a Special Use Permit (SUP) application for "Storage,
Processing, and Material Handling of Natural Resource" for a Centralized Exploration and Production Waste
Facility - Bioremediation Land Farm on a 8.486 acre property owned by EnCana Oil & Gas (USA), Inc. The
property is located approximately one mile southeast of the GarCo Airport.
As required in §9.03.04 of the Zoning Regulations, this request was heard by the Board of County Commissioners
for a possible referral to the Planning Commission. On August 8, 2005 the Board voted to refer this item to the
Planning Commission. This decision was based the possible environmental impact to the area and to educate the
public concerning the activity of the land farm.
EnCana Oil and Gas USA, Inc are proposing a land farm to treat and reuse soils that have been polluted with
petroleum hydrocarbons. The proposal is to use the subject property as a centralized treatment facility for impacted
soils from EnCana's well sites and other E&P facilities, The treatment process will consist of bioremediation land
farm cells, which use microbes to degrade petroleum hydrocarbons contained within the soils. Operation of the land
farm provides an environmentally responsible alternative to disposing of the petroleum impacted soils in the local
landfill. By remediation of the soils to State standards, EnCana is able to reuse the soils at other facilities. The Site
would be fenced and bermed to protect from trespassing. It is expected the impacted soils would be brought to the
site and treated. After the treated soils reach acceptable State levels, EnCana will remove the soils from the site for
safe use at other locations.
Due to the nature of the work to be conducted at the site, potable water will not be necessary. If sanitation service is
needed, it will be provided to the employees by portable toilets.
Garfield County Road and Bridge Department has issued a driveway permit to EnCana for ingress and egress to CR
333. The land farm will create traffic trips that will vary day to day dependant upon the amount of soils needed to
be treated. Trucks and heavy equipment will be used on site.
The proposed facility is adjacent to a well site. A six -foot high fence will be installed around the perimeter of the
facility to insure safety and security. No buildings or structures requiring a building permit are expected. The visual
impact of the site should be minimal
The facility will require the use of water to suppress dust and treat the soil. The water will be brought to the site
from existing EnCana water sources. If needed, the applicant will provide water through a well or detained storm
water. The applicant will need to properly line the facility to protect against pollution of surface run-off, stream
flow or groundwater.
Impacts to adjacent land are expected to be minimal. Vapors emanating will be loss than those found at a typical gas
condensate tank battery. By keeping the soils moist, dust will be suppressed. Noise at the site will consist of
machinery operating at the site and will be below the standard of 75 decibels at 25 feet from the property.
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The site will be fenced with a six -foot chain link fence with locking gates which will keep out wildlife, domestic
animals, and serve to deter entry by unauthorized personnel.
Traffic to the site will be episodic. There will be daily traffic to the site for land farm operators and authorized
personnel making routine inspections.
The site is isolated from abutting uses; there are no residential properties in close proximity to the site. The nearest
building is located more than 1,500 feet to the northwest. The remaining use new- the proposed land farm is a well
site.
The applicant is proposing a six -foot high fence around the entire perimeter of the site that will provide safety and
security. There are few impacts expected as a result of the land farm. Machinery will only be operated during the
unloading activities and when turning the soil.
The applicant is required by the COGCC to submit a closure (reclamation) plan. This plan is attachment G of the
application materials, which outlines in detail the proposed measures for reclamation. Additionally the applicant is
required to post $50,000 in financial assurance with the COGCC for reclamation purposes. The proposed
reclamation plan is acceptable to staff. The applicant has not submitted a weed inventory or a weed management
plan for the site. Prior to issuance of this SUP the applicant shall provide this information.
It shall be at the discretion of the Board of County Commissioners to determine whether additional security is
needed.
The proposed use of the site will create noise that is proposed to be below 75 decibels at 25 feet from the property.
The applicant shall be aware of all sound volume standards and meet all No vibrations are expected to result from
the operation of land farm. During construction it may be necessary to compact the soils, but is anticipated that this
activity will not be perceptible.
There will not be emissions of smoke from the land farm. Due to the nature of the treated soils, open flames will not
be permitted onsite. All air quality permits will be issued by the State and shall be in place prior to issuance of this
SUP.
The land farm will not create glare, radiation or fumes that will substantially interfere with adjoining property.
The activity on the site will be passive, microbial degradation, which will not cause radiation or fumes that will
interfere with the existing use of adjoining properties. Once again, the applicant shall be aware of all State and
Federal guidelines and provide any mitigating measures prior to issuance of this SUP.
Storage of the waste soil will not be explosive and shall be in accordance with all COGCC rules.
Although the site will be visible from adjoining property, it will be compatible with existing uses and will not
detract from the "neighborhood character"
The contaminated soils will be managed on site and will not be tracked offsite by trucks. Staff is recommended the
affected areas of the land farm be properly lined to mitigate any leaching of pollutants into the ground water.
Equipment will be stored on the site by independent contractors and the machinery will be on site within the fenced
area. The lot size is 8.48 acres. There is no residential dwelling within 300 feet. Fencing and berming is proposed
for the site.
The applicant has not submitted any lighting plans. Should outdoor lighting, be used, the applicant shall ensure that
all lighting is downward and inward facing and no light will trespass on adjoining property.
The applicant has stated the operation and construction will be in accordance with all COGCC standards and
requirements. The applicant is also proposing three to five ground water monitoring wells and three leak detection
wells. Regardless, ground water pollution is a concern to the City of Rifle and to Garfield County. Staff is
recommending the storm water detention pond must be lined and the land farm area must be contained within an
impermeable material.
PLANNING COMMISSION RECOMMENDATIONS — On October 121, 2005 Planning Commission voted
unanimously to recommend approval of the Special Use Permit to the BOCC with the following conditions. Staff is
in full support of the Planning Commission's recommendation of approval with conditions.
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
Commission.
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.
3. Should the need arise, 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.
4. 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.
5. The Applicant shall submit a weed inventory and control plan of the subject property.
6. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial Performance Standards" of
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the Garfield County Zoning Resolution of 1978 as amended.
7. The storm water detention pond must be lined.
8. The ownership of E & P wastes shall be documented as to generation and the disposal location. Such data shall
be made available to the County upon request.
9. That the Applicant shall obtain a City of Rifle Watershed District Permit prior to issuance of the SUP
10. That the ground water monitoring wells and leak detection wells can be phased. The number of wells and their
location shall be reviewed and approved by the Garfield County Environmental Health Manager (Jim Rada).
These wells shall be sampled and tested in accordance with State and Federal regulations. Results shall be
provided to the County on an annual basis.
11. That the Applicant shall insure its contractor obtains Storm water Discharge Permit from CDPHE prior to
issuance of the SUP and complies with the approved erosion and sediment control plan.
12. That the Applicant shall submit an Air Pollutant Emission Notice to the CDPHE prior to issuance of the SUP.
13. That the Applicant phases the berming to the area or areas that are immediately used for the land farm.
14. Prior to issuance of the SUP, that the applicant shall submit an access easement that specifically allows for the
proposed use.
15. Prior to this application going before the Board of County Commissioners, that the applicant meets with
Michael Erion of Resource Engineers to clarify and resolve his concerns and recommendations as to the lining
of the land farm area.
16. That the Board of County Commissioners shall have an annual review of this SUP.
Commissioner Houpt — differences from a land farm and a hazardous land migation.
Richard not aware of those but there are numerous websites and did find a lot of information for Fumes — referring
to applicant's statements and deferred to the applicant and Michael Erion.
Hours of operation — normal hours — typical work hours with weekends included.
Staff's opinion would be minimal as to what is in the immediate area.
Jan — asked Jimmy Smith to speak to the access easement.
Jimmy — the access agreement into the operation is related to drilling, negotiations for the past several weeks have
been on -going andthat agreement has been taken care of but no signed document.
Jimmy — this is not new in oil and gas operations. The materials brought into this site are 75 -95% drilling cuttings
from the drills and actually continimated soils is only a small portio of what is planned. This is no EnCana's
intention to be careless of spills this is to remediate the soil and returned. Vegetation will grow. This is not a waste
site for bringing in spilled oils. Adding fertligers, etc. We have agreed with Jim Rada from the County that not to
open up the entire 8 acres at one time because we're actually removing vegetation that helps in erosion control and
we may not have enough volume to cover the 8 acres. We have agreed to do this in phasing stages.
A condition of the PC — put in three ground water moniotiring wells — to make sure no ground water contimation.
ROI water — will be used for moisturing. This is treated water and better than Colorado River Water and trucked in.
The other key element is that it is a non - commercial facility; EnCana use only. Records will be kept on test and
volume records. This material is dirt and will be hauled on an open dump truck. The bi- product is clean soils. It is
tested and moved off site.
David Grisso — hazardeous material and explained if there is a spill of a this kind, they have to report it to the State
and federal government and you cannot move that material to any site without telling them where you're going to
take it to. So this site being for our use and hydro-carbon cuttings, it will not be permitted for hazardous materials,
we could noto move that material to this site or anybody else.
Jimmy said the key thing to remember about harardeous materials is how they are classified and they are a
manufactured product. Oil and gas hydro - carbons are produced not manufactured.
7 days a week -- regular schedule.
David — do not expect this to be a heavily used site. This would be a purposefully access. It's not like our water
treatment facility where we run 24 hours a day 365 days a year. This is a planned event if you need to go get some
cuttings from a facility after the drilling rig being moved, or a spill, its not necessarily something that would happen
at odd hours of the night. If it came an issue with nearby landowners, we could restrict say Sundays or part of
Saturday, all day Sunday. Where this site is located, our closest real neighbor is Jake Mall and the Road and Bridge
shop. We would be willing to talk about that but the access on this is very low impact up CR 333. Trucks and school
bus travel.
David — EnCana recognizes all bus times and have a log of all the bus times around the area and we are sensitive to
these times. Activity of the heavy machinery — staff covered this very well. This is very low activity and the largest
activity is when we clear the parcel as they segment it. You farm it and leave it alone. Low activity site.
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Chairman Martin - the end product itself - what kind of delivery service once its done. Market it, turn it back to
agriculature use and the other one is the time. From the time they bring it in to the time that you certify its ready to
go out, what is the average time. This plant is going to he there for 20 25 years.
Jimmy -- the intent of the material that's brought in by logging the volumes and testing and our agreement with the
City of Rifle in the watershed permit, that dirt go back as close to its original site as possible and if there are
opportunities to use that material where erosion is occuring or other vegetation is not regrowing, then it would be in
negotiation with the fee owner or BLM in some cases, if that material would be better served at a different site. No
commercial operation. The soil would not be for commercial sale.
David added that we will have an excess of material when we bring in the material from the well bore cuttings,
that's obviously overburden that wasn't normally on the surface so there will be some excess that we possibly will
with landowners we agreements with aid some of our reclamation efforts to where we don't ave to bring a site back
to 100% recountoured during the production end of it but we may add a berm, we get a lot of requests for berms and
like Jimmy said, soil is a commodity so we don't foresee a lot fo excess but we plan to use the excess for those
needs.
Commissioner Houpt asked about the overseeing of this material.
David - a department in -house that samples it and sends it to an outside lab. And then we turn in those results into
the COGGC.
Jimmy responded to Chairman Martin's question about time on the material. That is depending upon a lot of factors,
the saturation of materials, the type of materials, the weather conditions, but on an average with the experience in
land farms in the past, once material is brought it could be anywhere from 3 - 6 weeks but typitical not a whole lot
longer.
Michael Brion - commented on his review letter. One of the proposed conditions of approval was that the land farm
area would be contained with an imperable material and the reason for that proposed recommendation was from the
materials submitted and not clear that it would be clear that some type of liner. The specific discussion that Planning
Commission had requested of EnCana was to discuss what type of liner that is, whether it be a clay liner or a man-
made liner. Jiuuny and Michael discussed this and it was also discussed at Rifle City Council as part of the
watershed permit hearing and we came to the conclusion that a clay compacted liner is satisfactory and a better
solution.
Jimmy -- the City of Rifle requested a bond for the watershed and they submited a $50,000 bond, This is Exhibit M.
Chairman Martin admitted Exhibit M into the record.
Commissioner McCown moved to close the public hearing; Commissioner Houpt seconded. Motion carried.
MOTION
C,pjo'iri "sstoner McCowti.made a:motion.to_approve the Special Use Permit:request for. a..CentralizetLExploration.and
Production- Facility for a:land farmto treatloiis.contaminsted-with petroleum, hydrocarbons on -a parcel l-owned by
Oi.1 `Gas (USA), Inc fiat zs ut' east of the Garfield County Airport. Commissioner Houpt seconded.
En favor Houpt - aye; Martin - aye ;McCown aye:
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