HomeMy WebLinkAbout2.0 BOCC Staff Report 08.10.2009PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW: Special Use Permit ("SUP")
SUMMARY OF REQUEST:
APPLICANT I
PROPERTY OWNER:
LOCATION 1 ACCESS:
SITE INFORMATION:
EXISTING & ADJACENT ZONING:
80CC- 8!10/09 DD
The Applicant requests a SUP for an `Industrial Support
Facility which may include material handling, pumping
facilities, staging areas, storage areas and processing'
in the Resource Lands (RL) zone district.
EnCana Oil & Gas (USA) Inc.
Portions of Sections 19,27,28,29 of T5S, R95W and
Sections 15,22,25,26 of T5S, R96W ((Parcel # 2135-
273 -00 -015)
4.338 acres of a 45,000 -acre parcel owned by EnCana
Oil & Gas (USA) Inc.
Resource Lands (RL) Zone District, Open Space (BLM)
I. REQUEST
The Applicant requests a SUP for the
installation of a Drill Fluids Recycling
System. This is a network of pits,
pipelines and pumps to transfer
produced water for use in completion
operations associated with the
production of natural gas on the North
Parachute Ranch (NPR).
The system is fully contained on the
company -owned site 8.5 miles north
of Parachute on CR 215. Twenty -
seven (27) pits on existing COGCC-
approved well pads are proposed to
be connected with pipelines. The
pipeline system uses high carbon
steel and steel Flexpipe in varying
diameters: 4" at the pit, 8" connectors
feeding into a 12" line that links to the
Middle Fork Produced Water Storage
Facility (permitted in 2005.)
The Applicant represents the need for
this system to move produced water
from pad to pad and to the Middle
Fork Produced Water Storage Facility
via pipelines, rather than with trucks.
Moving fluids reduces the need for
additional fresh water; there is an
estimated savings of 1.26 to 2.52
million gallons per day.
1entf" ;FLT L nappei 7 ;1 ima
r � I nstru wit lyre Qe`
ormi 6 -'.s' 'i' iii �i" �!'it1121
����ll� ■rf� it 1'"►' *�� i ` r ._.__,1
4 A iiir. 04 4 - e r'fiv_. _ d " �a� �.arel , Parachute
t�wn��r. ,
TO GUARP GATE
Nlt
72
NIT P•ic2wy Ranch
OM6 hdmmaRbn
?Advt.
yO
Pt 276
6UIS, i.O �tf33
ow
rbl
/WW1
ii otraceanb
tt bndl IManl,I.41.Ad
1.1.f..7.1).72 •Panthvl.I
. iaro*ound on
a rr,b Cu• Rad
r 76.Tmllaa lo arrive h
a a7
uli Ranh : d Go em (Ile
29
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 12
The Applicant estimates a reduction of 120,000 truck trips per year on CR 215.
The pits associated with the Drill Fluids Recycling System are anticipated to be in use for
two to three years. As the use in each pit ends, the pit will be closed and reclaimed as per
the COGCC rules with procedures described in EnCana's Reclamation Plan. While in use,
the pits will be fenced and netted over to prevent inadvertent access by humans and wildlife.
The operation will operate 24 -hrs a day, 365 days a year, for the duration of EnCana's
natural gas development in the NPR. Diesel- powered and electric pumps will transfer the
produced water, and will be moved as needed.
II. BACKGROUND
Referral to Planning Commission
Staff brought the project application to the BOCC to determine if a referral to Planning
Commission (PC) was necessary; the BOCC did not refer the application to the PC.
Because this application was deemed 'technically complete' prior to January 1, 2009, it is
being considered under the `old code' - that being the Zoning Resolution of 1978, as
amended.
Under the old code, Special Use Permits were not allowed to be altered. Recent changes
related to the new Unified Land Use Resolution of 2008, as amended, allow for
modification of Special Use Permits with a Major Impact Review Amendment.
III. ZONING & ADJACENT USES
The subject property is zoned Resource Lands (RL), and the use requested may be
considered through a Special Use Permit. The adjacent parcels are Federally -owned
(BLM) and zoned `Open Space.' Uses on adjacent properties include grazing, wildlife
habitat, energy exploration and natural gas product transport via pipelines.
IV. SITE DESCRIPTION
The project is situated in the bottom of steep - walled canyon north of Parachute, beyond the
end of CR 215. The pipeline corridors follow creek drainages, namely West, Middle, and East
Forks of Parachute Creek, as well as Parachute Creek (main) and are represented to be
located at the edge of the private roadways that cross the property, above the flood plain.
(This area is outside of the flood plain mapping area of FEMA.)
The nearest residence is a located over three (3) miles away, south of the guard gate.
The pipeline will transport produced water from the well pad sites There is little construction
as the 27 pits are in existence, and much of the pipeline is in place. Weed abatement and
safety features will be considered as part of the application.
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 13
V. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03)
Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall
conform to all requirements listed in the Zoning Resolution, as well as the following standards:
1. Utilities adequate to provide water and sanitation service based on
accepted engineering standards and approved by the Board of County
Commissioners shall either be in place or shall be constructed in conjunction
with the proposed use.
Response
The Drill Fluids Recycling System operates 365 days a year, 24 hours each day, and is
proposed to be monitored remotely. A visit onto the sites to perform maintenance will occur
daily. Although the system is monitored 24 hours a day by personnel there are no living
quarters on the sites, and no permanent sanitary facilities are proposed for the sites. Portable
toilets on the sites meet the sanitation demands, and facilities will be available at the Middle
Fork Compressor Station, as well.
There is no demand for potable water; potable water for employee use will be provided by
employees.
During `fracing' activities, 20 people are anticipated to be on site. (The work schedule is
estimate to run from 6:30 a.m. to 6:30 pm, including supervisory time, Monday through
Friday.) The sanitary facilities may need to be serviced more often during the `fracing'.
2. Street improvements adequate to accommodate traffic volume generated
by the proposed use and to provide safe, convenient access to the use shall
either be in place or shall be constructed in conjunction with the proposed use.
Response
The proposed use is anticipated to substantially reduce traffic to and from the site.
All of the truck travel will be traveling on County and private roads. There will be minimal
traffic generated by the operation..
No improvements to Garfield County roads were requested in response to this installation. All
vehicles involved in this installation shall meet the requirements set forth by Garfield County
Road & Bridge (Exhibit H).
3. Design of the proposed use is organized to minimize impact on and from
adjacent uses of land through installation of screen fences or landscape
materials on the periphery of the lot and by location of intensively utilized areas,
access points, lighting and signs in such a manner as to protect established
neighborhood character.
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 14
Response
The property is located in an area that has no human habitation and the site is bounded by
steep canyon walls. The `neighborhood character' includes a number of previously permitted
industrial facilities, including well pad sites and the Middle Fork Compressor Station.
The fences proposed for the facility shall meet DOW recommendations for 'wildlife friendly'
fencing. As a condition of approval, the permanently installed equipment and fencing on the
site shall be painted with non - reflective paint in a neutral shade of desert tan (or 'beetle green'
as recommended on forested BLM sites) to minimize glare and be more visually
inconspicuous.
There is limited lighting proposed for the site, only emergency lighting and that to
accommodate night maintenance, provided by a generator. It shall be directed downward and
inward as a condition of approval.
The closest adjacent property boundary is on the east. No human habitation is near this
property boundary, and there are no public noise receptors for several miles.
Section 5.03.07 'industrial Operations]
Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations
requires the submittal of an impact statement on the proposed use describing its location,
scope, design, and construction schedule, including an explanation of its operational
characteristics. The impact statement is required to address the following:
(A) Existing lawful use of water through depletion or pollution of surface run-
off, stream flow or ground water.
Response
The facility site has been designed to insure protection of ground water and nearby streams
through the development and implementation of a Storm Water Management Plan for the
area. Staff notes that a site - specific plan for the pipeline location has been added to the
general plan.
Improvements to the surface of the roadways would reduce on -going need to treat the fugitive
dust of roadways, and is recommended by Staff. Dust mitigation measures should be ones
that do not have an adverse impact on the streams in the area. This limited water resource is
important to wildlife in the area, namely mule deer, elk, black bear, wild turkey and bird life.
(B) Impacts on adjacent land from the generation of vapor, dust, smoke,
noise, glare or vibration, or other emanations.
Response
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 15
Vapor, smoke and vibration related to pumping operations are transient effects Dust,
particularly in the construction of the pipeline shall be mitigated as a condition of approval. As
a condition of approval, glare from the site will be mitigated with the requirement of non -
reflective paint in a neutral color on permanently affixed structures.
The temporary generators that provide power to the operation produce volumes of noise and
vibration, and their noise levels are regulated by the COGCC Series 800 regulations of the
Colorado Revised Statutes. The temporary generator noise levels shall be within the 'light
industrial standards' for readings of 70 dB(A).
A modeled acoustic analysis was performed for the Middle Fork Compressor Station by HFP
Acoustical Consultants Inc. The sound analysis for the site indicated that the operations
without noise attenuation measures will perform within required nighttime dB(A)I levels for
light industrial standards at the nearest property boundary. The analysis did not include the
portable diesel and electric generators at sites other than the compressor station. An
addendum of data provided by the manufacturer of the diesel generator was included (Exhibit
L). The operation at the locations nearest property boundaries and the residence shall be in
compliance for light industrial standards.
(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.
Response
The site is located within overall range land for mule deer, elk, mountain lion, black bear, wild
turkey and numerous bird species as identified on the Division of Wildlife's wildlife distribution
maps.
The Colorado Division of Wildlife (DOW) has commented (Exhibit K) that in this area of the
North Parachute Ranch there is considerable riparian habitat (East, West, Main Parachute
Creeks) associated with this Drill Fluids Recycling System. This area 'provides unique riparian
habitat as they flow throughout the year. Riparian areas such as this are extremely valuable to
wildlife, as they provide both permanent habitat and migration corridors, allowing movements
from one area to another.'
The site has been previously
disturbed.
The rocky outcrops and riparian
cover also provides desirable
habitat for raptors and other
birds, as well as year - around
habitat for black bear. There is
no human habitation onsite and
the limited foodstuffs and refuse
accumulated is emptied often
enough to prevent the attraction
and habituation of black bears
and coyotes. Bear -proof
dumpsters are recommended for
use on the site, and shall be
required as a condition of
approval.
No specific wildlife assessment
was included in the application,
rather, the Applicant cites the
original EnCana assessment
related to the evaluation of
potential drill sites as adequate
analysis for wetlands, presence of threatened or endangered species, water quality and re-
vegetation potential.' There is also no stated base (time) for this data. Since time has lapsed
since the installation of the well pads evaluation by the referenced assessment, considerable
development and use change has occurred in the area.
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 6
(- eirt.94. 4.04..44
001(Put afi rSX 0...1
ten6 4,0"4: "41
rr..e,a.._e rE
PLO
Auer,.±
CSrENe 4y
i
/41 Par €.4974 + 45 FIAT 0410 )
/Aft
i,v-; .) .ar�xr 6xrea5 t o
�: ,,,,,,,, •,,,t.i,, /.r:el
Arwy Pasr L
� ..-. ter,.. ...
As a condition of approval, Staff recommends that written confirmation by a certified wildlife
biologist to ensure that no active nest sites for threatened or endangered species or species
of concern are within a distance considered by the Colorado Division of Wildlife to be
adversely affected by human activity, and that no threatened, endangered plant species or
plant species of concern are within the acreage to be affected by this system. This field
verification shall be done so as to provide baseline data for the area and its ongoing industrial
activity.
The site's limited fencing will not present a hazard to wildlife, but adequate escape
mechanism for both humans and wildlife shall be present in the pits. Recommendations from
the DOW comments (Exhibit K) regarding pit escape mechanism shall be considered
conditions of approval.
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 17
The limited human presence and a facility mitigated for noise disturbance would reduce the
adverse effects on elk and deer populations. Restricting vehicle speeds would be a benefit to
the safety of wildlife and humans alike. The DOW also cites the reduction in the demand for
fresh water as a benefit to the fish, wildlife and habitat of the North Parachute Ranch.
(D) Affirmatively show the impacts of truck and automobile traffic to and from
such uses and their impacts to areas in the County.
Response
Because the use is a system of pipelines to connect produced water pits to other facilities,
there will be a definite reduction in the number of tanker trucks required to haul the millions of
gallons of fluid. There is limited traffic analysis provided. As noted earlier, the Drill Fluids
Recycling System, once fully operational, is expected to reduce the number of vehicle by
120,000 trips per year. All travel traveling Garfield County are on roads built for well beyond
that level of traffic and that kind of vehicle. Much of the traffic is on private roads on the NPR.
Measures to treat fugitive dust during construction and operation shall be a condition of
approval, as will the requirements set forth by Garfield County Road & Bridge Department for
oversize /overweight permits. Comments follow:
General Comments: Garfield County has no objection to this application with the
following comments.
A driveway access permit shall not be needed for this application as the access to the
project locations has been permitted and is on land owned by Encana Oil & Gas USA
Inc.
This application will reduce the truck traffic on Cr. 215 making Cr. 215 safer for all users
of this road. It will also reduce the impact on the driving surface of Cr. 215 that is already
failing due to the high volume of heavy traffic.
All vehicles hauling equipment and or materials for this application shall abide by
Garfield County's oversize /overweight permits system, All vehicles requiring
oversize /overweight permits shall have a letter on file with Garfield County Road &
Bridge Department from Encana Oil & Gas USA Inc. stating said vehicles can obtain
oversize /overweight permits under their bond on file with Garfield County. All vehicles
requiring oversize /overweight permits shall apply for them at Garfield County Road &
Bridge Department.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date July 21, 2009
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 18
(E) That sufficient distances shall separate such use from abutting property
which might otherwise be damaged by operations of the proposed use(s).
Response
The operations at the facility will not adversely affect any abutting property, provided the
facility operates within its proposed levels. The proposed system will not encroach upon
existing setbacks or reduce current separation distances to abutting properties. Staff agrees
that the Drill Fluids Recycling System is located well within required setbacks and is
sufficiently separated from adjacent properties in all directions.
(F) Mitigation measures proposed for all of the foregoing impacts identified
and for the standards identified in Section 5.03.08 of this Resolution
Special Use Permits maybe 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;
Response
A plan for site rehabilitation has been submitted and shall be implemented for on -going weed
abatement and reclamation, should the site be abandoned. Blanket bonds are in place for the
COGCC well pads. Reclamation securities for those acres not secured as part of the COGCC
bond for well pads shall be a condition of approval. A workable plan and security amount to
the satisfaction of Garfield County Vegetation Management shall also be a condition of
approval.
(B) The County Commissioners may require security before a permit for
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;
Response
In the past, the Board has required, as a condition of approval that "A sufficient monetary
security, determined by the Board of County Commissioners, to ensure rehabilitation of the
site once operation has ceased shall be provided by the Applicant."
Re- vegetation securities are standard for these kinds of applications and shall be conditions
of approval.
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 19
While the well pads on which the pits are located are secured by a COGCC blanket bond,
this security does not cover portions of the Drill Fluids Recycling System that are off the
well pads, namely, the connecting pipelines. Much of the proposed pipeline that will be
used in this System is already in place, so the disturbance has already occurred. (Other
portions of the system are proposed to be temporarily laid on the surface.)
• Garfield County Vegetation Management Department Director, Steve Anthony,
(Exhibit I) , comments that
A current map or inventory of county- listed noxious weeds hasn't been
provided. In lieu of requesting a weed inventory and map, staff requests
a site visit with the applicant to review the general area (the pads and
proposed pipeline corridors) for current weed management efforts. In
particular, staff has concerns about the heavy infestations of Canada
thistle, musk thistle, common burdock, and other listed noxious weeds
along Parachute Creek
Staff recommends that a weed assessment of all pipeline corridors be performed and a
response to weed management be developed to the satisfaction of the Garfield County
Vegetation Management Department as a condition of approval for the permit.
Section 5.03.08 (industrial Performance Standards]
Pursuant to section 5.03.08 of the Zoning Resolution, 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:
(1) Volume of sound generated shall comply with the standards set forth in
the Colorado Revised Statutes at the time any new application is made.
(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.
(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.
(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 gases, aircraft warning signals, reflective painting
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 110
of storage tanks, or other such operations which may be required by law as
safety or air pollution control measures shall be exempted from this provision.
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal
areas:
(A) Storage of flammable or explosive solids or gases 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;
(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;
(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
reasonably foreseeable natural causes or forces;
(D) Storage of Heavy Equipment will only be allowed subject to (A) and
(C) above and the following standards:
1. The minimum lot size is five (5) acres and is not a platted
subdivision.
2. The equipment storage area is not placed any closer than
300 ft. from any existing residential dwelling.
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
berming, landscaping, sight obscuring fencing or a
combination of any of these methods.
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., Mon. -Fri.
5. Loading and unloading of vehicles shall be conducted on
private property and may not be conducted on any public
right -of -way.
(E) Any storage area for uses not associated with natural resources
shall not exceed ten (10) 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.
(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 facilities may begin. All percolation tests or ground water resource
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 111
tests as may be required by local or State Health Officers must be met
before operation of the facilities may begin.
Staff Response
Should the Board approve the request for the Drill Fluids Recycling System, Staff suggests
the industrial performance standards be considered conditions of approval as they are
specifically intended to ensure that any industrial use (such as this system) function in
accordance with the proper best management practices and within the parameters of the
State statutes.
There is limited proposed storage for heavy equipment on the site; diesel and electric
generators to operate the pumps will be in operation at varying locations on the system. An
additional submittal of noise assessment for the diesel generators required to operate the
pumps (Exhibit L) shows that the noise level at maximum output is 100 dB(A) within 4 feet of
the operating machinery; dropping to 79 dB(A) at 49.2 feet.
Staff estimates that the noise level at the property boundary or 350' from an occupied
residence would be below 70 dB(A), the industrial noise level from the Colorado Revised
Statutes. There is no residence near any of the boundary locations with the exception of D28,
which is estimated by Staff to be more than one -half mile from the residence, and it has been
stated that the residence is not inhabited. The equipment is represented to be transient,
moving from location to location, always in use and therefore not stored.
The requirement for screening should not be required as the site is remote, bounded on three
sides by steep canyon - walls, far from human occupation. The boundary of the nearest
potentially affected parcel (on the east side) is more than 1700 feet away. Paitning permanent
installations a neutral shade of non- reflective paint will help to make the site more
inconspicuous.
The site is not situated so as to allow vibration to emanate beyond the boundaries, nor have
fumes or other emanations off-site. The site is not proposed to be used for storage, aside
from limited produced water, which shall, as a condition of approval, be properly stored in
approved lined pits inside an adequately sized spill containment basin. Lighting will be
provided by portable lighting plants, and directed downward and inward onto whatever site to
which they have been assigned.
Section 9.03.05 [Periodic Review of SUP1
Pursuant to section 9.03.05 of the Zoning Resolution:
Any Special Use Permits maybe made subject to a periodic review not less than every
six (6) months if required by the County Commissioners. The purpose of such review
shall be to determine compliance or noncompliance with any performance
requirements associated with the granting of the Special Use Permit. The County
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8,10.09 PAGE 112
Commissioners shall indicate that such a review is required and shall establish the
time periods at the time of issuance of a Special Use Permit. Such review shall be
conducted in such manner and by such persons as the County Commissioners deem
appropriate to make the review effective and meaningful. Upon the completion of each
review, the Commissioners may determine that the permit operations are in compliance
and continue the permit, or determine the operations are not in compliance and either
suspend the permit or require the permittee to bring the operation into compliance by a
certain specified date. Such periodic review shall be limited to those performance
requirements and conditions imposed at the time of the original issuance of the Special
Use Permit.
Staff does not recommend periodic review of the site as the conditions will serve as a
mechanism for operating within the necessary standards of the permit.
VI. REFERRAL AGENCY COMMENTS
Staff referred this to a number of referral agencies for comment:
H. Garfield County Road & Bridge Department., Jake Mall, Administrative Foreman:
Letter, 7.21.09
General Comments: Garfield County has no objection to this application with the
following comments.
A driveway access permit shall not be needed for this application as the access to the
project locations has been permitted and is on land owned by Encana Oil & Gas USA
Inc.
This application will reduce the truck traffic on Cr. 215 making Cr. 215 safer for all users
of this road. It will also reduce the impact on the driving surface of Cr. 215 that is already
failing due to the high volume of heavy traffic.
All vehicles hauling equipment and or materials for this application shall abide by
Garfield County's oversize /overweight permits system. All vehicles requiring
oversize /overweight permits shall have a letter on file with Garfield County Road &
Bridge Department from Encana Oil & Gas USA Inc. stating said vehicles can obtain
oversize /overweight permits under their bond on file with Garfield County. All vehicles
requiring oversize /overweight permits shall apply for them at Garfield County Road &
Bridge Department. _
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date July 21, 2009
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE
I. Garfield County Vegetation Management Department, Steve Anthony, Director:
Thanks for the opportunity to comment on this project. My comments are as follows:
Weed Management
• Noxious weeds are mentioned briefly in the NPR Reclamation Plan. A current map
or inventory of county- listed noxious weeds hasn't been provided. In lieu of
requesting a weed inventory and map, staff requests a site visit with the applicant to
review the general area (the pads and proposed pipeline corridors) for current weed
management efforts. In particular, staff has concerns about the heavy infestations
of Canada thistle, musk thistle, common burdock, and other listed noxious weeds
along Parachute Creek.
J. Colorado Division of Wildlife, Game Officer Dan Skinner for Area Manager, J.T.
Romatzke, letter dated 8.3.09 Letter attached
G. Garfield County Planning Department Project Engineer, John Niewoehner PE:
Email, 7.31.09
From: John Niewoehner
Sent: Friday, July 31, 2009 2:22 PM
To: Dusty Dunbar
Subject: Encana - Fluid recyding System
RE: Encana NPR Fluid Recycling Center
As required in the International Building Code, grading permits are required for land disturbances greater than 6000
square feet. Thus, most pipeline projects require grading permits.
John
John Niewoehner PE
Project Engineer
Garfield County Planning Department
No comments received:
• Garfield County Oil & Gas Liaison,
• Garfield County Environmental Health Manager,
• Grand Valley Fire Protection District.
VII. RECOMMENDED FINDINGS
1. Proper posting and public notice was 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.
13
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 14
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 (Sections 5:03, 5:03:07, 5:03.08
and 9:03) the Garfield County Zoning Resolution of 1978, as amended.
VIII. STAFF RECOMMENDATION
Due to the following conditions:
• the limited nature of potential impacts to surrounding properties,
• the remote location of the property,
• the proposed is required to operated within compliance for noise and mitigate
glare and other emanations,
Staff recommends the Board approve the request for a Special Use Permit for EnCana Oil
& Gas (USA)'s NPR Drill Fluids Recycling System 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 Board.
2. That the operation of the system be done in accordance with all applicable Federal,
State, and local regulations governing the operation of this type of facility.
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 International Fire Code as the Code pertains to the operation of this system.
4. Vibration generated: the NPR Drill Fluids Recycling System 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.
5. Emissions of smoke and particulate matter: the Drill Fluids Recycling System shall be
so operated so as to comply with all Federal, State and County air quality laws,
regulations and standards.
6. Emission of heat, glare, radiation and fumes: the Drill Fluids Recycling System 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.
7. Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes, COGCC Series 800.
SUP EnCana NPR Drill Fluids Recycling System- BOCC- 8.10.09 PAGE 15
8. No storage of unused heavy equipment or materials is permitted.
9. No human habitation of this site is allowed at any time, other than the residence 3
miles south of EnCana's gate..
10. Any lighting shall be pointed downward and inward to the property center and shaded
to prevent direct reflection on adjacent property.
11. 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 facilities 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.
12. Prior to the issuance of the Special Use Permit, a reclamation security of $2500 per
acre shall be submitted for site disturbance, as per the Garfield County Vegetation
Manager. If the use as a NPR Drill Fluids Recycling System is ended, reclamation
shall be initiated within 60 days and meet the requirements set forth in the reclamation
plan in place on the date the Special Use Permit issued, or the site reclamation
standards in place at the time of use cessation, whichever is more stringent. The
reclamation standards at the date of permit issuance are cited in Section 4.06, 4.07
and 4.08 of the Garfield County Weed Management Plan (Resolution #2002 -94).
13. All equipment to be permanently affixed on the site shall be painted with non -
reflective paint in neutral shades of desert tan or beetle green to make the site less
conspicuous.
14. Dust mitigation on the sites and access roads must be performed to prevent fugitive
dust.
15. Prior to issuance of the Special Use Permit, written confirmation by a certified wildlife
biologist to ensure that no active nest sites for threatened or endangered species or
species of concern are within a distance considered by the Colorado Division of
Wildlife to be adversely affected by human activity, and that no threatened,
endangered plant species or plant species of concern are within the acreage to be
affected by this system.
16. Bear -proof refuse containers shall be required on the site.
IX. RECOMMENDED MOTION
"I move to approve a Special Use Permit to allow the installation of the EnCana Oil & Gas
USA NPR Drill Fluids Recycling System, with the conditions provided by Staff."
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
EXHIBIT
i 4+
Date Sent: July 8, 2009
Comments Due: July 30,2009
Name of application: Encana NPR Drill Fluids Recycling System
Sent to: Garfield County Road & Bridge
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e- mailed, or faxed to:
Garfield County Building & Planning
Staff Contact: Dustin Dunbar
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970- 384 -3470
Phone: 970- 945 -8212
General Comments: Garfield County has no objection to this application with the
followin comments.
A driveway access permit shall not be needed for this application as the access to the_
project locations has been permitted and is on land owned by Encana Oil & Gas USA
Inc.
This application will reduce the truck traffic on Cr. 215 making Cr. 215 safer for all users
of this road. It will also reduce the impact on the driving surface of Cr. 215 that is already
failing due to the high volume of heavy traffic.
All vehicles hauling equipment and or materials for this application shall abide by
Garfield County's oversize /overweight permits system. All vehicles requiring
oversize /overweight permits shall have a letter on file with Garfield County Road &
Bridge Department from Encana Oil & Gas USA Inc. stating said vehicles can obtain
oversize /overweight permits under their bond on file with Garfield County. All vehicles
requiring oversize /overweight permits shall apply for them at Garfield County Road &
Bridge Department.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date _July 21, 2009___
Revised 3/30/00
MEMORANDUM
To: Dusty Dunbar
From: Steve Anthony
Re: Comments on the EnCana NPR Drill Fluids Recycling System
Date: July 28, 2009
Thanks for the opportunity to comment on this project. My comments are as follows:
Weed Management
• Noxious weeds are mentioned briefly in the NPR Reclamation Plan. A current map or inventory
of county- listed noxious weeds hasn't been provided. In lieu of requesting a weed inventory and
map, staff requests a site visit with the applicant to review the general area (the pads and proposed
pipeline corridors) for current weed management efforts. In particular, staff has concerns about
the heavy infestations of Canada thistle, musk thistle, common burdock, and other listed noxious
weeds along Parachute Creek.
Dusty Dunbar
Subject: FW: Encana - Fluid recycling System
From: John Niewoehner
Sent: Friday, July 31, 2009 2:22 PM
To: Dusty Dunbar
Subject: Encana - Fluid recycling System
RE: Encana NPR Fluid Recycling Center
EXHIBIT
T
As required in the International Building Code, grading permits are required for land disturbances greater than 6000
square feet. Thus, most pipeline projects require grading permits.
John
John Niewoehner PE
Project Engineer
Garfield County Planning Department
1
STATE OF COLORADO.
Bill Ritter, Jr -, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY MPLOYeR
Thomas E. Remington, Director
6060 Broadway
Denver, Colorado 60216
Telephone; (303) 297-1192
wlldlfe.state.co.us
August 3, 2009
• Dustin Dunbar
Staff Planner
Bldg #2060, 0375 CR 352
Rifle, Colorado 81650
(970) 625 -5903
For Wildlife -
For People
Re: EnCana Oil and Gas (USA) / SUP 18708 / Drill Fluids Recycling System / Garfield County
Dear Dustin Dunbar;
Thank you for the opportunity to comment on the proposed EnCana North Parachute Ranch (NPR) Drill
Fluids Recycling System (DFRS). The system is comprised of 27 current pits on 21 well pads totaling
91.479 acres of total well pad site surface disturbance. The proposed DFRS is completely contained on
EnCana's NPR, which is accessible by Garfield County Road 215 and is located approximately 8.5
Idles north- northwest of the Town of Parachute, in the County of Garfield, and the State of Colorado.
The mission of the Colorado Division of Wildlife (CROW) is to protect, preserve, enhance, and manage
the wildlife and their environment for the use, benefit, and enjoyment of the people of Colorado and its
visitors. One of the ways we achieve our mission is to comment on land use proposals such as the
request we have received from your agency. Our goal is to provide complete, consistent, and timely
information to all entities who request comment on matters within our statutory authority and our
mission.
After reviewing the Special use permit narrative, the Colorado Division of Wildlife acknowledges the
importance of a drill fluids recycling system, Between 30,000 and 60,000 barrels of fresh water will be
saved per day, which will benefit the local fish and wildlife populations, as well as native plant
communities. Also, the project will save an estimated 120,000 truck trips per year on the North
Parachute Ranch; less truck traffic will directly result in decreased levels of disturbance to wildlife and
lower rates of roadkill mortality.
.Habitat
1). 1. The proposed project is located in the Parachute Creek complex about 8.5 miles north-
northwest of Parachute, CO. There are three main streams located in the development area
(West Pork Parachute Creek, Middle pork Parachute Creek, and East Pork Parachute Creek)
DEPARTMENT OF NATURAL RESOURCES, Halls D. Sheen an, Executive Director
WJLDUFE COMMISSION, Brad Coors, Chair e Tim Glenn, Vice Chair. • Dennis Suediler, Secretary
Members, Jeffrey Crawford •. Dorothea Ferris • Roy Me naJiy ! John Singletary •. Maroc Smith • Robert Streeter
. Br Officio Members, Harris Sherman and John Stuip.
900 /COOd aleCO :Ot 6004 E and li49- SSZ -OL6 XeJ AO 'AI(1
which provide unique riparian habitat as they flow throughout the year. Riparian areas such
as this are extremely valble to wildlife, as they provide both permanent habitat and
migration corridors, allowing movement from one area to another.
2). The proposed pits, pipelines, well pads, and associated roads lie within winter range and
critical winter range for mule deer, an elk winter concentration area. Construction activities
dining the time period of December Ist through April 15th would negatively impact wintering
mule deer and elk in these project areas by causing these species to incur increased winter
stress. Negative impacts to wintering mule deer and elk could be minimized in these areas
by avoiding construction activities during this sensitive time period.
3) The project locations lie in areas where native vegetation provides foraging, nesting, thermal
and escape habitats for numerous species of wildlife. The removal and disturbance of native
vegetation for the construction of any new pipelines will negatively impact the native
wildlife species associated with these project areas. Upon rehabilitation of these well
locations and roads, negative impacts to native wildlife can be offset by planting a suitable '
mixture of native grasslforb /shrub seed. Seed plantings on disturbed soils will have greater
germination and survival rates When the soil surface has been prepared to hold moisture and
runoff precipitation. Soils will exhibit increased moisture retention capabilities when the soil
surface has been loosened with a "ripping tool" that creates a rough and uneven soil surface
and seed bed. This treatment will increase seed germination; and, will reduce the amount of
surface runoff and soil erosion. Reclaimed areas should be monitored to ensure high
germination and survival rates.
4) Areas of dense rock provide habitats for numerous species of small mammals, birds and
reptiles. We encourage the replacement of rocks, in comparable natural densities, wherever
rock outcroppings are disturbed. This helps mitigate impacts to the above types of wildlife:
The Division of Wildlife supports boring beneath some of the rock outcroppings, which will
preserve habitat for the above species types.
5) Wildlife of all sizes could accidentally enter the evaporation/holding pits of gas wells at any
time during the year. CDOW has reviewed the attached document from EnCana regarding
best management practices on fencing and netting pits, and strongly recommends the
following: In general, wildlife should have no difficulty escaping pits provided these pits are
lined with dirt, and, the pit slopes are kept at a 3:1, or lower, ratio. Xf pits are lined with
plastic, or other material that has a "slippery" surface, wildlife would then have difficulty
exiting the pits, and, could perish by drowning �r exposure. Should pit linings that offer poor
traction be installed., we suggest that "escape ramps" be placed at 50 foot intervals on the pit
banks, and, at each corner of the pits. Escape ramps made of galvanized chain link fence
material would provide adequate traction and climbing surfaces for a variety of wildlife to
exit the pits. It is recommended that "escape ramps" be 24 inches wide and extend from the
top edge of the pit liner to the pit floor.
Weed Control
900 /VOOd MOM. 0. 6002 E gnu
1.1 l9- SSZ -OL6 xt3 331101111 3O 'h l0
Bears
Non- native weed species have become established on many disturbed soils throughout the
Parachute Creek area. The disturbance of soil, particularly along riparian corridors, increases the
chance of non-native weed'invasion. The invasion of r+orz- native weeds reduces the density of
native vegetation and lessens the habitat values for native wildlife species.. The continual control .
and removal of non-native weeds on the disturbed/rehabilitated sites 'of this project will help
restore native vegetation that is valuable to wildlife. The Division of Wildlife notes that the NPR
Reclamation Plan partially addresses these issues and includes recommendations for treatment
and reduction of non - native weeds. The Division of Wildlife supports these recommendations,
and would gladly provide any additional information needed on weed control. Additionally,
CROW appreciates EnCana's desire to cooperate with adjoining landowners and produce an
Integrated Vegetation and Noxious Weed Management Plan.
The project location lies within year-round black beat habitat Increased human use of the
proposed development area may increase the potential for conflicts with black bears during the
summer and early fall, particularly during years of drought. The potential for hum/bear
conflicts within this project area would be greatly reduced by placing and,utilizing "bear proof" . _
trash containers at work- site/camping locations. These trash containers should be emptied
weekly at a minimum. The Division of Wildlife has information on the design and purchase of
"bear proof' trash containers, and, will provide this information to anyone who is interested in
preventing conflicts with bears.
The Division of Wildlife recommends that employees be required to comply with "bear aware"
policies regarding food, trash, 1.03Q. grills, and birdfeeders; and educated on what to do if they
encounter a bear. The Division of Wildlife would gladly offer specific on -site recommendations
to minimize human -bear conflict, and provide bear education seminars for contractors and/or
enapioy'ees. •
Workers affiliated with this project should be advised not to feed bears, whether intentional or
not, since this activity is detrimental to black bears, and is a violation of Colorado Wildlife
Commission Regulation (WCR) 4021(D). WCR 11021(D) states, it is unlawful for any person to
fail to take remedial action to avoid conflict with black bears after being notified by the Division
of Wildlife that black bears are in the area. The Division also suggests workers affiliated with
this project be notified that failure to comply with the regulation will result in the issuance of a
citation by the Division of Wildlife. .
Cmnulative. Impacts
1) This project will add cumulative impacts similar to impacts already caused by extensive
development of the area;, some fragmentation and degradation of wildlife habitat will occur
as a result of the proposed project.
2) Negative impacts to wildlife become significant when habitat disturbances caused by gas
development are added over time and become cumulative. Negative impacts to wildlife are a
result of noise from well heads and compressors; increased sedimentation; disturbance of
aoo/SOOd ineol1. 6o0Z e ena 1419 -S2 -OL6
N1101111 AO Ala
fragile soils and steep slopes; loss of winter forage for wildlife; loss of migration corridors
for wildlife; human disturbance to wintering populations of wildlife; animal harassment as a
result of increased human activity; vegetation disturbance by road, pipeline and well pad
construction; increased invasion of noxious weeds to disturbed sites;.and increased access .
into roadless areas resulting in a loss of seclusion for wildlife and increased vulnerability to
poachers.
Poaching
Multiple species of wildlife that inhabit the area surrounding the proposed project, including elk,
mule deer, black bear, mountain lion, bobcat, red fox, gray fox, cottontail rabbit and wild turkey,
may be extremely vulnerable to illegal hunting during various times of the year. Wildlife species
often concentrate near roads and riparian areas, particularly during the winter months when deep
snow forces them to lower elevations. Wildlife along roadside habitats may become highly
visible during certain times of the year and become easy targets for poaching. CDOW Law
Enforcement will be present on both public and privately -owned property, The Division of
Wildlife encourages EnCana Oil & Gas (USA), its contractors and its employees to report any
incidents of poaching immediately to the Division of Wildlife, If a poaching incident occurs,
representatives of EnCana should immediately all the District Wildlife Manager (via the
Colorado State Patrol at 970- 824 -6501, if after normal business hours) or Operation Gatne Thief
(O0T) at 1 -877- 265 -6648. EnCana should educate workers about poaching and encourage
reporting of such incidents to Operation Game Thief.
Thank you again for the opportunity to comment on the proposed EnCana Oil & Gas (USA) DFRS.
Please do not hesitate to contact the Colorado Division of Wildlife about ways to continue managing the
property in order to maximize wildlife value while minimizing potential conflicts. re you have Rather
questions please contact District Wildlife Manager Dan Skinner at (970) 255 - 6124.
Sincerely;
JT Romatzke
Area Wildlife llife Manager
Colorado Division of Wildlife
900/900d wtPO:OI. 600Z £ sh9 1419- 99Z —O2.6 x2A AJl1011in AO 'AIO
Exhaust sound data 03Z16132
EXHAUST Sound Data: 4.92 FEET
ENGINE ENGINE OVERALL OBCF OBCF OBCF OBCF OBCF OBCF OBCF OBCF
SPEED POWER SOUND 63HZ 125HZ 250HZ 500HZ 1000HZ 2000HZ 4000HZ 8000HZ
RPM BHP DB(A) DB DB DB DB DB DB DB DB
2,400 230 105 114 99 106 99 98 97 97 98
2,300 225 105 114 99 106 99 98 97 97 98
2,200 220 105 113 99 105 98 97 97 97 97
2,100 213 105 113 99 105 98 97 97 97 97
2,000 207 104 114 98 102 '99 97 97 97 95
1,900 200 104 114 98 102 99 97 96 96 95
1,800 192 104 112 96 99 99 96 97 97 94
1,700 184 103 112 96 99 98 95 96 96 94
1,600 174 103 111 96 99 97 95 96 96 93
1,500 163 102 111 95 99 97 94 95 95 93
EXHAUST Sound Data: 22.97 FEET
ENGINE ENGINE OVERALL OBCF OBCF OBCF OBCF OBCF OBCF OBCF OBCF
SPEED POWER SOUND 63HZ 125HZ 250HZ 500HZ 1000HZ 2000HZ 4000HZ 8000HZ
RPM BHP DB(A) DB DR DS DB DB DB DB DB
2,400 230 92 105 92 93 85 85 84 84 84
2,300, 225 92 105 92 93 85 84 83 83 83
2,200 220 92 105 92 93 85 84 83 83 83
2,100 213 91 104 91 92 84 84 83 83 83
2,000 207 91 107 91 89 85 84 83 84 82
1,900 200 91 106 90 88 84 84 82 83 81
1,800 192 90 104 87 86 85 84 83 83 81
1,700 184 90 104 86 85 84 83 83 82 80
1,600 174 89 98 87 85 84 82 82 83 81
1,500 163 89 97 86 84 83 81 81 82 80
EXHAUST Sound Data: 49.21 FEET
ENGINE ENGINE OVERALL OBCF OBCF OBCF OBCF OBCF OBCF OBCF OBCF
SPEED POWER SOUND 63HZ 125HZ 250HZ 500HZ 1000HZ 2000HZ 4000HZ 8000HZ
RPM BHP DB(A) DB DB DB DB DB DB DB DB
2,400 230 85 98 85 86 78 78 77 77 77
2,300 225 85 98 85 86 78 78 77 77 77
2,200 220 85 98 85 86 78 78 77 77 76
2,100 213 85 98 85 86 78 77 76 76 76
2,000 207 84 100 84 82 78 77 76 77 75
1,900 200 84 100 84 82 78 77 76 77 75
1,800 192 84 98 80 ' 79 78 . 77 77 76 74
1,700 184 83 97 80 79 78 77 76 76 74
1,600 174 . 83 91. 80 78 77 75 76. 74
1,500 163 82 91 80 78 77 75 74 76 73
MECHANICAL Sound Data: 3.28 FEET
ENGINE ENGINE OVERALL OBCF OBCF OBCF OBCF OBCF OBCF OBCF OBCF
SPEED POWER SOUND 63HZ 125HZ 260HZ 600HZ 1000HZ 2000HZ 4000HZ 8000HZ
RPM BHP DB(A) DB DB DB DB DB DB DB DB
2,400 230 100 74 99 95 89 95 96 86 83
2,300 225 100 74 99 95 89 95 96 86 83
2,200 220 99 74 99 94 89 94 95 85 82
2,100 213 99 73 98 94 88 94 95 85 82
2,000 207 98 73 98 93 88 93 94 84 81
1,900 200 98 72 97 93 87 93 94 84 81
1,800 192 98 72 97 92 87 92 93 83 80
1,700 184 97 72 97 92 87 92 93 83 80
1,600 174 97 71 96 92 86 92 93 83 80
1,500 163 96 71 96 91 86 91 92 82 79
MECHANICAL Sound Data: 22.97 FEET
ENGINE ENGINE OVERALL OBCF OBCF OBCF OBCF OBCF OBCF OBCF OBCJ
SPEED POWER SOUND 63HZ 125HZ 250HZ 600HZ 1000HZ 2000HZ 4000HZ 8000HZ
RPM BHP DB(A) DB DB DB DB DB DB DB DB
2,400 230 86 68 83 81 75 81 81 73 69
2,300 225 85 67 83 80 74 81 81 72 69
2,200 220 85 67 82 80 74 80 80 72 68
2,100 213 84 66 82 79 73 80 80 71 68
2,000 207 84 66 82 79 73 80 80 71 68
1,900 200 84 66 81 79 73 79 79 71 67
1,800 192 83 65 81 78 72 79 79 70 67
1,700 184 83 65 80 78 72 78 78 70 66
1,600 174 82 64 80 77 71 78 78 69 66
1,500 163 82 64 79 77 71 77 77 69 65
MECHANICAL Sound Data: 49.21 FEET
ENGINE ENGINE OVERALL OBCF OBCF OBCF OBCF OBCF OBCF OBCF OBCF
SPEED POWER SOUND 63HZ 125HZ 260HZ 500HZ 1000HZ 2000HZ 4000HZ 8000HZ
RPM BHP DB(A) DB DB DB DB DB DB DB DB
2,400 230 79 61 77 74 68 75 75 66 63
2,300 225 79 61 76 74 68 74 74 66 62
2,200 220 78 60 76 73 67 74 74 65 62
2,100 213 78 60 75 73 67 73 73 65 61
2,000 207 77 59 75 72 66 73 73 64 61
1,900 200 77 59 74 72 66 72 72 64 60
1,800 192 77 59 74 72 66 72 72 64 60
1,700 184 76 58 74 71 65 72 72 63 60
1,600 174 76 58 73 71 65 71 71 63 59
1,500 163 75 57 73 70 64 71 71 62 59
141
Project Specifics:
NPR Drill Fluids Recycling System
8POU[SI
APf1ICANI
)OCAIION ( Podlons of Sections 19.27.78 20 of 133883N ox1 Sectos
ACCfIY 15.77.73.26 of 135. R43W Potosi 12136.77 }04015)
Special Use Ferrril for •hd siM Supped f2Ciely • lo Ino dr
roofedd AanfIng, pumpngloo0liox efogi g meas. vocesdng'
F/1Cono OT Gus [USN inc.
511E INfO1MAIION':
11i1NNG
pour-Tow zaumq
LOCATION
13.18 Ceref of o 13pdO'ooJe porch owned by fnCOno
R.eo.se. 1or. OAI.IOI- Opaon Space, TIT-A1
03 odes from the ens of CR 213 narlhd Po.ochLee
R€LATIONSNIP 10 IIIL
cOMPatli I IIAl Foc0tymay be considered *Oh 0 Special Use Permit
SUP: EnCana Oil & Gas (USA) Inc.
North Parachute Ranch (NPR)
Drill Fluids Recycling System
BOCC
August 10th. 2009
smog wawa ample
AA, ivroffrao 124 01, XIII
l F n�� �tilll�
a l 4 1;
1vi
~
1 , . 0E13 I � 6 �.1 te<4 PEN
4
1
Requirements
Sedlan 5.03
Zone ❑isiricl requirements for Resources Lands
require responses to conditions set forth in 5.03
These conditions Include:
adequate utilities.
adequate street improvements for this use,
mitigation for effects on ad (ocent parcels re:
screening for heavy impacts that
might affect 'neighborhood character'
Sect., 5.03
Site has adequate utilities (wafer and sewer)
water will be provided for workers on site during
'tracing' operations, inspections, etc. (these are
temporary and Transient occupations); porta-
potties are required (COGCC) on well pad sites
as such, utilities not necessary to the NPR DFRS:
• Site has adequate street Improvements for this use:
• With enrrrfil ons, site will not have an adverse effect
on adjacent parcels re: 'neighborhood
character'
Requirements of 5,03 have been met or can be met
with conditions recommended by Staff.
Requirements
Section 5.0107
• An impact statement shall be prepared by the
applicant and ten (10( copies submitted to Garfield
County, to include responses to conditions set forth
In 5.03.07, (a) through (f(.
• These conditions include:
the lawful use of water,
mitigations of nuisances generated,
mitigation for effects on wildlife, traffic.
3
Requirements
section 5.43,07 IndusMol Operations
• Site is located in a 'neighborhood' that has a number
at industrial facilities permitted:
• Facility is unmanned, and requires no sanitation or
water except during 'hating' 13 days), pode -potty
sanitation on well pads is required by COGCC;
• Rood improvements ore not required; permits for
oversized vehicles. etc. as required by GarCo Rood
8, Bridge are a condition o! approval;
• Site h located in a sleep - walled canyon more Than S
miles from the end of the public road, meets the
setback distance requirements from other properties-.
• There is no permanent righting affiliated with this
projecl and no signs;
Requirements
Section 5.03.07 IndusMd Operations
Requirements of 5.03.08 Industrial Performance
Standards ore recommended to be sotisfied as part
at the consideration at this Permit
Requhements of 5.03.07 have been met or
con be me! with conditions recommended by Sled.
Requirements
Section 5.03,08 IndusMar Performance Slmdads
• All industrial operations in the County shall comply
with all applicable County, Slate and Federal
regulationsreguloting water, air and noise pollution.
• Operations shall be conducted in a manner to
prevent the operation from constituting a nuisance
or hazard.
• Operations shall be conducted in a manner to
minimise heat, smoke, dust, vibration, glare, and
odor and all other undesirable environmental
effects beyond the boundaries of the property.
4
""1111!111 Regvierr+enfs
Section 503 03
• Site is administered under the COGCC 800 series slandords.
• Noise assessment for the CPF included this well pad as a
component; noise levels are acceptable as 'light industrial'
standards except near the D28 well pad where there is a
residence; at that location the noise from the temporary
pump /generator shall have noise attenuation during times
when the site is in use
Vibration imperceptible at any point at boundary line
• Emissions of smokeand particulate matter shall meet oil
local. County. State and federal standards
• Emissions of heal /glare/radiation /fumes- operation shall not
substantially interfere with existing use at adjacent
properties or cause a public nuisance
UP: EnCono Oil & Gas jUSAt Incxn
Requirements met?
The conditions have been met. or can be met with
conditions,
In response to 'Operations shall be conducted in a manner
fo prevent the operation from consliluting a nuisance or
hazard'
• the site indulanced from residences,
• the site is visua'ily screened by its remote location In a
canyon
• the noise at the boundary will be below 70 dbA ai
a distance of 350 feet horn the tacitly
(except on the D28 pad, where the residential
levels of 55 dbA shall be required)
SUI'. EnCannrJUl Y. (:05 tUSA) Inn. �.
Existing site administration
She sites are welt pads permitted by the COGCC.
COGCC regulations apply to Ilawines. pits and
gathering lines.
The operation of the site her numerous permits and
conditions under which it is operating:
+ Existing road permit
• Existing storm -waler permit
+ Existing weed management plan 6. bond
+ Existing reclamation plan
Requirements al 5.03.08 have been met or
can be met with conditions recommended by Staff.
5
SUP: EnCana Oil & Gas (USA) Inc. NPR Lit Wads Recycle(' System
9.03.05 Periodic Review of SUP
Allows for the periodic review of facilities /operations
administered by a Special Use Permit. by the request of the
80CC
The facility is not required to be reviewed every six months;
2. many of the functions and reclamation are
administered by COGCC regulations that have
ongoing annual reports shall be required to be
shared with GarCo to provide oversight,
i The pits (ponds) have lime limitation associated with
them - as the use is ended )two-ihree years) they will
be reclaimed as per COGCC regulations
Slott recommends no periodic review
It approved with conditions recommended.
91111H
SUP: EnCanis Cii & Gas (USA) Inc„ rile era Rids Recycle(' 5yrlem
Findings
I. Proper posting and public notice was provided as
required far the mess ling before the Board of County
Commissioners.
2. The meeting bakers Ilse Boadol County Commissioners
waseztensive and complete, Net on pertinent loots,
matters and issues were submitted and that obi inloreslcd
parties were heard at That meeting.
3. The above slated and other reasons, the proposed
special use permit has been delermirsed lobe In the beg
Interest of the health, safety, morals, convenience, ceder,
prosper-Wand welfare at the dlizens or Garfield County.
4 the application hos met Ilse requhementsol Special Use
.iscclirons 5:03,5:03:07. 593.08 and 9:0.31 the Gelieid
County Zoning Restitution of 1978, <.s amended.
SUP: EnCona Oil &Gas IUSA) Inc. rc'e La Skids k'oc,‘ ing 5,,,!_v,
Stall recommends approval with conditions:
I. All representations al the Applicant, cilher within lie
opplicalionor staled al lire hearing before the Board of
County Commissioners. shall be considered candilarrsof
approval unless expsclllytittered by the Board.
2. the opera Tien of this system be dorm in accordance withal
applicable Federal, Stale, and local regulations
governing the operation of Ihs type of system.
3. The Applicant shcillcompy with the the prolec Bon provision
Included in the rules and regulolionsof Ilse Colorado ON
and Gas Conservation Commission (COGCC) and IP*
Infemotbrsol Fire Code as the Code pertains to the
operation of thissyslem.
4. Vigra Pon ge nera ted: the NPR Drill Fluids Recycling System stall
be so operated Ihai the ground vibration inherently and
recurrenitygeneroted is not perceptible. wllhaA
instruments. al any point of any boundary Fero of the
properyon which the Use In boiled.
6
SUP: EnCano Oil &Gas (USA) Inc. NPR fa-1 r.vs Shtcva
Starr recommends approval with conditions:
5. Emissions of smoke and parlkulale molter: the NPR PRftuids
Recycling System shat be so operated so as to comply with
all federal, State and County air qualitylaws, tegutottom
and slondardf.
6. Emission of heal. glare. radiallonond fumes: the NPR DPI Fluids
Recycling System she be so operated shot it does not emit
hoof, glare, iodation or fumes which substaniiollylntedara
with the existing use at adjoining properly or which
constitutes a public nuisance or hared.
7. Volume of sour-dgoneroted sisal compy with the standards
set forth In the Colorado Revhed Statutes and Me
CalaadoOil and Gas Con servatlonCommhsion (COC;CCJ.
Banos 800 regulations.
8, No storage of unused lneovyequiprnent or materials h permitted.
I. No human habitation at this rite Is allowed at any time, other
than the residence three (3} miles south al EnCana's NPR
gale.
SUP: EnCana Od S Gas (USA' Inc. see ors rum necycsrsg System
Starr recommends approval with conditions:
10. Any lighting shall be pointed downward and inward to the
properycenier and shaded to prevent direct rellaclion on
adjacent properly.
I I. Wake pollution: 1n o case In which potential hazards Ceist,it
stwsil be necessary to intatlsadegtwrds designed to comply
wilts the Regulaliomof the Environment !Protection
Agency before operation of the McInnes may begin. All
percolation tests or ground water resource tests as may ho
required by local or Slate Health O0lcets must bar met
podormed betere operoFrsn of the ladiriesmoy begin.
A plan to the satisfaction of the GarCO FmBormentet Health
Dept. shall be developed by the Applicant to provide ongoing
verification that the integrity of the system is net allowing drill
Melds to escape into the soli and water. Pad of the plan shall
be a letter slating the resells of all annual reports required
ender COGCC regulations to ensure Integrity of both
subterranean and rodeos hewlines /gothedng lines used as
components to be provided within 30 days of the report
411111 1111 SUP: EnCana 01& Gas (USA/ Inc. rr:•e C,:r is.:i. r, i
Staff recommends approval with conditions:
12. Rte lo the issuance of the Specbf Use Permit. a reclamation
security of 32500 per acre shall be submitted for site dhtubanr:,._
as per the Garfield County Vegetation Monger, II the use os a a
NPR Drill Fields Recycling System is ended, rectomation strait ion
initialedwi thin 60 days and meet the requirements sot Lath in
the seclamofion plan in place an the data the Special Use Permit
issued, ex Mesita reclamation staxiards In place al the lime of
use cessation, whichever is more stringent. the reclamation
standards al the dale al permit Issuance are cited In Section
doe. 4.07 and 4,00 of the Gerd id County Wood Marrogomenl
Plan (Resolution 12002 -94).
A site visit than be performed by the Garfield County Vegelallon
Management Department to assess the site and determine the
recarrmended acreage for the regvised security.
7
SUP. EnCono CM & Gas (USAI Inc. IVPA on clad% Recycsnr Syrlem
Staff recommends approval with conditions:
13. XI equipment to be permanently affixed on the site shalt be
painted with non-rellec live palm in neutral shades al
desert tan or beetle green to make the Bile less
conspicuous.
14. Mal mitigation on the sites and access roach runt be
perlarmed to prevent lugilbe dust.
15. Prior to Issuance of the Special Use Permit, written cantrmalion
bye certified wildfire biologist to ensue that no active rest
Mesta threatened as endangered species or species al
concern are within a distance considered by the Colorado
Division el Wildlife to he adversely ollec led by human
folivily. end that no lluualened, endangered plant
species or plant species at concern are within the acreage
to be affected by this system.
16. Bear proof refuse containers stall be required on the site.
We: EnCana01 &Gas(USAI Inc lave as Mash Recycling sprem
Staff recommends approval
"I move to approve a Special Use Permit to allow the
Installation of the NPR Dnll Fluids Recycling System, with the
conditions provided by Stott."
8