HomeMy WebLinkAbout1.0 Application submittal 01.17.11GARFIELD COUNTY
Building & Planning Department
108 811' Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield- county.com
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JAN 17 ?fit}
GARFIELD COUNTY
BUILDING & PLANNING
❑ LIMITED IMPACT REVIEW
LIMITED IMPACT REVIEW [AMENDMENT]
❑ CUP AMENDMENT [Issued under the Zoning Resolution of 1978. as Amended]
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GENERAL INFORMATION (Please print legibly)
Name of Property Owner: Chevron U.S.A. Inc. (Attn: Julie Justus)
Mailing Address: 760 Horizon Drive Telephone: (970 257-6042
City: Grand Junction State: c0 Zip Code: 81506 Cell: (970 ) 589 -5036
y E -mail address: ]Justus @chevron.com FAX: ( 970) 245 -6489
Y Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
y
> Mailing Address: Telephone: ( )
City: State: Zip Code: Cell: ( )
_
➢ E -mail address: FAX: ( )
> Requested Use from Table 3 -501 or 3 -502: Industrial Support Facility
Amendment to Permit term limit to extend permitted use for an additional 12 months
y Street Address / General Location of Property: The existing Temporary Water Managment
System is located approx. 18 miles north - northwest of DeSeque, Colorado
Legal Description: SE /4 NE /4 of Section 35, Township 5 South, Range 98 West
of the 6th PM, Garfield County, Colorado
`. Assessor's Parcel Number: 2 1 3 9_ 1 6 3 _ 0 0. 0 1 4
2 1 3 7 3 2 1 0 0 0 0 8
Existing Use: Grazing / Oil and Gas Extraction
> Property Size (in acres) 0.86 Zone District: RLGS
Last Revised 10/06/09
I. GENERAL SUBMITTAL REQUIREMENTS
[The following general application materials are required for all Limited Impact Review
Applications in Garfield County. Application materials and review standards that are
specific to an individual use (Community Facility, Parking Lot, Library, etc,) are
detailed in Sections 3 -301 of Article III and Article VII of the Unified Land Use
Resolution (ULUR) of 2008.]
A. Submit a completed and signed Application Form, an application fee, and a
signed Agreement for Payment form.
B. A narrative explaining the purpose of the application and supporting materials
that address the standards and criteria found in Articles ill and VII of the
Unified Land Use Resolution of 2008.
C. Copy of the deed showing ownership. Additionally, submit a letter from the
property owner(s) if the owner is being represented by another party other
than the owner. If the property is owned by a corporate entity (such as an
LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority"
demonstrating that the person signing the application has the authority to act
in that capacity for the entity.
D. Submit a copy of the appropriate portion of a Garfield County Assessor's Map
showing the subject property and all public and private landowners adjacent
to your property (which should be delineated). In addition, submit a list of all
property owners, private and public, and their addresses adjacent to or within
200 ft. of the site. This information can be obtained from the County
Assessor's Office. You will also need the names (if applicable) of all mineral
interest owners of the subject property, identified in the County Clerk and
Recorder's records in accordance with §24 -65.5 -101, et seq. (That
information may be found in your title policy under Exceptions to Title).
E. Vicinity map: An 8 '/z x 11 vicinity map locating the parcel in the County. The
vicinity map shall clearly show the boundaries of the subject property and all
property within a 3 -mile radius of the subject property. The map shall be at a
minimum scale of 1"=2000' showing the general topographic and geographic
relation of the proposed land use change to the surrounding area for which a
copy of U.S.G.S. quadrangle map may be used.
F. A copy of the Pre - Application Conference form from the original Pre -
Application Conference.
G. Submit 3 copies of this completed application and all the required submittal
materials to the Building and Planning Department. Staff will request
additional copies once the application has been deemed technically complete.
I. Limited Impact Review Process
The following section outlines and describes the Limited Impact Review process for
the variety of uses that are governed by the Board of County Commissioners by the
Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles III and VII in
the regulations themselves for a higher level of detail. [The following process is
required for applications for land use changes that are subject to Limited Impact
Review as defined in Table 3 -501 or 3 -502 in Article III.]
A. Outline of Process. The Limited Impact Review process shall consist of the
following procedures:
1. Pre - Application Conference (4 -103 (A))
2. Application (4 -103 (B))
3. Determination of Completeness (4 -103 (C))
4. Evaluation by the Director /Staff Review (4 -103 (E))
5. Public Hearing and Decision by the Board of County Commissioners
(4 -103 (G))
B. Submittal Materials: The following materials shall be submitted with a Limited
Impact Review application and are more fully defined in Section 4 -502 of
Article IV of the ULUR. The Director may waive or alter any of these
requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form and Fees
2. Site Plan (4- 502(C)(3))
3. Land Suitability Analysis (4- 502(D))
4. Impact Analysis (4- 502(E))
11. Limited Impact Review Amendment Process
Any proposal to change conditions of approval or a site plan approved under these
Regulations as a Limited Impact Review permit shall require application to the
Director for Amendment of a Limited Impact Permit Approval. The Director shall
review the application to determine whether the proposed change constitutes a
substantial change to the Limited Impact Permit approval pursuant to Section 4 -107
of Article IV.
A. Outline of Process. The review process for a proposed Amendment of an
Approved Limited Impact Review shall consist of the following procedures.
1. Pre - Application Conference (4 -103 (A))
2. Application (4 -103 (B))
3. Determination of Completeness (4 -103 (C))
4. Evaluation by the Director /Staff Review (4 -103 (E))
5. Decision by Director (4- 104(B)(5))
6. Public Hearing and Decision by the Board of County Commissioners
(4 -103 (G))
B. Submittal Materials: The following materials shall be submitted with a Limited
Impact Review Amendment application and are more fully defined in Section
f�
V
4 -502 of Article IV of the ULUR. The Director may waive or alter any of these
requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form
2. Supporting documents necessary to evaluate the proposed revision(s)
3. Written Statement of proposed amendment(s) which includes how the
requested amendment does not result in a substantial change defined
here:
Substantial Change. A change to and existing approved land use
resulting in one or more of the following:
1. A change in land use category.
2. A change in site design which increases
a. The number of dwelling units.
b. The maximum square footage of structures less than 10,000
sq. ft. over 100% and structures over 10,000 sq. ft. by 10 %,
if a maximum has been specified in a permit or approval.
c. Projected traffic such that a highway access permit or an
amendment to a highway access permit is required as a
result of the change.
d. The size of the land which is the subject of the permit or
approval
3. A change in land use which creates or increases the incompatibility of
the use.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
Julie Justus 01 /17/2011
(Signature of Property Owner) Date
GARFIELD COUNTY
BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ( "Board ") Resolution No.
98 -09, has established a fee structure ( "Base Fee ") for the processing of each type of
subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to
an application, multiplied by an hourly rate for the personnel involved. The Board
recognized that the subdivision and land use application processing time will vary and
that an applicant should pay for the total cost of the review which may require
additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of
the respective positions combined with an hourly overhead cost for the office will be
used to establish the actual cost of County staff time devoted to the review of a
particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has
been expended, the applicant will be billed based on actual staff hours accrued. Any
billing shall be paid in full prior to final consideration of any land use permit, zoning
amendment or subdivision plan. If an applicant has previously failed to pay application
fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with
each land use application, and made payable to the Garfield County Treasurer.
Applications will not be accepted without the required application fee. Base Fees are
non - refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include a Payment Agreement Form ( "Agreement ") set forth below.
The Agreement establishes the applicant as being responsible for payment of all costs
associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application in order for it to be
accepted.
The following Base Fees shall be received by the County at the time of submittal of
any procedural application to which such fees relate. Such Base Fees shall be in
addition to and exclusive of any cost for publication or cost of consulting service
determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not
otherwise been paid by the applicant to the County prior to final action upon the
application tendered to the County.
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GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION BASE FEE
Vacating Public Roads & Rights -of -Way $400
Sketch Plan $325
$675 + application agency
review fees and outside
Preliminary Plan / Conservation Subdivision consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
Preliminary Plan Amendment $325
Final Plat $200
Final Plat Amendment / Correction Plat $100
Combined Preliminary Plan and Final Plat $1,075
Minor Exemption / Amendment $300 / $300
Major Exemption / Amendment $400 / $300
Rural Land Development Option Exemption / Amendment $400 / $300
General Administrative Permit $250
Floodplain Development Permit $400
Pipeline Development Plan / Amendment $400 / $300
Small Temporary Employee Housing $50
Minor Temporary Employee Housing $250
Limited Impact Review / Amendment $400 / $300
Major Impact Review / Amendment $525 / $400
Rezoning: Text Amendment $300
Rezoning: Zone District Amendment $450
Planned Unit Development (PUD) / Amendment $500 / $300
Comprehensive Plan Amendment $450
Variance $250
1 nterpretation $250
Takings Determination NO FEE
Planning Staff Hourly Rate
■ Planning Director $50.50
• Senior Planner $40.50
• Planning Technician $33.75
• Secretary $30.00
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee $11 — 1St page
$10 each additional page
Page 2
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The following guidelines shall be used for the administration of the fee structure set
forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set
forth below.
2. County staff shall keep accurate record of actual time required for the processing
of each land use application, zoning amendment, or subdivision application. Any
additional billing will occur commensurate with the additional costs incurred by
the County as a result of having to take more time that that covered by the base
fee.
3. Any billings shall be paid prior to final consideration of any land use permit,
zoning amendment, or subdivision plan. All additional costs shall be paid to the
execution of the written resolution confirming action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be
recorded or issued until all fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist
them in the review of a land use permit, zoning amendment, or subdivision
application, such costs will be borne by the applicant and paid prior to the final
consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the
highest Base Fee listed above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly
rate based on the pertinent planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of
Additional Billings as required.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Chevron U.S.A. Inc.
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for Industrial Support Facility
Special Use Permit Amendment (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98 -09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
Julie Justus
01/17/2011
Signature Date
Julie Justus
Print Name
Mailing Address:
760 Horizon Drive
Grand Junction, CO 81506
Page 4
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes
this Statement of Authority on behalf of
a (corporation, limited liability
company, general partnership, registered limited liability
partnership, registered limited liability limited partnership,
limited partnership association, government agency, trust or
other), an entity other than an individual, capable of holding
title to real property (the "Entity "), and states as follows:
The name of the Entity is
and is formed under the laws of
The mailing address for the Entity is
The name and /or position of the person authorized to
execute instruments conveying, encumbering, or otherwise
affecting title to real property on behalf of the Entity is
The limitations upon the authority of the person named
above or holding the position described above to bind the Entity
are as follows:
(if no limitations, insert "None ")
Other matters concerning the manner in which the Entity
deals with any interest in real property are:
(if no other matter, leave this section blank)
EXECUTED this
STATE OF
COUNTY OF
day of , 20
Signature:
Name(typed or printed:
Title (if any):
)
)SS.
}
The foregoing instrument was acknowledged before me this day of
, 20 by , on behalf of
05/09
a
Witness my hand and official seal.
My commission expires:
[SEAL]
(Notary Public)
POWER OF ATTORNEY
CHEVRON U.S.A. INC.
KNOW ALL MEN BY THESE PRESENTS THAT CHEVRON U.S.A. INC., a
Pennsylvania corporation, ("CHEVRON "), acting herein through J. STEPIIEN LASTRAPES,
Assistant Secretary, hereunto duly authorized by Resolution of the Board of Directors, hereby
makes, constitutes, and appoints MICHAEL DeBERRY, to be its true and lawful Attorney -in-
Fact with authority, for and on its behalf, without the necessity of affixing the corporate seal, to
execute, acknowledge, deliver, file, record, accept, assign, amend, extend, terminate, withdraw,
release, settle, compromise, surrender, ratify, and renew all instruments, papers and documents
requiring execution in the name of CIIEVRON, except as herein below stated, and no authority is
conferred by this Power of Attorney for execution of the following:
1. Leases or deeds to others covering oil, gas or other hydrocarbon or non - hydrocarbon
minerals underlying fee lands of CHEVRON where either book value or sate price exceeds
Twenty-Five Million Dollars ($25,000,000.00) or the acreage exceeds Six Thousand Four
Hundred (6,400) acres;
2. Deeds or conveyances to others covering fee lands of CHEVRON, other than rights of way
and similar easements, where either book value or sale price exceeds Twenty -Five Million
Dollars ($25,000,000.00);
3. Documents, instruments or promissory notes in support of any borrowings; provided,
however, that promissory notes and other documents given as consideration for the
acquisition of real or personal property shall not be deemed to constitute a borrow ng;
4. Documents or agreements establishing bank accounts in the name of CHEVRON or
withdrawing of funds or closing of any bank accounts of CHEVRON.
This Power of Attorney shall remain in full force and effect from and after first day of
January, 2011 through the 31st day of December, 2011, and its exercise shall be valid in all the
states, territories and possessions of the United States.
IN WITNESS WHEREOF, CHEVRON has caused its name to be subscribed hereto by J.
STEPHEN LASTRAPES, Assistant Secretary, for that purpose duly authorized, this 31st day of
Decetnber, 2010.
CHEVRON U.S.A. INC.
By:
STATE OF TEXAS
COUNTY OP HARRIS
J. STEPHEN LASTRAPES
Assistant Secretary
This instrument was acknowledged before me on the 31st day of December, 2010, by J.
STEPHEN LASTRAPES, Assistant Secretary of CHEVRON U.S.A. INC., a Pennsylvania
corporation, an behalf of said corporation.
Notary Public, State of Texas
Chevron
Julie Justus
Regulatory Specialist
MidContinent/Alaska SSU
January 17, 2011
Mr. Fred Jarmin
Garfield County Planning Department
108 8th Street
Glenwood Springs, CO 81601
Chevron North America
Exploration and Production Company
(A Chevron U.S.A. Inc. Division)
760 Horizon Drive Suite 401
Grand Junction, Colorado 81506
Telephone: 970.257.6042
Email: jjustus @chevron.com
RECEWED
JAN 1 7 2011
BUILDING LB� COUNTY
PLANNING
Re: Request to seek Board of County Commission approval to extend the term of use —
Chevron Temporary Produced Water Management System.
Mr Jarmin:
Chevron U.S.A. Inc. ( "Chevron ") is seeking to amend its existing Temporary Produced Water
Management System Special Use Permit (Resolution 2009 -41, SUP 18908) to extend the term of
the permit to July of 2012 and to include annual review and approval to extend the term of use
until such time as the location can be permitted for longer use and/or the permanent Produced
Water Management Tank Facility can be commissioned for use. This proposal is made in the
interest of safe and continued produced water handling operations.
The Temporary Produced Water Management System is located in the central portion of the
Clear Creek Valley approximately 2.5 miles north northwest of the terminal end of County Road
211 and within the Chevron Piceance Basin Natural Gas Development area (See attached
Vicinity Maps). The facility occupies approximately 0.86 acres of an existing 3.4 acre well pad
which lies in portions of Tracts 110 and 111 of Parcels 2139 - 163 -00 -014 and 2137 - 321 -00 -008
within the Gentle Slopes and Lower Valley Floor (RLGS) sub - district of the Resource Lands
Zone District. The subject parcel and adjacent parcels have historically been used for cattle
grazing, mining and natural gas extraction as it is today.
The Temporary Produced Water Management System is constructed on a portion of the SKR-
598-35-BV well pad located in the SE1 /4NE1/4 of Section 35, Township 5 South, Range 98
West of the 6th P.M., in Garfield County, Colorado, and currently consists of ten (10) 500 barrel
(bbl) (21,000 gallon) frac tanks for produced water storage, fourteen (14) additional 500 bbl frac
tanks for emergency or upset overflow storage, and a pump and filter system to manage
produced water storage and disposal until such time as a permanent Water Management Tank
Facility could be designed, permitted, constructed, and commissioned for operation. The
installation and operation of the Temporary Produced Water Management System was approved
by the Garfield County Board of County Commissioners on June 15, 2009 (See attached
Resolution 2009 -41, SUP 18908).
A request to amend SUP 18908, specifically Condition #18 which states: "The Special Use
Permit for the Temporary Produced Water Management System shall expire 12 months from the
issuance of permit, subject to a review at that time to consider for extension of another 12
months" was granted by the Garfield County Board of County Commissioners on 04/30/2010
(LIPA 6595). Chevron respectfully requests a review of this condition by the Board of County
Commissioners and is seeking consideration of an extension for another 12 months for the
following reasons:
Chevron is currently in the process of seeking approval to construct a permanent Produced Water
Management Tank Facility (LIPA 6595), but due to current economic conditions and a lack of
confidence in the near -term natural gas market, MidContinent Alaska Business Unit has denied
funding for this project for and estimated 12 to 24 months. Consequently, Chevron will require
extended use of the temporary Produced Water Management facility until such time as the
existing location is approved for longer -term use and/or the permanent facility can be
commissioned.
The Temporary Produced Water Management System will require tank and technology upgrades
for use over the longer than anticipated term, and Chevron will seek approval to replace the
existing 500 bbl frac tanks with five (5) 1,000 bbl upright tanks that can be equipped with remote
monitoring and control technologies (i.e., SCADA). The modification to the site would be
provided to Garfield County under separate permit for approval..
The Temporary Produced Water Management System is designed for short -term use and would
be replaced by the permanent Produced Water Management Tank Facility at such time as all
permits and project funding are approved. Therefore, additional time is needed to ensure safe
and continuous produced water management until such time as the permanent facility can be
completed and operational.
Chevron does not anticipate any significant issues with produced water management at this time,
but is not willing to risk the potential for an unsafe operating condition and is therefore seeking
the permit extension to allow time to plan, design and permit tank upgrades at the temporary
location to ensure safe and incident -free produced water management.
Change to Existing Approved Land Use
Chevron offers the following to address the definition of Substantial Change as written in the
Garfield County Unified Land Use Resolution of 2007. Garfield County defines Substantial
Change as a change to an existing approved land use resulting in one or more of the following:
1. Is consistent with action(s) taken during previous Land Use Change Permit approval:
Chevron is seeking approval to extend the current permit limit for another 12 months to allow for
adequate time to design, permit, and install upright tanks at the SKR- 598 -35 -BV Temporary
Water Management System. No change to the existing facility, land use category, or method of
operation would occur as a result of the permit term extension. This permit extension proposal is
consistent with the purpose and intended use of the permitted facility and does not purport to
change the permitted land use.
2. Does not change the use category of the proposed development between residential,
commercial and industrial uses:
No change to use category is proposed in this application. The Temporary Water Management
System would continue to operate as an Industrial Use as per the original permit and amendment
(SUP 18908 as amended on 4/30/2010.).
3. Does not change the basic character of the approved use of land on which the activity
occurs, including basic visual appearance and method of operation:
An extension of the permit limit would not constitute a change to the character, visual
appearance or method of operation. The Temporary Water Management System would continue
to operate as permitted under Resolution 2009 -41, SUP 18908 as amended on 4/30/2010.
4. Does not constitute a new land development activity:
No new land development activity is proposed in this application. The Temporary Water
Management System would continue to operate as permitted under Resolution 2009 -41, SUP
18908 as amended on 4/30/2010.
5. Does not violate any Land Use Code standard:
The proposal to extend the permit limit does not violate any Land Use Code Standard. The
Temporary Water Management System would continue to operate as permitted under Resolution
2009 -41, SUP 18908 as amended on 4/30/2010.
6. Does not substantially increase off -site impacts (including but not limited to increased
traffic, water use, wastewater generation, etc.) in the surrounding neighborhood:
This proposal does not propose or constitute a change in site design or method of operation that
would increase the projected traffic or change to the access requirements. No drinking water or
wastewater is present or proposed at the site. The Temporary Water Management System would
continue to operate as permitted under Resolution 2009 -41, SUP 18908 as amended on
4/30/2010.
7. Does not substantially increase the need for on -site parking or utilities:
This proposal does not propose or constitute a change in site design or method of operation that
would increase the need for on -site parking or utilities. The Temporary Water Management
System would continue to operate as permitted under Resolution 2009 -41, SUP 18908 as
amended on 4/30/2010.
8. Does not increase the floor area of the use by more than five (5) percent or decrease the
open space on the site by more than five (5) percent:
No change to exiting facility is proposed in this application and no increase to size would occur
as a result of an extension to the permit term.
9. Does not endanger the public health, safety or welfare. (Resolution 2010 -30):
This proposal does not propose or constitute a change in site design or method of operation that
would endanger public health, safety or welfare. The Temporary Water Management System
would continue to operate as permitted under Resolution 2009 -41, SUP 18908 as amended on
4/30/201 0.
This proposal is consistent with the purpose and intended use of the permitted facility and is
compatible with the current and future uses allowed within the Resource Lands - Gentle Slope
zone district.
Impact Analysis of Amendment Proposal
The proposed permit extension would not increase the impacts to natural environment and would
provide the operational safety and environmental protection needed until a permanent Produced
Water Management Facility can be commissioned. This amendment proposal would not require
modification to existing secondary containment structures or increase the existing surface
disturbance. No traffic impacts are expected and no other nuisance would be introduced as a
result of this proposal.
Secondary Containment, SPCC, and Stormwater Management
The permitted secondary containment structure has been designed and constructed to ensure that
all harmful liquids are completely contained to prevent any soil contamination or transport of
contaminants offsite by natural forces. The existing Temporary Produced Water Management
System is constructed and operated in accordance with the Chevron Spill Prevention, Control,
and Countermeasures (SPCC) Plan and is designed and maintained in accordance with the
Chevron Skinner Ridge Stormwater Management Plan.
Traffic
Traffic in the area of the existing Temporary Produced Water Management System consists of
primarily Chevron employees and contractors, and there is very little public travel on the County
road leading to the Chevron Skinner Ridge field (County Road 211). Chevron maintains the
private portion of the Clear Creek Road and, in cooperation with the Garfield County Road and
Bridge Department, and assists with the maintenance of the County portion of this road. Frequent
watering and the application of Magnesium Chloride on both the public and private portions of
the road ensure that fugitive dust is kept at a minimum.
Flora and Fauna
No surface disturbance or vegetation removal is proposed in this request. The Temporary
Produced Water Management System is an existing permitted facility and no additional impacts
to flora or fauna is expected as a result of this proposal.
Nuisance
Visual: Distance and area topography isolates the existing Temporary Produced Water
Management System from the nearest residence and all other landowners in the neighboring
Roan Creek drainage. The remote location and mountainous terrain visually separates the site,
and most of the Chevron development, from residences in the vicinity of Roan and Clear Creeks.
This proposal would not contribute to an increase in visual impacts.
Noise: This proposal would not introduce a new source of noise or contribute to an increase in
noise generation at the existing facility. This area is classified as light industrial under the
Colorado Revised Statute 25 -12 -103, which has allowable noise levels of 70 decibels [db(A)]
from 7:00 AM to 7:00 PM and 65 db(A) from 7 :00 PM to 7 :00 AM. There are no public
receptors in the vicinity of the subject site and the potential for any noise to be heard outside the
facility boundary is minimal.
Vibration: This proposal to extend the permit term would not increase to vibration at the subject
location.
Smoke and Particulate Matter: This proposal would not contribute to the generation of smoke or
particulate matter. The area is sprayed with water as necessary to control fugitive dust.
Heat, Glare, Radiation and Fumes: This proposal would not contribute to emissions of heat,
glare, radiation, fumes, or odor.
Cultural Resources
Two Class III (pedestrian) surveys and one Class I Resource Inventory have been conducted in
the vicinity of the 598 -35 -BV well pad over a period of four years. The findings have all been
previously recorded and evaluated as officially not eligible for listing on the National Register of
Historic Places. No surface disturbance is proposed in this request and no impact to Cultural
Resources is expected as a result of this proposal.
Reclamation Plan
The Temporary Produced Water Management System occupies a portion of the existing SKR-
598-35-BV well pad and no surface disturbing activities are proposed in this proposal. The
Temporary Produced Water Management System would be in operation at this Iocation only
until such time as a permanent Produced Water Management Tank Facility could be made
operational.
When this Iocation is no longer required to support Chevron's produced water management and
disposal needs, all equipment would be removed and that portion of the location occupied by the
Temporary Produced Water Management System would be utilized, along with the rest of the
location, as a centralized frac pad or may be drilled at some time in the future. The pumps and
filters would be reused and relocated to the permanent Water Management Tank Facility if
possible. All tanks would be removed from the site and either hauled offsite or reused at another
location. Interim reclamation measures have already been implemented on the existing SKR-
598-35-BV well pad, and all soil piles and slopes have been seeded for stabilization.
Stormwater and erosion controls are currently in place and are monitored at regularly scheduled
intervals per Chevron's Stormwater Management Plan. The site is monitored regularly for
noxious weeds and the application of herbicides and/or other methods of weed control are used
as necessary on and around the existing site. Final reclamation would occur at the end of the
productive life of the SKR- 598 -35-BV well pad in accordance with Colorado Oil and Gas
Conservation Commission 1 000 Series Rules, Reclamation Regulations.
The proposal to extend the term of use of the existing Temporary Produced Water Management
System would comply with all applicable standards set forth in the Garfield County Unified
Land Use Resolution Article VII, Divisions 1, 2 and 3 and Division 8 §7 -810, Additional
Standards Applicable to Industrial Use.
Sincerely,
Julie A. Justus
Regulatory, Health & Environment Specialist
Chevron U.S.A. Inc.
Chevron
1%0
January 17, 2011
Mr. Fred Jarmin
Garfield County Planning Department
108 8t' Street
Glenwood Springs, CO 81601
Julie Justus
Regulatory Specialist
MidContinent/Alaska SBU
Chevron North America
Exploration and Production Company
(A Chevron U.S.A. Inc. Division)
760 Horizon Drive Suite 401
Grand Junction, Colorado 81506
Telephone: 970.257.6042
Email: jjustus @chevron.com
RECEIVED
JAN 172011
BUILDING � PLANNING
!NG
Re: Request to seek Board of County Commission approval to extend the term of use —
Chevron Temporary Produced Water Management System.
Mr Jarmin:
Chevron U.S.A. Inc. ( "Chevron ") is seeking to amend its existing Temporary Produced Water
Management System Special Use Permit (Resolution 2009 -41, SUP 18908) to extend the term of
the permit to July of 2012 and to include annual review and approval to extend the term of use
until such time as the location can be permitted for longer use and/or the permanent Produced
Water Management Tank Facility can be commissioned for use. This proposal is made in the
interest of safe and continued produced water handling operations.
The Temporary Produced Water Management System is Located in the central portion of the
Clear Creek Valley approximately 2.5 miles north northwest of the terminal end of County Road
211 and within the Chevron Piceance Basin Natural Gas Development area (See attached
Vicinity Maps). The facility occupies approximately 0.86 acres of an existing 3.4 acre well pad
which lies in portions of Tracts 110 and 111 of Parcels 2139 - 163 -00 -014 and 2137- 321 -00 -008
within the Gentle Slopes and Lower Valley Floor (RLGS) sub - district of the Resource Lands
Zone District. The subject parcel and adjacent parcels have historically been used for cattle
grazing, mining and natural gas extraction as it is today.
The Temporary Produced Water Management System is constructed on a portion of the SKR-
598-35-BV well pad located in the SE1 /4NE1/4 of Section 35, Township 5 South, Range 98
West of the 6th P.M., in Garfield County, Colorado, and currently consists of ten (10) 500 barrel
(bbl) (21,000 gallon) frac tanks for produced water storage, fourteen (14) additional 500 bbl frac
tanks for emergency or upset overflow storage, and a pump and filter system to manage
produced water storage and disposal until such time as a permanent Water Management Tank
Facility could be designed, permitted, constructed, and commissioned for operation. The
installation and operation of the Temporary Produced Water Management System was approved
by the Garfield County Board of County Commissioners on June 15, 2009 (See attached
Resolution 2009 -41, SUP 18908).
A request to amend SUP 18908, specifically Condition #18 which states: "The Special Use
Permit for the Temporary Produced Water Management System shall expire 12 months from the
issuance of permit, subject to a review at that time to consider for extension of another 12
months" was granted by the Garfield County Board of County Commissioners on 04/30/2010
(LIPA 6595). Chevron respectfully requests a review of this condition by the Board of County
Commissioners and is seeking consideration of an extension for another 12 months for the
following reasons:
Chevron is currently in the process of seeking approval to construct a permanent Produced Water
Management Tank Facility (L1PA 6595), but due to current economic conditions and a lack of
confidence in the near -term natural gas market, MidContinent Alaska Business Unit has denied
funding for this project for and estimated 12 to 24 months. Consequently, Chevron will require
extended use of the temporary Produced Water Management facility until such time as the
existing location is approved for longer -term use and/or the permanent facility can be
commissioned.
The Temporary Produced Water Management System will require tank and technology upgrades
for use over the longer than anticipated term, and Chevron will seek approval to replace the
existing 500 bbl frac tanks with five {5) 1,000 bbl upright tanks that can be equipped with remote
monitoring and control technologies (i.e., SCADA). The modification to the site would be
provided to Garfield County under separate permit for approval.
The Temporary Produced Water Management System is designed for short-term use and would
be replaced by the permanent Produced Water Management Tank Facility at such time as all
permits and project funding are approved. Therefore, additional time is needed to ensure safe
and continuous produced water management until such time as the permanent facility can be
completed and operational.
Chevron does not anticipate any significant issues with produced water management at this time,
but is not willing to risk the potential for an unsafe operating condition and is therefore seeking
the permit extension to allow time to plan, design and permit tank upgrades at the temporary
location to ensure safe and incident -free produced water management.
Change to Existing Approved Land Use
Chevron offers the following to address the definition of Substantial Change as written in the
Garfield County Unified Land Use Resolution of 2007. Garfield County defines Substantial
Change as a change to an existing approved land use resulting in one or more of the following:
1. Is consistent with action(s) taken during previous Land Use Change Permit approval:
Chevron is seeking approval to extend the current permit limit for another 12 months to allow for
adequate time to design, permit, and install upright tanks at the SKR- 598 -35 -BV Temporary
Water Management System. No change to the existing facility, land use category, or method of
operation would occur as a result of the permit term extension. This permit extension proposal is
consistent with the purpose and intended use of the permitted facility and does not purport to
change the permitted land use.
2. Does not change the use category of the proposed development between residential,
commercial and industrial uses:
No change to use category is proposed in this application. The Temporary Water Management
System would continue to operate as an Industrial Use as per the original permit and amendment
(SUP 18908 as amended on 4/30/2010.).
3. Does not change the basic character of the approved use of land on which the activity
occurs, including basic visual appearance and method of operation:
An extension of the permit limit would not constitute a change to the character, visual
appearance or method of operation. The Temporary Water Management System would continue
to operate as permitted under Resolution 2009 -41, SUP 18908 as amended on 4/30/2010.
4. Does not constitute a new land development activity:
No new land development activity is proposed in this application. The Temporary Water
Management System would continue to operate as permitted under Resolution 2009 -41, SUP
18908 as amended on 4/30/2010.
5. Does not violate any Land Use Code standard:
The proposal to extend the permit limit does not violate any Land Use Code Standard. The
Temporary Water Management System would continue to operate as permitted under Resolution
2009 -41, SUP 18908 as amended on 4/30/2010.
6. Does not substantially increase off -site impacts (including but not limited to increased
traffic, water use, wastewater generation, etc.) in the surrounding neighborhood:
This proposal does not propose or constitute a change in site design or method of operation that
would increase the projected traffic or change to the access requirements. No drinking water or
wastewater is present or proposed at the site. The Temporary Water Management System would
continue to operate as permitted under Resolution 2009 -41, SUP 18908 as amended on
4/30/2010.
7. Does not substantially increase the need for on -site parking or utilities:
This proposal does not propose or constitute a change in site design or method of operation that
would increase the need for on -site parking or utilities. The Temporary Water Management
System would continue to operate as permitted under Resolution 2009 -41, SUP 18908 as
amended on 4/30/2010.
8. Does not increase the floor area of the use by more than five (5) percent or decrease the
open space on the site by more than five (5) percent:
No change to exiting facility is proposed in this application and no increase to size would occur
as a result of an extension to the permit term.
9. Does not endanger the public health, safety or welfare. (Resolution 2010 -30):
This proposal does not propose or constitute a change in site design or method of operation that
would endanger public health, safety or welfare. The Temporary Water Management System
would continue to operate as permitted under Resolution 2009 -41, SUP 18908 as amended on
4/30/2010.
This proposal is consistent with the purpose and intended use of the permitted facility and is
compatible with the current and future uses allowed within the Resource Lands-Gentle Slope
zone district.
Impact Analysis of Amendment Proposal
The proposed permit extension would not increase the impacts to natural environment and would
provide the operational safety and environmental protection needed until a permanent Produced
Water Management Facility can be commissioned. This amendment proposal would not require
modification to existing secondary containment structures or increase the existing surface
disturbance. No traffic impacts are expected and no other nuisance would be introduced as a
result of this proposal.
Secondary Containment, SPCC, and Stormwater Management
The permitted secondary containment structure has been designed and constructed to ensure that
all harmful liquids are completely contained to prevent any soil contamination or transport of
contaminants offsite by natural forces. The existing Temporary Produced Water Management
System is constructed and operated in accordance with the Chevron Spill Prevention, Control,
and Countermeasures (SPCC) Plan and is designed and maintained in accordance with the
Chevron Skinner Ridge Stormwater Management Plan.
Traffic
Traffic in the area of the existing Temporary Produced Water Management System consists of
primarily Chevron employees and contractors, and there is very little public travel on the County
road leading to the Chevron Skinner Ridge field (County Road 211). Chevron maintains the
private portion of the Clear Creek Road and, in cooperation with the Garfield County Road and
Bridge Department, and assists with the maintenance of the County portion of this road. Frequent
watering and the application of Magnesium Chloride on both the public and private portions of
the road ensure that fugitive dust is kept at a minimum.
Flora and Fauna
No surface disturbance or vegetation removal is proposed in this request. The Temporary
Produced Water Management System is an existing permitted facility and no additional impacts
to flora or fauna is expected as a result of this proposal.
Nuisance
Visual: Distance and area topography isolates the existing Temporary Produced Water
Management System from the nearest residence and all other landowners in the neighboring
Roan Creek drainage. The remote location and mountainous terrain visually separates the site,
and most of the Chevron development, from residences in the vicinity of Roan and Clear Creeks.
This proposal would not contribute to an increase in visual impacts.
Noise: This proposal would not introduce a new source of noise or contribute to an increase in
noise generation at the existing facility. This area is classified as light industrial under the
Colorado Revised Statute 25 -12 -103, which has allowable noise levels of 70 decibels [db(A)1
from 7:00 AM to 7:00 PM and 65 db(A) from 7:00 PM to 7:00 AM. There are no public
receptors in the vicinity of the subject site and the potential for any noise to be heard outside the
facility boundary is minimal.
Vibration: This proposal to extend the permit term would not increase to vibration at the subject
location.
Smoke and Particulate Matter: This proposal would not contribute to the generation of smoke or
particulate matter. The area is sprayed with water as necessary to control fugitive dust.
Heat, Glare, Radiation and Fumes: This proposal would not contribute to emissions of heat,
glare, radiation, fumes, or odor.
Cultural Resources
Two Class II1 (pedestrian) surveys and one Class 1 Resource Inventory have been conducted in
the vicinity of the 598 -35 -BV well pad over a period of four years. The findings have all been
previously recorded and evaluated as officially not eligible for listing on the National Register of
Historic Places. No surface disturbance is proposed in this request and no impact to Cultural
Resources is expected as a result of this proposal.
Reclamation Plan
The Temporary Produced Water Management System occupies a portion of the existing SKR-
598-35-BV well pad and no surface disturbing activities are proposed in this proposal. The
Temporary Produced Water Management System would be in operation at this location only
until such time as a permanent Produced Water Management Tank Facility could be made
operational.
When this location is no longer required to support Chevron's produced water management and
disposal needs, all equipment would be removed and that portion of the location occupied by the
Temporary Produced Water Management System would be utilized, along with the rest of the
location, as a centralized frac pad or may be drilled at some time in the future. The pumps and
filters would be reused and relocated to the permanent Water Management Tank Facility if
possible. All tanks would be removed from the site and either hauled offsite or reused at another
location. Interim reclamation measures have already been implemented on the existing SKR-
598-35-BV well pad, and all soil piles and slopes have been seeded for stabilization.
Stormwater and erosion controls are currently in place and are monitored at regularly scheduled
intervals per Chevron's Stormwater Management Plan. The site is monitored regularly for
noxious weeds and the application of herbicides and/or other methods of weed control are used
as necessary on and around the existing site. Final reclamation would occur at the end of the
productive life of the SKR- 598 -35 -BV well pad in accordance with Colorado Oil and Gas
Conservation Commission 1000 Series Rules, Reclamation Regulations.
The proposal to extend the term of use of the existing Temporary Produced Water Management
System would comply with all applicable standards set forth in the Garfield County Unified
Land Use Resolution Article VII, Divisions 1, 2 and 3 and Division 8 §7 -810, Additional
Standards Applicable to Industrial Use.
Sincerely,
Julie A. Justus
Regulatory, Health & Environment Specialist
Chevron U.S.A. Inc.
111J1 `l1'i!'in e111Id '. "i 1111
Reception #: 785634
05/06/2010 11:37:15 05 Jean Alberico
1 of 2 Rec Fee:$0.00 Poo Fee:0.00 GARFIELD COUNTY CO
LAND USE CHANGE PERMIT
For
Chevron USA, Inc. to amend approval conditions 13
and 18 of Resolution 2009 -41 for approvals granted to
allow a Temporary Produced Water Management
System on Well Pad 35 -BV located north of the
terminus of CR 211, Clear Creek Road, in the SE/4
NE/4 Section 35, Township 5 South, Range 98West of
the 6th P.M., Garfield County
Parcel Nurnbers:2139- 163 -00 -014
2137- 321 -00 -008
In accordance with and pursuant to the provisions of the Garfield County Unified
Land Use Resolution of 2008, as amended, the Director hereby authorizes the
following amendment to the approval granted for a Temporary Produced Water
Management System via Resolution 2009 -41;
APPROVAL TO EXTEND THE PERMIT TERM FOR A PERIOD OF TWELVE (12)
MONTHS, WITH A REVISED EXPIRATION DATE OF JULY 7, 2011;
AND
PERMITTING FOURTEEN (14) ADDITIONAL FRAC TANKS TO BE STORED ON
35 -BV WELL PAD AS SHOWN OF THE ATTACHED SITE PLAN , EXHIBIT A.
ALL OTHER CONDITIONS OF APPROVAL CONTAINED WITHIN RESOLUTION
2009 -41 WILL REMAIN IN FULL FORCE AND EFFECT.
This Land Use Change Permit is issued subject to the original conditions set forth
in Resolution 2007 -61 and all other applicable provisions of the Garfield County
Unified Land Use Resolution of 2008, as amended, Building Code, and other
regulations of the Board of County Commissioners of Garfield County, Colorado.
This Land Use Change Permit is issued under the authority granted to the
Director of Building and Planning under Section 4-107 of the Unified Land Use
Resolution of 2008, as amended.
4:1111PAL
Fred A. Jarman, Al P
Director of Building -nd Planning
Garfield County File Number S0AA6386
Date
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R'ecept sonl1 779880
97/07(2909 12;19;07 PM Jean Albarico
1 of 1 Rec Fee:$0.00 Ooc Fae:O.00 GARFIELD COUNTY CO
SPECIAL USE PERMIT
for
Chevron USA, Incorporated
on
Well Pad 35 -BV located in the SE1/il W1/
of Section 36, TSS, R98 West of the 6 PM.
in Garfield County, Colorado.
In accordance with and pursuant to the provisions of the Garfield Counry Zoning
Resolution of 1978, as amended, and Resolution No. 2009 -41 of the Board of County
Commissioners of Garfield County, State of Colorado, hereby authorizes,
by Special Use Permit (SUP 18908), the following activity:
Installation / Operation of a Temporary Produced Water
Management System located an the 35 -13V Well Pad
on .86 acres of an approximately 54,000 -acre tract owned by
Chevron USA, Incorporated, further described as
Parcels # 2137- 321 -00 -008 and 2137- 163 -00 -014
The Special Use Permit is issued subject to the conditions set forth in the above- mentioned
resolution, and shall be valid only during compliance with such conditions and other
applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations,
Building Code, and other regulations of the Board of County Commissioners of Garfield
County, Colorado.
ATTEST: `• ;'�
SEAL 1
wwrw�'wa o.1 t'��i .
r
Ierk of the Board
C•ttt-
GARFIELD COUNTY BOARD OF
COMMISSI• • RS, GARFIELD
COUNTY RADO
Chai an
1911M Iifi ONONWCIMIV'CI VAA IIR
Rec'.aiion #: 759619
U611u'f2009 11:37:13 AM Jean Alberto°
S of 5 Rec Fee :$6.O0 One 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 Plaza Building, in
Glenwood Springs on Monday, the 13th day of April, 2009, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tresi Haupt , Commissioner
on DeFord , County Attorney
Jean Alberico , Clerk of the Board
Ed Green (absentl , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2009- 41
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR THE INSTALLATION / OPERATION OF THE CHEVRON USA
TEMPORARY PRODUCED WATER MANAGEMENT SYSTEM LOCATED ON .86
ACRES OF A 54,000 -ACRE PARCEL OWNED BY CHEVRON USA, INC.,
LOCATED IN THE SEl /d SW'/ OF SECTION 36, T5S, R98W OF THE 6TH P.M.
IN GARFIELD COUNTY,
PARCELS # 2137-321-00-008 and # 2137- 163-00 -014
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners (Board) is authorized to act.
B. On the 2 "a day of January, 1979, the Board adopted Resolution 79 -01 concerning a
Zoning Resolution for the County of Garfield, State of Colorado.
C. Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, an application for a
Special Use Permit shall be approved or denied by the Board of County Commissioners after
holding a public hearing thereon in conformance with all the provisions of the Zoning
Resolution.
D. The Board held a public hearing on the 13th day of April, 2009, upon the
question of whether the above- described Special Use Permit should be granted or denied,
Bill
ReccOtionit : 76969
06116(2049 11;37:13 AM Jean RIberico
2 of 5 Reo Fee:$0.00 Doc Fee :0.00 GARFIELD COUNTY CO
at which hearing the public and interested persons were given the opportunity to express
their opinions regarding the special use permit.
E. The Board of County Commissioners closed the public hearing on April 13th,
2009, and acted on the basis of substantial competent evidence produced at the
aforementioned hearing.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Barfield County, Colorado, that the Special Use Permit is approved
based on the following findings:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. Proper public notice via publication pursuant to Section 9.03.04 of the Zoning
Resolution of 1978, as amended, was provided as required by law for the hearing
before the Board of County Commissioners.
C. An application for a special use permit was made consistent with the requirements
of Section 5.03 of the Garfield County Zoning Resolution of 1978, as amended.
D. The public hearing before the Board of County Commissioners was extensive and
complete; all pertinent facts, matters and issues were submitted; and all interested
parties were heard at that hearing.
E. The proposed Special Use Permit is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated areas of the County.
F. The proposed Special Use Permit is in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
G. The Special Use Permit for the Temporary Produced Water Management System
proposed by Chevron USA, Inc., shall require that the following conditions be
satisfied:
1. That all representations of the Applicant, either within the application or
stated at the hearing before the Hoard of County Commissioners, shall be
considered conditions of approval unless explicitly altered by the Board.
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. That the Applicant shall comply with the fire protection . provisions included in
the rules and regulations of the Colorado Oil and Gas Conservation
11111 a°rAiraWfir 4 M r, k#D, NV1O :f 'r,10 "k Will
Reception1: 769619
G8I16(2009 ii:37:i3 AM Jean Afberioo
3 of S Rep Fee:S0.00 Doc Fee;0.00 GARFIELD COUNTY CO
Commission (COGCC) and the International Fire Code as the Code pertains
to the operation of this facility.
4. Vibration generated: the Temporary Produced Water Treatment 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 Temporary Produced Water
Treatment 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 Temporary Produced Water
Treatment System shall be so operated that it does not emit heat, glare,
radiation or furries 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.
8. No storage of heavy equipment or materials is permitted after the construction
period.
9, No human habitation of this site is allowed at any time.
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 plan that includes adequate
design for the spill containment basin for the produced water tanks on site
shall be provided to the Garfield County Project Engineer.
13. A maximum of ten (10) frac tanks may be installed on the site under this
Special Use Permit.
14. Prior to the issuance of the Special Use Permit, a reclamation security of
$2500 per acre shall be submitted for the .86 -acre site disturbance, as per the
Garfield County Vegetation Manager. lithe use as a water treatment system is
ended, reclamation shall be initiated within 60 days and meet the requirements
111FIKIN Uffir 1Aril ibinlgg1 litt19 011 11 1 II
Recept.ionl3: 769619
06J1612009 11:37:13 AM Jean Alberico
4 of S Rao Fee:$0.00 Doc Faa:0.60 GARFIELD COUNTY CO
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 42002 -94).
15. Dust mitigation on the sites and access roads must be performed to prevent
fugitive dust.
16. Prior to issuance of the Special Use Permit, written confirmation by a certified
wildlife biologist shall be provided to the Garfield County Planning
Department to ensure that no active nest sites are within a distance considered
by the Colorado Division of Wildlife (chart, page 19 of the Biologic Survey
section) to be adversely affected by human activity.
17. Bear -proof refuse containers shall be required on the site.
18. The Special Use Permit for the Temporary Produced Water Management
System shall expire 12 months from the issuance of permit, subject to a
review at that time to consider for extension of another I2 months.
Dated this IS— . day of A.D, 2009.
ATTEST:
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARP . COUNTY,
COL
C of the Board
Upon motion duly made and seconded the foreg
the following vote:
John Martin
Mike Samson
Tresi Houpt
STATE OF COLORADO
)ss
County of Garfield
ye
, Aye
®Ifl II: it hiNrChrii,101" 0 lril 1111
Reception#t: 769619
436115;20139 11;37:13 AM Jean Aiberico
5 of 5 Re0 Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO
County Clerk and ex- officio Clerk of the
Board of County Commissioners in and for the County and State aforesaid do hereby
certify that the annexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the Board of County Commissioners for said Garfield County, now in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this day of , A.D. 2009
County Clerk and ex- officio Clerk of the Board of County Commissioners
Chevron
PICEANCE BASIN DEVELOPMENT
WORK PACKAGE # 303C
WATER DISPOSAL SYSTEM 35 -BVW
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GARFIEL.rD COUNTY COLORADO
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VICINITY MAP
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SYSTEM 35 -IIVW
WORK PACKAGE 303C
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CLEAR CREEK
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COUNTY ROAD 211
CLEAR CREEK ROAD
41.
SITE LOCATION
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PICEANCE BASIN DEVELOPMENT
WATER DISPOSAL SYSTEM 35.SVW
_ _COVER SHEET
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STATE OF COLORADO
COLORADO DEPARTMENT OF PUBLIC HEAI.T11 AND ENVIRONMENT
AIR POLLUTION CONTROL DIVISION
TELEPI ION I :: (303)692-3150
CONSTRUCTION PERMIT
PERMIT NO:
1 OGA1045
Issuance 1
DATE ISSUED: JULY 2, 2010 ++
ISSUED TO: Chevron USA, Inc.
THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Natural gas exploration and production site, known as Skinner Ridge 35BV, located in the
SENE of Section 35, Township 5 South, Range 98 West, in Garfield County, Colorado,
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
Facility
Equipment
ID
35BV
Produced
Water
Tanks
AIRS
Point
001
Description
Twenty-four (24) 500 BBL fixed roof storage tanks used to
store produced water. Emissions from these tanks are not
controlled.
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR
QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND
CONTROL ACT C.R.S. (25 -7 -101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED
IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
REQUIREMENTS TO SELF- CERTIFY FOR FINAL AUTHORIZATION
1 This construction permit represents final permit approval and authority to operate this
emissions source (Regulation 3, Part B, Section III.G.5).
EMISSION LIMITATIONS AND RECORDS
Emissions of air potlutants shall not exceed the following limitations (as calculated in the
Division's preliminary analysis). (Reference: Regulation No. 3, Part B, Section II.A.4)
Annual Limits:
Facility
Equipment ID
AIRS
Point
Tons per Year
Emission Type
NO,
VOC
CO
35BV Produced
Water Tanks
001
9.91
Point
See "Notes to Permit Holder #4 ' for information on emission factors and methods used to calculate
limits.
AIRS ID: 045/1892/001
Page 1 of 6
Produced Water Tank Version 2010 -1
Chevron USA, Inc.
Permit No. 10GA1045
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
Annual records of the actual emission rates shall be maintained by the applicant and made
available to the Division for inspection upon request.
PROCESS LIMITATIONS AND RECORDS
3. This source shall be limited to the following throughput rate as listed below. Annual records
of the actual produced water throughput shall be maintained by the applicant and made
available to the Division for inspection upon request. (Reference: Regulation 3, Part B,
II.A.4)
ProcesslConsumption Limits
Facility Equipment ID
35BV Produced
Water Tanks
AIRS Process Parameter
Point
Annual Limit
001 1 Produced water throughput
1,460,000 BBL /yr
4. Records shall be kept in either an electronic file or hard copy provided that they can be
promptly supplied to the Division upon request. All records shall be retained for a
consecutive period of three years.
STATE AND FEDERAL REGULATORY REQUIREMENTS
5, Visible emissions shall not exceed twenty percent (20 %) opacity during normal operation of
the source. During periods of startup, process modification, or adjustment of control
equipment visible emissions shall not exceed 30% opacity for more than six minutes in any
sixty consecutive minutes. (Reference: Regulation No. 1, Section II.A.1. & 4.)
6. This source is subject to the odor requirements of Regulation No. 2. (State only enforceable)
OPERATING & MAINTENANCE REQUIREMENTS
No compliance requirements under this section.
COMPLIANCE TESTING
No compliance requirements under this section.
ADDITIONAL REQUIREMENTS
7. The permit number and AIRS ID number shall be marked on the subject equipment for ease
of identification. (Reference: Regulation Number 3, Part B, III.E.) (State only enforceable).
A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3,
Part A, II.C)
a. Annually whenever a significant increase in emissions occurs as follows:
For any criteria pollutant:
For sources emitting Tess than 100 tons per year, a change in actual emissions of
five (5) tons per year or more, above the level reported on the last APEN: or
AIRS ID: 045/1892/001
Page 2 of 6
orni
Chevron USA, Inc.
Permit No. 10GA1045
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
For any non - criteria reportable pollutant:
If the emissions increase by 50% or five (5) tons per year, whichever is less, above
the level reported on the last APEN submitted to the Division.
b. Whenever there is a change in the owner or operator of any facility, process, or
activity; or
c. Whenever new control equipment is installed, or whenever a different type of control
equipment replaces an existing type of control equipment; or
d. Whenever a permit limitation must be modified; or
e. No later than 30 days before the existing APEN expires.
GENERAL TERMS AND CONDITIONS
9. This permit and any attachments must be retained and made available for inspection upon
request. The permit may be reissued to a new owner by the APCD as provided in AQCC
Regulation No. 3, Part B, Section II.B upon a request for transfer of ownership and the
submittal of a revised APEN and the required fee.
If this permit specifically states that final authorization has been granted, then the remainder
of this condition is not applicable. Otherwise, the issuance of this construction permit does
not provide "final" authority for this activity or operation of this source. Final authorization of
the permit must be secured from the APCD in writing in accordance with the provisions of
25- 7- 114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section III.G. Final
authorization cannot be granted until the operation or activity commences and has been
verified by the APCD as conforming in all respects with the conditions of the permit. Once
self - certification of ail points has been reviewed and approved by the Division, it will provide
written documentation of such final authorization. Details for obtaining final authorization
to operate are located in the Requirements to Self- Certify for Final Authorization
section of this permit.
11 This permit is issued in reliance upon the accuracy and completeness of information
supplied by the applicant and is conditioned upon conduct of the activity, or construction,
installation and operation of the source, in accordance with this information and with
representations made by the applicant or applicant's agents. It is valid only for the
equipment and operations or activity specifically identified on the permit.
12 Unless specifically stated otherwise, the general and specific conditions contained in this
permit have been determined by the APCD to be necessary to assure compliance with the
provisions of Section 25- 7- 114.5(7)(a), C.R.S.
13. Each and every condition of this permit is a material part hereof and is not severable. Any
challenge to or appeal of a condition hereof shall constitute a rejection of the entire permit
and upon such occurrence, this permit shall be deemed denied ab iniiio. This permit may be
revoked at any time prior to self- certification and final authorization by the Air Pollution
Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and
regulations of the Air Quality Control Commission (AQCC), including failure to meet any
express term or condition of the permit. If the Division denies a permit, conditions imposed
upon a permit are contested by the applicant, or the Division revokes a permit, the applicant
or owner or operator of a source may request a hearing before the AQCC for review of the
Division's action.
AIRS ID 045/1892/001 Page 3 of 6
Chevron USA. Inc.
Permit No. 10GA1045
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
14. Section 25- 7- 114.7(2)(a), C.R.S. requires that all sources required to fife an Air Pollution
Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and
administration. If a source or activity is to be discontinued, the owner must notify the
Division in writing requesting a cancellation of the permit. Upon notification, annual fee
billing will terminate.
15. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention
and Control Act or the regulations of the AC/CC may result in administrative, civil or criminal
enforcement actions under Sections 25 -7 -115 (enforcement), -121 (injunctions), -122 (civil
penalties), -122.1 (criminal penalties). C.R.S.
By:
t
Ste•hanie Chaousy, P,E('J
Permit Engineer
Air Pollution Control Division
Permit Histo
Issuance
Date
Description
Issuance 1
This Issuance
Previously exempt produced water tank batteries
now permit- required. True minor source at a true
minor facility.
AIRS ID: 045/1892/001 Page 4 of 6
tor Chevron USA, Inc.
Permit No. 10GA1045
Issuance 1
1
r
Notes to Permit Holder:
Colorado Department of Public Health and Environment
Air Pollution Control Division
1) The production or raw material processing limits and emission limits contained in this permit are based on
the consumption rates requested in the perrnit application. These limits may be revised upon request of
the permittee providing there is no exceedance of any specific emission control regulation or any ambient
air quality standard. A revised air pollution emission notice (APEN) and application form must be
submitted with a request for a permit revision.
2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense
Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any
malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon
as possible, but no later than noon of the next working day, followed by written notice to the Division
addressing all of the criteria set forth in Part II.E.1 of the Common Provisions Regulation. See:
http:llwww.cdphe. state. co. uslrequlations/ airregsl100102agcccommonprovisionsreq. pdf.
3) The following emissions of non - criteria reportable air pollutants are estimated based upon the process
limits as indicated in this permit. This information is listed to inform the operator of the Division's analysis
of the specific compounds emitted if the source(s) operate at the permitted limitations.
AIRS
Point
Pollutant
CAS #
BIN
Uncontrolled
Emission
Rate
(Iblyr)
5232
Are the
emissions
reportable?
Yes
Controlled
Emission
Rate (Iblyr)
001
Benzene
71432
A
5232
Toluene
108883
C
2256
Yes
2256
n- Hexane
110543
C
48
No
48
Ethylbenzene
100414
C
432
No
432
Xylenes
1330207
C
624
No
624
4) The emission levels contained in this permit are based on the following emission factors:
Points 001:
CAS #
Pollutant
Emission Factors
Uncontrolled
Ib /BBL Produced
Water Throughput
0.014
Emission Factors
Controlled
IbIBBL Produced
Water Throughput
0.014
Source
Site- Specific using
E &P tanks
VOC
110543
n- Hexane
0,004
0.004
Site - Specific using
E &P tanks
71432
Benzene
0.002
0.002
Site Specific using
E &P tanks
108883
Toluene
0.00003
0.00003
Site- Specific using
E &P tanks
100414
Ethylbenzene
0.0003
0.0003
Site -Specific using
E &P tanks
1330207
Xylenes
0.0004
0.0004
.
Site Specific using
E &P tanks
AIRS ID: 045/1892/001
Page 5 of 6
Chevron USA, Inc.
Permit No. 10GA1045
issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
5) In accordance with C.R.S. 25- 7- 114.1. the Air Pollutant Ernnission Notice (APEN) associated with this
permit is valid for a term of five years. The five -year term for this APEN expires on March 3, 2015 A
revised APEN shall be submitted no later than 30 days before the five -year term expires.
6) This facility is classified as follows:
Applicable
Requirement
Status
Operating Permit
True Minor Source
PSD
True Minor Source
MACT HH
Area Source Requirements: Not Applicable
7) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be found at
the website listed below:
h U.p _ / /ec fr. upo_ccess.govl
Part 60: Standards of Performance for New Stationary Sources
NSPS
60.1 -End
Subpart A -- Subpart KKKK
NSPS
Part 60, Appendixes
Appendix A — Appendix I
Part 63: National Emission Standards for Hazardous Air Pollutants for Source Categories
MACT
63.1 - 63.599
Subpart A — Subpart Z
MACT
63.600 - 63.1199
Subpart AA -- Subpart DDD
MACT
63.1200 - 63.1439
Subpart EEE — Subpart PPP
MACT
63.1440 - 63.6175
Subpart QQQ — Subpart YYYY
MACT
63.6580 - 63.8830
Subpart ZZZZ — Subpart MMMMM
MACT
63.8980 -End
Subpart NNNNN — Subpart XXXXXX
AIRS ID: 045/18921001 Page 6 of 6