The URL can be used to link to this page

Home My WebLink About1.0 Application.pdfGarfield County Special Use Permit Application Tepee Park Ranch Exploration Project Garfield County, Colorado Prepared tor: Garfield County Building and Planning Department 108 EJh Street, Suite 401 Glenwood Springs, Colorado 81601 Prepared by: Black Diamond Energy, LLC 1600 Stout Street, Suite 1350 Denver, Colorado 80202 and Tetra Tech 4900 Pearl East Circle, Suite 300W Boulder, Colorado 80301 Tetra Tech Project No. 010413 March 2008 Special Use Perrnit Application Garfield County Building and Planning Oepartnient TABLE OF CONTENTS 1.0 INTRODUCTION .................................................................................................................. 1 2.0 GENERAL PROJECT DESCRIPTION .................................................................................. 2 3.0 SPECIFIC DESCRIPTION OF SHALE BORROW PIT ......................................................... 3 4.0 WATER USE AND TREATMENT ......................................................................................... 4 5.0 ASSESSOR'S MAP .............................................................................................................. 5 6.0 SECTION 5.03 RESPONSES ............................................................................................... 6 7.0 SECTION 5.03.07 AND 5.03.08 RESPONSES ..................................................................... 7 Attachment 1 -Application Form Attachment 2 -Engineering Diagrams Attachment 3 -County Assessor's Map Attachment 4 -Deed and Legal Description Attachment 5 -Plans for Water Management Attachment 6 -Rehabilitation Plan Attachment 7 -Noise Study Figure 1 -Base Map Figure 2 -Tepee Park Ranch Site Figure 3 -Vicinity Map with Topography /'' Tetra Tech / / /l (/ ___ /. I February 2008 LIST OF ATTACHMENTS LIST OF FIGURES Special Use Pcrn)lf Application Garfield County Bui/cling and Planning Departrnent 1.0 INTRODUCTION A Special Use Permit (SUP) is being requested by Black Diamond Minerals, LLC (BDM) for the construction and operation of a shale borrow pit as part of an exploratory oil and gas development project. BDM understands that the SUP is required under Garfield County Zoning and Subdivision Regulations, Sections 2.02.31, 3.02.03, 5.03, 5.03.07, 5.03.08, and 5.03.10- 5.03.12 for the extraction, processing, and material handling of natural resources. Table 1 summarizes the permitting requirements and provides the location of each requirement within the application. Table 1. Requirements for Garfield County Special Use Permit Application Permit Requirement Location Nature of Permit Section 1.0 Special Use Permit Application Form Attachment 1 General Project Description Section 2.0 Specific Description of Shale Borrow Pit Section 3.0 Water Use and Treatment Section 4.0 Site Plan and Map Figures 1 and 2 Vicinity Map with Topography Figure 3 County Assessor's Map Section 5.0 and Attachment 3 Deed and Legal Description Attachment 4 Agent Agreement Not Applicable Section 5.03 Responses Section 6.0 Section 5.03.07 and 5.03.08 Responses Section 7.0 Rehabilitation Plan Attachment 6 Other Material Provided Plans for Water Management Attachment 5 Noise Study Attachment 7 Engineering Diagrams Attachment 2 Tetra Tech Februaiy 2008 Special Use Perrnit Application Garfield County Building and Planning Oepartrnent 2.0 GENERAL PROJECT DESCRIPTION p BDM proposes drilling wells to test for economically viable · d gas resources within Tepee Park Ranch. Tepee Park Ranch is a private in-holdi of th hite River National Forest in Sections 15, 22 through 27, 35, and 36 of Township ) 7 No ange (R) 94 West; Sections 30 through 32 of T7S, R93W; and Sections 5 thro h 8 of 93W. · 4,332 surface acres and is located approximately 9 o Rifle in Garfield County, Colorado (Figure 1 ). The surface elevations within Tepee Park Ranch r ge 9,200 feet. The property is zoned for agriculture, residential, rural density AA County. The property is surrounded on all sides by federal land, primarily U~. ;,:,:.;:<.r~e;st,.:;;;;;e~:: (USFS), and a small portion on the north by Bureau of Land Management (BLM) (Figure 1 ). The only access to Tepee Park Ranch is from Garfield County Road (CR) 317 (Beaver Creek Road), which turns into USFS Road 824 in the NE quarter of Section 24 where it continues to the entrance of Tepee Park Ranch in Section 25 (Figure 1). BDM owns the surface rights and certain mineral rights across Tepee Park Ranch. The test for economically viable oil and gas resources will consist of drilling six wells on the eastern side of Tepee Park Ranch. BDM anticipates that the construction of roads, pads, pipelines, and drilling will begin as soon as the necessary permits are obtained. These six wells are considered exploratory wells and are referred to as Tepee Park Ranch Phase 1 Development Plan. BDM plans to start Phase 1 in late spring or early summer in order to begin drilling July 1, 2008. Drilling and completion should take six months and end in December 2008. This schedule will allow as much work as possible to be completed in milder temperatures and drier conditions. Phase I will require year-round access to service the existing wells. Following the Phase I drilling, BDM will evaluate the production to determine if the project is economically viable. If Phase I production is economic, Phase 11 will include additional wells and the need to bring in an ~:i~!ency drilling rig. If Phase l~~~~~l~ill ca~l'W11Jd~~ The estimated life of the we s, if comm~rcial approximatel 4 years When all the wells on a pad are no longer producin mically viable r , ells will be plugged and abandoned accor · nd Gas rvation Commission (COGCC) rules and the pads would ndergo final reclamatio BDM will implement Best Management Practices (BMPs) during construction, operation, and reclamation to minimize impacts, to the extent possible. BMPs are discussed further in Section 7.0 Tetra Tech Februa1y 2008 2 Special Use Pe1111it Application C~arfield County Bu1/d1ng and Plann1t1g Departrnent 3.0 SPECIFIC DESCRIPTION OF SHALE BORROW PIT The site will maintain a shale borrow pit. The pit currently exists in Section 25 along an existing ranch road (Figure 2). The pit will be expanded and used for road maintenance and pad construction (Attachment 2). Use of the shale borrow pit is anticipated to begin with the initiation of pad and road construction in June 2008. Approximately 4 inches of rock will be needed for well pads and improvements to access roads. Approximately 1,500 cubic yards of rock will be extracted from the borrow pit for well pads, and 2, 100 cubic yards will be needed for road improvements, for a total of 3,600 cubic yards. Estimated volume for future maintenance is 150 cubic yards per year. The equipment that is anticipated to be needed includes one loader, two rock haulers, one backhoe, and possibly a rock crusher. The hours of operation of the facility will be 7 AM to 6 PM Monday through Saturday. The amount of vehicles accessing the shale borrow pit will be minimal. An initial pass up Beaver Creek Road will be required for the borrow pit operation equipment. It is anticipated that this equipment will remain on-site throughout construction and during road maintenance. The remainder of the traffic associated with the shale borrow pit will occur as material is transferred from the pit to its destination, and will only occur on roads within Tepee Park Ranch. No structures will be used in conjunction with the shale borrow pit and no provisions for electric power service or any other utility improvements will be required. Tetra Tech February 2008 3 Special Use Pcrrnit Application Gatfield County Building and Planning Departn1ent 4.0 WATER USE AND TREATMENT No water will be used and no wastewater will be treated in conjunction with the shale borrow pit. A Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (WQCD) Stormwater Permit will be obtained for the project. Tetra Tech Februa1y 2008 4 Special Use Permit Appl1cat1on Ga!f1eld County Buildmg and Planning Department 5.0 ASSESSOR'S MAP Attachment 3 in c lud es a copy of th e Garfield County Assessor's Map showing T epee Park Ranch. There a re no publi c o r priva te la ndowners , oth e r than BDM , within 200 f ee t of the s hale borrow pit. Williams curren tly owns th e mineral rights on the western 2 ,668 acres of the ranch in Sections 15, 22, 26, 27, and 35 of T7S, R94W. Tetra Tech February 2008 5 Special Use Pern11t Application Garfield County Bui/cling and Planning Oepartrnent 6.0 SECTION 5.03 RESPONSES BDM has prepared responses to each of the review standards in Section 5.03 in the Garfield County Zoning and Subdivision Regulations. The review standard is stated followed by BDM's response. (1) Rule: 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: No utilities for water or sanitation services will be required for the shale borrow pit. (2) Rule: 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 shale borrow pit will be accessed from Beaver Creek Road, which turns into USFS Road 824 where it continues to the entrance of Tepee Park Ranch (Figure 1). The amount of vehicles accessing the shale borrow pit will be minimal and no road or street improvements associated with the pit would be needed. An initial pass up Beaver Creek Road will be required for the operation equipment. It is anticipated that this equipment will remain on-site throughout construction and during road maintenance. The remainder of the traffic associated with the shale borrow pit will occur as material is transferred from the pit to its destination, and will only occur on roads within Tepee Park Ranch. Additional traffic on Beaver Creek Road will occur as a result of the oil and gas exploration activities. BDM is currently working with the USFS and Garfield County Road and Bridge to develop a plan for improvements to the road in order to accommodate the increase in traffic and large vehicles. (3) Rule: 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. Response: No impact to adjacent land from the proposed shale borrow pit is expected due to the remote location of the property. Because of the location, screen fences or landscape materials will not be needed. Due to topography and location, the shale borrow pit cannot be seen from any inhabited adjacent property. Tetra Tech February 2008 6 Special Use Permit Application Garfield County Building and Planning Department 7.0 SECTION 5.03.07 AND 5.03.08 RESPONSES BDM has prepared responses to each of the review standards in the Garfield County Zoning Resolution Sections 5.03.07 and 5.03.08. The review standard is stated followed by BDM 's response. Section 5.03 .07 (1) Rule: The applicant for a permit for industrial operations shall prepare and submit to the Planning Director copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including and explanation of its operational characteristics. The impact stat ement shall address the following: (A) Rule: Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Response: No water will be used in conjunction with the shale borrow pit . BMPs will be used to control surface run-off . No impact to stream flow is anticipated due to the side slope location and the more than 1,000 feet of vegetation between the borrow pit and the nearest creek. It is not anticipated that groundwater would be encountered. A CDPHE WQCD Stormwater Permit will be obtained for the project. A plan for water management is provided in Attachment 5 . (B) Rule : Impacts on adjacent land from the generation of vapor , dust, smoke, noise, glare or vibration, or other emanations; Response: No impact to adjacent land from the generation of vapor, smoke, noise, glare, or vibrations is anticipated due to the remote location of the site. The nearest adjacent landowner is greater than 0 .5 mile from the shale borrow pit and the nearest occupied dwelling is greater than 1 mile away. BMPs will be implemented to control dust from construction vehicles. BDM will participate in a dust control program on Beaver Creek Road with the Garfield County Road and Bridge Department and other oil and gas companies operating in the area. The dust control program will include application of magnesium chloride during the summer months. (C) Rule: 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: No impact to wildlife or domestic animals from the shale borrow pit is expected . No hazardous attractions will be created. Because the pit currently exists, alteration of existing native vegetation will be minimal. Traffic and use of the pit may cause wildlife to avoid th e area or find alternative migration routes. However, because greater than 2,800 acres on the western side of the ranch is completely undisturbed , and a large portion of the ranch surrounds undeveloped USFS property, there is ample space for any wildlife that would be displaced. (D) Rule: Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to the areas in the County; Tetra Te ch February 2008 7 Special Use Pcrrnit Appf1cation Garfield County Building and Planning Departrnent Response: The amount of vehicles accessing the shale borrow pit will be minimal and no road or street improvements associated with the pit will be needed. An initial pass up Beaver Creek Road will be required for the operation equipment. It is anticipated that this equipment will remain on-site throughout construction and during road maintenance. The remainder of the traffic associated with the shale borrow pit will occur as material is transferred from the pit to its destination, and will only occur on roads within Tepee Park Ranch. Additional traffic on Beaver Creek Road will occur as a result of the oil and gas exploration activities. BDM is currently working with the USFS and Garfield County Road and Bridge to develop a plan for improvements to the road in order to accommodate the increase in traffic and large vehicles. (E) Rule: That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Response: No damage to abutting property will occur from the proposed shale borrow pit. The nearest adjacent property is greater than 0.5 mile away. (F) Rule: Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this resolution. Tetra Tech Response: The following list includes examples of BMPs and mitigation measures that could be implemented by BDM at Tepee Park Ranch. • Limit road use during inclement weather and wet ground conditions when severe rutting and other resource impacts might occur. • Reclaim and revegetate all disturbed surface that will not be used for operations in a manner that restores topsoil and minimizes erosion. • Use only certified and state inspected seed that is free of noxious weeds for reclamation/revegetation. • Cut-and-fill slopes shall be protected against erosion with the use of water bars, lateral furrows, or other measures. • Biodegradable straw matting, bales or wattles of weed-free straw or weed-free native grass hay or well-anchored fabric silt fence shall be used on cut-and-fill slopes and along drainages to protect against erosion. • Recontour disturbed areas to be compatible with existing grades. • Replace topsoil to at least the depth and quality that existed prior to disturbance for final reclamation of the site. • Revegetate disturbed areas using a seed mixture to match native vegetation. • Remove all chemicals, equipment, materials, and waste not necessary for operations. • Use only certified and state inspected seed that is free of noxious weeds for reclamation. • Mulch used for reclamation should be certified weed free. February 2008 8 Special Use Perrnit Application Garfte!cl County Build1ng and Planning Ocpa1t1ncnt (2) Rule: Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) Rule: A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Response: BDM, in cooperation with Steve Anthony at Garfield County Road and Bridge, has developed a site rehabilitation plan (Attachment 6). (B) Rule: The County Commissioners may require security before a permit for special or conditional use is issued, if required. Response: A bond, in an amount specified by the County, will be secured upon execution of the site rehabilitation plan, if required. (C) Rule: Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. Response: See Section 5.03.08 below. Section 5.03.08 The proposed shale borrow pit operated by BDM at Tepee Park Ranch will comply with Industrial Performance Standards and all applicable County, State, and Federal regulations. (1) Rule: Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Response: BDM contracted with Hankard Environmental Inc., to acoustically model the project and predict noise levels along the property lines in order to show compliance with Garfield County regulations (Attachment 7). The analysis showed that noise from the proposed shale borrow pit is in compliance with Colorado Revised Statute (C.R.S.) §25-12- 101 and Garfield County Zoning and Subdivision Regulation 5.03.08(1 ), even while assuming the most restrictive surrounding land use and the maximum amount of equipment expected to be employed. (2) Rule: 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; Response: The vibration generated from heavy machinery and operations at the shale borrow pit is not anticipated to be perceptible, without instruments, at any point of any boundary line of the property. The nearest property line is approximately 0.5 mile from the shale borrow pit. (3) Rule: Emissions of smoke and particulate matter: every use shall be operated so as to comply with Federal, State and County air quality laws, regulations and standards; Response: Emissions of smoke and particulate matter from the shale borrow pit are anticipated to be minimal. All project components will comply with Federal, State, and Tetra Tech February 2008 9 Special Use Perrn1t Appl1cat1on Garf1elcJ County Bu1/d1ng and Planning Departrnent County air quality laws, regulations and standards. No State of Colorado Air Pollution Emissions Notice (APEN) will be needed for the project, as it is anticipated to generate less than 500 pounds per year of particulate matter with an aerodynamic diameter of ten microns or less (PM 10). The State of Colorado exempts sources of air pollutants if they emit less than 2 tons per year of a criteria pollutant and are in an attainment area. All Colorado communities are currently in attainment of all National Ambient Air Quality Standards (NAAQS), with the exception of the Front Range ozone control area. (4) Rule: 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 interiere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Response: The shale borrow pit shall be operated so that it does not emit heat, glare, radiation or fumes which substantially interiere with the use of adjoining property or which constitutes a public nuisance or hazard. (5) Rule: Storage area, salvage yard, sanitary landfill, and mineral waste disposal areas. Response: This item is not applicable. (6) Rule: 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. Response: No potential for water pollution exists due to the upslope location and the more than 1,000 feet of vegetation between the shale borrow pit and the nearest creek. However, BDM will implement BMPs on site and comply with all government regulations before operation of the facility will begin. Tetra Tech February 2008 10 ATTACHMENT 1 APPLICATION FORM GARFIELD COUNTY Building & Planning Department 108 81h Street , Suite 401 MAR 1 8 2008 Glenwood Springs, Colorado 81601 Telephone: 970 .945 .821 2 Facsimile : 970 .384 .3 470 www.garfield-county.com Special Use Permit GENERAL INFORMATION ~ Street Address I General Location of Property : Tepee Park Ranch , 9 miles south of Rifle , Garfield County , Colorado ~ Legal Description : See attachment 3 ---------------------- ~ Existing Use & Size of Property in acres : No current use , 4,3 32 acres ~ Description of Special Use Requested: Extract ion , processing and material handling of natural re sources . (2 .02 .31, 3.02 .03 , 5 .03 , 5.03 .07 , 5.03 .08, 5.03.10-12) ~ zone District: AARD (Agricultural/Residential/Rural Density) ~ Name of Property Owner: Black Diamond Minerals , LLC ~ Address: 1600 Stout St., Suite 1350 Telephone : 303.973.3228 ~ City: Denver State: CO Zip Code : 80202 FAX : 303.346.4892 ~ Name of Owner's Representative. if any (Attorney. Planner. etc): ~ Address : ______________ Tel e phone : ______ _ ~ City : ________ State : ___ Zip Code: FAX : ___ _ STAFF USE ONLY ~ Doc. No .: 3op3q~yg Date Submitted : ____ TC Date : _____ _ ~ Planner: __________ Hea ring Date : ___________ 1 I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope I topography of your property, for which a U.S.G.S. 1 :24,000 scale quadrangle map will suffice. 5. 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). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (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. (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; (3) Design of the proposed use is organized to min im ize imp act on and from adjacent uses of land through installation of screen f ences or lands cape materials on the periphery of the lot and by lo ca tion of intensively utilized areas, access po ints, lighting and signs in such a manner as to protect established neighborhood cha racte r; 9. Depending on the type of Special Use Permit requested , you may need to respond to additional review standards in the Garfield County Zoning Reso lution Se ct ion 5.00 [Supplementary Regulations]. This may include uses such industria l uses [section 5 .03.07 & 5.03 .08), Accessory Dwelling Units [section 5.03.21), Utility li ne/Utili ty Substations , etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http ://www .garfield-county.com/bui ldinq and planning/index .htm, or information can be obtained from this office 10. A $400 .00 Base Fee : Applicant shall sign the "Agreement for Pa y me nt" form and provide the fee with the app li cation . 11. Submit 2 copies of this completed application form and all t he requ ired submi ttal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed te chn ically complete . II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Appl ic at ion re view process works i n Garfield County.) 1. Submit this completed application form, base fee , and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness . 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Publ ic Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing , Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of th e subj ect lot , a description of the proposed special use and nature of the hearing , and the date , time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which t he subject property is located at least thirty (30) but not more than sixty (60) days prior to th e date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above , shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200 ') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information wU4:Wra:;;e best of my knowledge. Last Revised: 07/2007 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfie ld County, purs uant to Board o f County Commissioners ("Board") Reso luti on No. 98-09 , has esta bli shed a fee structure ("Ba se Fee ") for the processing of each type of subdivision and land use applica tion s. The Base Fee is an estimate of the average number of hours of sta ff time devoted to an application, multiplied by an hourl y rate for th e personn e l invol ve d. The Board recogni zed that the subdi vis ion and land use a ppli ca tion proc essing time will vary and th at an appli ca nt should pa y for th e to ta l cos t of the review which may require additional billing. Hourly rates based on th e hourly sa la ry, and fr inge ben efi ts co sts of the re spective po s ition s combined with an hourly overhead cost for the office will be use d to es tabli sh the actual cost of County s taff time devoted to the review of a particul ar proj ect. Actua l staff tim e s pent wi ll be charge d aga in st the Base Fee. After the Ba se Fee ha s been expe nd ed, the applicant wi ll be bill ed based on actual staff hours accrued. Any billin g shall be paid in full prior to fin al considerat ion of a ny land use permit , zonin g amendment or subdi v ision pl an. If an app licant h as previously fai led to pay applicat io n fees as required , no new or additiona l applications will be ac cepted fo r process ing until th e outstanding fees are paid. Checks , including the appropriate Ba se Fee se t forth be low , must be submitted wi th each land use app li cation, and made payable to the Garfield Co un ty Treasurer. Appli ca ti ons wi ll not be accepte d w ith ou t the req uired application fee. Base Fees are non-re fundable in full , unl ess a written req uest for withdraw fr om the ap p lica nt is submitted pri or the initi al rev iew of th e app lication mat erial s. Applications mu st include an Agre ement for Payment Form ("Agreem ent") se t fo rth below. The Ag reement esta blishes the app li cant as bein g res pon s ibl e for pay ment of all cos ts associated w ith p rocess ing the applicat ion. The Agreement mu st be s ig ned by the party responsible for pay ment and s ubmitted with th e app lication in order fo r it to be accepted . The co mplete fee sc hedule for subdivis ion a nd land use applications is attached . GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES 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 dete1mined 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. TYPE OF PROCEDURE Vacating Public Roads & Rights-of-Way Sketch Plan Preliminary Plan Final Plat Amended Plat Exemption from the Definition of Subdivision (SB-35) Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing • Board Public Hearing only • Planning Commission and Board review & hearing Zoning Amendments • Zone District map amendment • Zone District text amendment • • • Zone District map & text amendment PUD Zone District & Text Amendment PUD Zone District Text Amendment Board of Adjustment • Variance • Interpretation Planning Staff Hourly Rate • Planning Director • Senior Planner • • Planning Technician Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page2 BASE FEE $400 $325 $675 +application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $100 $300 $250 $400 $525 $450 $300 $500 $500 $500 $250 $250 $50.50 $40.50 $33.75 $30 Determined by Surveyor$ $11 -I st page $10 each additional page The following guidelines shall be used for the administration of the fee structure set forth above: I. All applications shall be submitted with a signed Agreement for Payment fonn 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 incun-ed 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 Con-ected 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. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Black Diamond Minerals, LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for a special use permit for operation of a shale borrow pit on Tepee Park Ranch (hereinafter, THE PROJECT). 2. APPLICANT 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. APPLICANT 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT 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, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT 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. APPLICANT Signature Date: /11'1Ydi J '/, h /)tJ 8 Senff //) !!u / J Print Name ' MailingAddress: /6tJo ,5/t>qf st Sre 136~0 (Jen1H.t , r CJ £1&1 ( o 6 10/2004 Page 4 ATTACHMENT 2 ENGINEERING DIAGRAMS SCALE : 1" = 50' DATE: 0 2-08-08 Drawn By: D.R .B. BLACK DIAMOND MINERALS, LLC EXISTING FEATURES BORROW AREA SECTION 25, T7S, R94W, 6th P.M. SE 1/4 SE 1/4 POINT #1 -NAO 83 LATITUDE = 39'2418.36 39.405100 LONGITUDE = 107'50'11.39 " (107.836497) POINT 2 -NAD 83 LATITUDE = 39'24'15.78" 39.404383) LONGITUDE = 107'50'12.46" (107.836794) UINTAH ENGINEERING & LAND SURVEYING 85 So. 200 East • Venial, Utah 84078 • (435) 789-1017 SCALE: 1" = 50' DA TE : 02-08-08 Drawn By: D.R.B. BLACK DIAMOND MINERALS, LLC PROPOSED BORROW AREA BORROW AREA SECTION 25, T7S, R94W, 6th P.M . SE 1/4 SE 1/4 _j E' _J c' UINTAH ENGINEERING & LAND SURVEYING 85 So. 200 East • Venlal, Utah 84078 • (485) 789-t0t7 0 l() II -..... X-Section Scale 1" = 50' DATE: 02-08-08 Drown By: D.R.8. DATUM ELEV. 9359.00 ~ DATUM ELEV. ~ 9352.00 DATUM ELEV. 9347.00 DATUM ELEV. 9342.00 DATUM ELEV. 9338.00 -~-- ~ Slope = 1 : 1 (T,n;,) "'----- ~ APPROXIMATE YARDAGES BLACK DIAMOND MINERALS, LLC TYPICAL CROSS SECTION FOR BORROW AREA SECTION 25, T7S, R94W, 6th P.M. SE 1/4 SE 1/4 '£ -E' '[) -O' 51' 'c -c' '8 -B' Precons truction ~Grade :.4 -A I TOTAL CUT = 8000 CU.YDS. UINTAH ENC/NEER/NC &: LAND SURVEYING 85 So. 200 Ea.st • V•rnal. Utah 84078 • 435 789-1017 SCALE : 1" = 50' DATE : 02-12-08 Drawn By: O.R.B. BLACK DIAMOND MINERALS, LLC POST EXCAVATION BORROW AREA BORROW AREA SECTION 25, T7S, R94W, 6th P.M . SE 1/4 SE 1/4 POINT /118 -NAO 83 LATITUDE = 39'24 18.00 39.405000 LONGITUDE = 107'50'10.83" (107.836342) POINT 28 -NAO 83 LATITUDE = 39'24'15 .85" (39.404403) LONGITUDE = 107'50'11.17" (107.836436) UINTAH ENGINEERING & LAND SURVEYING 85 So. 200 East • Vernal, Utah 84078 • (4S5) 789-1017 ATTACHMENT 3 COUNTY ASSESSOR'S MAP 11---1 I r-' i 11' ~ ! I " ,..., - ' -\ i l -, I I (:I! ·1 1.:-__J i@ I 1 · I I ® -' l_ --t --" ® i i ;< 8 $ 7 -~ ~ - '- "' ~ .. c " ~ < W.t . Ma.mm No. l 4 , ~ ,undarj·a Tr. 39 + 'If .+ ,.+ H T E Ad joining I:" 2-40 3 t--HD(•-r) ,t .. Tr. S7 @ + .. " ore• L # ,;t ,,+ ~ + " 1? '11f @) B.L.M. 1i ,.+ la_ TT. 89 0 ;:; .. c " 2•0 1-a13-oo-1S13 I o Tr. 70 :;;- < "1 J Tr. 38 - .,..... d\ ""' . / >("'' .. E R I"' ~~ V> , ' • • -·-' • '••" " y " ; • .. •. " •. • l , . ,. -"-,,:---v 5 . -.....,. A @) 1Jr lf"' ,;r I El.l:V. MOO Boundary ...... Tr. 4 3 Tr ... O"...!.-Tr. 37 @) Tr. 4 5 @) J I .I 'lu 12 < ,_\ . ' . • ' ' L:'::::: ~ ' " ·~ . "~' APPROVED ......,. ...... 2 4 5 3 T .6S. - R.93W. I, -e z .-.- -+-· '-~~ I 1· • ---->-_ ____.._ I I I .~-~""'"' I l .... ~-"'""'' .I,, !:.____,_::----....~I . • r ,________j i I I ~ l ~-~-~u_.,.f'~~ I ~~~ ~-- ~ ., --N '----.J ®I r !~ . ® -® . I @ _ _i_r~~-~-~~~~~~~~~~ ' • ® I I -+---- @ I I : I . I I I I I I ~ I I I I I ATTACHMENT 4 DEED AND LEGAL DESCRIPTION 1111 ~\l"i. ~1,,~11~,',1\111 ,1~1.~~u-111~1+,,c1r~:~~ .1~i1· ~,~ 11111 Reception#: 738862 12107/2007 04:22: 19 PM Jean Alber1co 1 of 3 Rec Fee:$25.50 Doc Fee:O 00 GARFIELD COUNTY CO QUIT CLAIM DEED cfi_ ,c/, ':Ll THIS DEED, made this p -day of ~.c. e.c,.,,. 6-c,,.., ... , 20.J11 between Teepee Park Ranch, LLC, a Colorado Limited Liability Company, of the County of Jefferson, State of Colorado, as Grantor, and Black Diamond Minerals, LLC, a Delaware Limited Liability Company, whose registered address is 1600 Stout St., Suite 1350, Denver, CO 80202, of the City & County of Denver, State of Colorado, as Grantee: WITNESSETH, that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, lhe receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell and QUIT CLAIM unto lhe Grantee and the Grantee's successors and assigns, forever, all the right, title, interest, claim and demand which the Granlor has in and to the water rights, if any, located in the County of Garfield, State of Colorado and described as follows: That real property identified in Exhibit A attached hereto and incorporated herein by reference excluding therefrom mineral rights reserved by Union Oil Company of California its successors and assigns as set forth in that Special Warranty Deed recorded April 8, 1994, Book 898, Page 402, Garfield County, Colorado, records. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, and the Grantee's successors and assigns, forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STA TE OFJ.ey_Q_..s County of 1' "e./(.().. { ) ) ) ss: Teepee Park Ranch, LLC: (' , 21~''-'·~---~ J~~-~A,..?=~.t·h-... -. ? By: Mr. Norman A. Carpenter Manager and Sole Member The foregoing instrument was acknowledged before me this (_g '\L day of :J)eQ 8~ \,)~ ( 20 D l , by Mr. Nonnan A. Carpenter, on behalf of Teepee Park Ranch, LLC, as Manager and Sole Member thereof.. Witness my hand and official seal: My Commission Expires DEBRA ALLEN Notary Public, State of Texas My Commission Expires May 20, 2011 Notary Public RETURN TO: JACK LUELLEN, ATTY BEATTY & WOZNIAK, P.C. 216 l 6TH ST., STE. 1100 DllNVIlR CO 80202 Legal Description: Tepee Park Ranch The South half (S 1/2) of the South half (S 1/2) of Section Fifteen (15), Township Seven (7) South, Range Ninety Four (94) West of the Sixth Principal Meridian. Part of Drake No. 3 Part of Drake No. 4 Part of Drake No. 5 Part of Alberta No. I Part of Alberta No. 2 Part of Alberta No. 3 Part of Alberta No. 4 Part of Alberta No. 5 Part of P.C. Junior No. I Part of P.C. Junior No. 2 Part of P.C. Junior No. 3 Part of Virginia No. I Alice Alice No. I Alice No. 2 Alice No. 3 Little Maud No. I Little Maud No. 3 Little Maud No. 5 Little Maud No. 7 Little Maud No. 9 Little Maud No. 11 Little Maud No. 13 and Little Maud No. 15 Oil Shale Placer Mining Claims designated as Survey No. 20096, embracing a portion of Sections Twenty-four and Twenty-five and the unsurveyed portion of Township Seven South of Range Ninety-four West of the Sixth Principal Meridian, as described in the United States Patent recorded December 17, 1932 in Book 164 page 486. TOGETHER WITH all the real property situate, lying and being in Garfield County, Colorado consisting of the following Placer Mining Claim, to wit: Parcel A: Mt. Mamm No. I Mt. Marnrn No. 2 Mt. Mamm No. 3 Mt. Marnrn No. 4 Mt. Mamm No. 5 Mt. Mamm No. 6 Mt. Mamm No. 8 Mt. Mamm No. 9 As described in United States Patent No. 1051431 recorded December 16, 1931 in Book 168 at Page 254 as Reception No. 111666 of the Garfield County Records. Parcel B: Mt. Mamm No. 10 Mt. Mamm No. 11 As described in United States Patent No. 1051425 recorded December 16, 1931 in Book 168 at Page 255 as Reception No. 111667 of the Garfield County Records. Mt. Mamm No. 12 Mt. Mamm No. 13 Mt. Mamm No. 14 Mt. Mamm No. 15 As described in United States Patent No. 1119490 recorded May 21, 1945 in Book 209 at Page 447 as Reception No. 154101 of the Garfield County Records. NOTE: Parcel A above is now known as: Tract 42 in Sections 5, 6, 7, and 8, Township 8 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado, and Tract 65 in Section 30 and 31, Township 7 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado, according to the re-survey thereof. ATTACHMENT 5 PLAN FOR WATER MANAGEMENT BLACK DIAMOND MINERALS, LLC PROPOSED BORROW AREA SC ALE: 1" = 50' DATE : 02-08-08 Drawn By: D.R.B. Revised : 03-07-08 D.R.B. NOTE : BEG INNING RIP RAP ALONG BAR DITCH ADJACENT TO BORROW AREA. BORROW AREA SECTION 25, T7S, R94W, 6th P.M. SE 1/4 SE 1/4 Construc t Bar Di tch & Beginn ing Rip Rap _j E' _J c· Catch Pon d UINTAH ENGINEERING & LAND SURVEYING 85 So. 2 00 Ea.st • Vernal, Utah 84078 • (435) 7 89-tOt7 ATTACHMENT 6 REHABILITATION PLAN Tuesday, February 26, 2006 1.54:24 PM DRAWING: Pn"pee Parle Rarich\CA01Re!F1l8S\ModelF1les\L.SP.Rehab1Ntlltion .DWG LAYOUT: LAYOUT1 USER NAME: BARBARA IMEt "" ' --" .,, • 0 0 "' < ~ ... § ~ m ~ ~-x ~ \ 0 ~ J> ~ i5 z --, -, I i ,. I -· I I -m ~ ,, m ,; ~ < -' ; ~ ~ ~ . 0 ~ 0 ~ ~ ~ § ~ < < • " " i p· Ll' Cl8nt BL.ACK DIAMOND MINERALS -om DESCRIPTION ~ ~· ~ Pfc). Loe.: GARFIELD COUNTY, COLORADO ' 2 26.1)6 INITIAl.SUBMITIAl I it: I TETRA TECH ~ -? . ~ TEPEE PARK RANCH ~ EXPLORATION PROJECT --------c- -->. ~ REHABILITATION PLAN www.tetratech.com I! ~ ~ 1900 S. Suna<ll Slrn<IL SM. 1-F s ~ Longmor>t. Calotaao 80501 PHONE. (303) 772·5282 FAX: (303) n2-7039 ATTACHMENT 7 NOISE STUDY January 29, 2008 Scott Hall Black Diamond Minerals, LLC 1600 Stout Street Suite 1350 Denver, Co lorado 80202 BANKARD ENVIRONMENTAL -<c::-~ -==--~ ·::::a;- A c ou s r cs ANO v ar>A.ll0'4 C oNSt.d TtNG Re: Analysis of Noise from Proposed Tepee Park Ranch Shale Borrow Pit in Garfield County, Colorado Dear Mr. Hall, Hankard Environmental predicted th e level of noise that will be generated by t he proposed Tepee Park Ranch Shale Borrow Pit in Garfield County, Colorado. The predicted n o ise levels a re in compliance with applicable Garfield Cou nty and State of Colorado r egulations. This report describes the proposed project and site, our noi se level prediction m e thods and r esults, and the comparison of predicted noise levels to applicable standards. APPLICABLE REGULATIONS The proposed project is subject to the Garfi e ld Cou nty Zoning and Subdivis ion Regulations. Sec tion 5.03.08(1) of these regulations, Indu s trinl Pe1fonnnn ce Stnndnrd s for Conditionn/ nnd Specinl Uses, s ta tes that the "Volume of sound generated sh a ll comply with the stan dards set forth in the Colorado Revised Statutes at th e time a n y new application is made. (A. 93-061)". This refers to the Colorado Revised Statutes (C.R.S.) §25-12-101 e t seq. The noise limits contai n ed within this r egulation are shown in Table 1. For our analysis we assumed tha t the proposed pit m ay operate before 7:00 a.m. or af ter 7:00 p.m., thus the m axi mum noi se l evel wi ll be d e fin ed by the nighttime (quietest) limit for each land u se zone. The abutting la nd u ses were not determine d directl y, and are a ss ume d to consist of BLM lands, national for es t, or undevelop ed. To provide a worst -case analysis, we applied th e most s tringent limit contained in the Co lorado Revised Statutes, w hich is 50 dBA. This limit corresponds to ni g httime operations adjace nt to residential land use, and mus t be m e t at a point 25 feet outside of the Te p ee Park Ranch property bounda ry. Also, back-up alarms on earth moving equ ipme nt are intermittent a nd s hrill, which according to th e Colorado Revised Statutes are limited to a level 5 dBA below the maximum permissibl e level. Thus, noi se levels from back-up a larm s may not exceed 45 dBA a t a location 25 feet outside the Tepee Park Ranch property boundary. Denver Colorado • Madison Wisconsin • Portland Maine phone: (303) 666 -0617 • fax (303) 600-0282 • www.hankardinc.com TABLE 1 State of Colorado Maximum Permissible No ise Levels -dBA (Co lo ra d o Revised St a tutes (C.R.S.) §25-12-101 e t seq .) Zone Daytime 11J. 121 (7:00 a.m. to 7:00 p.m.) Residential 55 Commercial 60 Light Industrial 70 Industrial 80 HANKAUD E NVIRONMENTAL -~~ ..,,----=---=-~ A rous 1 cs .... 1 0 v IQA"IO~ C.:0 1.s u1 r1 N G Nighttime 121 (7:00 p.m . to 7:00 a.m.) 50 55 65 75 (1) During the d ay time, the n oise level ca n be inc reased by 10 dBA for 15 minutes in a ny one-h our p e ri o d (2) Noise level limi t d ec reased by 5 dB A fo r inte rmitte nt, s hri ll ty p e sounds PROJECT AND SITE DESCRIPTION The proposed s h a le borrow p it will be lo ca t ed w ithin th e Te p ee Park Ran ch in Garfi e ld County. Th e pit ex is ts today, but w ill be ex p a nde d to prov id e ma teri a l for road co ns truc ti on , road ma inte na nce, and w ell p a d s fo r a p roposed well drilling p rojec t w ithin th e Tepee Park Ra n ch . The t yp e o f con s tructi on equipme n t a nd the number o f eac h ty p e tha t w ill b e used a t the pit a r e li s ted in Ta bl e 2. At thi s tim e, it is unknown if a roc k crus h er s y s tem w ill b e necessa ry or n o t, but it w as included to p ro vide a wors t-case a n a lysis . Al so, it w as ass ume d tha t a ll m o bil e equipme nt would be equipped with bac k-u p a la rms . TABLE 2 Equ ipm ent for Borrow Pit Operations Type of Equipment Bulldozer -CAT 08 Excavato r -CAT 330 Rock Ha ulers -730 Rock Crusher -Crusher and Conveyor Rock Cru sher -Gen erator Rock Crusher -Wheel Loader Number of Units 1 2 1* 1* 1* *Included in a n a lysis, a lth o u g h may not be u sed Analysis of Noi se fro 111 Propo sed Tepe e Park Ran ch Shale Borrow Pi t in Garfie ld Cou nty, Co lorado page 2 Ja nuary 29, 2008 NOISE ANALYSIS RES UL TS B ANKARD E NVIRONMENTAL -..c--c:::-~-=---=-~~ A cous1 cs ""o Y ·tr•A'•O"Y C 0 N s u 1r1 ..,c Noi se leve ls from the proposed s hale bo rrow pit operations were p redicted us in g So undPla n v6 .4, which is a software program that predicts the propagati o n o f s ou n d o utdoors . Input d a ta used with the mod e l includes a map s howing the rel a tiv e loca ti on of the p it a nd th e bo undary o f th e Tepee Pa rk Ra nch (p rovide d by the project), ground e levati ons (es t imated fro m a va il a bl e G oogle Ea rth data), and sound e mi ssion lev e ls for each pi ec e of equ ipme nt (take n from d a ta me as u red on o ther projec ts by H a nka rd Environmenta l). Tabl e 3 li s ts the so und le ve l e mi ssio n s p ectrums used for ea ch piece of equipme nt. Th e n o ise ana lys is layout is s how n in Fig ure 1. Noise le ve ls fr o m pit o p erations were p redicte d at the s ix locations a lon g the Tepee Park Ran ch prope rty boundary s h o wn as Rl -R6, w hich a r e locate d dire ctly north, s outh, eas t and w es t of the proposed borrow pit. The p r edicted levels, w hich include bac k-up a larms, rang e fr o m 13 to 44 dBA. Th e lo ude s t le ve l was pre dicte d n ear the north ern gate to the Tepee Pa rk Ran ch (R3). All of the pre dicted le vel s ar e be lo w the m ost r estrictiv e maximum n o ise leve l re quire m ents contained in the Co lorad o Revised Sta tutes, w h ich a re 50 dBA for e quipme nt ope ra t ing at nig ht adjace nt to reside nti a l la nd use a nd 45 dBA for impuls ive noi ses (i.e. bac k-up al arms) operating at night adjacen t to r es ide nt ial land use. In s ummary, our anal ys is shows tha t noi se fr o m the proposed shale b orrow pit is in complia nc e with Co lorado Revi sed Statute (C.R.S .) §25 -12-101 and Garfi eld Co unty Zo ning a nd Su bdi v is io n Reg u lation 5 .03.08(1), ev e n w hi le a ssun1in g the most r estri cti ve s urround in g lan d use a nd the ma ximum amo unt of equipment ex pecte d to be e mpl oy ed . TABLE 3 Soun d Powe r (Em iss ion) Levels Used In Shale Borrow Pit Noise Analys is (dBA) Noise Source 31.5 63 125 250 500 1000 2000 4000 8000 Overall Bulldoze r 77 85 100 107 102 107 105 96 84 112 Excavator 66 76 95 92 96 10 1 100 97 90 106 Rock Hauler 59 86 89 94 94 98 97 91 81 103 Rock Crus her -78 95 105 112 111 11 5 113 108 99 120 Crusher/Co nveyor Rock Crusher -62 78 94 98 104 107 107 102 93 11 2 Generator Roc k Cru sher -85 95 10 0 94 92 112 104 90 78 113 Whee l Loade r Back-up Alarms 26 42 54 58 59 120 111 95 88 121 An alys is of No ise fro 111 Proposed Tepee Park Ran ch S/1 ale Bo rrow Pit in Ga rfi eld Cou n ty, Col orado page 3 Januar y 29, 20 08 HANKARD ENVIRONMENTAL e::--:c::-:.:------=---=-==-~ A cousr 1cs A.140 V 1tR A 0 10 ·1 C.:o tt ~uirt N G FIGURE 1-TEPEE PARK RANCH SHALE BORROW PIT NOISE ANALYSIS LAYOUT Please call if you have any questions. Sincerely, 2}el <;:- Jeff M . Cerjan Senior Engineer Analysis of Noise fro111 Prop osed Tepee Park Ranch Shal e Borrow Pit in Garfield County, Colo rado page 4 January 29, 2008 FIGURES N t SCALE IN FEET -----0 4,0l MAR 10, 2008 FIGURE 1 BLACK DIAMOND BASE MAP 010401X SCALE IN FEET 0 MAR 10, 2008 FIGURE 2 TEPEE PARK RANCH SITE 010401X N 1 SCAL E IN FEET 0 r;. ) _, ,' ~ . MAR 10 , 2008 FIGURE 3 TEPEE PARK RANCH SITE 010401X