HomeMy WebLinkAbout3.0 Staff ReportPlanning Director — 8/19/09
TV
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW:
SUMMARY OF REQUEST:
APPLICANT/PROPERTY OWNER:
LOCATION:
SITE INFORMATION:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
Amendment to Special Use Permi
Administrative Review MPAA600
The Applicant requests an amendment to a
Special Use Permit (SUP) previously
approved for "Processing and Material
Handling of Natural Resources"
Perry Dan Rodreick (Bill Barrett Corp.)
SESW, SWSE of Section 30, NENW,
NWNE Section 31 Township 6 South,
Range 91 West, 6th PM, generally described
as a tract of land 2.5 miles south of the
Town of Silt off County Road 311.
The lease area is approximately 10 acres of a
larger 160 acre parcel
County Road 311
Rural
Rural
I. BACKGROUND
A Special Use Permit was approved by the Board of County Commissioners for this site to
accommodate a water gathering facility located on the 21B-31-691 SWD well pad for the
purpose of collecting produced water from surrounding gas wells; separate residual oil; recycle
the used water back into field operations via pipeline; and inject any excess produced water into
an existing well for disposal. The Applicant has obtained the necessary Centralized E&P Waste
Management Facility Permit from the Colorado Oil & Gas Conservation Commission (COGCC)
and has bonded the site for reclamation and rehabilitation through the COGCC in order to use
this facility to serve surrounding wells. This facility was approved with the existing tanks on the
well pad and does not use open air ponds. The Special Use Permit (SUP) was specifically
approved for "Processing and Material Handling of Natural Resource" for a Water Gathering
Site under the, now expired, Garfield County Zoning Resolution of 1978, on property owned by
Parry Dan Rodreick and operated by Bill Barrett Corporation. The site is an approximately 10
acre surface lease area 11 miles south of the Town of Silt and adjacent to Garfield County Road
Perry Dan Rodreick (Bill Barrett Corp.) Amendment to Special Use Permit
Planning Director — 8/19/09
Page 2
311. The proposed facility is in the Grass Mesa area on the existing 21B-31-691 SWD well pad
in the SESW, SWSE of Section 30, NENW, NWNE of Section 31 in Township 6 South, and
Range 91 West.
II. DESCRIPTION OF THE PROPOSAL
The Building and Planning Department received an application under the Unified Land Use
Resolution (ULUR) of 2008 (Section 4-107) to amend the Special Use Permit to allow 10
additional water storage tanks to be placed on the well pad thereby expanding produced water
storage capacity. The process to amend the Special Use Permit follows the comparable process
described in the ULUR for Major Impact Review and amendments to approved land use permits.
The specific use(s) identified in the ULUR for this site are listed as "Material Handling" and
"Processing".
III. SITE DESCRIPTION
The site is situated on a relatively flat area just south of the Town of Silt. The well pad is located
on approximately 10 acres of a larger ownership of approximately 160 acres and is shown on the
approved overall site plan on the next page. The site is under the operation of Bill Barrett
Corporation and owned by Perry Dan Rodreick.
The approved site plan for the 10 acre lease area is shown below and illustrates the existing
producing well (31B) and the injection well (21B). The existing storage and skimming tanks are
located within a containment area. There are some minor buildings on site for the pump
operations, pump house, and parking/maneuvering areas for truck operations. The ponds shown
on the approved plans are misrepresentations and the proposed site plan submitted with this
application presents a more accurate representation of the current site. No open ponds are
proposed for water storage prior to treatment and disposal.
The site is served by pipelines that transmit produced water to and from the site. Any additional
pipelines may require review and approval by Garfield County.
Perry Dan Rodreick (Bill Barrett Corp.) Amendment to Special Use Permit
Planning Director — 8/19/09
Page 3
Perry Dan Rodreick (Bill Barrett Corp.) Amendment to Special Use Permit
Planning Director — 8/19/09
Page 4
Storm Water Management Nen
GGU Rodreick 21031391 SWD
-Q,
�am
61 I Barrett Corp. - r'
GGU Rodreick 218 SWD Water Gathering Sita_
0 20 26G
I l
520 Feel
W + L
5
The proposed site plan is shown below and accurately illustrates the site layout and was
confirmed by a site visit on June 17th, 2009. Though not labeled, the site contains a well house
for Well 21B and a pump house for all pumping operations. The "stock pond" noted on the site
plan is not used for storage of produced water. The proposed location for the additional storage
tanks is graded and prepared for the additional tanks and all 10 proposed tanks were stored on-
site.
Perry Dan Rodreick (Bill Barrett Corp.) Amendment to Special Use Permit
Planning Director — 8/19/09
Page 5
•.,
i
1/
58' TO
PROPERTY LINE
//
/
1
I \ \!'+1
1 / ,y }
I.
1 \4I
:\ i r `i1i"90 ,
vA" Pyr
PROPOSED 10 TANKS -I, -
i
tW 161' TO
OVERHEAD ELECTRIC
I,' Ij
I
II
000
It,� 000
• 0 1
\ �/
EXISTING
TANKS
/ ' -.
23' TO , <' l �T
EXISTING BUILDING; \�\\, \
\, / r .\\\
EXISTING WELL �,'\
(GGU ROOREICK 21B-SWD) ' '
STOCK .\ ,
\ POND --.
/
EXISTING WELL 1
(GIBSON GULCH 3-31-13) /
•
-`/ EXISTING '�---- '�-�<�
-" "/ i ,/ / EQUIPMENT--
•
/
// / /iii'/
/ ////
/' /// it/li/l///,//�/// /�'\�\\\ \•
IV. ZONING & ADJACENT USES
The subject property was zoned Agricultural/Residential/Rural Density (ARRD) under the, now
expired, Zoning Resolution of 1978 and the land use was previously defined as "Processing and
Material Handling of Natural Resources" and specified as a Special Use in the ARRD zoning
district. The current zoning classification under the ULUR is "Rural" with the specific land uses
as "Material Handling" and "Processing" requiring a "Limited Impact Review" and "Major
Impact Review" respectively. When considering approval of an amendment to a Special Use
Permit under the previous zoning code the comparable process is a Major Impact Review with
any amendments under the ULUR identified in Section 4-107.
Perry Dan Rodreick (Bill Barrett Corp.) Amendment to Special Use Permit
Planning Director — 8/19/09
Page 6
The adjacent uses are primarily agricultural and ranching with single family residential uses
interspersed by oil and gas development in the general vicinity. The Applicant has represented
that the nearest residence is over one (1) mile away while the COGCC Centralized E&P Waste
Management Facility Permit indicates that housing is about 500 to 1000 feet to the south and east
of the site. Without conducting a formal measurement, following a site visit it appears that the
nearest housing is about 500 to 1000 feet away to the south. This home overlooks this facility
from the top of a small hill to the south. To the north of the subject property, there is clear
evidence of ranching and a barn for livestock. The surrounding oil and gas development includes
nearby gas wells and pipelines.
V. AUTHORITY & APPLICABILITY
Pursuant to Section 4-107 of the ULUR, an application for a Major Impact Review may be
considered by the Director of Planning with the authority to approve amendments if there is ". .
.no substantial change. . ." to the approved Major Impact Review. The ULUR defines
"Substantial Change" in Article 16: Definitions, as;
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 square feet over
100% and structures over 10,000 square feet 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 change.
d. The size of the land which is the subject of the permit or approval.
e. A change in land use which creates or increases the incompatibility of the use.
Based on the information contained in the approved SUP file and the application for Amendment
to an approved Major Impact Review the requested change does not meet the criteria for
substantial change and the Director has the authority to administratively approve this application.
VI. REVIEW AGENCY AND OTHER COMMENTS
Comments have been received from the following agencies and are integrated throughout this
memorandum as applicable.
1. Garfield County Attorney:
2. Garfield County Road and Bridge Department:
3. Burning Mountain Fire Protection District:
4. Garfield County Public Health:
No Comments Received
See Exhibit F
See Exhibit G
See Exhibit H
Perry Dan Rodreick (Bill Barrett Corp.) Amendment to Special Use Permit
Planning Director — 8/19/09
Page 7
Comment letters were received from the Burning Mountain Fire Protection District, Garfield
County Road and Bridge Department, and Garfield County Public Health.
The Fire District has no additional conditions for the Amendment. Garfield County Road and
Bridge reiterated their original recommendation for overweight permits but has noted the
existing approved driveway access and had no specific objection to this application. Garfield
County Public Health has noted that the proposed use and expansion may need to file with the
Colorado Department of Public Health and Environment for an air quality permit but may be
exempt due to the low level of emissions from the site.
VII. ADDITIONAL COMMENTS
Following submittal of the initial application an initial site visit and review of the application
documents were performed by staff to assess the adequacy of the application for Technical
Completeness and whether the request would constitute a "Substantial Change" to the approved
Special Use Permit. A request for additional information on daily truck traffic counts and any
documentation for CDPHE air quality permit applications were made to the Applicant. The
applicant was unable to produce a traffic count for daily truck traffic but did submit a copy of
data related to air quality and estimated site emissions.
Approval of the Special Use Permit included a restriction on nighttime truck traffic and the
traffic analysis supplied with the original Special Use Permit noted a maximum of 30 trips per
day. The original traffic information is summarized below as part of a traffic impact report
generated by Kimley-Horne and Associates which states the following peak hour traffic
generation from the site:
Bill Barrett Roderick Water Gatherin. Site Traffic Generation
Dally
VehltlesTrips
AM reek Hour..
PM Peak Hear
Tm
Total
Out
In
Out
Total
`/'yplcul Operations
0
2
1
3
Access to the Roderick Wald Gathering Site is currently provided along Divide
Creek Road (CR 311). This access location is illustrated on the attached figure. The
Bill Barrett Corporation production area is located along the south side of Airport
Road (CR 346), south of the Town of Silt, between WI arm Creek Road (CR 315)
and Divide Creek Road (CR 311). it is anticipated that project traffic will be
accessing the projoetsite toeadfrom the Bill Barrett Cceperadonproduction areavia
Divide Creek Road (CR 311) and Airport Road (CR 346). Approximately 20 patent
of project traffic is expected to access Intarelate 70 by means of the Mar= Creek
Read (CR 315) interchange and the Silt 916 Street interchange.
Perry Dan Rodreick (Bill Barrett Corp.) Amendment to Special Use Permit
Planning Director — 8/19/09
Page 8
Since traffic counts for incoming and outgoing traffic is specific in the approved SUP permit and
suggests that record keeping of all traffic is an important function for monitoring conditions of
approval a condition has been recommended for accurate recorded keeping of all truck traffic by
time of day and number of trips.
There is no indication that the site has violated any Federal or State air quality standard however,
a condition has been added to require the applicant to submit a copy of all permitting activity
with CDPHE for air quality and to submit a copy of any permits if the site no longer meets an
exempt status for emissions.
A condition is also recommended that all conditions attached to the approved SUP still apply and
are in full force.
VIII. RECOMMENDED FINDINGS
1. A complete application was received on June 5, 2009 and a Determination of Completeness
was made on July 20, 2009. A decision by the Director is required within 30 days of issuing
a Determination of Completeness which should be no later than August 19, 2009.
2. The application for Amendment of a Major Impact Review by the Director is authorized by
the Unified Land Use Resolution (2008) in Section 4-107.
3. The proposed Amendment to a Major Impact Review (previously approved Special Use
Permit) has been determined to incur "No Substantial Change" as defined by ULUR and
meets the criteria for an Administrative Decision by the Director.
4. The proposed Amendment is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County and does not constitute a
Substantial Change to the approve Special Use Permit approved by the Board of County
Commissioners.
5. The application has met the requirements for "Amendment of a Major Impact Review" under
Section 4-107 of the Garfield County Unified Land Use Resolution of 2008, as amended.
IX. STAFF RECOMMENDATION
The proposed amendment for ten (10) additional water storage tanks creates limited potential
impacts to the site and surrounding properties. The existing well pad contains an active
producing gas well and produced water storage/disposal operation and the unmanned facility will
not create any additional noise, vibration, dust or exhaust over and above the impacts of vehicles
disposing of the produced water into the gathering tank and vehicles conducting maintenance on
Perry Dan Rodreick (Bill Barrett Corp.) Amendment to Special Use Permit
Planning Director — 8/19/09
Page 9
the site. During the staff review of application documents it was noted that the Applicant was
unable to produce traffic data on daily traffic counts. The limited traffic impacts were based on
the traffic analysis provided as part of the original SUP approval and it was implied that traffic
counts would be available if needed for site monitoring. Staff recommends the Director approve
the request for Amendment to a Special Use Permit for Processing and Material Handling of
Natural Resources for a Water Gathering Site operated by Bill Barrett Corp. and on property
owned by Perry Dan Rodreick with the following conditions:
1. That all representations of the Applicant within the application shall be considered
conditions of approval.
2. The Applicant shall comply with all previous Conditions of Approval imposed by the
Board of County Commissioners on April 7, 2008 stated in Resolution No. 2008-43.
3. The owner shall record all truck traffic to and from the site and calculate trips based on
time of day. If a request for truck trip generation is requested by Garfield County it will
be provided within five (5) working days of the request.
4. The owner shall provide copies of future correspondence and/or permits which affect
any changes to air quality or the exempt status of the site with the Colorado Department
of Public Health and Environment. The site shall be operated so as to comply with all
Federal, State and County air quality laws, regulations and standards.
Exhibits for Amendment of a Special Use Permit
Administrative Decision on August 19th, 2009
(MPAA6009 Rodreick — Bill Barrett Corp./Amendment to Approved Special Use Permit)
Exhibit
Letter
(A fotZ)
A
Garfield County Unified Land Use Resolution (2008)
13
Garfield Count Comprehensive Plan (2000)
C
Staff Memorandum (8-19-2009)
D
Application
E
Staff Memorandum (3 -17-2008)
F
Memo from the County Road and Bridge Department dated July 23, 2009
G
Letter from Burning Mountain Fire Protection District dated August 4, 2009
H
Email from Jim Rada, Garfield County Public Health, dated August 10, 2009
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
EXHIBIT
Date Sent: July 22, 2009
Comments Due: July 31, 2009
Name of application: Rodreick SUP Amendment
Sent to: Garfield County Road & Bridge
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff Contact: Thomas Veljic
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Department has no objection to this
a• s lication with the followin • comments. _
The driveway access requirement is exempt for this application as a driveway access
already exists and is in use.
All vehicles hauling equipment and materials for this application shall abide by Garfield
County's oversize/overweight permit system. All vehicles requiring oversize/overweight
permits shall apply for them at Garfield County Road & Bridge Department. All vehicles
applying for oversize/overweight permits shall have on file with Garfield County Road &
Bridge Department a letter from Bill Barrett Corp. stating said vehicles can obtain
oversize/overweight permits under their bond on file with Garfield County.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date July 23, 2009
Revised 3/30/00
Burning Mountains Fire Protection District
burningmntsfpd iimsn.com
Thomas Veljic
Garfield County Planning Dept.
Rodreick SUP Amendment
Thomas:
After reviewing the proposed Rodreick SUP Amendment, additional water tank storage,
Burning Mountains Fire Protection District has no comments or additional requirements to this
application.
August 4, 2009
n
EXHIBIT
BOARD OF t)IRECTORS
Orrin D. Moon
Asst. Fire Marshal
Burning Mountains
Fire Protection District.
Fire Chief, Brit C. McLin
Station #1
Administration
POBox2
611 Main Street
Silt, CO 81652
(970) 876-5738
Fax (970) 876-2774
3-.
Station #2
731 West Main
New Castle, CO
81647
(970) 984-3412
Station #3
5255 CR 335
New Caste, CO
81647
(970) 984-3323
President, Karen Maddalone-Cochran Treasurer, John W. Gredig
Secretary, John Moore Jr. Director,
Director, Robert Thrower
Tom Veljic
From: Jim Rada
Sent: Monday, August 10, 2009 11:10 AM
To: Tom Veljic
Subject: MPAA6009 Rodreick SUP Amendment
Attachments: Jim Rada (jrada@garfield-county.com).vcf
Tom,
It appears that BBC has emission control equipment on this site already should they be required to use it. By
the looks of the evaluation they have done, they will need to file and APEN with CDPHE but will likely be
exempt from permitting and any emission control regulation at this point.
I have no other concerns at this time.
Jim Rada, REh5
Environmental Health Manager
Garfield County Public Health
195 W 14th Street
Rifle, CO 81650
Phone 970-625-5200 x8113
Cell 970-319-1579
Fax 970-625-8304
Email jradaRgarfield-county.com
Web www.garfield-county.com
