HomeMy WebLinkAbout5.0 BOCC Staff Report and Exhibits 07.14.2014Board of County Commissioners – July 14, 2014 (continued from May 12, 2014) Exhibits – TXTP 7733
LETTER EXHIBIT
A Public notice documents
B Garfield County Land Use and Development Code
C Garfield County Comprehensive Plan 2030, as amended
D Application
E Letter from Phil Vaughan Construction Management Inc, dated October 2, 2013
F Letter from Western Slope Colorado Oil and Gas Association, dated February 7,
2014
G Letter from Western Slope Colorado Oil and Gas Association, date February 26,
2014
H Planning Commission Staff Report dated March 12, 2014
I Planning Commission Staff Presentation dated March 12, 2014
J Email from Phil Vaughan dated April 24, 2014
K COGCC Pertinent Notification Rules as provided by COGCC Staff
L COGCC Oil and Gas Location Assessment as provided by COGCC Staff
M BOCC Staff Report dated July 14, 2014
N BOCC Staff Presentation dated July 14, 2014
O Email from Phil Vaughan Construction Management Inc, date July 14, 2014
Ad Name: 10027762A
Customer: Garfield County Building
Your account number is: 1008693
PROOF OF PUBLICATION
THE RIFLE CITIZEN TELEGRAM
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Jim Morgan, do solemnly swear that I am General
Manager of The Rifle Citizen Telegram, that the same
weekly newspaper printed, in whole or in part and
published in the County of Garfield, State of Colorado,
and has a general circulation therein; that said newspaper
has been published continuously and uninterruptedly in
said County of Garfield for a period of more than fifty-
two consecutive weeks next prior to the first publication
of the annexed legal notice or advertisement; that said
newspaper has been admitted to the United States
mails as a periodical under the provisions of the Act of
March 3, 1879, or any amendments thereof, and that
said newspaper is a weekly newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
3/20/2014 and that the last publication of said notice
was dated 3/20/2014 the issue of said newspaper.
In witness whereof, I have here unto set my hand this
03/24/2014.
___________________________
Jim Morgan, General Manager
Publisher Subscribed and sworn to before me, a
notary public in and for the County of Garfield, State
of Colorado this 03/24/2014.
________________________________
Pamela J. Schultz, Notary Public
My Commission expires:
November 1, 2015
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Page 1 of 2
October 2, 2013
Ms. Tamra Allen
Planning Manager
Garfield County Community Development Department
108 8th Street, Suite 401 Glenwood Springs, CO 81601
Sent via email: tallen@garfield-county.com
Dear Ms. Allen,
Please find below comments and questions regarding the text amendments to the Garfield
County Land Use and Development Code (LUDC) posted on the Garfield County website noted
as “Exhibit E” for the October 9, 2013 Garfield County Planning Commission hearing.
I will be in attendance for the 10/9/13 hearing as well.
Article 4: Application and Review Procedures
Article 4- Page 4-26. Section 4-203.B.3.b. Amended language is being proposed stating “A list
of mineral estate owners in the subject parcel, their name, and the mailing address for each owner or lessee.” I would recommend that the minerals ownership be provided for the portion of
the project where the proposed use will be conducted. This is especially important on large
parcels where the development is to occur on 25 acres of a 600 acre parcel.
Article 14: Areas and Activities of State Interest
Page 14-20. Section 14-404. Proposed language has been included for “Additional submittal
requirements applicable to municipal and industrial water projects”. In 2012 and 2013 I made an
inquiry to Garfield County if this language for “industrial water projects” under the 1041 powers
includes facilities such as centralized exploration and production waste facilities operated by oil and gas companies. Garfield County indicated that this type of E&P waste facility does not fit in
the 1041 regulatory realm, but is defined as a “Water Impoundment”. I would request
clarification of this issue again by Garfield County within the LUDC so that this issue is clear.
Page 2 of 2
Article 15- Definitions
I had recommended at the 7/15/13 Garfield County Board of Commissioners hearing that the following Colorado Oil and Gas Conservation Commission definition of “oil and gas location” be added to article 15 for further clarification. The term “oil and gas location” is noted within
the proposed definition of “Oil and Gas Drilling and Production”.
“Oil and Gas Location shall mean a definable area where an operator has disturbed or intends to disturb the land surface in order to locate an oil and gas facility.”
If you have questions or comments, please do not hesitate to call our office at (970) 625-5350.
Sincerely, Phil Vaughan Construction Management, Inc.
Philip B. Vaughan
President
February 7, 2014
Garfield County Planning Commission C/O Garfield County Planning Department
RE: Delivered Electronically
Dear Planning Commissioners:
Members of the West Slope Colorado Oil & Gas Association appreciate the time, energy and efforts you invest in our community through service on the Garfield County Planning Commission. We understand the Planning Manager and natural gas industry and other stakeholders have discussed amending Article 15 of
the Land Use and Development Code. This proposed amendment is in relation definitions for oil and gas drilling and production operations. We applaud your continual efforts to ensure Garfield County’s code is a
current and effective regulatory document. On behalf of the natural gas exploration and production companies in Garfield County we request the Planning Commission provide a 30-day continuance in consideration of the proposed amendment. This
additional time will allow stakeholders to develop a proposed amendment that strengthens the code and creates a workable language for all relevant parties.
Thanks for your consideration.
Sincerely,
David Ludlam Executive Director
West Slope Colorado Oil & Gas Association
CC: Garfield County Board of Commissioners
Garfield County Community Development Department
PO Box 89
Grand Junction, CO
81502
Phone 970 433 2178
info@WSCOGA.org
WWW.WSCOGA.ORG
February 26, 2014
Garfield County Planning Commission C/O Garfield County Planning Department
RE: Delivered Electronically
As you know the natural gas industry in Western Colorado is often referred to by the homogenous term
“the industry.” Despite perceptions member companies are incredibly diverse and have very different operational models and practices. For this reason we greatly appreciate your willingness to defer last month’s consideration of amendments to the drilling and production definitions.
Please accept this letter as our collective support for the proposed language that incorporates the 5,000 barrel limit on Oil and Gas Drilling and Production locations and excludes tanks with a total volume of
5,000 barrels from the definition of Water Impoundment. Thank you for your continued patience that allowed an extended review of the language and its implications for our operations. Thanks for your consideration.
Sincerely,
David Ludlam Executive Director
West Slope Colorado Oil & Gas Association
CC: Garfield County Board of Commissioners
Garfield County Community Development Department
PO Box 89
Grand Junction, CO
81502
Phone 970 433 2178
info@WSCOGA.org
WWW.WSCOGA.ORG
1 | Page
PROJECT INFORMATION AND STAFF ANALYSIS
TYPE OF REVIEW: Text Amendment Article 15, Oil and Gas Drilling and Production Definition
APPLICANT: Board of County Commissioners
DATE: March 12, 2014
I. PROPOSAL DESCRIPTION
The Board of County Commissioners (“Board”) has requested an amendment to the Land Use and
Development Code, as amended for Article 15 in regard to the Oil and Gas Drilling and Production
Definition. At the July 15, 2013 adoption of the revised land use code, Phil Vaughan of Phil Vaughn
Construction Management, Inc, requested that the Board change the definition of Oil and Gas Drilling
and Production as follows:
In July of 2013, a request was made to Garfield County to modify the County’s Oil and Gas Drilling and
Production definition, a use that is a by-right use in the County. The BOCC decided to adopt the balance
of the code changes, but directed staff to initiate an additional text amendment process to address the
Oil and Gas Drilling and Production proposed definitional change. The initial requires from Vaughn was
to modify the definition as follows:
Oil and Gas Drilling and Production. Any operation on a COGCC-approved well location utilizing
equipment that advances a borehole into substrata for the purpose of discovery, development, and/or
production of oil or gas, including all surface facilities associated with such operations. These facilities
include produced water pits or tanks condensate tanks, storage, separation, treating, dehydration,
power supply, pumping, metering, monitoring, flowline and other equipment directly associated with oil
and gas wells.
II. BACKGROUND
At the December 11, 2013, Planning Commission meeting, sufficient public notice was established and
staff requested a continuance due to a need to work with Industry representatives on the refinement of
the definition.
In December, County staff worked with Phil Vaughan, as well as representatives from Oxy, to both
understand the need for the definitional change as well as to construct an amendment that is reflective
of the objectives of those requesting the change. Based on that work, Vaughn and Oxy have proposed
a revised draft of the definition, as proposed below.
The proposed changes also impact the verbiage associated with Water Impoundments, therefore
additional redlines have also been proposed to this definition.
Staff has also solicited input from other Industry representatives in correspondence sent on January
13th. A request was received prior the scheduled hearing on February 12th to continue the text
amendment for 30 days. The Planning Commission approved a motion to continue the hearing to March
12th. On February 26th, staff received a letter from Western Slope Colorado Oil and Gas Association that
there was collective support for the definition, as proposed by Oxy and their representative, as follows:
2 | Page
Oil and Gas Drilling and Production. Any operation on a COGCC-approved well location
utilizing equipment that advances a borehole into substrata for the purpose of
discovery, development, and/or production of oil or gas, including all surface facilities
associated with such operations. These facilities include produced water pits or tanks
and condensate tanks with a total tank volume of 5,000 barrels or fewer, storage,
separation, treating, dehydration, power supply, pumping, metering, monitoring,
flowline and other equipment directly associated with oil and gas wells. These facilities
exclude all uses that are otherwise specifically defined by this Code.
Water Impoundment. Confined water such as surface pits or ponds, wastewater
treatment settling ponds, surface mining ponds, detention and retention ponds,
artificial lakes and ponds (not related to agriculture), and produced water and
condensate tanks. Water impoundment excludes tanks with a total tank volume of
5,000 barrels or fewer on a well pad used exclusively for activities associated with Oil
and Gas Drilling and Production and Injection Wells.
III. STAFF ANALYSIS –CRITERIA FOR A TEXT AMENDMENT
Section 4-114 outlines the procedures and
criteria for consideration of a Land Use
Code Text Amendment request to the Land
Use and Development Code. The criteria
for approval of a Land Use Code Text
Amendment are as follows:
1. The proposed text amendment is in
compliance with any applicable
Intergovernmental Agreements.
There are no intergovernmental
agreements impacted by the proposed text
amendment.
2. The proposed text amendment does not
conflict with State Law.
The Colorado Revised Statute Title 30,
Article 28, Section 133, as amended, provides
for the approval of subdivision plans and plats,
and the adoption of regulations governing
such plans and plats by the Board of County
Commissioners for the unincorporated areas
of Garfield County, Colorado. This proposed
text amendment is in compliance with this
statutory provision.
Figure 1: 4,000 Barrels
Figure 2: 5,000 Barrels
3 | Page
In addition to the formal criteria for reviewing a text amendment, it is important to consider what may
result from the definitional change in the way of land use patterns and development. In brief, the
modification to the definition would expand the ability of Industry to construct “consolidated and/or
centralized” facilities off a well pad (so long as they relate to the advancement of the borehole) and that
those uses would be uses by-right. This would be significant departure from how the County has
historically reviewed these types of facilities. The County has historically reviewed any kind of
“centralized” facility on or off the well pad. If changed as proposed, the limitation to the facility (both
on and off the pad) would be limited to 5,000 barrels. These barrels often hold produced water or
condensate and may previously have been consider Tanks or Water Impoundments and review as such.
Figure 3: 6,000 Barrels
V. PLANNING COMMISSION RECOMMENDATION AND FINDINGS
The Planning Commission should review the application, conduct a public hearing, and motion to
recommend approval, approval with modifications, denial, or continuance of this text amendment. If
the recommendation is to approve, the Planning Commission must make a finding of compliance with
the criteria for a text amendment Section 4-114 (C)(1) and (2).
Oil and Gas Drilling and
Production Definition
Article 15
Text Amendment
March 12, 2014
Planning Commission
Current Definition
Proposed Definition
•Oil and Gas Drilling and Production. Any operation on a COGCC-approved well location utilizing equipment that advances a borehole into substrata for the purpose of discovery, development, and/or production of oil or gas, including all surface facilities associated with such operations. These facilities include produced water pits or tanks and condensate tanks with a total tank volume of 5,000 barrels or fewer, storage, separation, treating, dehydration, power supply, pumping, metering, monitoring, flowline and other equipment directly associated with oil and gas wells. These facilities exclude all uses that are otherwise specifically defined by this Code.
Proposed Definition
•Water Impoundment. Confined water such as
surface pits or ponds, wastewater treatment
settling ponds, surface mining ponds, detention
and retention ponds, artificial lakes and ponds
(not related to agriculture), and produced water
and condensate tanks. Water impoundment
excludes tanks with a total tank volume of 5,000
barrels or fewer on a well pad used exclusively
for activities associated with Oil and Gas Drilling
and Production and Injection Wells.
Previous Definition (prior to 7/15)
Issues?
•Well vs. Location?
Issues?
•Uses that may become by-right? (“not
otherwise specifically defined by the Code”)
–Other typical activities on well pad that could be “centralized” but not subject to a barrel
size restriction:
–Drill cuttings/treatment (storage/processing)
–Staging Areas
–Produced or freshwater ponds
–Amine treatment facility
–Water treatment facility
–Gas treatment facilities (dehydration, removal of Co2, water and liquefiable
hydrocarbons)
SemCrude 2007
10 – 400 barrel tanks (condensate)
WPX centralized facilities
•Condensate tanks
•Separators
•Dehydration Units
Issues?
•Governor’s on Size?
–Other size issues
beside tank size?
4,000 Barrels
5,000 Barrels
6,000 barrels
Other Uses?
•Example: Soil Treatment
•For example, a company could propose a “land farm” to treat and reuse soils that had been contaminated with petroleum hydrocarbons in the natural gas development process. The proposal may include hauling contaminated soil to a specific property (Material Handling), storing it on-site (Storage) then using the property as a centralized treatment facility for impacted soils from the energy company’s well sites and other exploration and production (E&P) facilities.
Other Uses?
•Example: Drill Cuttings
•With the more common use of closed-loop
drilling systems, many companies are utilizing
centralized facilities for the management of drill
cuttings. These facilities are considered as
“Storage” by the County and, if any treatment is
associated with the facility, “Processing” may also
be applicable. Drill cutting treatment on an
approved APD does not require a County land use
permit.
Other Uses?
•Example: Gas Processing/Treatment Facilities
•Where an operator proposes to construct a natural gas processing or treatment facility intended to treat and transport natural gas, it is defined as “Material Handling and Processing.” these facilities typically include 1) a Master Control Center that houses process control equipment that also provides limited storage for instruments and tools; 2) insulated buildings constructed to house the compressors and generators for the project; and 3) a variety of gas treatment facilities that are intended to condition the gas prior to sending it to market. Treatment includes dehydration, removal of CO2, water, and liquefiable hydrocarbons.
Other Uses?
•Example: Produced water
•As natural gas drilling generates large amounts of water from the drilling, completion and production processes as a by-product some operators have preferred to transport this water to storage ponds either for treatment and discharge, for reuse in drilling and completion processes or for disposal in a disposal well or other permitted methods. Additionally, operators will construct fresh water storage ponds for use in their drilling operations. The County defines these facilities as “Water Impoundments.” Typically, these are large centralized facilities that serve many well drilling or completion operations.
Section 4-114
•Criteria for Approval.
–1. The proposed text amendment is in
compliance with any applicable
Intergovernmental Agreements.
–2. The proposed text amendment does not
conflict with State Law.
1
Tamra Allen
From:Phil Vaughan [phil@pvcmi.com]
Sent:Thursday, April 24, 2014 1:49 PMTo:Tamra Allen; Fred Jarman; 'Moss, Brad'; 'Bittner, Tyler'; 'Ashlee Fechino'Cc:Kirby Wynn; Philip VaughanSubject:RE: Meeting on O&G Definition
Tamra,
I hope that you are doing well today.
I have conferred with WPX Energy and I received a voice mail from Fred Jarman last Friday as well.
We concur with the recommendation that the County Commissioners refer the definition back to the Planning
Commission for review.
We can schedule a meeting date between WPX Energy and you, Fred and Kirby as the group’s schedule allows.
Thank you and please contact me with questions.
Sincerely,
Phil Vaughan
Phil Vaughan Construction Management, Inc.
1038 County Road 323
Rifle, CO 81650
970‐625‐5350
From: Tamra Allen [mailto:tallen@garfield-county.com]
Sent: Thursday, April 24, 2014 8:54 AM
To: Phil Vaughan; Fred Jarman; 'Moss, Brad'; 'Bittner, Tyler'; Ashlee Fechino
Cc: Kirby Wynn
Subject: RE: Meeting on O&G Definition
Phil – Have you been able to receive feedback yet on the approach you all would like to take in regard to the oil and gas
drilling and production definition? Please let me know how you would like to proceed, at your earliest convenience.
Thank you,
Tamra Allen, Planning Manager Garfield County Community Development Department tallen@garfield-county.com 970-945-8212 (office) 970-945-1377 x1630 (direct)
From: Phil Vaughan [mailto:phil@pvcmi.com]
Sent: Wednesday, April 16, 2014 10:31 AM
To: Fred Jarman; 'Moss, Brad'; 'Bittner, Tyler'; Ashlee Fechino
2
Cc: Tamra Allen; Kirby Wynn
Subject: RE: Meeting on O&G Definition
Fred, Tamra and Kirby,
Thank you for taking time to meet yesterday.
Fred,
Thank you for the email.
I will get back in touch with you later this week or early next week once I hear back from Brad Moss, Tyler Bittner and
Ashlee Fechino regarding the approaches below.
Sincerely,
Phil Vaughan
Phil Vaughan Construction Management, Inc.
1038 County Road 323
Rifle, CO 81650
970‐625‐5350
From: Fred Jarman [mailto:fjarman@garfield-county.com]
Sent: Wednesday, April 16, 2014 9:49 AM
To: Moss, Brad; Bittner, Tyler; Lane, Ashlee; Phil Vaughan
Cc: Tamra Allen; Kirby Wynn
Subject: Meeting on O&G Definition
Brad, Tyler, Ashlee and Phil,
Thank you for taking the time to get together yesterday to discuss the O&G Drilling & Production definition. As we left it
(and referring to the concepts discussed on the white board (captured below)), we all agreed that the definition as
currently proposed by the Planning Commission to the BOCC set for May 12 is problematic and does not serve the
intended purpose as characterized in “scenario III” below.
Based on what we covered, Phil requested to meet specifically with Tamra and Kirby for the purpose of crafting
language that better addresses WPX’s intended needs while, at the same time, provides the necessary protections
against unintended consequences due to its overly broad nature and inability (with the exception of produced water
tanks) to address scale / impact issues.
So, moving forward, it appears there are the following approaches:
1) Proceed directly to the BOCC on May 12 with the Planning Commission’s current formal recommendation. This
would include a reiteration of the discussion we had at yesterday’s meeting which will include Staff’s position
(planning and legal) to the BOCC.
2) On May 12, request the BOCC send the text amendment back to the Planning Commission for a hopeful revised
recommendation based on language that might be crafted by Garco / WPX together in the near future.
Please let me know your thoughts.
Regards,
Fred
3
Fred A. Jarman, AICP
Director, Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
970.945.8212 (Office)
970.987.1811 (Cell)
www.garfield‐county.com
1 | Page
PROJECT INFORMATION AND STAFF ANALYSIS
TYPE OF REVIEW: Text Amendment Article 15, Oil and Gas Drilling and Production Definition
APPLICANT: Board of County Commissioners
DATE: July 14, 2014
I. PROPOSAL DESCRIPTION
In July of 2013, a request was made to Garfield County to modify the County’s Oil and Gas Drilling and
Production definition, a use that is a by-right use in the County. The Board of County Commissioners
(“Board”) decided to adopt the balance of the code changes, but directed staff to initiate an additional
text amendment process to address the Oil and Gas Drilling and Production proposed definitional
change. The initial request from Phil Vaughn was to modify the definition as follows:
Oil and Gas Drilling and Production. Any operation on a COGCC-approved well location
utilizing equipment that advances a borehole into substrata for the purpose of
discovery, development, and/or production of oil or gas, including all surface facilities
associated with such operations. These facilities include produced water pits or tanks
condensate tanks, storage, separation, treating, dehydration, power supply, pumping,
metering, monitoring, flowline and other equipment directly associated with oil and gas
wells.
II. BACKGROUND
At the December 11, 2013, Planning Commission meeting, sufficient public notice was established and
staff requested a continuance due to a need to work with Industry representatives on the refinement of
the definition.
A public hearing was held by the Planning Commission on March 12, 2014 at which time
industry representatives introduced the following definition for review and discussion:
Oil and Gas Drilling and Production. Any operation on a COGCC-approved well location
utilizing equipment that advances a borehole into substrata for the purpose of
discovery, development, and/or production of oil or gas, including all surface facilities
associated with such operations. These facilities include produced water pits or tanks
and condensate tanks with a total tank volume of 5,000 barrels or fewer, storage,
separation, treating, dehydration, power supply, pumping, metering, monitoring,
flowline and other equipment directly associated with oil and gas wells. These facilities
exclude all uses that are otherwise specifically defined by this Code.
After subsequent review and significant discussion, the Planning Commission recommended to the
Board the following definition:
Oil and Gas Drilling and Production. An operation on a contiguous COGCC-Permitted
location utilizing equipment that advances a borehole into substrata for the purpose of
discovery, development, and/or production of oil or gas, including all surface facilities
associated with such operations. These facilities include, but are not limited to,
2 | Page
produced water pits or tanks and condensate tanks with a total tank volume of 5,000
barrels or fewer, storage, separation, treating, dehydration, power supply, pumping,
metering, monitoring, flow line and other equipment directly associated with oil and gas
wells and as defined by COGCC 100-Series Rules-Definitions and Rule 902: Pits General
and Special Rules, which include Drilling pits, Production Pits, Reserve Pits, Multi-well
Pits, and Special Purpose Pits; most of which can include the storage and/or disposal of
Produced Water, but may also include other solids and liquids such as drill cuttings,
fresh water, etc. . These facilities exclude all uses that are otherwise specifically defined
by this Code.
On May 12, 2014, the Board met and opened a public hearing after it was established that proper notice
had been completed. At that time, staff requested that the definition be reconsidered by the Planning
Commission at the next available meeting in order to construct a definition that more adequately
address outstanding Industry and County concerns. The Board unanimously agreed to seek further
recommendation and input from the Planning Commission.
Since then, County staff has continued to work with representatives of WPX, Bill Barrett and Western
Slope of Colorado Oil and Gas Association (WSCOGA) to understand the need for the definitional change
as well as to understand the differences that the changes would have regarding how the County
currently regulates oil and gas activities as well as what types of impacts might occur from proposed
change.
The Planning Commission met on June 11, 2014 to re-review the proposed language for the oil and gas
drilling and production definition. The resultant recommendation from this meeting can be found at the
end of this staff report under section VII. Planning Commission Recommendation.
III. STAFF ANALYSIS
There are three critical issues that are the crux of the requested change: 1) creating an off-pad
location for the placement of appurtenant equipment and facilities, 2) being able to centralize
some types of uses associated with drilling and production and have them considered as by-
right uses, and 3) the potential size of those centralized equipment and facilities. Each of these
issues are discussed below.
1) Creating an off-pad location for the placement of appurtenant equipment and facilities
A critical change in the definition is the term “well location” (well pad) to just “location.”
Historically the County has allowed as a by-right use (Figure 1) all activities related to drilling and
production so long as they occurred on the traditional “well location” (Figure 2).
3 | Page
Figure 1: Use Table, Permitted of "by-right" use
Figure 2: Typical "well pad" or “well location”
Industry has represented that as technologies have changed, there is a greater benefit (for both
efficiency, environmental and often land-owner issues) to centralize the appurtenant and
accessory equipment and facilities onto a site that is often not at the location at which the well
heads have been established. These appurtenant equipment and facilities are in simple terms
the things on site that are necessary for producing the well over the course of the well’s life such
as condensate tanks, produced water tanks, and dehydration units. In practice, this site may be
adjacent to the pad or separated by significant distance (see Diagrams 2 and 3 on next page).
This site could either be used to provide services for one well (Diagram 2) or to provide
“centralized” services for multiple wells (Diagram 3). To note, the COGCC considers many sites
Dehydration units
Condensate/Produced
water tanks
Well heads
4 | Page
to be “Locations” which range from the typical well pad to complex sites such as treatment
facilities and drill cutting trenches. These locations are generally permitted through a Form 2A
process of which more information on this process can be found on page 10.
The following diagrams have been created to help illustrate the relationship between the well head and
the appurtenant facilities and equipment used in the drilling and production of natural gas wells.
5 | Page
DIAGRAM 1. TYPICAL WELL
PAD/LOCATION
Diagram of Figure 1 and the historic
and current relationship between a
well pad and its appurtenant
equipment/facilities. The dots
represent well heads, the boxes
represent typical dehydration units,
and the circles represent typical
produced water and condensate tanks
(generally 400 to 500 barrels each).
Regulation Today: By-right
Proposed Text Change: By-right
DIAGRAM 2: ONE PAD TO ONE LOCATION
Diagram of the relationship between a well pad
and its appurtenant equipment/facilities when
the equipment/facilities are not located on the
pad. Many sites similar to this exist in the
County and have not typically been permitted
despite the equipment/facilities not being
located on the traditional well pad.
Regulation Today: Reviewed as use is defined
in the Code ( e.g. water impoundment,
processing, material handling, storage, etc)
Proposed Text Change: By-right
DIAGRAM 3. MANY PADS TO ONE
“CENTRALIZED” LOCATION
Diagram of the relationship between
several well pads and their appurtenant
equipment/facilities when the
equipment/facilities have been centralized
into one location.
Regulation Today: Reviewed as use is
defined in the Code ( e.g. water
impoundment, processing, material
handling, storage, etc)
Proposed Text Change: By-right
6 | Page
2) Being able to centralize some types of uses associated with drilling and production and have them
considered as by-right uses.
Diagram 3 shows how there could be multiple well pads with separate Locations that contain the
appurtenant equipment and facilities necessary for drilling and production. This would change the basic
relationship between where the well head sits and where the equipment and facilities are located. Only
when the equipment/facilities have been located on the same well pad site has the County reviewed
them as by-right uses.
In understanding the existing definition for Oil and Gas Drilling and Production, it is important to
understand that the by-right uses have been only the equipment and facilities that are directly related
to “advancing a borehole into substrata for the purpose of discovery, development, and/or production.”
By recognizing that equipment/facilities have to be directly related to drilling and then producing the
well, it eliminates the concern that uses such as treatment facilities (e.g. gas and amine) would become
by-right uses.
During the March 12, 2014 hearing, staff presented a number of uses that may become by–right uses if
the definition was broadened to include a “location” versus “well pad.” The issue in this being that the
modified definition would allow the uses and facilities to be centralized which could significantly
increase the size and scale of the off-pad uses (Diagram 3). Presently, the natural limitation of size and
scale is directly related to the number of wells that can be drilled from an individual pad. As well, the
County views a well pad as an industrial site, and has made the distinction that it is appropriate and
necessary to have appurtenant industrial equipment and facilities also on this site. Creating a separate
location would be creating a new industrial site and new disturbance. Industry has indicated that the
allowance to create a new disturbance will in turn allow pad sites to be reduced in size.
The list presented on March 12th included the following potential uses that the COGCC considers a
“location” and included drill cuttings (treatment, storage and processing), staging areas, produced or
fresh water ponds, amine treatment facility, water treatment facility, and gas treatment facilities. All of
these uses are independently regulated by the County and undergo some level of review due to the size,
scale and potential impacts of the types of facilities. Staff was concerned that these uses may instead
become by-right uses within the County. In working with Industry, these uses were reviewed and the
following was discussed to show that they could not be confused with already regulated uses.
Gas and Amine Treatment Facility – These facilities are part of the “mid-stream” activities and
are therefore not considered to be directly related to “advancing the borehole.” These uses
would continue to be reviewed by the County as “Processing.”
Water Treatment Facility – A facility that is located off of a well pad and “centralized” to serve
more than one location and is utilized to treat produced water would be considered a Water
Impoundment under the Code and reviewed as such (see Figure 3).
7 | Page
Figure 3: Water Treatment Facility
Produced or fresh water ponds /tanks – A pond or tank located off of a well pad and
“centralized” to serve more than one location would be considered a Water Impoundment
under the Code and reviewed as such. Industry has requested that the threshold for review be
set at 5,000 barrels whereby any pond/tank less than 5,000 barrels would be a by-right use (see
Figure 4). Industry has met several times to discuss the barrel limitation and has agreed that
5,000 barrels suits most of their needs, and recognizes that in some cases, they would exceed
this 5,000 barrels and be required to seek a permit. In addition, 5,000 barrels was used as a
similar threshold for injections wells that was used as a governor to require a more intensive
level of review.
Staging Areas – a staging area would be considered Storage under the Code and reviewed as
such.
8 | Page
Figure 4: 6,000 Barrels – each tank is 500 barrels.
Drill Cuttings – A facility that is located off of a well pad and “centralized” to serve more than
one location in the current code is considered a Solid Waste Disposal Site and Facility and/or
Material Handling. Industry has noted that drilling cuttings and the disposal are directly related
to advancing the borehole and should be considered a by-right use when it occurs both on and
off the well pad. Industry has described drill cutting as generally being benign in organic
compounds and accumulating at a rate of approximately 500 cubic yards per well. The state
regulates drill cuttings, requiring sampling and demonstration of constituent properties
consistent with COGCC regulations including Table 9.10-1. WPX has represented that when drill
cutting management areas are located off pad in their operations, they generally range in size
from 3 to 7 acres, can hold up to 100,000 cubic yards and are developed for a period of less than
3 years (see Figure 5). An example of on-pad drill cuttings are is shown in Figure 6.
Figure 5: drill cuttings on separate Location
6,000 5,000 4,000 3,000
9 | Page
Figure 6: Drill Cuttings on well pad
3) The size of those centralized equipment and facilities
As discussed previously under produced or fresh water ponds/tanks, there is a concern about the size
and scale of a use when it may be allowed to “centralize” as depicted in Diagram 3. When allowed to
centralize a use (that is directly related to advancing the borehole) that use may have impacts such as
visual, odor, noise, traffic, and environmental on adjacent property owners. In regard to tanks, Industry
has offered that a governor of 5,000 barrels be a limitation on the size in which a by-right use can reach
before requiring County review. It may be appropriate to recommend other limitations on size such as
cubic yards of drilling cuttings, etc. These limitations are contemplated in Staff Recommendation, Option
2.
IV. RELATIONSHIP TO COGCC REGULATIONS
The COGCC uses the Form 2A to review most facilities that the County would consider to be directly
related to advancing the borehole. These locations can be on-pad (well head) locations as well as other
off-pad sites that accommodate appurtenant facilities and equipment. At the March 12th meeting, there
were several questions that arose in regard to the process the State uses to review an oil and gas facility
using its submittal Form 2A. COGCC staff has represented the process as follows:
10 | Page
Steps COGCC
(FORM 2A Process)
County
(Admin, LIR and MIR process)
Pre-action Pre-notice to property owners within
1,000 feet (if in Urban Mitigation Area)
30 days before submittal
Pre-application conference with County
Completeness
Review
Conducted within 10 days. Application
posted on website
Conducted within 10 or 20 days. Application
available at County office
Notice Operator provides notice to all
property owners within 500 feet and
all Building Unit owners within 1,000
feet of edge of facility for a 20 day
comment period. COGCC provides
notice to operator and LGD
Applicant provides notice to all property
owners within 200 feet of project parcel for a
period of either 15 or 30 days in advance of
decision
Referral COGCC refers application to LGD, CPW,
CDPHE
County refers application to agencies such as
LGD (oil and gas liason), Environmental
Health, Road and Bridge, Vegetation
Manager, Engineer, Fire Protection District,
CDPHE, CPW, DWR, and local groups such as
municipalities, BMA, BMCC, etc
Public
Comments
Public can submit online, email or
written comments to the State. COGCC
works with operator to address public
and referral comments through
conditions of approval. LGD can
request that a public meeting be held
in advance of decision
Public can submit emailed or written
comments to the County. County works with
Applicant to address public and referral
comments through conditions of approval.
Approval
Process
Review application, review comments,
Make decision with conditions
Review application, review comments, make
recommendation with conditions or decision
to approve with conditions. Possible Public
hearing in front of PC and/or BOCC
Appeal
process
10 day appeal period to the State
before issuance of permit
10 days to call-up an Admin decision to BOCC.
Court appeal for LIR and MIR
Timeline Not less than 21 days. Approx. 45 days
for average approval
Approx. 30 days for Admin, 90 days for LIR,
120 for MIR
V. LUDC TEXT AMENDMENT CRITERIA
Section 4-114 outlines the procedures and criteria for consideration of a Land Use Code Text
Amendment request to the LUDC. The criteria for approval of a Land Use Code Text Amendment are as
follows:
1. The proposed text amendment is in compliance with any applicable Intergovernmental
Agreements.
There are no intergovernmental agreements impacted by the proposed text amendment.
2. The proposed text amendment does not conflict with State Law.
11 | Page
The Colorado Revised Statute Title 30, Article 28, Section 133, as amended, provides for the
approval of subdivision plans and plats, and the adoption of regulations governing such plans
and plats by the Board of County Commissioners for the unincorporated areas of Garfield
County, Colorado. This proposed text amendment is in compliance with this statutory provision.
The Planning Commission should again review this material and, after discussion, provide a
recommendation to the Board in regard to a definitional change to the Land Use and Development
Code.
VI. STAFF RECOMMENDATION
Staff believes there are not significant issues with allowing off-pad facilities to develop so long as the
relationship remains one-to-one (as shown in Diagram 2). Staff does have some concern that there may
be a desire for the County to continue to review and permit facilities that are centralized (Diagram 3),
due to potential size, scale and impact issues when proximate to residential development. Based on
staff’s analysis and understanding of the definition and proposed modifications, staff recommends the
following options:
Option 1: Allow for off pad locations of equipment and facilities so long as they are reviewed and
approved by the County. Due to the issue largely being that the centralized facilities may cause impacts
to adjacent residential properties, Staff has suggested that individual wells with an associated location
(one-to-one, Diagram 2) be allowed a by-right uses, however centralized location be reviewed as a
limited impact within residential zone districts and as a by-right use in resource lands and industrial zone
districts. Should the Planning Commission support this option, the following amendments to the LUDC
should be considered:
Oil and Gas Drilling and Production, Individual Any operation on a COGCC-approved
well location that is directly tied to one well pad, utilizing equipment that advances a
borehole into substrata for the purpose of discovery, development, and/or production
of oil or gas, including all surface facilities associated with such operations. These
facilities include produced water pits or tanks and condensate tanks, storage,
separation, treating, dehydration, power supply, pumping, metering, monitoring,
flowline, drill cuttings, and other equipment directly associated with oil and gas wells.
These facilities exclude all uses that are otherwise specifically defined by this Code.
Oil and Gas Drilling and Production, Centralized Any operation on a COGCC-approved
well location that is directly tied to more than one well pad, utilizing equipment that
advances a borehole into substrata for the purpose of discovery, development, and/or
production of oil or gas, including all surface facilities associated with such operations.
These facilities include produced water pits or tanks and condensate tanks, storage,
separation, treating, dehydration, power supply, pumping, metering, monitoring,
flowline, drill cuttings, and other equipment directly associated with oil and gas wells.
Water Impoundment. Confined water such as surface pits or ponds, wastewater
treatment settling ponds, surface mining ponds, detention and retention ponds,
artificial lakes and ponds (not related to agriculture), and produced water and
12 | Page
condensate tanks. Water impoundment excludes tanks on a well pad used exclusively
for activities associated with Oil and Gas Drilling and Production (Individual and
Centralized), and Injection Wells.
Modify Table 3-403, as shown below:
Option 2: Allow for off pad locations of equipment and facilities so long as there are size
limitations on some of the known uses that could accumulate to significant size. Should the
Planning Commission support this option, the following amendments to the LUDC should be
considered:
Oil and Gas Drilling and Production. Any operation on a COGCC-approved well location
utilizing equipment that advances a borehole into substrata for the purpose of
discovery, development, and/or production of oil or gas, including all surface facilities
associated with such operations. These facilities include produced water pits or tanks
and condensate tanks with a total tank volume of 5,000 barrels or fewer, storage,
13 | Page
separation, treating, dehydration, power supply, pumping, metering, monitoring,
flowline, drill cuttings with a total volume of 100,000 cubic yards or fewer, and other
equipment directly associated with oil and gas wells. These facilities exclude all uses that
are otherwise specifically defined by this Code.
Water Impoundment. Confined water such as surface pits or ponds, wastewater
treatment settling ponds, surface mining ponds, detention and retention ponds,
artificial lakes and ponds (not related to agriculture), and produced water and
condensate tanks. Water impoundment excludes tanks with a total tank volume of
5,000 barrels or fewer on a well pad used exclusively for activities associated with Oil
and Gas Drilling and Production, and Injection Wells.
Solid Waste Disposal Site and Facility. The location and/or facility at which the deposit
and final treatment of solid waste occur excluding drill cuttings sites with a total volume
of 100,000 cubic yards of fewer.
Material Handling. To load and unload in bulk industrial or commercial goods,
materials, and product. Material Handling excludes extraction, processing, fabrication,
or storage of such goods, materials and products, and drill cuttings sites with a total
volume of 100,000 cubic yards of fewer. Material Handling also excludes a transfer
station for construction waste including wood, drywall, metals, paper, plastic and other
types of constructions materials.
Option 3: Allow for off pad locations of equipment and facilities as a by-right use. Should the
Planning Commission support this option, the following amendments to the LUDC should be
considered:
Oil and Gas Drilling and Production. Any operation on a COGCC-approved well location
utilizing equipment that advances a borehole into substrata for the purpose of
discovery, development, and/or production of oil or gas, including all surface facilities
associated with such operations. These facilities include produced water pits or tanks
condensate tanks, storage, separation, treating, dehydration, power supply, pumping,
metering, monitoring, flowline, drill cuttings, and other equipment directly associated
with oil and gas wells.
VII. PLANNING COMMISSION RECOMMENDATION
At a public meeting held on June 11, 2014, the Planning Commission deliberated and
recommended a change the definition that was a hybrid of Staff’s recommended Option 1 and
Option 2. The resultant recommendation was as follows:
Revisions to Article 15, Definitions:
Oil and Gas Drilling and Production, Individual Any operation on a COGCC-approved
well location that is directly tied to one well pad, utilizing equipment that advances a
borehole into substrata for the purpose of discovery, development, and/or production
of oil or gas, including all surface facilities associated with such operations. These
14 | Page
facilities include produced water pits or tanks and condensate tanks, storage,
separation, treating, dehydration, power supply, pumping, metering, monitoring,
flowline, drill cuttings, and other equipment directly associated with oil and gas wells.
These facilities exclude all uses that are otherwise specifically defined by this Code.
Oil and Gas Drilling and Production, Centralized Any operation on a COGCC-approved
well location that is directly tied to more than one well pad, utilizing equipment that
advances a borehole into substrata for the purpose of discovery, development, and/or
production of oil or gas, including all surface facilities associated with such operations.
These facilities include produced water pits or tanks and condensate tanks with a total
tank volume of 5,000 barrels or fewer, storage, separation, treating, dehydration, power
supply, pumping, metering, monitoring, flowline, drill cuttings with a total volume of
100,000 cubic yards or fewer, and other equipment directly associated with oil and gas
wells. These facilities exclude all uses that are otherwise specifically defined by this
Code.
Water Impoundment. Confined water such as surface pits or ponds, wastewater
treatment settling ponds, surface mining ponds, detention and retention ponds,
artificial lakes and ponds (not related to agriculture), and produced water and
condensate tanks. Water impoundment excludes tanks with a total tank volume of
5,000 barrels or fewer on a well pad used exclusively for activities associated with Oil
and Gas Drilling and Production, and Injection Wells.
Solid Waste Disposal Site and Facility. The location and/or facility at which the deposit
and final treatment of solid waste occur excluding drill cuttings sites with a total volume
of 100,000 cubic yards of fewer.
Material Handling. To load and unload in bulk industrial or commercial goods,
materials, and product. Material Handling excludes extraction, processing, fabrication,
or storage of such goods, materials and products, and drill cuttings sites with a total
volume of 100,000 cubic yards of fewer. Material Handling also excludes a transfer
station for construction waste including wood, drywall, metals, paper, plastic and other
types of constructions materials.
Modify Table 3-403, as shown below:
15 | Page
VII. ADDITIONAL STAFF COMMENTS
Should the Board consider adopting the Planning Commission’s recommendation, there are a
few corrections that staff would recommend making to the recommendation for ease of
administration, relevance and consistency. They include:
1) Removing the revisions to Solid Waste Disposal Site and Facility. This would bring the
definition in line with CDPHE standards, which do not consider a drill cutting facility to
be a Solid Waste Disposal Site and Facility.
2) Modifying definition for Material Handling as follows to clarify that the exclusion is only
for Oil and Gas Drilling and Production related activities.
Material Handling. To load and unload in bulk industrial or commercial goods,
materials, and product. Material Handling excludes extraction, processing,
16 | Page
fabrication, or storage of such goods, materials and products, and drill cuttings
sites with a total volume of 100,000 cubic yards of fewer, used exclusively for
activities associated with Oil and Gas Drilling and Production. Material
Handling also excludes a transfer station for construction waste including wood,
drywall, metals, paper, plastic and other types of constructions materials.
3) Removing Compliance to Section 7-1001 for Oil and Gas Drilling and Production,
Centralized. These standards include the following regulations, many of which are not
applicable or not consistent with the typical Oil and Gas Drilling and Production
operation.
These standards shall apply to all industrial uses:
A. Residential Subdivisions.
Industrial uses shall not occupy a lot in a platted residential Subdivision.
B. Setbacks.
All activity associated with these uses shall be a minimum of 100 feet from an adjacent
residential property line, unless the use is on an industrially zoned property.
C. Concealing and Screening.
When an industrial use is not located on an industrial zoned property, all storage,
Fabrication, service, and repair operations shall be conducted within an enclosed
building or have adequate provisions, based on location and topography, to conceal and
screen the facility and/or operations from adjacent property(s).
D. Storing.
1. Materials shall be stored on the property in a form or manner that will
not be transferred off the property by any reasonably foreseeable natural cause
or force.
2. All products shall be stored in compliance with all national, State, and
local codes.
3. Shall be a minimum of 100 feet from an adjacent property line.
4. Petroleum and hazardous products shall be stored in an impervious spill
containment area(s).
E. Industrial Wastes.
All industrial wastes shall be disposed of in a manner consistent with Federal and State
statutes and requirements of CDPHE. Flammable or explosive solids or gases and other
hazardous materials including wastes shall be stored according to the manufacturer’s
standards and shall comply with the national, State, and local fire codes and written
recommendations from the appropriate local fire protection district.
F. Noise.
Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25,
unless the use is regulated by the COGCC. In this case, the use shall be subject to
COGCC rules in regard to noise abatement.
G. Ground Vibration.
Every use shall be operated so that the ground vibration inherently and recurrently
generated is not perceptible without instruments at any point of any boundary line of
the property.
17 | Page
H. Hours of Operation.
Any activity that will generate noise, odors, or glare beyond the property boundaries
will be conducted between the hours of 7:00 a.m .to 7:00 p.m. Monday through
Saturday, or as approved by the decision-making authority.
I. Interference, Nuisance, or Hazard.
Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that
substantially interfere with the existing use of adjoining property or that constitutes a
public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective
painting of storage tanks, or other legal requirements for safety or air pollution control
measures, shall be exempted from this provision.
V. BOCC FINDINGS AND DECISION
Should the Board choose to modify the definition of Oil and Gas Drilling and Production; the following
findings should be considered in any approval motion:
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties
were heard at that meeting.
3. That the Code Text Amendment is in compliance with the criteria for approval
established in Section 4-114 of the Land Use and Development Code; and
4. That for the above stated and other reasons the proposed Code Text Amendment is in
the best interest of the health, safety, convenience, order, prosperity and welfare of the
citizens of Garfield County.
Oil and Gas Drilling and
Production Definition
July 14, 2014
Board of County Commissioners
Background
•July 13, Text amendment requested
•December 11, 2013 PC hearing
•March 12, 2014, PC hearing
•May 12, 2014 BOCC continuance
•June 11, 2014 PC meeting
Previous Definition (prior to 7/15)
Current Definition
Proposed Definition
•Oil and Gas Drilling and Production. Any operation on a COGCC-approved well location utilizing equipment that advances a borehole into substrata for the purpose of discovery, development, and/or production of oil or gas, including all surface facilities associated with such operations. These facilities include produced water pits or tanks condensate tanks, storage, separation, treating, dehydration, power supply, pumping, metering, monitoring, flowline and other equipment directly associated with oil and gas wells.
Existing Review Process
On Pad On Location (Off
Pad/Centralized)
Hydraulic
Fracturing
Remote
Surface
Facility
By-Right
Permit
Required
All other
uses
(including
“centralized”
uses
Surface
facilities for
supporting oil
and gas drilling
and production
By-Right
DIAGRAM 2: ONE PAD TO ONE LOCATION
Diagram of the relationship between a well pad
and its appurtenant equipment/facilities when
the equipment/facilities are not located on the
pad. Many sites similar to this exist in the
County and have not typically been permitted
despite the equipment/facilities not being
located on the traditional well pad.
Regulation Today: Reviewed as use is defined
in the Code ( e.g. water impoundment,
processing, material handling, storage, etc)
Proposed Text Change: By-right
DIAGRAM 3. MANY PADS TO ONE
“CENTRALIZED” LOCATION
Diagram of the relationship between
several well pads and their appurtenant
equipment/facilities when the
equipment/facilities have been centralized
into one location.
Regulation Today: Reviewed as use is
defined in the Code ( e.g. water
impoundment, processing, material
handling, storage, etc)
Proposed Text Change: By-right
DIAGRAM 1. TYPICAL WELL
PAD/LOCATION
Diagram of Figure 1 and the historic
and current relationship between a
well pad and its appurtenant
equipment/facilities. The dots
represent well heads, the boxes
represent typical dehydration units,
and the circles represent typical
produced water and condensate tanks
(generally 400 to 500 barrels each).
Regulation Today: By-right
Proposed Text Change: By-right
Key Elements of Proposed Change
•1) Creating an off-pad location for the
placement of appurtenant equipment and
facilities
•2) Being able to centralize some types of uses
associated with drilling and production and
have them considered as by-right uses.
•3) The size of those centralized equipment and
facilities
1) Creating an off-pad location for the placement of
appurtenant equipment and facilities
2) Being able to centralize some types of uses associated with drilling
and production and have them considered as by-right uses.
•Gas and Amine Treatment Facility
•Water Treatment Facility
•Produced or fresh water ponds /tanks
•Staging Areas
•Drill Cuttings
5,000 Barrels
3) The size of those centralized equipment and facilities
6,000 5,000 4,000 3,000
Drill Cuttings
~7 acre site
On-pad site
Steps COGCC
(FORM 2A Process)
County
(Admin, LIR and MIR process)
Pre-action Pre-notice to property owners
within 1,000 feet (if in Urban
Mitigation Area) 30 days before
submittal
Pre-application conference with County
Completene
ss Review
Conducted within 10 days.
Application posted on website
Conducted within 10 or 20 days.
Application available at County office
Notice Operator provides notice to all
property owners within 500 feet
and all Building Unit owners within
1,000 feet of edge of facility for a 20
day comment period. COGCC
provides notice to operator and LGD
Applicant provides notice to all property
owners within 200 feet of project parcel
for a period of either 15 or 30 days in
advance of decision
Referral COGCC refers application to LGD,
CPW, CDPHE
County refers application to agencies such
as LGD (oil and gas liason), Environmental
Health, Road and Bridge, Vegetation
Manager, Engineer, Fire Protection
District, CDPHE, CPW, DWR, and local
groups such as municipalities, BMA,
BMCC, etc
Public
Comments
Public can submit online, email or
written comments to the State.
COGCC works with operator to
address public and referral
comments through conditions of
approval. LGD can request that a
public meeting be held in advance
of decision
Public can submit emailed or written
comments to the County. County works
with Applicant to address public and
referral comments through conditions of
approval.
Approval
Process
Review application, review
comments, Make decision with
conditions
Review application, review comments,
make recommendation with conditions or
decision to approve with conditions.
Possible Public hearing in front of PC
and/or BOCC
Appeal
process
10 day appeal period to the State
before issuance of permit
10 days to call-up an Admin decision to
BOCC. Court appeal for LIR and MIR
Timeline Not less than 21 days. Approx. 45
days for average approval
Approx. 30 days for Admin, 90 days for
LIR, 120 for MIR
Urban Mitigation Area Example
Recommendation
•Option 1: Allow for off pad locations of equipment and
facilities so long as they are reviewed and approved by the
County
•Option 2: Allow for off pad locations of equipment and
facilities so long as there are size limitations on some of the
known uses that could accumulate to significant size.
•Option 3: Allow for off pad locations of equipment and
facilities as a by-right use.
Option1: Allow for off pad locations of equipment and facilities
so long as they are reviewed and approved by the County
Due to the issue largely being that the centralized facilities may cause impacts to adjacent residential properties, Staff has suggested that individual wells with an associated location (one-to-one, Diagram 2) be allowed as by-right uses, however centralized location be reviewed as a limited impact within residential zone districts and as a by-right use in resource lands and industrial zone districts.
•Oil and Gas Drilling and Production, Individual Any operation on a COGCC-approved well location that is directly tied to one well pad, utilizing equipment that advances a borehole into substrata for the purpose of discovery, development, and/or production of oil or gas, including all surface facilities associated with such operations. These facilities include produced water pits or tanks and condensate tanks, storage, separation, treating, dehydration, power supply, pumping, metering, monitoring, flowline, drill cuttings, and other equipment directly associated with oil and gas wells. These facilities exclude all uses that are otherwise specifically defined by this Code.
•Oil and Gas Drilling and Production, Centralized Any operation on a COGCC-approved well location that is directly tied to more than one well pad, utilizing equipment that advances a borehole into substrata for the purpose of discovery, development, and/or production of oil or gas, including all surface facilities associated with such operations. These facilities include produced water pits or tanks and condensate tanks, storage, separation, treating, dehydration, power supply, pumping, metering, monitoring, flowline, drill cuttings, and other equipment directly associated with oil and gas wells.
•Water Impoundment. Confined water such as surface pits or ponds, wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds (not related to agriculture), and produced water and condensate tanks. Water impoundment excludes tanks on a well pad used exclusively for activities associated with Oil and Gas Drilling and Production (Individual and Centralized), and Injection Wells.
•Modify Table 3-403, as shown below:
Option 2: Allow for off pad locations of equipment and facilities
so long as there are size limitations on some of the known uses
that could accumulate to significant size.
•Oil and Gas Drilling and Production. Any operation on a COGCC-approved well location utilizing equipment that advances a borehole into substrata for the purpose of discovery, development, and/or production of oil or gas, including all surface facilities associated with such operations. These facilities include produced water pits or tanks and condensate tanks with a total tank volume of 5,000 barrels or fewer, storage, separation, treating, dehydration, power supply, pumping, metering, monitoring, flowline, drill cuttings with a total volume of 100,000 cubic yards or fewer, and other equipment directly associated with oil and gas wells. These facilities exclude all uses that are otherwise specifically defined by this Code.
•Water Impoundment. Confined water such as surface pits or ponds, wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds (not related to agriculture), and produced water and condensate tanks. Water impoundment excludes tanks with a total tank volume of 5,000 barrels or fewer on a well pad used exclusively for activities associated with Oil and Gas Drilling and Production, and Injection Wells.
•Solid Waste Disposal Site and Facility. The location and/or facility at which the deposit and final treatment of solid waste occur excluding drill cuttings sites with a total volume of 100,000 cubic yards of fewer.
•Material Handling. To load and unload in bulk industrial or commercial goods, materials, and product. Material Handling excludes extraction, processing, fabrication, or storage of such goods, materials and products, and drill cuttings sites with a total volume of 100,000 cubic yards of fewer. Material Handling also excludes a transfer station for construction waste including wood, drywall, metals, paper, plastic and other types of constructions materials.
Option 3: Allow for off pad locations of equipment and
facilities as a by-right use.
•Oil and Gas Drilling and Production. Any operation on a COGCC-approved well
location utilizing equipment that advances a borehole into substrata for the
purpose of discovery, development, and/or production of oil or gas, including all
surface facilities associated with such operations. These facilities include produced
water pits or tanks condensate tanks, storage, separation, treating, dehydration,
power supply, pumping, metering, monitoring, flowline, drill cuttings, and other
equipment directly associated with oil and gas wells.
Planning Commission Recommendation
Planning Commission Recommendation
Additional Staff Comments
1.Removing the revisions to Solid Waste Disposal Site and Facility. This would bring the definition in line with CDPHE standards, which do not consider a drill cutting facility to be a Solid Waste Disposal Site and Facility.
2.Modifying definition for Material Handling as follows to clarify that the exclusion is only for Oil and Gas Drilling and Production related activities.
Additional Staff Comments
3. Removing Compliance to Section 7-1001 for Oil and Gas Drilling and Production, Centralized. These standards include the following regulations, many of which are not applicable or not consistent with the typical Oil and Gas Drilling and Production operation.
7-1001 These standards shall apply to all industrial uses:
A. Residential Subdivisions.
B. Setbacks
C. Concealing and Screening
D. Storing.
E. Industrial Waster
F. Noise
G. Ground Vibration
H. Hours of Operation
I. Interference, Nuisance, or Hazard
Text Amendment Criteria
Section 4-114:
1. The proposed text amendment is in compliance with any applicable
Intergovernmental Agreements.
2. The proposed text amendment does not conflict with State Law.
BOCC Decision
Diagram 2 Example
1
Tamra Allen
From:Phil Vaughan [phil@pvcmi.com]
Sent:Friday, July 11, 2014 6:39 AMTo:Tamra AllenSubject:Garfield County Land Use & Development Code- Board of Commissioners Hearing- 7/21/14
Tamra,
I hope that you are doing well today.
Thank you for meeting on 7/1/14 to discuss in further detail the Planning Commission recommendation.
I have reviewed the documents and recommendations with WPX Energy.
It is my understanding that WPX Energy continues to support Options 2 and 3 as presented in your staff report to the
Planning Commission at their 6/11/14 meeting.
Representatives of WPX Energy and I plan to be in attendance at the Board of County Commissioners hearing on
Monday, 7/21/14 at 1 p.m. in Glenwood Springs.
Thank you and please contact me with questions.
Sincerely,
Phil Vaughan
Phil Vaughan Construction Management, Inc.
1038 County Road 323
Rifle, CO 81650
970‐625‐5350