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Home My WebLink About2.01 BOCC Staff Report 7.09.2007Garfield Count Comprehensive Plan of 2000 Staff Presentation to the Planning Commission, 4-11-2006 Monitoring Well Permit Number 273164, issued 4-3-2007 Email from Chris Hale of Mountain Cross Engineering dated 4-10-2007 Email from Steve Anthony of Garfield County Vegetation Management dated 4- 11-2007 Email from Chris Hale of Mountain Cross Engineering dated 5-29-2007 i BOCC Exhibits (7/9/2007) Exhibit Letter (A to Z) A Exhibit Proof of Mail Receipts B Proof of Publication Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D E Staff Memorandum F G I J K L M N 0 P Q R Application E -Mail from Mark Kadnuck of the Colorado Department of Public Health and Environment dated 3-21-2007 Memo from Craig Lis of the Colorado Division of Water Resources dated 3-15- 2007 _ Memo from Dean Riggs of the Colorado Division of Wildlife dated 3-7-2007 Memo from Jake Mall of the Garfield County Road and Bridge Department dated 3 2-2007 Memo from Rob Ferguson of the Grand Valley Fire Protection District Memo from Roy McClung of the Town of Parachute dated 2-13-2007 Email and Access Permit application from Dan Roussin of the Colorado Department of Transportation dated 3-14-2007 E -Mail from Mark Kadnuck of the Colorado Department of Public Health and Environment dated 3-22-2007 Memo from Steve Anthony of Garfield County Vegetation Management dated 3- 26-2007 Colorado Department of Transportation, State Highway Access Permit, issued 3- 22-2007 Sound Analysis conducted by Hankard Environmental dated 3-31-2007 Transfer of Conditional Water Right, Case Number 00 CW 86 and Recorded October 31, 2006 Frac Tech Dust Control Plan Submitted 4-6-2007 Frac Tech Weed Management Plan Submitted 4-6-2007 Frac Tech Rehabilitation Plan Submitted 4-6-2007 V X Y 7 cte ,4c'ea ytIc_i rzP 0 ,,.E 13ei,g-7 — (-3 V TYPE OF REVIEW: PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit (SUP) The Applicant requests a SUP for an "Industrial Support Facility' which would include: material handling, pumping facilities, warehouse facilities/staging areas, storage areas, and accessory uses to the above" in the RL zone district. SUMMARY OF REQUEST: BOCC 7/9/2007 DP APPLICANT/PROPERTY OWNER: Frac Tech Services, LLC LOCATION: Section 27, Township 7, Range 96 Generally described as a tract of land approximately 6 miles west of the Town of Parachute, located between 1-70 and Highway 6 & 24 (East of Travelers Highlands Subdivision). SITE INFORMATION: Approximately 77 acres ACCESS: Access to the property will be from Highway 6 & 24 EXISTING ZONING: Resource Land — Gentle Slope and Lower Valley Floor ADJACENT ZONING: ARRD (Agricultural Residential Rural Density) CL (Commercial Limited) OS (Open Space) I. DESCRIPTION OF THE PROPOSAL The Applicant is proposing to construct an "Industrial Support Facility" to accommodate the storage of heavy trucks, vehicle washing and servicing, office building, warehouse building, acid dock, gel tanks, and fueling station. These buildings will include an 80' x 312' main building containing a service bay area of about 80' x 200' and an office area of about 80' x 112'; and a 225' x 50' warehouse building. The total development area is anticipated to be 15-20 acres. The services and offices on this site are to be used by the Applicant, Frac Tech, who is engaged in the oil and gas well frac services industry. The Applicant has represented that the hours of operation are to be 24 hours a day, 7 days per week and will include both heavy truck traffic as well as employees accessing the site with personal vehicles. Truck traffic is contemplated to range from 32 to 60 trips per day while employee traffic is to range from 20 to 35 cars per day. The number of employees is to start at 32 with numbers potentially reaching 120. It is anticipated that employee traffic will be 20-35 cars a day with peak traffic times occurring at 12.00 am — 5.00 am and from 3.00 pm to 5.00 pm. -1- Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 Activities on the site are to include truck storage for 44 trucks, employee parking, truck servicing/fueling and washing, warehouse loading and unloading (including gels, acids, polymers and biocides), sewage treatment, and offices. This facility will have a high level of visibility from 1-70 as well as Highways 6 and 24. In addition, the location of the property is immediately east of the Travelers Highlands Subdivision which is zoned Commercial Limited and will accommodate numerous commercially oriented businesses. This application ran concurrently with a rezone request which was heard by the Planning Commission on April 11, 2007 and approved by the Board of County Commissioners on May 7, 2007. The rezone changed the zoning on the subject parcel from ARRD to RL which allows an "industrial Support Facility" as a Special Use. This application was heard by the Planning Commission on April 11, 2007. At this hearing the Planning Commission recommended that the BOCC approve this application for a Special Use Pemit. Proposed Development: a) 80' x 312' Main Building consisting of a 80' x 200' Service Bay area (containing 5 service bays and 2 wash bays) and a 80' x 112' Office area b) 225' x 50' Warehouse Building c) A well pump house and water treatment facility d) Two Acid Tanks housed in covered containment basins e) Two covered Gel Tanks f) A 50' x 125' "Laydown Slab" g) Large Truck Parking h) 89 Space Employee / Driver Parking Lot i) 37 Space Office Parking Lot j) 7 RV Parking Spaces k) A Truck Fueling Station I) A 6,000 Gallon Diesel Storage Tank m) A 4,000 Gallon Propane Tank Proposed Activities: a) Truck Storage b) Employee Parking c) Truck Servicing/Fueling/Washing d) Warehouse Loading and Unloading e) Sewage Treatment f) Offices IL SITE DESCRIPTION The 77 -acre property is located approximately 4.5 miles west of the Town of Parachute on Highway 6 and between Highway 6 and 1-70 (See Map on Following Page). Access is provided via Highway 6. Physically, the property is relatively flat with some gentle slopes in eastern portion of the site. The property is covered mostly by sage brush and dry grasses. Frac Tech Services LLC Special Use Permit SACC 7/9/2007 Town of Parachute ? 26.44.1,4 TYPE 1.11.A.1 "J Lwu yAAACLEWM,I.X..[sbSfS 0111,96 $k Utti•CIMII,SEWS.' vsr - w,... ,yews./... / ese etV~if �.ru.er rrw 4.01 MIAOW 1,c ivar�:.,a rut, Maw, wa. .. [] rs•ros.� o..a.aw fans _ wage v..o :n., sa.,n ., e. ,.. Ay..m. re -Worm a.,.. O., DEW} �.e..- • /ran 1=1 c1,1•.. s,.... :HMV FA 302 77-1 ;— I. 37 303 •-�{ 373 Frac Tech - Special Use Permit 2 e03 5.600 =pet I l 1 Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 III. REFERRALS Staff referred the application out to the following review agencies and or County Departments: a. b. c. d. e. f. 9• h, j• Town of Parachute: Grand Valley Fire Protection District: Public Service Company: Colorado Department of Transportation: Colorado Division of Wildlife: Colorado Department of Public Health and Environment: Colorado Division of Water Resources: Garfield County Road & Bridge Department: Garfield County Vegetation Management: Mountain Cross Engineering See Exhibit K See Exhibit J No Response See Exhibit L See Exhibit 1-1 See Exhibit F See Exhibit G See Exhibit I See Exhibit N See Exhibit X and Exhibit Z IV. COMPREHENSIVE PLAN The property lies within Study Area 3 and is designated on the proposed land use map as Outlying Residential, The Applicant has proposed a use that is industrial in nature which conflicts with the present designation. Consider the following Goals, Objectives, and policies that apply to the proposal: a. Goals Future, long-term commercial and industrial development at the western and interchange parts of the County and Communities. Garfield County will encourage the development of a diversified industrial base for the County which recognizes the human resources, natural resources, and physical location -to - market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses. The subject property is located between 1-70 and Highway 6. The nearest 1-70 interchange from the subject property is approximately 4.5 miles east of the Town of Parachute. Locating industrial development in this area is consistent with the Plan. The proposed use is a support business to the oil / gas exploration industry which is centered in the same area of the county as the proposed use. In addition, the property is located adjacent to the Traveler's subdivision, which is zoned Commercial Limited and is an increasingly active location for commerce. Furthermore, to the south, southeast, and east of the subject property is an EnCana compressor station, Grand Junction Pipe gravel pit, and two natural gas drill pads respectively. In essence, the nature and character of the area has already changed significantly. b. Obiectives 4.1 To ensure that commercial and industrial developments are compatible with adjacent land uses and mitigate impacts identified during the plan review process. The subject property is located in a rural, increasingly industrial area adjacent to commercial uses in Traveler's subdivision, a gravel pit, a compressor station, two natural gas well pads, and by 1-70 to the north. To the north of 1-70, there is no notable development and much of the area is public land. -4- Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 There are two single family residences located on individual lots within the subject parcel which are owned by the Applicant. The interior lot which sits farthest to the west is a vacant parcel which is owned by a third -party. All three of the interior parcels are zoned ARRD. It is Staff's opinion that since the residential property is 1400 feet from the proposed development site and the fact that the development site sits below the grade of the residence by approximately 15 feet that adequate buffering is offered between the two uses (see proposed grading plan below). Proposed Grading Plan 4.2 Encourage the location of industrial development in areas where visual, noise, air quality, and infrastructure impacts are reduced. The proposed use will be visually detrimental to the surrounding natural environment seen from 1-70. The Comprehensive Plan identifies the property as lying within the Visual Corridor which is based on significant view -sheds or natural features, distance from a major travel corridor, and topographic conditions that define sight distance from a major roadway. in this way (and as recognized by the Plan by placing land use value on visual corridors), 1-70 serves as a linear gateway to the rest of the County and it provides visitors to Garfield County with their first impression. This impression also assumes the rest of the County is treated in the same manner regarding appropriate land use or associated mitigation of land uses, An unmitigated or inappropriate land use only detracts from the natural assets / resources of the County. The Applicant proposes an 8 -foot fence along the front of the property along Highway 6, 8' foot berming along the north edge of the property and an additional berm along the west side of the property (See below grading and berming plans). In addition, Staff recommends that all buildings and roof -top equipment be painted an earth toned color which is consistent with the surrounding landscape. However, due to the topography of the area it is very difficult, if not irmpossible to completely screen the proposed use from 1-70. To this end, the proposed industrial use as it is situated in the identified visual corridor is not consistent with the objective of this corridor. As the property is located on all sides by uses industrial in nature, with exception to the interior residential lots, Staff feels this is an appropriate area in terms of noise. In addition, as this property has easy access to 1-70 and Highway 6, the location is appropriate in terms of infrastructure impact and air quality. 4.6 Ensure the type, size, and scope of industrial and commercial development are consistent with the long-term land use objectives of the county. -5- Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 The Plan's proposed land use map identifies this property as Outlying Residential rather than Light industrial which would be a more appropriate designation. However, one of the goals in the plan is to locate the proposed use near or at interchanges in the western part of the County. Based on this, it appears, with proper mitigation, the use could be consistent with the Plan. c. Policies 4.3 Landscaping and screening will be required to address specific visual impacts of industrial and commercial development. The Applicant proposes an 8 -foot fence along the front of the property along Highway 6, 8' foot berming along the north edge of the property and an additional berm along the west side of the property (See below grading and berming plans). However, due to the topography of the area, 1-70 sits above the subject property and will have an aerial view of the proposed facilities. The Plan identifies the property as lying within the Visual Corridor which is based on significant view -sheds or natural features, distance from a major travel corridor, and topographic conditions that define sight distance from a major roadway. Staff finds that the Applicant has attempted to reduce the visual impacts along Highway 6 from this use although the topography of the area makes screening from 1- 70 difficult. Staff suggests that the applicant paint buildings, rooftop equipment and associated infrastructure in a manner that is consistent with the surrounding landscape in order to better disguise the facility and reduce its visual impacts. Staff has reviewed the berming plan which the applicant has proposed for this project and finds that it will help alleviate the visual impacts of this development. Further softening of the storage facility is possible from the 1-70 visual corridor through the planting of interior trees and landscaping. 4.4 The project review process will include the identification and mitigation of transportation impacts related to commercial and industrial development. The subject property has access to 1-70 via Highway 6 (CDOT). However, the vehicles will utilize Count Roads and are subject to overweight and size permits and should utilize the County Road Departments suggested haul routes. 5 REVIEW STANDARDS Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use, due to its industrial nature, shall also be required to address the industrial performance standards in 5.03.07 and 5.03.08 of the Zoning Resolution. These review standards are presented below followed by a response by Staff. A. Section 5.03 Review Standards 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding 1) Water: - Quantity: According to Kerry Sundeen of Grand River Consulting, a pump test was recently conducted on an existing well located on the property. Kerry explains that "the well was pump tested at a rate of 15 gallons per minute and no drawdown was observed. Accordingly, a single well will -b- Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 be adequate to supply the maximum average monthly demand of 4.9 gallons per minute. It may be prudent to develop an additional on-site well for back-up purposes in case the primary water supply well becomes in -operational for any reason." She goes onto say that "Frac Tech is also the owner of the Shale Pumps and Pipeline water right. This water right contemplated the development of a pump station from the Colorado River at the capacity of over 11 cubic feet per second (5000 gallons per minute)." No test results were provided for the well pump test described in the application. Quantity test results verifying this production must be submitted prior to the issuance of the Special Use Permit. Staff concludes that with. verification, adequate water appears to be available for the proposed facility whether it be from a well or from the Colorado River. - Quality: According to Kerry Sundeen of Grand River Consulting, "sample results reflect that the well will require treatment in order to meet drinking water standards for domestic water supplies. Based on a review of the water quality, sample by Focal Culligan representatives, it appears that a standard reverse osmosis system with a standard water softener will be adequate to treat water for sanitary uses." Specifically, the water quality test results show that the "house well" has very high levels of Sodium (400 mg/I with a 20mg/I limit), high levels of coliform (1 co11100m1 with a Less than 1 col/100m1 limit) as well as high levels of iron (2.03 mg/I with a 0.3 mg/I limit). Staff concludes that with the installation of a reverse osmosis system and water softener for potable uses, the water is of adequate quality. If, however, the Applicant chooses to utilize Colorado River water for all uses associated with this development, a treatment system will need to be established and permitted by the CDHPE. No quality results were submitted which pertained to the use of Colorado River water for potable purposes. - Legal Availability: The Applicant has provided an executed West Divide Water Conservancy District Water Allotment Contract for 17.6 acre feet per year. However, a well permit has not been supplied although two existing wells have been identified in the application. A valid well permit must be supplied prior to a hearing with the Board of County Commissioners. In addition, per comments received from Mark Kadnuck of the Colorado Department of Public Health and Environment (CDPHE) (See Exhibit F), the water system for the Frac Tech facility "will be considered a public water system and roust go through State capacity development and plans approval process." The water system, whether it be from a well or Colorado River water must be approved by the CDPHE as a public water system prior to the issuance of a Special Use Permit. Craig Lis at the Colorado Division of Water Resources reviewed this application and noted that (See Exhibit G): A search of our records determined that Permit No. 46022-F was issued for the existing well on January 22, 1996 for ordinary household purposes inside one single- family dwelling and the irrigation of not more than 12,000 square feet of home gardens and lawns, and the watering of non-commercial domestic animals, A Well Completion and Pump Installation report was received for this well on March 22, 1982 under now -cancelled Permit No. 120982, and shows that the well produced 15 gpm during a three-hour test on February 24, 1982. The Applicant must apply to this office to amend the permit to reflect the proposed uses and must include an executed copy of the WDWCD contract. -7 Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 According to Kerry Sundeen of Grand River Consulting, "Frac Tech is also the owner of the Shale Pumps and Pipeline water right. This water right contemplated the development of a pump station from the Colorado River at a capacity of over 11 cubic feet per second (5000 gallons per minute)." The water legally available from this source is more than adequate in quantity for the proposed use. The Applicant has provided a 'Transfer of Conditional Water Right" from the Garfield County District Court, Water Division 5 indicating that the subject property is entitled to 11.11 c.f.s of Colorado River water for "industrial, irrigation, tire protection, domestic and other beneficial uses." The appropriation date for this source is October 7, 1959. 2) Sanitation and Wastewater: - Sewage Disposal: The Applicant is proposing to service the facility with an engineered septic system. The engineered septic systems as designed by Crank Construction Incorporated, is to handle 1,800 gallons of wastewater per day using an Infiltrator" design. This system was chosen due to the clayey soils present on the site and a percolation rate of 40 minutes per inch. The engineer did not report any water tables in the area where the system is anticipated to be installed. The design is based on 120 employees producing 15 gallons per employee per 8 - hour shift. - Wastewater: The Applicant is proposing a water recycling system for the truck washing facility as well as a lined evaporation pond for disposal of water softener and reverse osmosis brine water. The truck washing facility is proposed to treat wastewater with a sand and oil separator and recycler for truck washing. Staff is supportive of the recycling system. Staff recommends that the lined 90' by 100' (30,120 cubic feet) evaporation pond for the disposal of water softener and reverse osmosis brine water be separately enclosed by an 8' fence in order to prevent animals from accessing the pond. - Fire Protection: The Applicant is proposing to utilize a 20,000 gallon water storage tank for fire protection purposes which will be available through a dry hydrant located on the property. The Grand Valley Fire Protection District feels the plans to provide fire protection to this facility are adequate. 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; Staff Finding The proposed use will primarily impact Highway 6 as its access road. 1. Daily Trips: 255 (427 with passenger car equivalent factor for trucks) 2. Peak AM (IN): 51 (51 with passenger car equivalent factor for trucks) -8- Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 3. Peak AM (OUT): 54 (139 with passenger car equivalent factor for trucks) 4. Peak PM (IN): 64 (150 with passenger car equivalent factor for trucks) 5. Peak PM (OUT): 85 (85 with passenger car equivalent factor for trucks) Main Access to Property: Access to and from the property is from Highway 6 on the south side of 1-70. Highway 6 is operated by CDOT. The Applicant has obtained an Access Permit from CDOT (See Exhibit 0). The Access Permit from CDOT contains the following improvement conditions (See Exhibit L for full list of conditions): 2. The Permittee shall design and install an eastbound to northbound left turn deceleration lane in conformance with section 4 of the State Highway Access Code. 2CCR 601-1. 3. The Permittee shall design and install a westbound to northbound right turn deceleration lane in conformance with section 4 of the State Highway Access Code. 2CCR 601-1. 4. The Permittee shall design and install a southbound to eastbound left tum acceleration lane in conformance with section 4 of the State Highway Access Code. 2CCR 601-1. 5. A full width 2 -inch minimum depth overlay of the entire length of highway improvements shall be required in accordance with section 4.7(61 of the Access Code. The Garfield County Road and Bridge Department expressed no objection to this application. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding The subject property is located in a rural, increasingly industrial area adjacent to commercial uses in Traveler's subdivision, a gravel pit, a compressor station, two natural gas well pads, and by 1-70 to the north. To the north of 1-70, there is no notable development and much of the area is public land. There are two single family residences located on individual lots within the subject parcel which are owned by the Applicant. The interior lot which sits farthest to the west is a vacant parcel which is owned by a third -party. All three of the interior parcels are zoned ARRD. The proposed use will be visually detrimental to the surrounding natural environment seen from 1-70. The Comprehensive Plan identities the property as lying within the Visual Corridor which is based on significant view -sheds or natural features, distance from a major travel corridor, and topographic conditions that define sight distance from a major roadway. In this way (and as recognized by the Plan by placing land use value on visual corridors), 1-70 serves as a linear gateway to the rest of the County and it provides visitors to Garfield County with their first impression. This impression also assumes the rest of the County is treated in the same manner regarding appropriate land use or associated mitigation of land uses. An unmitigated or inappropriate land use only detracts from the natural assets / resources of the County. The Applicant proposes an 8 -foot fence along the front of the property along Highway 6, 8' foot berming along the north edge of the property and an additional berm along the west side of the property (See below grading and berming plans). In addition, Staff recommends that all buildings and roof -top equipment be painted an earth toned color which is consistent with the surrounding landscape. However, -9- Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 due to the topography of the area it is very difficult, if not impossible to completely screen the proposed use from 1-70. To this end, the proposed industrial use as it is situated in the identified visual corridor is not consistent with the objective of this corridor. All Lighting represented on the site plan should be directed downward and inward. Staff recommends that the Applicant utilize motion -sensor lighting. Proposed Grading and Germing Plan - 10 - Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 Typical 8' Berm Layout B. Section 5.03.07 Industrial Operation Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: 1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Staff Finding The Applicant has provided an executed West Divide Water Conservancy District Water Allotment Contract for 17.6 acre feet per year. However, a well permit has not been supplied although two existing wells have been identified in the application. A valid well permit must be supplied prior approval of a Special Use Permit. In addition, per comments received from Mark Kadnuck of the Colorado Department of Public Health and Environment (CDPHE) (See Exhibit F), the water system for the Frac Tech facility "will be considered a public water system and must go through State capacity development and plans approval process." The water system must be approved by the CDPHE as a public water system prior to the issuance of a Special Use Permit. A Storm Water Management Plan (SWMP) prepared by Atkins and Associates has been submitted by the applicant and addressed to the CDHPE. As can be seen in the attached -11- Frac Tech Services LLC Special Use Permit SACC 719/2007 map on Page 11, storm water would flow in the generally south direction toward Highway 6 and 24 and accumulate in a swale along the north edge of the highway. Due to the activities to take place on this parcel (see list from prepared SWMP on following page), water pollution is of concern. In addition, Dean Riggs of the Colorado Division of Wildlife stated (See Exhibit H) that "Runoff and drainage of any hazardous material especially with respect to migration to the Colorado River is of the utmost concern, but again we feel that it has been noted and addressed in the document with respect to containment of the area." The SWMP identifies the following potential sources of water pollution from this development: 1.6 CONSTRUCTION ACTIVITIES --Major construction activities will occur an the site in a single phase, the sequence of the various major construction activities follow: 1. Clear and grub the developed portions of the property. 2. Rough site grading and applicable swales and erosion control features. 3, Utility infrastructure including storm sewer and appurtenances. 4. Building erection. (May occur at the same time as with No. 3 above.) 5. Curb, gutters and sidewalks. 6. Place gravel base material in driveway and parking areas. 7. Driveway and parking area sub -grade preparation. 6. Surface driveway and parking areas with hot mixed asphalt 9. Landscaping. 1.7 POTENTIAL POLLUTION SOURCE - Based on the above list of constructions activities, the following are considered to be potential sources of pollution to stormwater: 444444444444 Silts and Sediments Petroleum Products Fertittzers Detergents Solvents Paint Building Material Waste General Solid Waste (trash) Human Waste Water Used For Saw Cutthg Concrete Water From Concrete Fosed Aggregate Cleared Vegetation 1.8 NON-STORMWATER DISCHARGES —The following non-stormwater discharges could occur from the site. ✓ Water Used For Saw Cutting Concrete and Asphalt Pavement ✓ Water Used For Exposed Aggregate On Concrete ✓ Concrete Truck Wash Out Water ✓ Water Used For Equipment Washing ✓ Water Used For Paint and Stucco Cleanup ✓ Fire Protection Water ✓ Water Main Flushing and Testing - 12 - Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 Design Summary: Frac Tech is proposing to construct a maintenance facility on approximately 13.5 acres located near Parachute. Currently, the site is undeveloped and has 3-6% slopes. As part of the site development, detention ponds were designed to accommodate the 2 -year and 25 -year storm events. Discharge rates from the ponds were limited to existing flow conditions for both events. As depicted on the enclosed Drainage Area Map, current storm water enters one of two existing culverts under State Highway 6. Therefore, two detention ponds were necessary to restrict the discharge to less than existing flow conditions for each culvert. In addition, a substantial amount of flow passes through the site from north of Interstate 70. In an effort to reduce the flows of this storrn water, a detention pond was designed north of the site as well. The reduced discharge from this pond travels alongside the site into the southwest detention pond. • Above: Storm Water Management Plan site plan map The Applicant is proposing to service the facility with an engineered septic system. The engineered septic systems as designed by Cronk Construction Incorporated, is to handle 1,800 gallons of wastewater per day using an "infiltrator" design. This system was chosen due to the clayey soils present on the site and a percolation rate of 40 minutes per inch. The engineer did not report any water tables in the area where the system is anticipated to be installed. The design is based on 120 employees producing 15 gallons per employee per 8 -hour shift. In addition, the Applicant is proposing a water recycling system for the truck washing facility as well as a lined evaporation pond for disposal of water softener and reverse osmosis - 13 - Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 brine water. The truck washing facility is proposed to treat wastewater with a sand and oil separator and recycler for truck washing. Overall, staff concurs with the CDOW that the site is generally well contained in regards to storm water runoff and is supportive of the water recycling system proposed for the truck washing facility. As noted previously, the Applicant will need to submit an approved well permit for the proposed water supply system. b) impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Finding The Applicant states that there wilt be a minimum impact on adjacent land due to the generation of vapor, dust, smoke, noise, glare or vibration from the proposed facility due to the placement of the site. - Vapor and Smoke: This facility will produce the expected emissions from vehicles. As there will be large trucks entering and exiting the site, diesel fume emissions could be considerable at peak traffic times. As the neighboring uses are of an industrial nature, vapor and smoke are not anticipated to disturb these uses. There are three ARRD zoned properties directly to the east of the facility; however, the nearest parcel (which is currently vacant) is approximately 1400 feet away. Frac Tech has purchased the two other parcels with existing residential units for employee housing. Vabor and smoke could be detrimental to these neighboring residential uses. - Dust The Applicant is proposing to pave all parking and service areas, which will reduce if not eliminate dust emanation. However, the Applicant is proposing an approximately 3 acre gravel parking area for heavy truck parking and storage. A dust management plan shall be submitted prior to approval of the Special Use Permit. - Noise: The Applicant has not submitted a noise study for this facility, which is required at the time an application is submitted. Staff anticipates that vehicle traffic in and around the site will be the predominant emitter of noise from this facility. The Applicant is proposing to have "truck repair and servicing activities inside the shop building." Staff is supportive of this measure as it will help eliminate noise emissions from the site. Staff suggests a berm along the eastern edge of the facility site to reduce the impact of noise emissions from the facility on the residential uses to the east. - Glare and Vibration: The Applicant has stated that all lighting will be directed downward and inward to reduce light emissions from the facility. Staff suggests that exterior lighting be controlled by a motion sensor to reduce vagrant light emissions as well as protect the visual corridor along 1-70. Staff suggests that all buildings and facilities be painted an earth toned, none reflective paint which is consistent with the surrounding landscape in order to reduce glare as well as visibility from 1-70. Further glare could be created by the evaporation pond situated in the southwest corner of the development area. Vibration will primarily occur from truck traffic which Staff does not feel will be of a substantial magnitude to emanate outside the property boundaries. - 14 - Frac Tech. Services LLC Special Use Permit BOCC 7/9/2007 c) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Staff Finding This application was referred to the Colorado Division of Wildlife for their review. Dean Riggs provided the following germane comments: The overall impacts to wildlife from the dcvcl©psnent will be quite limited Pnor conversations have taken place to address any impacts. and have been addressed within the application_ As suited within the document. cik frequent the site during winter months, although the site ties directly between Interstate 70 and Highway 6. There is no movement or migratory conccnts since the wildlife fence has been installed on the right-of-way to the interstate. We are concerned for loss of wintering habitats within Garfield County due to dcvcloprnent issues. however we feel that the nature of this development and the location will sparsely hinder any clk use Staff suggests that the Applicant provide a secondary, 8' high fence surrounding the proposed evaporation ponds to prevent wildlife from entering the area. d) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Staff Finding The proposed use will primarily impact Highway 6 as the sites access road. Highway 6 is currently highly traveled by heavy truck traffic, The facility is proposed to be located approximately 4.5 miles west of the nearest 1-70 interchange. The Applicant has provided a detailed Traffic Impact Analysis of which the following trips have been calculated: 1. Daily Trips: 2. Peak AM (IN): 3, Peak AM (OUT): 4. Peak PM (INN: 5. Peak PM (pUT): 255 (427 with passenger car equivalent factor for trucks) 51 (51 with passenger car equivalent factor for trucks) 54 (139 with passenger car equivalent factor for trucks) 64 (150 with passenger car equivalent factor for trucks) 85 (85 with passenger car equivalent factor for trucks) Main Access to Property: Access to and from the property is from Highway 6 on the south side of I-79. Highway 6 is operated by CDOT. At the writing of this staff report, the Applicant had not yet signed an Access Permit with CDOT. An Access Permit to the property shall be obtained prior to the issuance of the Special Use Permit. The Access Permit which CDOT has offered to the Applicant contains the following improvement conditions (See Exhibit L for full list of conditions): - 15 - Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 2. The Permittee shall design and install an eastbound to northbound left turn deceleration lane in conformance with section 4 of the State Highway Access Code. 2CCR 601-1. 3. The Permittee shall design and install a westbound to northbound right turn deceleration lane in conformance with section 4 of the State Highway Access Code. 2CCR 601-1. 4. The Permittee shall design and install a southbound to eastbound left turn acceleration lane in conformance with section 4 of the State Highway Access Code. 2CCR 601-1. 5. A full width 2 -inch minimum depth overlay of the entire length of highway improvements shall be required in accordance with section 4.7(6) of the Access Code. The Garfield County Road and Bridge Department expressed no objection to this application. Although the access to the property is from a state highway, the truck traffic generated by this facility is anticipated to travel throughout the county and will impact various county roads. However, the vehicles which will utilize Count Roads are subject to overweight and oversize permits and should utilize the County Road Departments suggested haul routes. e) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Staff Finding The property is located adjacent to the Traveler's subdivision, which is zoned Commercial Limited and is an increasingly active location for commerce. Furthermore, to the outh, southeast, and east of the subject property is an EnCana compressor station, Grand Junction Pipe gravel pit, and two natural gas drill pads respectively. There are three ARRD zoned properties within the eastern portion of the property; however the nearest parcel is approximately 1400 feet from the proposed facility. Staff finds that with appropriate berming or other kinds of sound mitigation, this distance is adequate to buffer the impacts from this development. The photo below illustrates the distance of the proposed facility from the adjacent developed residential units. View: Looking east from the western portion of the proposed development site. The nearest residences can be seen in the center of the photo. -16- Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: a) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; c) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. Staff Finding The Applicant identifies the following method of rehabilitation for the site: "Partial rehabilitation of the property: all tanks, trucks and items other than the buildings and structures that the next owner/user would utilize would be hauled away'. Staff does not find that this plan is adequate and has informed the Applicant that a more detailed rehabilitation plan is required. This application was submitted to the County Vegetation Management Director who provided the following comments (See Exhibit N): Noxious Weeds Between the Garfield/Mesa County border and to Parachute, the county listed noxious weed, Diffuse knapweed is prevalent. Staff requests that the applicant provides a weed management plan that provides for monitoring and treatment of all county listed weeds, with particular focus on diffuse knapweed. Diffuse knapweed may act as tumbleweed, so areas behind buildings and along fences may be a concern. C. Section 5.03.08 Industrial Performance Standards All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: 1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Staff Finding The Applicant states that the volume of sound generated from the site will comply with the standards established in CRS 25-12-103. As you are aware, the County uses the Colorado Revised Statutes (CRS 25-12-101) for determining noise impacts. The Statute states "Sound levels of noise radiating from a property line at a distance of 25 feet or more there from in excess of the dB(A) established for the following time periods and zones shall constitute (prema facia) evidence that such - 17 - Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 noise is a public nuisance."The table below shows the zones and dB(A) acceptable for each zone and particular time. Zone Residential Commercial Light Industrial Industrial 7 am to 7 pm 55 dB(A) _ 60 dB(A) 65 dB(A) 80 dB(A) 7 pm to 7 am 50 dB(A) 55 dB(A) 70 dB(A) _ 75 dB(A) The Applicant has provided a sound analysis, conducted by Hankard Environmental on March 31, 2007. The analysis was conducted at five locations: 25 feet outside the north property line (considered Industrial), 25 feet outside the east property line (considered Undeveloped Open Land), 25 feet outside the south property line (considered industrial), and within the undeveloped internal parcel (considered Residential). The results of the study are as follows: TABLE 2 PREDICTED NOISE LEVELS Prediction Location n) North Lot Line East Leat Lige South Lot tine West Lot Line Once Residence FROM PROPOSED FRAC TECH MAINTENANCE FACILITY Approximate Distance to Sources 2200 125 1800 2200 Predicted Noise Level (Lmax, dBA) 59 43 68 45 43 Noise Level Limit1Z (Lmax, dBA) 75 75 75 75 50 (1) Refer to Figure 1 (2) State of Colorado (CRS 25-12) 2) Vibration generated: Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; Staff Finding The Applicant states that "no vibration is anticipated, the distance from other uses of the site and the grading and paving should eliminate any vibration generation." Staff feels that vibration will be created on the site due to the heavy truck traffic„ however, itis unlikely that the vibration would be perceptible outside the property boundaries. 3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; Staff Finding Emissions generated by this use would come from the exhaust (diesel fumes) of the trucks as they warm up (idle), leave, or enter the property. As the neighboring uses are of an industrial nature, vapor and smoke are not anticipated to disturb these uses. There are three ARRD zoned properties directly to the east of the facility; however, the nearest parcel (which is currently vacant) is approximately 1400 feet away. Frac Tech has purchased the -18- Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 two other parcels with existing residential units for employee housing. Vabor and smoke could be detrimental to these neighboring residential uses. Dust from this facility is anticipated to be negligible since the parking and drive aisle are to be paved. As the standard requires, every use shall be operated to comply with county, state, and federal laws. Staff does not test these emissions but all emissions will be from the exhaust of vehicles that are licensed by the County and the State to comply with federal air quality laws. 4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; Staff Finding - Glare and Vibration: The Applicant has stated that all lighting will be directed downward and inward to reduce light emissions from the facility. Staff suggests that exterior lighting in be controlled by a motion sensor to reduce vagrant light emissions as well as protect the visual corridor along 1-70. Staff suggests that all buildings and facilities be painted an earth toned, none reflective paint in order to reduce glare as well as visibility from 1-70. - Vapor and Smoke: This facility will produce the expected emissions from vehicles. As there will be large trucks entering and exiting the site, diesel fume emissions could be considerable at peak traffic times. As the neighboring uses are of an industrial nature, vapor and smoke are not anticipated to disturb these uses. There are three AR RD zoned properties directly to the east of the facility; however, the nearest parcel (which is currently vacant) is approximately 1400 feet away. Frac Tech has purchased the two other parcels with existing residential units for employee housing. Vapor and smoke could be detrimental to these neighboring residential uses. - Dust The Applicant is proposing to pave all parking and service areas, which will reduce if not eliminate dust emanation. However, the Applicant is proposing an approximately 3 acre gravel parking area for heavy truck parking and storage. A dust management plan shall be submitted prior to approval of the Special Use Permit. 5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: a) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; Staff Finding The storage of all potentially flammable and hazardous materials must be done in accordance with all applicable state and federal regulations. A permit has not been received for the fueling station. This permit from the CDPHE shall be obtained prior to the issuance of the Special Use Permit. in addition, the Grand Valley Fire Protection District (GVFPD) has been in contact with the Applicant and following conversation between Planning Staff and the GVFPD, there have been no concerns expressed regarding the storage of flammable or explosive materials at this site. -19- Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 b) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; Staff Finding The proposed use will be visually detrimental to the surrounding natural environment seen from 1-70. The Comprehensive Plan identifies the property as lying within the Visual Corridor which is based on significant view -sheds or natural features, distance from a major travel corridor, and topographic conditions that define sight distance from a major roadway. In this way (and as recognized by the Plan by placing land use value on visual corridors), 1-70 serves as a linear gateway to the rest of the County and it provides visitors to Garfield County with their first impression. This impression also assumes the rest of the County is treated in the same manner regarding appropriate land use or associated mitigation of land uses. An unmitigated or inappropriate land use only detracts from the natural assets / resources of the County. The Applicant proposes an 8 -foot fence along the front of the property along Highway 6, 8' foot berming along the north edge of the property and an additional berm along the west side of the property (See above grading and berming plans). In addition, Staff recommends that all buildings and roof -top equipment be painted an earth toned color which is consistent with the surrounding landscape. In addition, Staff recommends that the applicant use plantings and fencing along the north portion of the facility to help reduce the visual impact of this development from east -bound traffic on 1-70 as well as the south portion of the property along Highway 6.However, due to the topography of the area it is very difficult, if not impossible to completely screen the proposed use from 1-70. To this end, the proposed industrial use as it is situated in the identified visual corridor is not consistent with the objective of this corridor. c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; Staff Finding The Applicant states that "we foresee no materials or wastes that will be stored in a manner that would allow transference by reasonably foreseeable natural causes. This has been achieved by the following items: warehouse of sufficient size, containment provisions for outside storage items such as acid and fuel storage and inside warehousing in the main shop area." Staff does not foresee a problem with materials being transferred off the property by natural causes. d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. Staff Finding The subject parcel is approximately 77 acres and is not located in a platted subdivision. Staff finds this standard is met ii. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. StaffFinding The application represents the nearest residence as over 1400 ft from the subject -?{i- Frac Tech Services LLC Speciai Use Permit BOCC 7/9/2007 property. This standard is met. ii% All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. Staff Finding The Applicant intends to construct an 8' high fence to reduce the visual impact of this operation from Highway 6. The subject property is situated at a lower elevation than 1-70. The proposed screening will not eliminate the visual impacts created by the proposed use from the 1-70 vantage point. Further, in order to reduce visual, noise and light emanations, Staff suggests that the applicant create an 8' berm along the western edge of the facility area. The Applicant is proposing to construct a series of 8' berms along the north edge of the property to help reduce the visual impact of the development from 1-70. Staff suggests that the applicant paint buildings, rooftop equipment and associated infrastructure in a manner that is consistent with the surrounding landscape in order to better disguise the facility and soften the visual impacts of the development. Further softening of the storage facility is possible from the 1-70 visual corridor through the planting of interior trees and landscaping. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. Staff Finding The application represents that this standard will be met. Staff suggests this standard be included as an on-going condition of approval. v. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Staff Finding All loading and unloading associated with the proposed use will be conducted on the subject property. e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. Staff Finding The area devoted to storage is less than 10 acres in size. Staff finds this standard has been met. f) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Staff Finding Staff recommends that all exterior lighting shall be the minimum amount necessary, be controlled by a motion sensor, be directed inward and downward, towards the interior of the property and be shaded to prevent direct reflection on adjacent property. 6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental -2I- Frac Tech Services LLC Special Use Permit BOCC 719/2007 Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Staff Finding The Applicant states that: 'These conditions will be met through the containment system around the acid dock, the fueling station meeting all regulations concerning fueling station; the septic system and the water reclaim system. All percolation tests or ground water resource tests as may be required by local or state health officials must be met before operation of the facilities may begin. All necessary tests will be taken as required." The Applicant shall submit the prepared Spill Prevention Countermeasure and Control plan to the planning office once it is complete. 6 SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 7 STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners approve this request for an Industrial Support Facility with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. The Applicant shall comply with all standards as set forth in §5.03.08 "industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. b. 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. ?1 _ Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 c. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. d. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. e. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. f. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. g. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. h. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. i. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. j. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. k. Any exterior lighting shall be controlled by a motion sensor, full cut-off, pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. In addition, the Applicant shall install a roof with internal, downward and inward facing, full cut-off lighting over the fueling station. 4. The Applicant shall add the following language to the submitted site Rehabilitation Plan (Exhibit T): "In the event that the property is abandon, all outdoor equipment including but not limited to the fueling station, fueling tanks, and gel tanks shall be completely removed and disposed of in accordance with all current state, federal and local laws." 5. The Applicant shall file a Spill Prevention Control and Countermeasure (SPCC) plan with the County and have a copy on site for spills that may occur from vehicles, machinery, fueling station, acid docks and gel tanks in the area. 6. The Applicant shall provide a valid well permit prior to the issuance of the Special Use Permit. 7. The Applicant shall install a combination of plants and an 8 foot high earth -toned ?3 - Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 f substantially screening fence along Highway 6. 8. The Public Water System shall obtain a valid permit from the Colorado Department of Public Health and Environment prior to the issuance of the Special Use Permit. 9. A sand and oil separator shall be installed to provide recycling of water used for the truck wash facility. 10. An independent enclosed 8' high fence shall be installed enclosing the evaporation pond. 11. All buildings and rooftop equipment shall be painted with non -reflective earth toned paint that is consistent in color to the surrounding landscape. 12. The Applicant shall submit an approved permit from the Colorado Department of Health and Environment for the fueling station prior to the issuance of the Special Use Permit. 13. Execution of the site rehabilitation/reclamation plan for the subject property is required when the use of the site by the owner of the parcel for an Industrial Support Facility is terminated, whether or not financial security for reclamation is required in this Resolution, under terms of Section 5.03.07(2) (B) of the Zoning Resolution. Responsibility for site reclamation is transferred with the SUP, and the Applicant'Owner shall so advise any transferee of the SUP. Enforcement of this condition of approval and all others is subject to an action by the BOCC for penalties and/or injunctive relief in a court of competent jurisdiction. 14. No development activity shall occur at this property until all of these conditions have been met and a Special Use Permit has been issued by Garfield County Board of County Commissioners. 15. Prior to issuance of the Special Use Permit, the Applicant shall submit a plan for maintenance of the oil separator for the storm water runoff from the parking areas. This plan shall include how and how often the separator should be inspected and cleaned and at that time: remove debris from basket, replace filter every XX months/years, pump reservoir when within XX inches of top, etc. _24_ Frac Tech Services LLC Special Use Permit BOCC 7/9/2007 David Pesnichak From: Mark Kadnuck tmakadnuc@smtpgate.dphe.state.co.us) Sent: Wednesday, March 21, 2007 3:36 PM To: David Pesnichak Subject: Frac Tech Services David, below are my comments on the Frac Tech proposal: Water system will be considered a public water system and must go through State capacity development and plans approval process. The proposed ISDS system is less than 2000 gal/day and thus falls under county review. No information was provided on the disposal of the industrial wastewater from the truck washing operations. This needs to be addressed. Mark A. Kadnuck, P.E. CDPHE --WQCD 222 S. 6th Street, Rm 232 Grand Junction, CO 81501 ph: 970-248-7144 fax: 970-248-7198 email: mark.kadnuck@state.co.us 1 OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Nip i.www water.state.eo.us STATE OF COLORADO March 15, 2007 David Pesnichak Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Frac Tech 'Services, LLC Special Use Permit Section 27, T7S, R96W, 6th PM Water Division 5, Water District 39 MAR 1 9 2007 „.. Bill Ritter, Jr. Governor Harris D Sherman Executive Director Hal D. Simpson. P E State Engineer Dear David: The above -referenced submittal requests a special use permit for a 77 -acre parcel for storage and staging of heavy trucks, an office, and a maintenance shop. As stated in the State Engineer's March 4, 2005 memorandum to county planning directors, this office has no statutory responsibility to review land use actions that do not include the subdivision of land as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision". However, we have performed a cursory review and are providing informal comments. The applicant intends to use an existing well on the property, in conjunction with a contract with West Divide Water Conservancy District for 17.6 AF of replacement water from Ruedi Reservoir, to supply water for sanitary purposes, the irrigation of 20.000 sq. ft. of Landscaping, and truck washing. Sewage disposal is to be through an individual system. The November 22, 2006 report by Grand River Consulting Corporation estimates that the required diversions will conservatively total 18.67 AF/year, and the estimated depletions will total 16.8 AF/year. The applicant plans to recycle truck wash water, which will reduce these amounts to 5.6 AF/yr and 3.7 AF/yr, respectively. The report refers to an existing well on the property and states that a recent pump test verifies the well can produce 15 gprn, but no test results were provided. A search of our records determined that. Permit No, 46022-F was issued for the existing well on January 22, 1996 for ordinary household purposes inside one single-family dwelling and the irrigation of not more than 12,000 sq. ft. (0.28 acre) of home gardens and lawns, and the watering of non-commercial domestic animals. A Well Completion and Pump installation Report was received for this well on March 22, 1982 under now -cancelled Permit No. 120982, and shows that the well produced 15 gpm during a three-hour test on February 24. 1982. The applicant must apply to this office to amend the permit to reflect the proposed uses and must include an executed copy of the WDWCD contract. Note that this office does not necessarily take the position that the water supply plan is valid. If you or the applicant has any questions concerning this matter, please contact me for assistance. Water Resource Engineer CML/CJL/Frac Tech SUP.doc cc: Alan Martellaro, Division Engineer James Lemon, Water Commissioner, District 45 STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303)297-1192 wildlife.siate.co.us March 7, 2007 Garfield County Building and Planning Department Attn: David Pesnichak 108 8t1i Street, Suite 401 Glenwood Springs, CO. 81601 MAR 1 6 2007 RE: Frac Tech Services, LLC — Special Use Permit Application David, For For People People EXHIBIT The Division of Wildlife appreciates the opportunity to review and provide the following recommendations pertaining to the above mentioned application for special use permit. The overall impacts to wildlife from the development will be quite limited. Prior conversations have taken place to address any impacts, and have been addressed within the application. As stated within the document, elk frequent the site during winter months, although the site lies directly between Interstate 70 and Highway 6. There is no movement or migratory concerns since the wildlife fence has been installed on the right-of-way to the interstate. We are concerned for loss of wintering habitats within Garfield County due to development issues, however we feel that the nature of this development and the location will sparsely hinder any elk use. Runoff and drainage of any hazardous material especially with respect to migration to the Colorado River is of utmost concern, but again we feel that it has been noted and addressed in the document with respect to containment of the area. No other invasive- impacts have been detected at this time. If there are further questions or concerns, please do not hesitate to contact JT Romatzke at (970)255-6124. Thank you, Dean Riggs — Area Wildlife Manager Cc: Velarde, Toolen, Romalzke, File DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Jeffrey Crawford, Chair • Tom Burke, Vice Chair • Claire O'Neal, Secretary Members, Robert Bray • Brad Coors • Rick Enstrom • Richard Ray • James McAnally • Ken Torres Ex Officio Members, Harris Sherman and John Stulp GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: March 2, 2007 Comments Due: March 26, 2007 Name of application: Frac Tech Services LLC Sent to: Garfield County Road & Bridge Dept. 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: David Pesnichak 109 8`11 Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. This location request is an ideal location for this type of operation as it removes the equipment used by Frac Tech to a location outside of residential areas. This location has good access to Highway 6 & 24 that is governed by CDOT and we have no comments an the traffic issues or signage to the property for traffic control. This type of use is consistent with other uses in this area. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date March 6, 2007 Revised 3/30/00 GRAND VALLEY FIRE PROTECTION DISTRICT 1777 E. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 Date David Pesnichak Garfield County Building & Planning Dept. 108 8tStreet, Suite 401 Glenwood Springs, CO 81601 Subject: Fire Protection Plan for Frac Tech Services Property Andy, EXHIBIT 1 have reviewed the applicant's request and have verified that it lies within the Grand Valley Fire Protection District. The applicant will need to provide the following minimum fire protection practices as apart of their "Fire Protection Plan". The options available to you include either a local water supply for each residence or a central pressurized water supply for all residence as well as fire protection sprinklers. Because of the size of your project, it would appear that the localized water supply systems (NFPA 1231) and/or fire protection sprinklers might be better suited to provide such protection. The use of sprinklers in new construction is always encouraged, and has proved to be both cost effective and to have made the critical difference in the "saving of a structure". The key element of a 13D system is to provide enough suppressants to get the occupants out of the residence. The system is designed to provide a 10 -minute water supply. In a normal urban setting, with prompt notification to the fire department, a response and extinguishment can be started during this 10 - minute time frame. However, with a small combination fire department, which does not staff all fire station crews, response times can be much longer. Hence, it is hoped the sprinklers provided enough time for the occupants to leave, but the fire has most likely continued to burn, and after the 10 -minute period of water delivery, the fire may again start actively burning. Fire sprinklers are not required in structures less than 3500 square feet, however we encourage homeowners to consider their value and the benefits that they may provide in the event of an actual fire. The recommendations of NFPA 1231 are to have a water supply located within 150 feet of a residence, a 4 '/2" hydrant connection capable of providing 500 gpm and a capacity to be determined by the square footage of the residence, After consulting other fire agencies within Garfield County, a minimum size of 2500 gallon tank per Iot is a reasonable requirement for residence under 3500 square feet. Sprinkler systems would be optional for residence up to 3500 square feet. Residences over 3500 square feet will need to have both the calculated size storage tank and a sprinkler system to provide initial knockdown capabilities. As far as access / egress requirements & defensible space, the Colorado State Forest Service has recommended using the NEPA 1144 standard, Protection of Life and Property from Wildfire. The Grand Valley Fire Protection District, as well as the other fire districts within Garfield County, has adopted this as the standard within its boundaries. Other issues to be included and noted in the proposal are as follows: ➢ If a sprinkler system is installed, the requirements for NFPA 13D will be adhered to. A minimum flow of 26 gpm with duration of ten minutes or 260 gallons (see Section 2-1) is required. The storage tank used for fire protection may be separate from that used for domestic use. If a homeowner wishes to combine the water supply for both the sprinkler system and domestic use, the requirements of the code shall be met. Annual inspection / maintenance and reporting requirements of a sprinkler system are the responsibility of the homeowner. For structures over 3500 square feet, an approved fire protection sprinkler system will be required. > An agreement to use the water stored in a fire water cistern, in the event of an emergency, is not limited to the specific residence where it is located and that its use/need is at the discretion of the fire department. > The water supply (fire water cistern) is for fire protection only, not to be used for domestic use. If the homeowner wishes to combine the firewater cistern with domestic use water, an additional amount of storage will be required to maintain the minimum required firewater protection capacities. ➢ It must also be noted that the required amount of water storage is for initial suppression actions and for the prevention of fire spread to the urban-wildland interface. If the above conditions are met andfor made apart of a plat note to be a requirement of the new owner prior to the issuance of a building application, the Grand Valley Fire Protection District has no further concerns regarding this project. If I can be of any assistance, I can be reached at (970) 285-9119, or cell (970) 210-3263. Rob Ferguson Deputy Fire Chief, GVFPD Xc: File 02/13/2007 08:55 FAX 5702850292 TOWN OF PARACHUTE PO aux 100 222 Grand Valley Way Parachute, CO 81 635 EXHIBIT 002/002 Telephone: (970) 285-7630 FAX: (970) 285-9146 February 13, 2007 Garfield County Building & Planning Department 108 - 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: REFERRAL FORMS Mayor Roy McClung Frac Tech Services, LLC - Rezoning Application The above referral was received by the Town of Parachute regarding development in an arca adjacent to Colorado State Highway 6 west of the Town of Parachute. I must continue to express the Board's and my concerns related to the ongoing development within the areas near the Town of Parachute that utilize Highway 6 and the I-70 Interchange in Parachute. While this zoning change and proposed use may reduce truck parlizg and repair on Town streets, it will add to through Town traffic on Highway 6 and to the I-70 Interchange. Any and all growth in Garfield County, Parachute and Battlement Mesa area has a direct impact on this interchange. The Town of Parachute sees this as an impact that should be shared. The additional growth related to the natural gas industry is the generator for added commercial and residential development in Garfield County, the Town of Parachute and Battlement Mesa. To continue to accommodate this growth the local, county and state roads must be considered. Is the county required to submit access permits to CDOT for development? The Town is in receipt of $50,000,00 from Garfield County for snatching ROLA Grant funding to prepare a 1601 Study for CDOT. This is the initial step in addressing an answer to the currently existing problem at the I-70 Interchange. Respectfully, Roy McClung Mayor Frac Tech Services LLC From: Roussin, Daniel [Daniel.Roussin@DOT.STATE.CaUS] Sent: Wednesday, March 14, 2007 9:49 AM To: David Pesnichak Cc: Fred Jarman Subject: Frac Tech Services LLC Attachments: 307037 L3.pdf David - Frac Tech has submitted an access permit application to CDOT. CDOT has offered an access permit to Frac Tech on March 8, 2007. However, at this time CDOT them to do has not improvements at the intersectionived a signed copy of the tbased is a copy of the permit offered to Frac upon the traffic study_ if you have any questions, please let me know. Page 1 of l Thanks «307037 1.3.pdf» Dan Roussin Colorado Department of Transportation Region 3 Permit Unit Manager 222 South 6th, Suite 100 Grand Junction, Co 81501 970-248-7230 970-248-7294 FAX file://T:\dpesnichak\Land Use 2007\SUP\Frac Tech - Industrial Support Facility\CD0T Re_.. 3/22/2007 Region 3 Traffic Section 222 S. Sixth St., Rom 100 Grand Junction, Colorado 81501 (970) 248-7021 Fax:(970) 248-7230 To: Chris Boelke Development Construction Services 2350 G Road, Suite 240 Grand Junction, CO 81505 Dear Permittee or Applicant: SWE OFCOLO1ADO nsrmnmis rwmarvwmr Permit No, 307037 March 5, 2007 1. Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments. 2. If you choose NOT to act on the permit, please return the permit unsigned. 3. If you wish to APPEAL the Terms and Conditions of the permit, please refer to the attached Form 101, Pages 2 and 3 for an explanation of the appeal procedures. 4. If you ACCEPT the Permit and its Terms and Conditions and are authorized to sign as legal owner of the property or as an authorized representative, please sign and date the Access Permit form on the line marked "PERMITTEE". Your signature confirms your agreement to all the listed Terms and Conditions. 5. Provide a check or money order trade out to the jurisdiction named on the next line for the amount due. Make check or money order payable to: CDOT Amount Due: $ 300.00 6. Return the Access Permit including all pages of terms and conditions along with your payment back to the Colorado Department of Transportation (CDOT) at the address noted below. The Department will process and return to you a validated (signed and recorded) copy of your State Highway Access Permit. You may retain this cover letter for your records. 7. If you fail to sign and return the attached Access Permit within 60 days of the date of this transmittal letter, Colorado Department of Transportation will consider this permit withdrawn and void. 8. As described in the attached Terms and Conditions, von must make a written request to obtain a Notice to Proceed. DO NOT begin any work within the State Highway Right -of -Way without a validated Access Permit and Notice to Proceed. Use of this permit without the Colorado Department of Transportation's validation shall be considered a violation of State Law. If you have any questions, please call Devin Drayton, Access Technician at (970) 248-7245. Please return Access Permit and attachments to: Region 3 Traffic Section 777 S. Sixth St., Rom 100 Grand Junction, Colorado 81501 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT Permit fee $300.00 Date of transmittal ,2007 CDOT Permit No. 3070 37 Region/Section/Patrol 3 / 02 / 09-2 t)ave Jackson State Highway NofMp/Side 006 M / 70.700 / L Local Jurisdiction Garfield County The Permittee(s); FRAC Tech Services John Roney 16858 1 H 20 Cisco, TX 76437 Applicant: Development Construction Services Chris Boelke 2350 G Road, Suite 240 Grand Junction, CO 81505 Ref No.: 06-252 817-850-1008 970-242-3674 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed maintained and used in accordance with this permit. including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority. the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Located on the north side of Hwy 006M, a distance of 2112 feet east of UNA Road. Access to Provide Service to: (Sizeor Count) {units} (Land Use code:) ery 110 - General Light Industrial (Drilling Support Sices) 235 D1411 Other terms and conditions: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Date Title By (x) Upon the signing of this permit the permttee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Devin Drayton _—r with the Colorado Department of Transportation, telephone nbr. (970) 248-7245 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee Signature (x) Date Permittee Printed Name: This permit is riot valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Title Date (of issue) By hl (x) �` Required: Make copies as necessary for. Previous editions are obsolete and mey not be used Copy Distribution: .RlCDOT Forrn *101 8/98 i.Region Local Authority Inspector Devin Drayton 2.Applicant MTCE Patrol Traffic Engineer 3. 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C r G w G n5 � E q❑ 3 p, 7J ® m 44 m 4S 42 m Q W 21.n. -p V V R❑ g t, W W—..E � E= �-o a n_n LlC m v E -E0-62. m W n 6'n m 2m 7 U m S1} ;FW U j '4 W g C p m ogE 5a E mm.gmE 4-0 m m E m i+_0 6m1 m E ▪ a° riE G C O z a q"2 o m p7221, 2 ❑ m ®E a m 5 V M 55112T,'0 a p m W Q n V m D.6.1-26 417A U 5. w G m 0 4 u GE w itU E 0 w o W 42 ® C G R W Z f_ i m t 8 2 w g a W o y 4 a m 421 r C a Z o O 00,+.c -20.12Z0 q C 44 44 0 O m2E of e 4'n :C m 91 UEy -V D , mm a o Ugg m.[] q 42 d. ac v O m ✓ gE - � y am gE2 i a m E 0E• c m m 0 E q rat m�.cm Or- p N 44 m m U p 3 -.N. m42<d a 4444.44 STATE HIGHWAY ACCESS PERMIT 307037 Located on Highway 006M near RP 70.70 Left Issued to Frac Tech Services, LLC TERMS AND CONDITIONS March 5, 2007 This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. The Permittee shah design and install an eastbound to northbound left turn deceleration lane in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 3. The Permittee shall design and install a westbound to northbound right tum deceleration lane in conformance with section 4 of the State Highway Access Code, 2CCR 601-1 4, The Permittee shall design and install a southbound to eastbound left turn acceleration lane in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 5. A full width 2 -inch minimum depth overlay of the entire length of highway improvements shall be required in accordance with section 4.7(6) of the Access Code. 6. This access shall be constructed 25-35 feet wide with turning radii to accommodate the minimum turning radius of the largest vehicle or 70 foot, whichever is greater. The turning radius shall be measured from the white line on the Hwy to the edge of the driveway. A drawing of the design vehicle turning template for the largest vehicle entering/exiting site will be required to ensure proper radius and lane widths. 7. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. This access shall be hard surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 50 feet from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. 8. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on the roadway and at 6:1 to the approach. The driveway shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shah be in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 9. The Permittee shall provide a performance bond that will insure completion of the required highway and all related intersection improvements in conformance with all Department standards and specifications. The bond must be at least 110% of the estimated total highway construction cost and the bonding agency must be surety licensed to do business in the State of Colorado. A dConstruction oe sealed Colorado Registered Professional Engineer and a draft of the bond provided and approved byDeprtme before acceptance of the to commence. final bond and before construction is approved 10. The permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines provide requirements for design and construction. The STATE HIGHWAY ACCESS PERMIT 307037 Located on Highway 006M near RP 7070 Left Issued to Frac Tech Services, LLC March 5, 2007 TERMS AND CONDITIONS (cont.) current Standards Plans and can be found on the Design and Construction Project Support web page at: httri://www.dot.state.co.us/DesionSuvportl, then click on Design Bulletins. 11. A pre -design meeting is required prior to construction design. Required personnel for this meeting are: Professional Engineer of Record (le, The person who shall sign and seal the plan set) , Design Engineer, and Permittee. Please contact Devin Drayton 970-248-7245 or Brian Killian at 970-248-7293 for scheduling this pre -design meeting. 12. A Notice to Proceed, CDOT Form 1265 is required before beginning the construction of the access or any activity within the highway right-of-way. To receive the Notice to Proceed the applicant shall submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed. (b) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. (c) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The Traffic Control Plan shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. (d) Ten copies of Construction Plans Stamped (11"x 17" with a minimum scale of 1" = 50') by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code. (e) Signed and sealed Notice to Proceed Checklist. (f) Signed and Approved Performance Bond. (g) Signed and sealed drainage report or narrative. (h) Prior to the issuance of any Notice to Proceed, the applicant shall schedule a pre - construction meeting including but not limited to applicant, Engineer of Record, Construction Inspector, construction personnel, permittee (if other than applicant), CDOT representative and Traffic Control Supervisor. (i) A construction schedule will be required at the pre -construction meeting. 13. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration an site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 14. A new culvert may be required for this access. The drainage study will be used to size all culverts. As a minimum, a 24 -inch culvert with protective end treatments will be required, The culvert shall be kept free of blockage to maintain proper flow and drainage. 15. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier per State and Federal Standards. 16. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. STATE HIGHWAY ACCESS PERMIT 307037 Located on Highway 006M near RP 70.70 Left Issued to Frac Tech Services, LLC TERMS AND CONDITIONS (cont) 17. All workers within the State Highway right way U Ss all comply afey andr with nal employer's safety and health policies/procedures, and all applicable o Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be wom as appropriate for the work being performed, and as specified in regulation. 18. CDOT requires submission of SWMP plans on any projects where the area of CDOT ROW impacted exceeds one acre. 19. A temporary construction easement is required if highway improvements necessitate entering a other private properties for any reason. The Permittee is responsible for obtaining the said easement and providing the lease information to CDOT prior to obtaining the NTP. The easement shall be a signed legal agreement between the property owner and the permittee of the access permit. This easement shall stipulate the range of dates the permittee's contractor may enter the property and provide any construction plan & profiles attachments that have been agreed upon. 20. On all CDOT access permit projects where the developers are required to apply and obtain a CSP (Construction Storm Water Permit) from the respective regulatory agency, "The Permittee/Applicant is required to include the portion of CDOT Rights of Way to be impacted by the construction of the access within their Construction Storm Water Permit (CSP). A notice to proceed will not be issued until the Permitteelapplicant provides CDOT region permit office with the proof of such inclusion on the developer's CSP. 21. It is the responsibility of the permittee/applicant to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly from the appropriate agency. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" for details. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES- • ALL discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as: wash water, paint, automotive fluids, solvents, oils or soaps. • Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (W©CD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. However, construction activities may require a Construction Stormwater Permit. Contact the CDOT Water Quality Program Manager at 303-757-9343. • ANY OTHER DISCHARGES may require Colorado Discharge Permit(s) or separate permits from CDPHE or the appropriate agency before work begins. For additional information and forms, go to the CDPHE website at: http'//www.cdphe.state.co uslwglPermits U n itslwc cd pmt. htrn 1. March 5, 2007 STATE HIGHWAY ACCESS PERMIT 307037 Located on Highway 006M near RP 7030 Left Issued to Frac Tech Services, LLC TERMS AND CONDITIONS (cont.) March 5, 2007 22. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand tums by construction of physical medial separations. 23. A signed and approved temporary lease agreement is required if construction trailers are to be located on CDOT ROW during construction. 24. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 25. During access construction no construction personnel vehicles will be permitted to park in the state highway right-of-way. 26. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 27. All costs associated with any type of utility work will be at the sole responsibility and cost of the permittee and at no cost to CDOT. 28. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. 29. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. If mud is obvious condition during site construction, it is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance is found in the M & S Standards Plan No. M-208-1. 30. A fully executed complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 31. All construction and inspection work must be under the direction of a Colorado Registered Professional Engineer. The PE's responsibilities include, but are not limited to: (a) The PE shall evaluate compliance with plans and specifications with regard to the roadway improvements within the State right-of-way. The PE shall carefully monitor the contractor's compliance on all aspects of construction, including construction zone traffic control. (b) Engineering Certification: After inspection and before final acceptance, the Engineer shall certify to CDOT in writing that all inspections, materials, materials testing, and construction methods conform to the plans, specifications and purpose of design. Upon completion of the work, that responsible Engineer shall submit an "As Built" plans, showing in detail all approved construction changes, modification. 32. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 33. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. STATE HIGHWAY ACCESS PERMIT 307037 Located on Highway 006M near RP 70.70 Left issued to Frac Tech Services, LLC TERMS AND CONDITIONS (cont.) March 5, 2007 Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. Construction Completion & Final Acceptance 34. Upon the completion of the access and prior to any use as allowed by this permit. the permittee shall notify the Permit Manager by certified mail within 10 working days to request a final inspection. This request shall include signed and sealed certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, and the terms and conditions included in this permit. The engineer of record, shall be present for this inspection. The access serviced by this permit may not be opened to traffic until the CDOT Access Manager provides written initial approval. 35. Following the final inspection, CDOT will prepare an Access Construction Inspection Summary Letter and send it to the applicant, permittee, and engineer of record. If additional items are required to complete the access construction, a list of these items will be part of the access construction inspection summary letter. Ail required items and final as -built survey shall be completed within 30 days from receiving the Access Construction Summary Letter. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager, If all work appears to have been done in general close conformity with the above named permit. an initial acceptance letter will be sent to the permittee and this access may be opened for traffic. 36. The 2 year warrantee period will begin when the initial acceptance letter is issued. Jr accordance with section 2.5(6) of the State Highway Access Code, if any construction element fails within two -years due to improper construction or material specifications, the Permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. The letter of final acceptance will be issued once the access has been inspected and is found to comply with all material and construction in accordance with all applicable Department Standards and Specifications approx. 2 years after initial acceptance. David Pesnichak From: Mark Kadnuck[makadnuc@srntpgate.dphe.state.co.us] Sent: Thursday, March 22, 2007 3:14 PM To: David Pesnichak Subject: RE: Frac Tech Services EXHIBIT The cutoff for a public water system is a system that serves 25 or more persons for 60 or more days a year or a system that has 15 or more taps. The info provided indicated 25 to 120 employees and I assume they will be open more than 60 days a year. Based on the info I have, this system would be classified as a non -transient non -community water system. Their plan to recycle all washwater is acceptable as long as washing operations are conducted on an impervious pad (concrete). Give me a call with any additional questions. Mark A. Kadnuck, P.E. CDPHE-WQCD 222 S. 6th Street, Rm 232 Grand Junction, CO 81501 ph: 970-248-7144 fax: 970-248-7198 email: mark.kadnuck@state.co.us MEMORANDUM To. Dave Pesnichak From: Steve Anthony Re: Frac Tech Services SLIP Date: March 26, 2007 EXHIBIT Noxious Weeds Between the Garfield/Mesa County border and to Parachute, the county listed noxious weed, Diffuse knapweed is prevalent. Staff requests that the applicant provides a weed management plan that provides for monitoring and treatment of all county listed weeds, with particular focus on diffuse knapweed. Diffuse knapweed may act as a tumbleweed, so areas behind buildings and along fences may be a concern. COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT errnit fee $300.00 Date of transmittal 3/5/2007 The Permittee(s); FRAC Tech Services John Roney 16858 I H 20 Cisco, TX 76437 Region/Section /Patrol 3 / 02 / O9-2 Dave Jackson CDOT permit No. 307037 State Highway No/MplSide 006 M / 70.700 / L Local Jurisdiction Garfield County Applicant: Development Construction Services Chris Soelke 2350 G Road, Suite 240 Grand Junction, CO 8I505 817-850-1008 970-242-3674 Is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed. maintained and used it accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Located on the north side of Hwy 006M, a distance of 2112 feet east of UNA Road. Access to Provide Service to: (Land Use Code:) 110 - General Light Industrial (Drilling Support Services) Other terms and conditions: (Sine or Count) (Units) 235 DHV MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Date Title 8y (x) Upon the signing of this permit the perm'ttee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Devin Drayton with the Colorado Department of Transportation, telephone nbr. (970) 248-7245 at (east 48 ours prior to commencing construction within the State Highway right-of-way. epDlwner or legal representative of the property served by the permitted access and have full authority to The person signing as the permittee m accept the permit and s = ms an. .nditia Permittee Sig ur 2 "Per -mitt rinted Name: Date This permit is not valid until signed by a duly authorized representative COLORADO DEPARTMENT OF TRANSPORTATION By (X) of the Department. Tiff Date (of issue) e! tQ -- � ' mac , .7,0? +.^'t /f 17).(,?,(,r'' Required: Make copies es necessary for Previous editions are obsoVefe and may not he used 1.Re9 ion Locat Authority Inspector Devin Drayton 000T Form 31101 8198 2.Appllcanl MTCE Patrol Traffic Engineer 3.Staft Access Section 09-2 Dave Jackson Copy Distribution: March 31, 2007 Chris Boelke Development Construction Services, Inc. Construction Manager 2350 G Road, Suite 240 Grand junction, Colorado 81505 RE: Analysis of Noise From Proposed Frac Tech Truck Maintenance Facility Near Parachute IXANKARD ENVIRONMENTAL Dear Mr. Boelke, This letter describes the results of our analysis of noise from the proposed Frac Tech Truck Maintenance Facility to be located west of Parachute, Colorado. The analysis was conducted according to Garfield County and State of Colorado noise regulations. Noise levels from the proposed facility were predicted using methods that are acceptable to the professional acoustical engineering community, and all of the predicted levels are in compliance with County and State regulations. APPLICABLE REGULATIONS The Zoning Regulations of Garfield County Colorado state that the "Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made" (Section 5-03.07/8)- Table 1, below, shows the noise limits imposed by the Colorado Revised Statutes (Title 25, Article 12). The "Zone" applies to the type of land use that is present on adjacent properties. On this project, adjacent land use in three directions is industrial or undeveloped. Given that the facility has the potential to operate al night, the applicable noise limit in these directions is 75 dBA, as measured at a point 25 feet outside of the Frac Tech property. To the north there are two existing homes owned by Frac Tech, and a parcel of land that is zoned Agriculture Rural Residential Density (ARRD). The noise limit at these properties is 50 dBA. Noise is also regulated by the State of Colorado visa vi Section 800 of the Rules of the Colorado Oil and Gas Conservation Commission. The noise limits imposed by these regulations are identical to those of the Revised Statutes. SITE DESCRIPTION Figure 1 shows the proposed facility, which is located west of Parachute, Colorado. To the north lies Interstate 70, and the land north of the highway is undeveloped (zoned Resource Land). To the south lies U5 6, with a railroad and other industrial facilities further south. To the west lies the Travelers Highlands subdivision, which consists of industrial facilities such as concrete forming and oil field services. The land to the east is undeveloped. There are two houses on and part of the Frac Tech property, and these will be used for employees. Also, there is an undeveloped parcel surrounded by Frac Tech property that is zoned ARRD_ _ Denver Colorado • Madison Wisconsin • Portland Maine phone: (303) 666-0617 • fax (303) 600-0282 • www.hankardinc.eom !TANKARD ! NVIRONMENTAL . .to, C ,-,.. TABLE 1 MAXIMUM PERMISSIBLE NOISE LEVELS -- Lmax, dRA, (Colorado Revised Statutes 25-12) Daytime (1) Nighttime m Zone (7:OOam to 7:OOpm) (7:0Opm to 7 00am) Residential 55 50 Commercial 60 55 Light Industrial 70 65 Industrial 80 75 01 During the daytime, the noise level can be increased by 10 dBA for 15 minutes m any one-hour period (2) Noise level limit: decreased by 5 dBA for impulsive sounds PROJECT DESCRIPTION The proposed project consists of a truck maintenance and storage facility. Trucks servicing fracturing operations would enter and exit the site off of US 6 (refer to Figure 1). Trucks will be washed, refueled, and parked. Maintenance will be performed inside the Shop. Noise producing activities consist of trucks moving around on the site, a 10 hp air compressor at the Shop, and standard rooftop air conditioning equipment on occupied buildings. The applicant estimates that 25 trucks will be maintained at this facility initially, and that this number could grow to 44 in the future. Much of the time the trucks will be out in the field, and often they wall spend two to three days off-site at a time. Therefore, not all of the trucks using the facility will be on site at any one time. For this analysis, it was assumed that the worst-case situation for noise would be in the early morning when trucks are started and rolled out into the field. For our analysis we assumed 25 trucks would be running on-site simultaneously, along with three building -size rooftop air conditioners and the Shop corepressor. Analysis of Noise From Proposed Frac Telt Trudc Maintenance Facility page 2 Mardi 31, 2007 EastLot Line --- Noise Prediction Location 25 Feet Outside Property Line UNDEVELOPED LAND Max Nighttime Noise Level Limit 75 dBA Gulch UNDEVELOPED LAND ZONED RESOURCE LAND Max Nighttime Noise Level Limit 75 dBA North Loi Line — Noise Prediction Location Travelers Highlands Commerical Sub -Division INDUSTRIAL LAND USE Max Nighttime Noise Level Limit 75 dBA HAND ■rj NV1RONMENTAL fou•• •iC M ' z, . TWO ON-SITE EMPLOYEE HOUSES Undeveloped Land Zoned Aim Noise ,Prediction Location South Lot Line Noise Prediction Locations INDUSTRIAL LAND USE Max Nighttime Noise Level Limit 75 dBA West Lot Line Noise Prediction Location FIGURE 1- PROPOSED PROJECT SITE Analysis of Noise From Proposed Frac Tech Truck Maintenance Facility March 31, 2007 ° 0 ANKARD r -i NVIRONMENTAL `C wC' . - . ..rro;, C • NOISE ANALYSIS RESULTS Noise levels from the trucks, air compressor, and rooftop ventilation equipment were predicted along the site's property boundary and at the existing on-site residences. The prediction locations are shown in Figure 1. Noise emission levels from each piece of equipment were obtained from a variety of sources, including: the Roadway Construction Noise Model, Version I.Q, Federal Highway Administration, February 2006, Noise Control For Building and Manufacturing Plants, Layman Miller, Bolt Beranek and Newman, 1981, and from York Equipment Noise level propagation was calculated using the methods prescribed by International Standards Organization 9613, Attenuation of Sound During Propagation Outdoors. The distances from the sources to the receptor points were calculated using the electronic design files provided by the applicant The predicted noise levels are shown in Table 2, along with the applicable limits from the Colorado Revised Statutes and the approximate distances from the acoustic center of the facility to each prediction point As can be seen, all of the predicted noise levels are below the prescribed limits. Thus, the proposed project is in compliance with the State of Colorado noise limits and therefore in compliance with the Zoning Regulations of Garfield County. TABLE 2 PREDICTED NOISE LEVELS FROM PROPOSED FRAC TECH MAINTENANCE FACILITY Prediction Location (0) Approximate Distance to Predicted Noise Level Noise Level Limit PI Sources (Lmax, dBA) (Lmax, dBA) (Feet) North Lot Line 600 59 75 East Lot Line 2200 43 75 South Lot Line 125 68 75 West Lot Line 1800 45 75 On-site Residences 2200 43 50 CO Refer to Figure 1 (2) State of Colorado (CRS 25-12) Please call if you have any questions. Sincerely, /(64,4/ Michael Hankard President Analysis of Noise From Proposed Frac Tedi Truk Maintenance Facility page 4 March 31, 2007 EXHIBIT District Court, Water Division 5 Garfield County, Colorado Court Address: 109 8th Street, Room 104 Glenwood Springs, CO 81601 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: MYRTLE J. CASTEEL, JANET A. SMALLWOOD, JOAN E. WRIGHT AND JOSEPH P. CASTEEL IN GARFIELD COUNTY, COLORADO Case Number: Attorney for Applicant: Glenn D. Chadwick, #14575 BEATTIE & CHADWICK LLP 932 Cooper Avenue Glenwood Springs, CO 81601 Phone: (970) 945-8659 FAX: (970) 945-8671 e-mail: glenn@beattiechadwick.com .com NOTICE OF TRANSFER OF CONDITIONAL WATER RIGHT A COURT USE ONLY A 00 CW 86 Division: Courtroom: 1. Title and case number of the case in which the conditional decree was issued: Original Applicant: Charles P. Casteel Date of Original Decree: November 19, 1966 Civil Action No. 4914 Court: District Court, Garfield County, Colorado 2. The description of the conditional water right Location: the point of diversion is located on a point whence the NE corner of Sec. 27, T. 7 E. 2211.4 feet. transferred: the Northerly bank of the Colorado River at S., R. 96 W. of the 6th P.M. bears N 18°25' Source: Colorado River Appropriation Date: October 7, 1959. Amount: 11.11 c.f.s., conditional Uses: industrial, irrigation, fire protection, domestic, and other beneficial uses. 3. The name of the transferors: Janet A. Smallwood, Joan E. Wright, and Joseph P. Casteel 4. The name and mailing address of the transferee Frac Tech Services, LLC c/o Farris Wilks Chief Operations Officer 16858 Interstate 20 Cisco, TX 76437 817-850-1000 A copy of the recorded deed is attached. Respectfully submitted this 3 ( day of rc' , 2006. BEATTIE & CHADWICK, LLP Attorneys for Transferors and for Transferee Frac Tech Services LLC By: enn D. Chadwick, #14575 Copy of the foregoing mailed to all Cn mse! of Record. anc Deputy Cierk, Water Dv. 5 District Court, Water Division 5, Colorado NOTICE OF TRANSFER OF CONDITIONAL WATER RIGHT Shale Pumps and Pipeline Page 2 1.11 lU/3I/20ilb 10:18 'NAS 1 111111 111111 11.1111111111 1111 11111 1111111 Citi 11111 1111 1111 699552 05/09/2006 01:50P 81808 13704 M ALSDORF 1 of 3 R 16.00 D 163.95 GARFIELD COUNTY CO Ann- Recording Return in: Frio: 'leen Services. LLC 16858 IH 20 Cisco, TTX 74137 WARRANTY DEED This Deed, made June 7, 20o6, between Janet A. Smallwood and Joan E. Wright and Joseph F- Casteel of the County Mesa, State of COLORADO, grantor(o) and Frac Tech Services. LLC. a Texas Limited liability Company, whose legal address .s 1nti5ki III 24, (Tree TX 76417, County of . and State of TEXAS, grantee_ WITNESS. Thur the grantor, for and in the consideration of the sum of One Million Six Hundred Thirty Nine Thousand Five Hundred and No/100 U.S. Dollars (51,639.500.00 ) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed, and by these presents does grant, bargain. sell, convey and confirm, unto the mintee, their heirs and assigns forever, all the mai property together with improvements, if any, situate, lying and being in the County of Garfield. State of t:ULOR,ADU described as follows: See Exhibit A attached hereto and made a part hereof. also known by street and number as Highway 6 - vacant land, Garfield County, CO TOGETHER with all and singular hereditament and appurtenances, thereunto bekmginc, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof. and a1 the estate. right, title, interest, claim and demand whatsoever of the gorntor, either in lax or equity, of, in and to the above bargained pr rr scs, with the hcttditamcnts and appurtenances. TO HAVE AND TO HOLD said premises above inn -gained and described, wills the appurtenances, unto tile granlix, his heirs and assigns forever. And the grantor, for himself, his heirs and personal represenuitivcs, dors covenant, grant, bargain and agree in and with the grantee. his heirs and assigns, that at the time of the =sealing and delivery of these presents- he is well seized of the promises above conveyed, has good, stere, perfect, absolute and indefeasible eswte of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grunt, bargain, sci'l and convey the sane in manner and form as aforesaid, and that the same arc rrce and clear from all former and other grants. bargains. sales, liens, taxes. assessments, encumbrances and restrictions of whatever kind of nature so ever, except far taxes for the current year. a lien but not yet due and payable, and those specific Exceptions described an Exhibit II attached hereto, l he grantee and anyone claiming by, through, or tinder grantee fully and irrevocabl releases grimier, their representatives and agents, from any and all past. current, and future claims against grantor. their representatives sad agents for any coal, loss liability, damage, expense, damage, action. or cause of settop arising from or related In any defects, errors, omissions, or other conditions (including, for example, environmental matters) affectiag the above bargained or reserves all of their right fide nd interest in and to any and an rot erals no and heor n h the sportion urface of the tabove bargained premises SUBJECT to the foregoing exceptions, the grantor shall and will WARRANT ANI) FOREVER DEFEND the above- harsatned prernisac in the quiet and peaceable possession of the grantee, his heirs shad assigns. against all and cvery person or persons lawfully, claiming the whole or any part thereof, The smgutar number than include the plural, the plural the singular, and the use of any gender shatl be applicable to all genders. iN WITNESS WHEREOF. the granter has executed this on the date set faith above. GRANTORS: Jori A. Smallwood o by 1'. Cast STATE OF COLORADO COUNTY OF Mesa l he foregoing instrument was acknowledged, subscribed and swum to before me June 7.2006.. by Janet A. Smallwood and Joan E. Wright and Juseph P. Caster'. Witness my hand and official seal My Crprnmissloe Expires 041212007 WD -Warrant:. num' Notary Public My Commission expires: 4/23/2007 ESCk(O W NO 926-1101149.144197-N AF LY 10/3J./2006 10:18 FAX IQ 003/006 Ililll 11111 1111111 1111 1111 VIII ....III III 11111 1111 IIII 599652 06/09/2006 01:50P B1808 P705 M RLSDORF 2 of 3 R 16.00 D 163.95 GARFIELD COUNTY CO Exhibit A The SEI14NW1/4, the NE1/4SW1/4, the NW1/4SW l/4, and Lot 2 of Section 27, Township 7 South, Range 96 West of the 6th P.M. The SWI /4SW I14 of Section 27, Township 7 South, Range 96 West of 6'h P.M. except that part of said S W 1/4SW 1 /4 lying south of the southerly boundary of U.S. Highway No. 6 and 24. That part of Lot 1 and of the W 1/2NE1 /4 of Section 27, Township 7 South, Range 96 West of the 6`h P.M., described as: Beginning at a point on the westerly boundary line of said WI /2NE 1 /4 285 feet southerly of the North quarter corner of said Section 27; thence S. 59°35' E. 248 feet; thence S. 22°58' E. 285 feet; thence S. 87°46' E. 178 feet; thence S. 23°35' E. 290 feet; thence S. 63°54' E. 289 feet; thence S. 51°44' E. 545 feet; thence 47°47'E. 378 feet; thence S. 29°09' E. 228 feet; thence S. 74°13' E. 121 feet; thence S. 49°37' E. 176 feet to the Northwesterly bank of the Colorado River; thence southwesterly along said bank of said River to its intersection with the south boundary line of said Lot 1; thence westerly along said South boundary line to the Southwest comer of said W112NE1/4, and thence northerly along the westerly boundary line of said W 1/2NE1 /4 to the point of beginning. Except all that part Northwest of Interstate 70. Also Excepting therefrom: (a) All real property described in Deeds recorded August 10, 1962 in Book 343 at page 569 and Re-recorded in Book 343 at page 426. (b) All real property that was taken by Rule and Order of Case No. 81 CV 164 recorded January 4, 1988 in Book 727 al Page 255 as Reception Number 388735. (c) All real property described in Deeds recorded March 16, 1989 in Book 567 at Page 502 as Reception Number 312881, recorded March 16, 1989 in Book 567 at Page 503 as reception Number 312882 and recorded March 16, 1981 in Book 567 at Page 504 as Reception Number 312883. All Parcels being situated in the County of Garfield, State of Colorado. 10/31/2006 10:18 FAX f (1tfl ll( ILII M 111 699652 R i6s�2�0 „ RF1Et p Ogit1(TY CO of 3 R 16.8Q G 163 Exhibit B Any facts, rights, interests or claims which are not shown by the public records but which could he ascertained by an inspection of the land or by msalang iniquity of persnns its possession thereof. Easements, or claims of easements, not shown by public records. Discrepancies, conflicts in boundary lines, shortage in area, cncmachrncnts, and pu1facctss whjch. a coaect survey and inspection of the land would disclose, and which are not shown by the Any lint, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. lo remove s ore therefrom should hc pet oft the orintersec t a premin ises hereby grantedr lode to extract tas rc.crvedtin United States Patent9recorded omanbe lnund apeaetrate or P January 24, 1894 at Reception Number 16833 in Book 12 lit Page 2.74 and recorded March 26, 1902 in Book. 50 at Page 444. Right of way for ditches or canals constructed by the authority of the United States,as sere ed 16853 anin d States Patent recorded on January 24, 1894 in Book 12 at Pagc 274 as Reception recorded March 26, 1902 m Hook 56 at Pug Company document 5, 1907 B X69 atto Pae 180e lorado Telephone and at Reception Number 221, astthe same may affect subjected INoverribcr prope� Y. 5, 1907 in Sao Easement as granted to The Mountain States Telephone and Telegraph Company by insteurnenl recorded on July 14, 1931 in 94 as Rcccept on Number 128805, e 593 as as he same may Number 4 subject property. recorded July 14, 1937 in Book f86atl`agcS 89 567 at Page Easements as reserved in Document,recorded 1989 in Bookh16, 567 at9Y Page as reception NumO2 as ber 3 288 lion and recorder March , re recorded Manch 16, 1981 in Book 567 at Page 504 as Reception Number 312883. 7 on Number 104892ls as reserved in Deeds19 in Book 159ded 1y 15, 1929 in Book 159 at Page at Page 98, recorded September 3, 1929¢ in Book1155 at Page 372 as recorded July be5, 1929 372 as }Leceplinn Number 105249, recorded September 3, 1929 in Book 155 at Page 373 as Reception 105250, recorded in Book 20, 81l931 in at Page 228 asook l59 at Reception Number133545 3e 237 as 5tiona ecoorrdedmber l09525, May 15, recorded in o3xs1 21,affect subject property. Book 3 l7 at Page 276 as Reception Number 205393, as the sense may J 1995 in Book 947 at Easement as granted to the Public Service Company of Colorado recorded July 25, Page 889 as Reception Number 481016 and recorded December 7, 2004 in Book 1645 at Page 26 as Reception iciunsber 664584. Any rights, title, interest Or easement in favor of the United States, the State of Colorado or the public, which exists or are claimed to exist in and over tate present and past bed, hanks ar walcrs of lice Colorado River. Any loss of or adverse claim t0 any portion of subject property adjoining the Colorado River based on an assertion that the channel and banks thereof have been changed or altered other than by natural causes and in imperceptibtc degrees. Easernetnts and rights of way as constructed and in place for the following: (a) Denver Rio Grande Western Railroad (b) State Highway 6 it. 24 Any loss or damage arising from the fact that any fence lines on ar near the perimeter of subject property may not coincide with property lines. Lei UO4/ uuo 10/31/2006 10:18 FAX \-\ 0 \\kc�L 1111111111111111111 1111111111111 1111111 11111111111111 699653 05/09/2006 01:52P 81808 P707 11 ALSDORF 1 of 2 R 11.0Z 0 0.00 GRRF1ELD COUNTY CO QUITCLAIM DEED FOR WATER RIGHTS Janet A. Smallwood, Joan E. Wright and Joseph P. Casteel, the grantors, for the consideration of Ten Dollars ($10.00), hereby sell and quitclaim to Frac Tech Services, LLC, a Texas limited liability company whose address is 16858 IH 20, Cisco, Texas 76437, the following real property, consisting of water rights, in Garfield County, Colorado: All ditches and ditch rights, water and water rights (whether direct flow, storage, or underground water rights) appurtenant to or presently or historically used in connection with or adjudicated for use on all or any part of the real property described in the attached and incorporated Exhibit A, including but not limited to the Shale Pumps and Pipeline water right to 11.11 c.f.s. conditional, decreed in Civil Action No. 4914, Water Division No. 5, with a finding of reasonable diligence in Case No, 00 CW 86, for industrial, irrigation, fire protection, domestic, and other beneficial uses. DATED: June 7, 2006. J e t A Smallwood c tee] ph P, C STATE OF COLORADO ) ss. COUNTY OF MESA The foregoing instrument was acknowledged before me the 7sh day of June, 2006, by Janet A Smallwood, Joan E. Wright and Joseph P. Casteel. WITNESS my hand and official seal. My commission expires: '''AU r) My Commission Expires 04/23/2007 Notary Public 14 005/006 1 imfld]R/(Ub 10/3112006 10:18 FAX IIEE111111111111111111111111111:..1111111111111111111 699653 06/09/2006 01:52P 131808 P708 M 1LSD0RF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO Exhibit A The SE114NW 114, the NE 114SW f 14, the N W 114SW 114, and Lot 2 of Section 27, Township 7 South, Range 96 West of the 6`b P.M. The SW 1 /4SW 114 of Section 27, Township 7 South, Range 96 Np West 0 6th P.M. except that part of said SW114SW 114 lying south of the southerly boundary Y 4. That pert of Lot 1 and the westerly thl Iy of Section 27, Township feet southerly of the North described as: Beginning at a point on the bo ndary line of saidW112NE114 285 quarter corner of said Section hthence S. E. 545 f et;58' E. 285 fth nce 47M7'E73 8 feet thencefeet; thence 5.2335' E. 290 feet; theence S. 63 54' E. 2$ feet; then a S. 51°44' S. 29°09' E. 228 feet; thence S. 74°13' E. 121 feet; thence S. 49'37' E. 176 feet to the Northwesterly bank of ththe south boundary e of said ection Colorado h River; w thence sS d South boundary line to the Southwest cornerly along said bank of said River to its of said W 1 /2NE114, and thence northerly Lot 1; thence westerly along along the westerly boundary line of said W 1/2NE 114 to the point of beginning. Except all that part Northwest of Interstate 70. Also Excepting therefrom' (a) All real property described in Deeds recorded August 10, 1962 in Book 343 at page 569 and Re-recorded in Book 343 at page 426.4, `, 988 in Back 727 (b) All real property that was taken by Rule and Order of Case No. 81CV164 recorded January at Page 255 as Reception Number 388735. tion Number (c) All 88 i recorded described in 1989 inrecorded Book 567 atch 16, Page503 as rece9 in ption Nurnberk 567 at ge 502 as 312882 and recorded March 312881, recorded Marc 16, 1981 in Book 567 at Page 504 as Reception Number 312883. MI Parcels being situated in The County of Garfield, State of Colorado. EXHIBIT Dust Control Plan For Frac Tech's Parachute Truck Maintenance Facility Dust control for site will he provided via truck washing on site, paved drive lanes around perimeter of parking lot, washed rock cover in graveled parking areas. street sweeper use on paved areas, and in the event that the washed gravel cover is not providing sufficient dust control, a dust control agent can he employed. Weed Management Plan For Frac Tech Services, LLC Parachute, CO Site EXHIBIT The weed management on this site will be accomplished via several methods first of which is that this site will only require disturbing approximately less than 10 acres of the 77 acre parcel. On areas that are disturbed and not covered by structures such as buildings and concrete pads the following methods will be employed: • On soil that has been stockpiled. bermed or contoured such as detention areas, an approved seed mix will be used to vegetate and stabilize the soil or the area will be rip rapped and monitored and maintained. • Perimeter drive lane around the gravel parking areas will be swept periodically by a street sweeper that will pick up dust and seed vs. just moving it off of surface. • Paved areas will provide weed control. • Landscaped areas around the main building will be monitored and maintained. • Fence lines will be monitored and sprayed as needed. • Trucks will be washed after arriving at yard and before leaving; sand and mud from trucks will be collected in sand / oil separator and disposed of in local landfill. • Graveled areas will be monitored and sprayed as needed. Rehabilitation Plan For Frac Tech's Truck Maintenance Facility in Parachute EXHIBIT Frac Tech is building this facility as a permanent facility, as the current estimates of this type of activity, by the industry, are consistently in the 25 year and beyond range. As such, Frac Tech is building this facility with the eye to the community. choosing to locate in Parachute instead of down country in Grand Junction as some of the other large frac companies have done. Locating this facility in Parachute has the benefits to the community of providing a boost to the tax base to help offset the impacts to the infrastructure that these activities bring and providing a local employer to the community that can also help to offset impacts through increases in local sales taxes and in the fact that employees will not have to commute to Grand Junction to return to work in the Garfield County and Parachute areas. Frac Tech has been a good partner to other communities that they still do business in, providing good jobs, help in civic projects and generally investing in the communities that they become a part of. Frac Tech is desirous of building a quality facility and operating it in a responsible manner the makes it an asset not only to them. but to the community as well. Frac Tech has not closed down a facility of this nature in the ten years that they have been in this industry, and do not foresee this in the future of this facility. However in the event that this facility is shut down or changes in the industry force something of this nature, Frac Tech is willing to approach that possibility in the following manner: • in the event that Frac Tech would ever want to sell the facility, and the buyer would not want al] of the equipment, Frac Tech would see that al] such equipment would be removed as part of the sale agreement. Items such as fueling station, fuel storage tanks, gel tanks etc. • In the unlikely event that any contamination would exist. that contamination would be removed and disposed of in compliance with any regulations governing this activity as part of a sales agreement. • In the event that Frac Tech ceases operations, they would mothball the facility until a buyer could be found, or that the activity would start up again and they would re -open the facility. As part of this action, they would maintain the site in a manner that would minimize the potential for contamination or undue hazards existing on the site. Included in this activity would be general appearance, weed control, and drainage control. By DATE 04-03-2009 J Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman S. Denver Colorado 80203 (303) 866-3581 APPLICANT EXHIBIT Vt/V WELL PERMIT NUMBER 273164 DIV. 5 WD 39 DES. BASIN MD FRACH TECH SERVICES LLC 2764 COMPASS DR STE 200A GRAND JUNCTION, CO 81506- (970) 255-1522 PERMIT TD CONSTRUCT A WELT ISSUANCE OF THS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 16. 3) Approved pursuant to CRS 37-92-502(3)(b)(l) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels andlor water quality sampling. 4) This well must be equipped with a Locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall marls the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Wel! Construction Rules. tf non-standard construction is anticipated. a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Weil Construction and Test Report (Form GWS -31), including Lithologic log must be submitted by the individual authonzed to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 10) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as -built well location on work reports required by Rule 17.3 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual location. The location information must include either the 1/4, 1/4, Section. Township. Range. and distances from section lines, or a GPS location pursuant to the Division of Water Resources' guidelines. APPROVED WELL LOCATION GARFIELD COUNTY 1/4 1/4 Section 27 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Section Line Ft. from Section Line UTM COORDINATES (Meters,Zone:13 NAD83) Easting: Northing: APPROVED JSG State Engineer Rpr.Pint No 3614888 DATE ISSUED 04-03-2007 Form No. GWS -7 EXEMPT PERAAl T INFORMATION SHEET 5/2006 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 821 Centennial BIdg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 Fax (303) 866-3589 INFORMATION FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-92-602 (HOUSEHOLD, DOMESTIC, LIVESTOCK AND EXEMPT COMMERCIAL USES) Carefully read the conditions of approval on your well permit The conditions and the information on thio information sheet must be complied with in order for the permit to remain valid. THE PERMIT EXPIRATIONI DATE IS TWO YEARS FROM THE DATE ISSUED. The well must be constructed ane evidence of its construction must be received by this office in the form of a Well Construction and Test report fron- the well construction contractor confirming that the well was constricted Prior to expiration of the well permit ThE well permit number is located in the upper right hand corner of the permit,, and the expiration date is located in the lower right hand comer. The expiration date of the permit may be extended one year at a time at the discretion 01 the State Engineer for good cause shown. If an extension of time is necessary to construct the well, a written request for the extension of time rnust be received by this office prior to the expiration date of the well permit In the request, you must provide the well permit number, your r,aine and mailing address and the reasons why the well has not been constructed and approximately when it will be constructed. Water well construction and pump installation contractors are specifically licensed in Colorado to specialized tasks. It is illegal for contractors who do not hold these licenses to construct wepeap these equipment in or on wells. The well must be constructed and the pumpinstalled by wells andfor install pumping contractors with current license(s) issued by the State of Colorado unless exempted as described on the reverse side. Please ask to see their license(s). Backhoe Operators and Licensed Plumbers may or may not hold the respective Well Construction and/or Pump Installation licenses. Please be aware of this when you contract to construct the well and install pumping equipment. The well construction report including a test of the well yield must be submitted to the office of the State Engineer within sixty (60) days of completion of the work or within seven days after expiration of the whichever is earlier. The pump installation report including a pumping system test must be submitted within sixty (60) days of completion of the work. The contractor(s) must provide you with a copy of the work report(s) filed with the State Engineer. The VVeIl Construction; and Test Report, Form Number GWS -31 and the Pump installation and Test Report. Form Number GWS -32 are available from the Division of Water Resources offices. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet You have been provided with at least two copies of the well permit. Keep a copy for your records. There is also a copy for the pump installation contractor. Copies have been sent to the driller if you indicated a driller license number on the application, or two additional copies have been enclosed. You may make additional copies for the well construction contractor if you select one different from the one indicated in your application. The original permit is on file in the Denver office Records Section. Copies may be obtained for a fee o. 50 cents � - per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Forrn nurnoer GINS -11 is used both by new owners to report ownership changes and current owners to report address changes. If you have questions, contact the Denver Office. or the Division Office in the area where your well is located. Division 2 310 E. Abriendo Ave Ste B Pueblo, CO 81004 (719) 542-3368 Fax (719) 544-0800 Division 6 Direct mail to Box 773450 505 Anglers Dr. Suite 101 Steamooat Spgs, CO 80477 (970) 879-C272 Fax (970) 879-1070 Division 1 810 91'.' St. 2"d Floor Greeley, CO 80631 (970) 352-8712 Fax (970) 392-1816 Division 5 Direct mail to Box 396 Glenwood Spgs CO 81602 50633 J.S. Hwy 6 & 24 Glenwood Spgs., CO 81601 (970) 945-5665 Fax (970) 945-6741 Call first ' Division 3 301 Murphy Drive Alamosa, CO 81101 (719) 589-6683 Fax (719) 589-6685 Division 7 701 Camino Del Rio Ste. 205 Durango, CO 81301 (970) 247-1545 Fax (970) 259-0944 Division 4 1571 East Main St. Montrose, CC 51401 (970) 249-6522 Fax 1970) 249-8728 Denver Office 1313 Sherman St. Rm. 818 illDenver, CO 80203 (303) 866-3581 Fax (303) 866-3589 WELL CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER You may construct the well and/or install the pump yourseilf if the well is for your own use, is on property you own, and is constructed or pumping equipment is installed with equipment owned and operated by you. It is your responsibility to complete and submit the Well Construction and Test Report, Form Number GWS -31 and/or the Pump Installation and Test Report, Form Number GWS -32. These forms are available from our offices. The well must be constructed and the pump installed in accordance with the well construction standards of the State Board of Examiners of Water Well Construction and Pump installation Contractors. The Water Well Construction Rules are available from Division of Water Resources offices for a fee of $5.00. The Rules cover the minimum requirements for well construction, pump installation, disinfection, plugging and sealing and include contractor licensing regulations. If you are constructing your own well or installing pumping equipment, it is recommended that you obtain a copy of these Rules for reference. RULE 12 WELL TESTING 12.1 General - The provisions of this ruse establish minimum standards for the testing of water wells. Every well constructed for the purpose of producing ground water shall be tested to determine: a. a stabilized yield for the well; and b. the production rate of the equipment installed when the well is placed into service. 12.2 Well Yield Test - The yield of a well shall be determined as a stabilized production rate where the withdrawal rate and the drawdown dc r. t ch2rige by more than 1 D % during the last hour of the+sa. The tg.-st t"cas shall demonstrate that either_ a. the well is capable of producing the permitted pumping rate for the well; or b. that the maximum yield of the well is less than the permitted production rate, 12.3 Responsibility for Weil Yield Test - Well construction contractors are responsible for performing the well yield test and submitting the test data to the State Engineer. If the construction contractor also installs the production equipment, the well yield test may be combined with the production equipment test, provided that the test meets the requirements of Rule 12.2. The construction contractor may forgo the well yield test if he can show that a licensed pump installer will perform the well yield test with the permanent production equipment within thirty (30) days of completion of construction of the well. If the pump installation contractor performs the well yield test, he/she shall submit the test information on the Pump Installation and Test Report. 12.4 Production Equipment Test - The production equipment installed in wells shall be tested to ensure it is functioning as designed. The test shall demonstrate the production capacity of the equipment as actually installed in the well. ft is the responsibility of the person installing the pumping system to ensure that the production from the well complies with the conditions of the permit. 12.5 Responsibility for Production Equipment Test - Pump installation contractors are responsible for testing the production equipment installed in a well upon completion of their work. If the we!! construction contractor determined the well yield and submitted a report, the pump installer need not perform another well yield test. If the pump installer does not perform a well yield test with the permanent production equipment, he shall perform a production equipment test and report the data (results) to the State Engineer on the Pump installation and Test Report Wells to be plugged and sealed must be plugged in accordance with of the Water Weil Construction Rules. A Well Abandonment Report, form number GWS -9 must be submitted to confirm plugging and sealing of the well. This form is available from our offices_ The general Rule for plugging and sealing wells is printed below. The specific rules are found on the reverse side of the Well Abandonment Report form. RULE 16 STANDARDS FOR PLUGGING AND SEALING WELLS AND WELL EXCAVATIONS 16.1 General - The plugging, sealing and abandonment of all wells, monitoring and observation wells, monitoring and observation holes and test holes that are no longer intended for use, and the plugging, sealing, and abandonment of dry holes, collapsed or unusable boreholes, and other incomplete wells or excavations is necessary to prevent contamination of ground water and the migration of water through the borehole. It is the ultimate responsibility of the well owner to have an existing well property plugged, sealed and abandoned. The well construction contractor or authorized individual is responsible for notifying the well owner in writing of these plugging requirements_ David Pesnichak From: Chris Hale [chris@mountaincross-eng,com) Sent: Tuesday, April 10, 2007 10:35 AM To: David Pesnichak Subject: Frac Tech Services, LLC David: Page 1 of 1 EXHIBIT A review has been completed for the Frac Tech Services, LLC Special Use Permit Application. The package was found to be thorough and well organized. The following questions, concerns, or comments were generated: 1. The traffic study did not mention whether or not the increased traffic would have an impact on the access permit with CDOT. ?, The traffic study used growth factors that did not compound annually; also the annual growth rate factor is fow when compared with County growth statistics for the area. 3. It would be prudent to include an oil separator for the storm runoff from the parking areas in the Stormwater Management plan. Thanks for the opportunity to provide this review. Feel free to call with any questions, concerns, or comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, P.E. 826 1/2 Grand Avenue Glenwood Springs, CO 81601 Ph: 970.945.5544 Fx: 970.945.5558 4/10/2007 David Pesnichak From: Steve Anthony Sent: Wednesday, April 11, 2007 9:51 AM To: David Pesnichak Subject: RE: Frac Tech Misc. Plans Dave The weed management plan is acceptable From: David Pesnichak Sent: Friday, April 06, 2007 11:29 AM To: Steve Anthony Subject: Frac Tech Misc. Plans Hi Steve, Page Iof1 Please take a look at these plans for Frac Tech. It is going to hearing for the Planning Commission next Wednesday April 11. If it is possible. please let me know what you think of them... I have not looked through them yet either.) have attached a copy of the Staff Report and Exhibits for your information. Thanks. Dave David Pesnichak Senior Planner - Long -Range Garfield County 108 8th Street, Suite 401 Glenwood Springs. CO 81 601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dPesnichak@gariield-county.com www.garfield-count com From: Chris Boelke Emailto:chits©developmentconstructionservices.corn] Sent: Friday, April 06, 2007 10:57 AM To: David Pesnichak Cc: Farris Wilks Subject: Frac Tech's SUP reports David, here are the three reports you requested. Would it be efficient to wait until after the meeting to show this to the Vegetation Manager? Chris Boelke Development Construction Services, Inc Construction Manager 2350 G Road. Suite 240 Grand Junction, Colorado 81505 Phone (970)242-3674 Fax (97())245-3674 4/11/2007 David Pesnichak From: Chris Hale fchris@mountaincross-eng.comj Sent: Tuesday, May 29, 2007 2:31 PM To: David Pesnichak Subject: RE: Frac Tech SLIP Review David: Page I of 2 EXHIBIT I have reviewed the attachments to the below e-mail and have no comments. ! do have one recommendation: The maintenance responsibility of the proposed Sand and Oil Separator should be clarified and The engineer should specify how and how often should be the frequency of inspection and/or cleaning, i.e. check after every storm, every other storm, every 6 months, etc. and at that time: remove debris from basket, replace filter every XX months/years, pump reservoir when within XX inches of top. etc. Feel free to call with any questions or comments. Sincerely, Mountain Cross Engineering. Inc. Chris Hale, P.E. 826 1/2 Grand Avenue Glenwood Springs, CO 81601 Ph: 970.945.5544 Fx: 970.945.5558 From: David Pesnichak[mailto:dpesnichak©garfield-county.com] Sent: Thursday, May 17, 2007 12:33 PM To: Chris Hale Subject: Frac Tech SUP Review Hi Chris, One of the conditions of approval from the Planning Commission for Frac Tech to move onto to the BOCC is: I • The Applicant shall design and install an oil separator for the storm runoff from the parking areas. This system shall prevent oil and other contaminants from entering the detention ponds through storm water runoff. This system design shall be submitted and reviewed by the Garfield County Engineer prior to a hearing with the Board of County Commissioners. The folks at Development Construction Services have provided me with the following information for your review. Please let me know any thoughts/comments you have on the proposed system. Also, if you need any further information to aid in your review, please let me know, Thanks, Dave David Pesnichak Senior Planner - Long -Range Garfield County 108 8th Street, Suite 401 5/30/2007