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HomeMy WebLinkAbout2.0 BOCC Staff Report 03.17.2008Exhibits for a Public Hearing held on March l7th,20OB - (Rodreick - Bill Barrett Corp. Water Gathering Site) Exhibit Letter {Ata Zl' Exhibit A Proof of Mail Receipts B Proof of Publication C aq4[eld County Zoning Resolution of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F Memo from the County Road and Bridge Department dated Februarv 27.2008 G Memo from the County Vegetation Management, Steve Anthony dated February 26,2008 H Email from Brit Mclin of the Burning Mountain Fire Protection District dated February 20,2008 I Letter from Michael Erion, PE of Resource Engineering dated Februarv 28,2008 J P4* dre irz,nafiurz o-9 \ S{-{L bod cQz V/ace #z a /( Q*'7,'fi,€€ e < P 1/esR- l*nd rtz ptAce- A-c $€o.aoa 7Ol, ol lnot *-'V & 3''k u'4 ?P/"< -4p/^4/ '/t= cond. e-a REQUEST: APPLICANT/PROPERTY OWN ER: LOCATION: SITE INFORMATION: ACCESS: EXIST!NG ZON!NG: ADJACENT ZONING: BOCC 3n7t08 DP The Applicant requests a SUP for "Processing and Material Handling of Natural Resources" in the ARRD zone district Perry Dan Rodreick (Bill Barrett Corp.) SESW, SWSE of Section 30, NENW, NWNE Section 31 Township 6 South, Range 91 West, 6th PM, generally described as a tract of land 11 miles south of the Town of Silt off County Road 311. 160 acres (10 acre disturbance area) cR311 ARRD (Ag ricultural/Residential/Rural Density) ARRD (Ag ricu ltural/Residential/Rural Density) PROJECT INFORMATION AND STAFF COMMENTS I. DESCRIPTION OF THE PROPOSAL: The Building and Planning Department received a Special Use Permit (SUP) application for "Processing and Material Handling of Natural Resource" for a Water Gathering Site on property owned by Parry Dan Rodreick and operated by Bill Barrett Corporation located on an approximately 10 acre surface lease area 1 '1 miles south of the Town of Silt and adjacent to Garfield County Road 31 1 . The proposed facility will be installed in the Grass Mesa area on the existing 218-31-691 SWD well pad in the SESW, SWSE of Section 30, NENW, NWNE of Section 31 in Township 6 South, and Range 91 West. The Applicant is proposing to utilize an existing water gathering site within the 218-31-691 SWD well pad to collect produced water from surrounding gas wells, separate residual oil and recycle the used water back into operations in the field via pipeline. The infrastructure is already in place and was utilized for the well which is on the existing well pad. Since the water gathering facility is now proposed to serve surrounding wells, it is necessary for the Applicant to obtain a Special Use Permit for the site. The Applicant has obtained the necessary Centralized E&P Waste Management Facility Permit from the COGCC and has bonded the site for reclamation and rehabilitation through the COGCC in order to use this facility to serve surrounding wells. Following discussions with the Applicant's representative, this facility is only to permit the existing tanks on the well pad and it is not to incorporate any open air ponds. The Applicant has represented the following: Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 2 ,A,qe_nSBl tgpoFf,{phis. qsot,g$rj$f and,hydrotgotc dBbq.Iipuon gJ Eaph.sits: GOIJ Rotleick:iB-31-6-Sl SWf) - lower vallcv fJoor rvirh li:rqc hills surrornrditrg rhe lropsrty. 'i'o $rqnnrtb r:l'the pacl thele is a srrr,il in:igated ficltlivirtr wtrat ap*an"rui5" planted with rt'heatgrasse.s, $ite consi,slol"a grarlecl pad nnrl qonsfuctir,.t ;i;*;;;;;; lroldingin'ig*tioD14ate'1o'il1e'nortlisodeiIstrr:,rtr*.thcitih,, lmmedlatelv adiacent tand uses: GCtl Rodrcick ?]B-31-6gl S\UIJ - Iarming ancl R*uching opcrarione. Some Nrrurul gas well pads lacated rryititjn fairly c.losq pruximit-v to the to<aiiorr ltesiclenriul irour-ing {o rire Soutlr nnd io lbc Easr of rhc fuc!liry locarcd appr.oxinrarely i00 to 1ffiO lbct llt,- Lo-crrted adjqcerit to Divicle Crcck Roaci, ilp,the l.vesl siclc olrhe ccurrty roacl rhe hrds are large open fiqltis used foriivcstock graeilg (rzuuJring) zurd lar.nring rif lin,l dtrring th,l .urot'ing saisoll:r. c - --- r ln addition, the Applicant has represented the following. llill Barrett Colporation (BBC) is requesting a special usc pcrmit {SUP) for the GCIU Rodreick 218-31-691 SWD pad in Section 3l T6S-R91W of Garficld Ccunty, Colorado lhr use as a centralized walsr str>rage,4randling faciliry. Utilizatir:n of this faeilit-v witl allou'BBC to gather q'ater from nearbrv producing uells by trucking & pipr,lining inkr this centralizcd facility. Residual oil. approximatcly 0 to 1.59/o of the fluid strcam, will be removed tiom the water in a closed-tank gravity separatiory'skirn sl.stem at thi.s facility. J'he water will then tre piped out lo operations acro$s our field, andany exccss water iniected inlo the l(odreick 2lB S1VD rvell. We plan to recl'cle/reuse our existing produced vr'ater and complction water in thc {icld thcreby minimizing vr.asrcful disposal and or the need for taking additional &csh $'ater resoul'c€s from the Cokrrado River. Approximalcly 90% of the water coming inlo and out ol' this location for recycling and reuse will be transported by sxisting pipelines therelbrc reducing trucking in:pacts lcr this area by thowands ol'hours per month. An addirional pipeline is br"ing constructed to this facility to accornmodate future needs in uater tranryxrtation and BllC foresecs no additional disturbar:ce beyond this new lirre 10 the axe6. Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 3 'A-H"'-\rl ,*l-r\tr +* ffiffiu + Subject Site l$d Ea.* Eh**zo63 dE_! ;::t" @-ffi, t=r tuN Ere {aeMtud@ mBe k@ I* M(!* i.,::s tdrl@*Er -mElrc kw. i......:m€ @!tur'&k+ i=ss id,€drdkry l._:w fufrd]e,&ell4 Bill Barrett Corp. - GGU Rodreick 218 SWD Water Gathering Site 3,000 Feel N *=L"{ s750 1.500 Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 4 Aerial photo of the surrounding landscape for GGU Rodreick 21B SWD Water Gathering Site Above: Views of site on February 25,2OOB '.I ,o'.V" Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 5 !T t -n.i!tftt;t i#i $iffiili ! I I -!III a i!! il!! E lii 6r "bso6qnl,rL .tr,:3 Bf;,X *E 45FE .BXod -aIY, 6 U) \s {.) g<o -' .a;U!b&o !jg\a LE3E HX d=olE E.E,A;tv dgi f.lEtl\r \tr\i I 9.ail; rt.0 Ss HrtrJ*3 .sE g10g.$ 62ta s€ I{( ,lii T'I:IIi "rl i liri{-:i --",.o** E Perry Dan Rodreick (Bill Baruett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 6 Bill Banett Corp. - GGU Rodreick 218 SWD Water Gathering Site 5?0 Fet ,r+u S Associated Pipelines The Applicant has represented that "an additional pipeline is being constructed to this facility to accommodate future needs in water transportation and BBC foresees no additional disturbances beyond this new line to the area." Presumably the construction of this new line was in progress on February 25, 2008 during the Staff site visit to the property. Further, Staff assumes that the additional new line is outside of the Garfield County permitting requirements or authority for Pipelines. lf this pipeline is not outside the regulatory authority of Garfield County, Staff recommends that the Applicant make the appropriate application for this pipeline. 130 f60 Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 7 II. BACKGROUND Referral to Planning Commission This Application was brought to the BOCC on Jarnuary 14, 2OOA for referral to the Planning Commission. At this meeting, the BOCC voted 3-Cl not to refer this application to the Planning Commission. III. SITE DESCRIPTION The site where the water gathering facility is located is situated on a relatively flat area just south of the Town of Silt. The well pad is located on approxinrately 10 acres (as described in the lntegrated Vegetation and Noxious Weed Management Plan) operated by Bill Barrett Coroporation and owned by Perry Dan Rodreick. IV. ZONING & ADJACENT USES The subject property is zoned Agricultural/Residential/Rural Density (ARRD). The type of use requested falls under the definition of "Processing iand Material Handling of Natural Resources" which are contemplated as special uses in the ARRD zone district. As can be seen in the photos on page 4 as well as dermonstrated in the aerial photo of the area, the adjacent uses are primarily agricultural and ranching. There are single family residential uses with interspersed oil and gas development as well. Ther Applicant has represented that the nearest residence is over one (1) mile away while the COGCC Centralized E&P Waste Management Facili$ Permit indicates that housing is about 500 to 1000 I'eet to the south and east of the site. Without conducting a formal measurement, following a site visit it appears that the nearest housing is about 500 to 1000 feet away to the south. This home overlooks this facility from the top of a small hillto the south. To the north of the subject property, there is clear evidence of ranching and a barn for livestock. The surrounding oil and gas development includes nearby gas wells and pipelines. V. AUTHORITY & APPLICABILITY Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall be approved or denied by the Board of County C{ommissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. VI. REVIEW AGENCY AND OTHER COMMIENTS Comments have been received from the following agencies / community groups and are integrated throughout this memorandum as applicable. Town of Silt:1. 2. 3. 4. 5. o. Garfield Countv Road and Bridqe Departmerl: Garfield County Veqetation Manaqement: Burnino Mountain Fire Protection District: Garfield Countv Oil and Gas Auditor. Colorado Dept of Public Health and Env.: No Comments Received See Exhibit F See Exhibit G See Exhibit H No Comments Received No Comments Received Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 8 7. Resource Enqineerinq: 8. Colorado Division of Wildlife: See Exhibit I No Comments Received Vll. REVIEW GRITERIA FOR SPECIAL USE PERMITS (SEGTION 5:03) Pursuant to Section 5.03, as listed underthe Zone District Regulations, special uses shall conform to all requirements listed thereunder and elsewhere in the Zoning Resolution, as well as the following standards: 1. Utilities adequate to provide water and sanitation seruice based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Response The Applicant has represented the following: The sxisring GGIJ Rodreiek 218 SIYI} lNnter Gathering Site will be opernted an an unmfinn#d frcility. SiU Barrett Corporation (EBC) per$onnel will check the sitc on a daily hffiic and periodically throughout the day, The site will be equipped with fl portable rmtroorl for the c$nyetri*Ece 6f all employs working on EBCts sito. The porfahle restrsom wiII he mslntf,ind by the supplying contract+r to inrure $flfs and ranitary conditions, No additional wattr or sanit*tion $crvif,es witrl be required as per BBC at this site. As this is an unmanned facility and no employees will be working on the site full-time, it is Staffs opinion that no water or sanitation service is necessary for this facility. 2. Sfreet improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. Response The Applicant has provided a traffic impact report in the application generated by Kimley-Horne and Associates which states the following regarding traffic generation from the site: Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 9 ttoderickWshr Slte Yrblcles Trlps Dnily AM }*rrk$our II}[ PeakHrur Irr Out Tqt*tr In 0ut ?otsi 'X'ynicel Oprrathru 30 2 I 3 I 1 3 Aseess to itr Roderick \trdtff Gsrhtring Site i,r cr.rne*rly providad dmrg Divide kck Road {CR. 3 I I }. This nccess lo{atim i* i}hx&ttcd wr ihs silmhsd figure. Ttilt Bitl Bar*u Cmpmatia*r productic,n sm i* located along thc ecuth side of Airpmt Rod {CA. 346}, so$tt af the ?mn'n of Si& br*r*rorn &{arrm Cretk &aed (CR 315) and Bivi& Crc* Rmd (CA.3l1). It is anticipated that projcct unffic will be aocessing th*prrojeoteitetnand *o,m the Biil llarretCorpmationp,oductimrueavia Divide ftse,tBsfld(CR 3l U ffld Airpw.tBffid (CR346). Arymirnamly 20 pvcant of pmjact uaffic i* expcted to accoss Inftrstate 70 lry rmanr of ftie IlIErm Creek fu*d {C,ft, 3 15} intcrth*ngr and the $ilt f $treet ioHchmge. The Applicant has also made the following representation regarding traffic to and from this site: Accosa rroutcs to aud from the site will mainly contist of but is uot limited to Garfielil County Road 3ll {Divide Crcek Road}, and private lesse roads. Street improvements for accees roads arc sutlicient to handle current and future trnflic volumes, Private lcare road$ heve becn desigred and constructed to handle atl exisliug and future traffic volumes end lo*ds as u'ell BBC will cautinue to m*intain private lesse roads to insure proper and safe driving conditionr sud to maintrin current dust control mitigation techniquec. BBC will lnsure that all contractors and subcortractors are in compliance with all regulatory agencies govcrning traffic. The Garfield County Road and Bridge Department has reviewed this application and has the following comments (See Exhibit F): Garfield County Road & Bridge Depa:tment has no objections to this application with the following comments. The driveway access to the location will need to have a paved apron the width of the driveway access, 20-feet into the driveway and a minirnum of 4-inches in depth. The driveway access has been permitted ancl with the upgrade will meet our requirements. No industry truck traffic is allowed on the north end of Cr. 31 1 (Divide Creek Road) accessing from the Town of Silt. All truck traffrc to the facility will access using the prelerred haul routes. The preferred haul route is accessing via Cr. 315 (Marnm Creek) to Cr. 336 (Jenkins Cuttoff) to Cr. 331 (Dry Hollow Road) to Cr. 324 (Maxfreld Road) to Cr. 31 1. Preferred Haul Route maps are available from the Road and Bridge Department and on the County Web site. With the use of pipelines to Perry Dan Rodreick (Bill Barrett Corp"), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 10 transfer water to the facility and using less trucking it is a major benefit to the County road system, both for impacts to the roads and safety for all users ofthe affected roads. County Road 311 serves this facility. Following a sit,e visit on a fairly warm winter day, it is evident that the site can become very muddy. This mud and debris is then tracked on the County Road 311. As a result, Staff fully supports the improvements to the driveway as recommended by the Garfield County Road and Bridge Department. See photo below showing the current conditions of the driveway to the site. To this end, Staff recommends a condition of approval that the Applicant shall improve the access to the standards as requested by the Garfield County Road and Bridge Department in Exhibit F. ln addition, Staff supports a condition that all trucks accessing this site shall use the preferred haul route as outline in Exhibit F. 3. Design of the proposed use r.s 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 protec( esfablrched neighborhood character. Response The Applicant has made the following representation: The existiug GGU fi,adreick 2X.B cite ic locatcd on privnte property central to fhoir existiag operations fur developing and producing natural gas. Adjacent lend* and uses around the faeility consist of open renge land for pasturing livrstock as urell ns several wcll pnds *sed for the development of netural Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/r7/08 Page ll reslurce*. The exkting site will ald BBC in r*ducing trsffic yolumes in other &reas pf the county by maintaining truch traffic to local pads. The existing site is expected to have very little if any impacts or change to the established ne ighborhood cha raeteristics. View: Looking south from the Subject Site. View: Looking south at the Subject Site from the barn to the north of the Subject Site. The proposed use will have relatively limited impact to surrounding properties since it is situated in a remote location which is currently utilized for gas drilling and water storage operations. This well pad is visible but at a distance from the existing residences and other agricultural development. ln the end, however, the conversion of the existing facility from servicing one well to multiple wells will not present a change to the visual character of the neighborhood from what exists today. The tanks are visible from County Road 311; however, the tanks and other equipment are already painted in a fashion that lessons their visual impact. Given the height of the tanks, it is Staffs opinion that screening through the use of a fence will not help alleviate the visual impact of this site. Further, it is Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page l2 Staffs opinion that using these tanks may negate the need to build tanks elsewhere, including dispersing the tanks on other well pads. S ecti o n 5.03.07 | I n d u stri al O perati onsl Pursuant to Section 5.03.07 of the Zoning Resolution, a permitfor lndustrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation c,f its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through clepletion or pollution of surtace run-off, streamflow or ground water. Response The Applicant has represented the following: The existing site will stsre only wrter assodated with the completiou, produuioa, *nd development of SBCos natural gas operations. No fresh water will be siored at the slte. fhc prop,osed facitity has been designed as * no diseh*rge facility *nd to maintain tw'o (2) foot of freeboard rt all timcs, eliminatiug thc risk of discharge to surface wsten The pcnd k equipped with a liner to protect ground water. BBC has in place a slorrn nater manflgement pl*n to eliminate surfsce ruuoll from the silc and to divelt runoff from areas adjacent to the facility to be diverted aruund the facilitv. This Application has been reviewed by Michael Erion of Resource Engineering (See Exhibit l) who made the following comments. The facility will be surrounded by a 2 foot containment berm. The facility will collect, treat, store and distribute for reuse produced water from Barrett's operations in the area. Appropriate technrical measures to mitigate impacts are included in the submittal. The proposed use is to handle only already producecl waterfrom surrounding natural gas wells. No anticipated depletion or pollution of surface run-o:Ff, stream flow or groundwater is expected. However, as the water being used at this facility vyill contain hydrocarbons, a spill could have dangerous consequences. The Applicant has submitted a Spill Prevention Countermeasure and Control (SPCC) plan which appears to be adequate and has been reviewed by Michael Erion, PE (See Exhibit l). Staff recommends a condition of approval requiring that all construction and operation of the facility be in compliance with the most current SPCC plan. The Applicant has also provided a Storm Water Management Plan which appears to adequately address the drainage of the site. This plan has also been reviewed by Michael Erion, PE (See Exhibit l). Staff recommends a condition of approval be added to the Special Use Permit requiring Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page l3 that all construction and operation of the site be conducted in compliance with the submitted Storm Water Management Plan. (B) lmpacts on adjacent land from the generittion of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response The Applicant has made the following representations: The prrpossd f*cility is not expected to. generate nny porctivable lwels of yapCIn dust, $moke, roi$&, glare or vibrations tkat would impact adjtcent lands. As the Applicant is proposing to store the produced water within enclosed, steel tanks which will be predominantly transferred by pipeline staff does not foresee an issue associated with vapor emissions with exception to the vehicles accessing the site. As the site could become dry and dusty in the sumrner, Staff recommends a condition of approval requiring the Applicant to periodically treat the driveway with an approved dust suppression agent as needed to control fugitive dust. The Applicant has submitted a sound study within the application. The primary results of the study are as follows: -Ihe reoorded noiss Icvels recorded *t the site rvere primarily below the Colorado State Noise Statute of 55dBA, r+'ith a feiro instances o;[]evels showing to peek out above 60 to 65dBA far a short period. The noise levels recordetl during the test which was rau for tn'enty-ftrur (?4) hours demonstrates cornplianrx rvith the state statute. T'he graph in Table 2 shoraqs alr accumts read out of the sound levels taken at the site. The predominant impact from this development on adjacent neighbors is expected to be the continued visual impact of the tanks. The tanks are currently painted to blend with the environment which helps minimize visual impacts. No other visual or glare reducing mechanisms are proposed. Given the height of the tanks, it is Staffs opinion that screening through the use of a fence will not help alleviate the visual impact of this site. (C) lmpacts on wildlife and domestic aninrals through the creation of hazardous attractions, alteration of existing native vegeta*ion, blockade of migration routes, use patterns or other disruptions. Response Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page I4 Since the proposed water gathering site is to be located on disturbance to wildlife and vegetation is expected to be minimal. vegetation will be disturbed as a result of this facility. The Assessment and Management Report produced by WestWater The results of this wildlife impact report are summarized below: an existing well pad, additional It is anticipated that no additional application provides a Wildlife Engineering in November 2Q07. reiekWdl Pad Talle 2. Liet of Mitigatiou Measures fsr wildlifc at Rodreiclc Wcll site lltitisatins hfeasure Benefitins Wlldllfe Ssasonal scheduling (see'Iable I )biq came. rnieratorv birds Reduce vehicular speeds on acc.ess roads bic same Store food & earbase securelv. remove oflen blaclc bears Install wildlife-safe feahrres on project hazards as they are addod to the proiect migratory birds, game, and non-garne species Consultn'ith CDOW on nuisauce animals r&vens" kinsbirds, bats, others Implernent the Integrated Yegetation and I.,i oxious treed Manaeemefi t P lan i\,rNWMP u'ildlife (lbod and cover consideration) Staff recommends that a condition of approval be added to the Special Use Permit requiring adherence to the recommendations outlined with in the wildlife impact report. (D) Affirmatively show the impacts of truck and automobile traffic to and from sucfi uses and their impacfs {o areas in the County. Response The Applicant has provided a traffic impact report in the application generated by Kimley-Horne and Associates which states the following regarding traffic generation from the site: abtre l. Seasanal critical in the area of Rsd Concern T'ime Period Deer end EIk severe (critical) winter railge Decemberi-April30 Mieratory Birds prirn*ry nesting sea$on Ma.y 15 - July 3l Ideal construction periods May I - 15, Ausust I *November 30 Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 15 Bill fi.oderickWsterAfire.tt Sitt Trsffir Gereration Yrhlrlt* Trlp* Daily AM Peck$our PItf Ftsk H*ur In Out Tst*l ln 0rt ?utEl T'ypiml Oprretfung 30 7 I J I ?? Aseess to fle RodErick Tfeffi Cratfu*ing Site is cunently provi# almrg Diyidr GrrkRo (tR 3l n). This acce ss locatim is illurh*ted on fre attrchad fuure. Thc Bitl Berrttt Corpcratir:n pro&rctimr nlea is ltcated alo*g tht south aida of Aiq:crt Rod {CR 346}, surth af the Twvn of $ilt, betc,Etrr tslnrnrn Crtsh Rsnd (Cfi. 315) afld Sivi& Crrrk Roed (ffi.311). It is anticipated thaf poject fiaflic will be acc*sringttr*pqicateiteto and fum &e BiIl BaffettComarrti+r:p,roducbcnr*rca via Divide kr&,3ffid((R 3I l) Esd A.iryffi Rtrd (Cfr, 346). Asminamly?0pm**t of prruject u*ffie is exscctd to €ccesc Intsstate 70 by rrems of tfue lvlwm Crrek S.osd {CR 315} intcmhngr and the $ilt f Strest itrkchlng€. The Applicant has also made the following representation regarding tratfic to and from this site: Accesr routcs to aad from the site will mainly csnrist of but is uot limited to Gerfield County Ro*d 311 (Divide Creek Road), and private lease roads. Street improvements for accees roadr are sullllcient to handle current and futur* treflie volumes, Private leaso roads havo besn designed and constructed to handle all existing and future trallic volumes tnd loads as rrrcll. BBC will coutinue to maintain private lesss roads to insure proper and safe driving coxditioas *nd lo maintain current dust coutrol mitigati*n techniquec. BBC will insure that all contrnc-tors and subcontractoru are in compliance with all regulatory agencies governing traffic. The Garfield County Road and Bridge Department has reviewed this application and has the following comments (See Exhibit F): Garfield County Road & Bridge Department has no objections to this application with the following comments. The driveway access to the location will need to have a paved apron the width of the driveway access, 2}-feet into the driveway and a minimum of 4-inches in depth. The driveway access has been permitted and with the upgrade will meet our requirements. No industry truck traffic is allowed on the north end of Cr. 31 1 (Divide Creek Road) accessing from the Town of Silt. All truck taffrc to the facility will access using the preferred haul routes. The preferred haul route is accessing via Cr. 315 (Mamm Creek) to Cr.336 (Jenkins Cuttoff) to Cr. 331 (Dry Hollow Road) to Cr. 324 (Maxfield Road) to Cr. 31 1. Preferred Haul Route maps are available from the Road and Bridge Department and on the County Web site. With the use of pipelines to Perry Dan Rodreick (Bill Baruett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page l6 transfer water to the facility and using less trucking it is a major benefit to the County road system, both for impacts to the roads and safety for all users ofthe affected roads. County Road 311 serves this facility. Following a site visit on a fairly warm winter day, it is evident that the site can become very muddy. This mud and debris is then tracked on the County Road 31 1 . As a result, Staff fully supports the improvements to the driveway as recommended by the Garfield County Road and Bridge Department. See photo below showing the current conditions of the driveway to the site. To this end, Staff recommends a condition of approval that the Applicant shall improve the access to the standards as requested by the Garfield County Road and Bridge Department in Exhibit F. ln addition, Staff supports a condition that all trucks accessing this site shall use the preferred haul route as outline in Exhibit F. (E) Thatsufficientdistancessrraflseparatesuch usefrom abutting propertywhich might otherwise he damaged by operations of the proposed use(s/. Response As stated earlier, this is an existing facility which is to begin handling production water from nearby wells. As such, this facility is a current feature of the neighborhood. By approving this application, the BOCC could prevent the need for Bill Barrett to construct similar facilities on other individual well pads to serve only those wells. To this end, it is Staffs belief that although this is a current visual impact to the existing neighborhood, it is an impact which will occur at another location(s) even if this application is denied. Since the primary impact of this facility will be visual along with some traffic impacts, it is Staffs opinion that adequate distance does exist between the abutting property owners and this site. Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Woter Gathering Site BOCC - 3/17/08 Page 17 Currently, Staff understands that the nearest dwelling units are approximately 500 to 1000 feet away from this facility. Given the height of the tanks, it is Staffs opinion that screening through the use of a fence will not help alleviate the visual impact of this site. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Special Use 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 bythe County Commissioners before a permit for,conditional or special use will be issued,. Response Steve Anthony of Garfield County Vegetation Management has provided the following comments regarding revegetation and rehabilitation at this site. ln these comments (See Exhibit G), Steve Anthony made the following comments: Noxious Weeds A survey and weed management plan has been provided. A county listed noxious weed, whitetop (Cardaia draba) is not mentioned in the weed plan; however this species is prevalent on the Rodreick's property in the fields to the east of the project area. lt is likely that whitetop may be one of the initial invading species to this site post- disturbance. Any weed management contractor working on this project should be alerted to the threat of whitetop and be prepared to treat it early in the growing season should it become established on this site. Revegetation The revegetation plan and site reclamation plan are acceptable. Staff does request that the applicant make the seed tags available to Garfield County upon completion of the reseeding efforts. Staff recommends a revegetation security. The applicant needs to quantify the amount of surface disturbance for the area that will be reseeded. Once this information is provided an amount for the security will be established. Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Poge I8 This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds by may be deposited with the County Treasurer. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. lt is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. Staff recommends that the following condition of approval be added to the Special Use Permit to require that all seed tags available to the County upon completion of the reseeding efforts and in order to draw attention to Mr. Anthony's point regarding the County listed noxious weed, whitetop: The Applicant shall make the seed tags available to Garfield County upon completion of the reseeding efforts a survey and weed management plan has been provided. Further, a county listed noxious weed, whitetop (Cardaria draba) is not mentioned in the weed plan; however this species is prevalent on the Rodreick's property in the fields to the east of the project area. lt is likely that whitetop may be one of the initial invading species to this site post-disturbance. Any weed management contractor working on this project should be alerted to the threat of whitetop and be prepared to treat it early in the growing season should it become established on this site. (B) The County Commissioners may require security before a permit for special or conditional use rs rssue4 if required. The applicant shall furnish evidence of a bank commitment of credit, bond, ceftified 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; Response ln the past, the Board has required, as a condition of approval that "A sufficient monetary security, determined by the Board of County Commissioners, to ensure rehabilitation of the site once operation has ceased shall be provided by the Applicant." Steve Anthony of Garfield County Vegetation Management has provided the following comments regarding revegetation and rehabilitation at this site. ln these comments (See Exhibit G), Steve Anthony made the following comments: Noxious Weeds A survey and weed management plan has been provided. A county listed noxious weed, whitetop (Cardaria draba) is not mentioned in Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page l9 the weed plan; however this species is prevalent on the Rodreick's property in the fields to the east of the project area. lt is likely that whitetop may be one of the initial invading species to this site post- disturbance. Any weed management contractor working on this project should be alerted to the threat of whitetop and be prepared to treat it early in the growing season should it become established on this site. Revegetation The revegetation plan and site reclamation plan are acceptable. Staff does request that the applicant make the seed tags available to Garfield County upon completion of the reseeding efforts. Staff recommends a revegetation security. The applicant needs to quantify the amount of surface disturbance for the area that will be reseeded. Once this information is provided an amount for the security will be established. This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds by may be deposited with the County Treasurer. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management PIan. lt is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. Planning Staff agrees that the site needs to have a revegetation security. However the applicant has provided a copy of the revegetation bond for the site with the COGCC for $50,000. The BOCC has double bonded in the past; however it is Staffs opinion that the COGCC bond is adequate for the reclamation of the site. To this end, although Planning Staff feels that the bond for $50,000 with the COGCC is adequate, the Board may wish to consider some type of security intended to address proper reclamation, closure and abandonment of such facility. lf the BOCC wishes to require that the Applicant provide additional security for revegetation and rehabilitation, the Applicant will need to address the issues and concerns raised by the Garfleld County Vegetation Management Depaftment outlined in Exhibit G and above. Section 5.03.08 llndustrial Pertormance Standardsl Pursuant to section 5.03.08 of the Zoning Resolution, all lndustrial Operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 20 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 setforth in the Colorado Revised Sfafufes at the time any new application is made.(2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generafedrc not perceptible, without instruments, at any pointof any boundary line of the property on which the use is located.(3) Emrssions of smoke and padiculate matter: every use shall be operated so as fo comply with all Federal, Sfafe and County air quality laws, regulations and standards.(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 inbrtere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Ftaring ofgases, 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. (5) Sforage area, salvage yard, sanitary landfill and mineral waste drsposal areas: (A) Sforage of flammable or explosive sofi'ds orgases shall be in accordance with accepted standards and laws and shall comply with the national, sfafe and local fire codes and wrillen recommendations / commenb from the appropriate local protection district regarding compliance with the appropriate codes;(B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to he enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property;(C) No materials or wasfes shall be deposited upon a propefty in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces;(D) Storage of Heavy Equipmentwillonly be allowed subjectto (A) and (C) above and the following standards:1. The minimum lot sr2e rs five (5) acres and is not a platted subdivision.2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling.3. All equipment storage will he enclosed in an area with screening at /easf 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.4. Any repair and maintenance activity requiring fhe use of equipment that will generate noise, odors or glare beyond the propefiy boundaries will be conducted within a building or outdoors during the hours of I a.m. to 6 p.m., Mon.-Fri.5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 2I (E) Any storage area for uses nof associated with natural resources shall not exceed ten (10) acres in size.(F) Any lighting of storage area shall be pointed downward and inward to the propedy center and shaded to prevent direct reflection on adjacent propefty. (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 Protection Agency before operation of the facilities may begin. All percolation fesfs or ground water resource fesfs as may be required by local or Sfale Health Officers must be met before operation of the facilities may begin. Staff Response Should the Board approve the request for the water gathering site, Staff suggests the industrial performance standards be considered conditions of approval as they are specifically intended to ensure that any industrial use such as the proposed water gathering facility function in accordance with the proper best management practices and within the parameters of the State Statutes. Staff recommends that condition 5.D.3. in regards to screening be removed since there is not a practicable way to screen this use which will actually ease the visual impact of these units. Section 9.03.05lPeriodic Review of SUPI Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any pertormance requiremenfs associafed with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall estahlish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as (he County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a ceftain specified date. Such periodic review shall be limited fo fhose pefiormance requirements and conditions imposed atthetime of the original issuance of the Specral Use Permit. VIII. RECOMMENDED FINDINGS 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 4. Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 22 The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. IX. STAFF RECOMMENDATION Due to 1) the limited nature of potential impacts to surrounding properties, 2) the fact that the site itself will be situated on an existing well pad with an active gas operation, 3) and that the unmanned facility will not create any noise, vibration, dust or exhaust over and above the impacts of vehicles disposing of the produced water into the gathering tank and vehicles conducting maintenance on the site, Staff recommends the Board approve the request for a Special Use Permit for Processing and Material Handling of Natural Resources for a Water Gathering Site operated by Bill Barrett Corp. and on property owned by Perry Dan Rodreick with the following conditions: i. 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. The Applicant shall comply with all standards as set forth in 55.03.08 "lndustrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a. 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. b. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. c. 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. d. 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. e. 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. f. 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 Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Wster Gathering Site BOCC - 3/17/08 Page 2j district regarding compliance with the appropriate codes. 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. 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. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the lnternational Fire Code as the Code pertains to the operation of this facility. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. That all necessary building permits are obtained for the water gathering site. Deliveries and construction to the water storage facility shall only occur during daylight hours. The Applicant shall treat the gravel surfaces within the facility periodically as needed with an approved dust suppressant to control fugitive dust. All construction and operation of the site shall occur in accordance with the Storm Water Management Plan (SWMP) as submitted. AII construction and operation of the site shall occur in accordance with the most up-to-date Spill Prevention Control and Countermeasure plan for this site. 10. All construction and operation of the site shall occur in accordance with the Wildlife Assessment and Management Report created by WestWater Engineering and dated November 2007 for this site. g. h. j 5. 4. 5. 6. 7. 8. 9. Perry Dan Rodreick (Bill Barrett Corp.), Special Use Permit - Water Gathering Site BOCC - 3/17/08 Page 24 11. The Applicant shall obtain all necessary driveway permits from the Garfield County Road and Bridge Department. Specifically, the Applicant shall pave the driveway apron to a depth of 2O-feet into the site and to a minimum of 4-inches in depth. 12. All industry traffic shall follow designated preferred haul routes to and from this site as further outlined in Exhibit F. 13. The Applicant shall make the seed tags available to Garfield County upon completion of the reseeding efforts a survey and weed management plan has been provided. Further, a county listed noxious weed, whitetop (Cardaria draba) is not mentioned in the weed plan; however this species is prevalent on the Rodreick's property in the fields to the east of the project area. lt is likely that whitetop may be one of the initial invading species to this site post-disturbance. Any weed management contractor working on this project should be alerted to the threat of whitetop and be prepared to treat it early in the growing season should it become established on this site. X. RECOMMENDED MOTION "l move to approve a Special Use Permit for a Water Gathering Site operated by Bill Barrett Corp. and on property owned by Perry Dan Rodreick with the conditions provided by Staff." GART'IELD COUNTY Building & Planning Department Review Agency Form Name of application: Sent to: Date Sent: February 27,2008 Comments Due: February 27r2008 Bill Barrett Corporation Water Handling Facility ffiffi;*,r;;;;"* .",,** ;;;* *' il;; il;;;;;t* 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 Staffs contact: David Pesnichak 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-3 84-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this aoolication with the followins comments. The drivewa), access to the location will need to have a paved apron the width of the driveway access. 20-feet into the driveway and a minimum of 4-inches in depth. The driveway access has been permitted and with the upgrade will meet our requirements. No industry truck traffic is allowed on the north end of Cr. 311 (Divide Creek Road) accessing from the Town of Silt. All truck traffic to the facility will access using the Cr. 336 (Jenkins Cuttof0 to Cr. 331 (Dry Hollow Road) to Cr. 324 (Maxfield Road) to Cr. 31 1. Preferred Haul Route maps are available from the Road and Bridge Department and on the Countv Web site. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date February 27. 2008 EXHIBIT The With the use of pipelines to transfer water to the facility and using less trucking it is a- rrsers of the affected roads- Revised 3/30100 EXHIBIT !6.b! MEMORANDUM From: To: Re: David Pesnichak Steve Anthony BBC/Rodreick Water Gathering SUP Thanks for the opportunity to comment on this permit. My comments are as fqllows: Noxious Weeds A swvey and weed management plan has been provided. A county listed noxious weed, whitetop (Cardaria draba) is not mentioned in the weed plan; however this species is prevalent on the Rodreick's property in the fields to the east of the project area. It is likely that whitetop may be one of the initial invading species to this site post-disturbance. Any weed management contractor working on this project should be alerted to the threat ofwhitetop and be prepared to treat it early in the growing season should it become established on this site. Revegetation The revegetation plan and site reclamation plan are acceptable' Staff does request that the applicant make the seed tags available to Garfield County upon completion of the reseeding efforts. Staff recommends a revegetation security. The applicant needs to quantiff the amount of surface disturbance for the areathatwill be reseeded. Once this information is provided an amount for the security will be established. This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds by may be deposited with the County Treasurer. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. Page 1 of 1 T-xHtetrrIDavid Pesnichak From: chief 800 [burningmountainschief@msn'com] Sent: Wednesday, February 20,20A81 1:35 AM To: David Pesnichak Subject: Jackie's Porta Potties, GGU Rodreick 21B SWD Water David: I have reviewed the above mentioned proposals and have no comment at this time' Brit C. Mclin 212012008 WMWWW ffiffiffiffiffiffi WWWWW WffiMffiffi WWWWW ooFIESc3UFItrE ENGINEEFIING Mr. David Pesnichak Garfield County Building and Planning Dept 108 8th Street, Suite 201 Glenwood Springs CO 81601 ING EXHIBIT I>*8tt cI-- February 28,2OOB RE: Rodreick/Banett Corporation Centralized E & P Waste Management Facility (Water Gathering and Processing) Special Use Permit Review Dear David: At the request of Garfield County, Resource Engineering, lnc. (RESOURCE) has reviewed the Special Use Permit Application from Perry Dan Rodreick for a proposed Centralized E & P Waste Management Facility (water gathering and processing) located on County Road 311 approximately 5 miles southeast of the Town of Silt. The facility will be operated by Bill Barrett Corporation (Banett). The submittal included a three ring binder prepared by Wagon Wheel Consulting. SUMMARY The proposed Special Use Permit Application appears to meet the technical criteria for the Special Use requirements in Section 5.03, the specific requirements in Section 5.03.07, and the standards in Section 5.030.08 of the Garfield County Zoning Regulations. The requirements of each Section are more specifically discussed below. SPECIAL USE GENERAL REQUIREMENTS The general requirements for any Special Use include providing adequate water and wastewater service and adequate road improvements and/or access for the proposed use. The proposed Special Use does not require potable drinking water or wastewater services. Portable restrooms will be provided for employee convenience. The facility would be accessed from County Road 311 using an existing access road for Barrett's existing GGU Rodreick 218 site and from private lease roads. The application indicates that the characteristics of the traffic in the area will remain the same as cunent conditions. Transport of produced water from the various well pads and facility sites is required regardless of whether the subject facility is approved. Such trafflc will be periodic and is estimated at 30 vehicle trips per day in the traffic study. The facility will create the demand for operations and testing personnel traffic. Although no estimate is listed in the application, it can be conservatively estimated at 4 vehicle trips per day. Barrett has installed water pipelines to the site and proposes additional pipelines to eliminate the need for trucking from some of the areas within the Banett lease operations. GARCO Road and Bridge should be contacted regarding any specific issues related to county road impacts. INDUSTRIAL OPERATIONS REQUIREMENTS Section 5.03.07 of the County Zoning Regulations outlines additional specific criteria for industrial operations. These criteria require that the applicant prepare and submit an Consulting Engineens and HydnologisEs 9OS Colonado Avenue il Glenwood Spnings, CO A1 60l I \STO) 945-6777 A Fax l97O) 345-1137 Mr. David Pesnichak Page 2 February 28,2008 impact statement of the proposed use. The Applicant's impact statement affirmatively addresses the items outlined in Section 5.03.07. These issues include stormwater management, spill prevention control, water supply, dust, smoke, vapor, noise, glare, vibration, wildlife and traffic. Section 5.O3.OB of the County Zoning Regulations describes required industrial performance standards for the project. The application outlines compliance with these standards. ANALYSIS The proposed activity includes site grading, construction of two settling ponds, and a containment ditch. The storage ponds are existing structures at the site. The facility will be surrounded by a 2 foot containment berm. The facility will collect, treat, store and distribute for reuse produced water from Banett's operations in the area. Appropriate technical measures to mitigate impacts are included in the submittal. Please call if you have any questions or need additional information. Sincerely, INEERING, INC. MichaelJ. Water Resources Engineer MJE/mmm 885-54.0 KlClienbBS5 GARCO\54.0 RODREICK david pesnidrak ep waste rnanagemeflt 8B5.doc !:::itrESOUFICErrlttTTTITENGINEEFING INC