Loading...
HomeMy WebLinkAbout1.0 ApplicationPart I Project Description The Lake Fox Water Storage Facility will be used by EnCana Oil and Gas (USA), Inc. (EnCana) to store treated water from EnCana's Hunter Mesa Water Treatment Facility and fresh water from the Colorado River. The drilling, completion, and production operations of natural gas wells generate brackish water commonly referred to as produced water. A portion of the produced water from EnCana well sites in Garfield County is processed at the Hunter Mesa facility to provide a supply of treated water. This recycled water can then be used for continued well drilling and completion work, thereby reducing the demand on fresh water supplies. The Lake Fox Water Storage Facility will be used in conjunction with the treated water storage pond at the Hunter Mesa facility to store water to be used by EnCana in the Grass Mesa area south of Rifle, Colorado. The electronic water treatment system at the Hunter Mesa facility will lower the Total Dissolved Solids (TDS) of the produced water supply to well below 3,000 parts per million (ppm). A pipeline connecting Lake Fox to the Hunter Mesa facility will deliver this water. A plan view of the storage pond is shown in Part III of this document. An irrigation pump is planned to be installed at the facility and will be used to transfer water to or from water -hauling tank trucks at the facility. A natural gas powered engine will drive the pump. This engine will emit air pollutants, but these emissions will be relatively minimal due to the characteristics of natural gas combustion. An air emission permit will be obtained from the Colorado Department of Public Health and Environment Air Pollution Control Division for this engine and as such, the operation of the engine will comply with State and Federal regulations. A pump building is planned for the facility and will be designed to enclose the water pump and associated electrical controls. The pump building will protect the control systems from weather and corrosion as well as providing sound damping for the water pump. The expected footprint size of the building is 9.5 feet by 10 feet and the location is planned to be at the west end of the storage pond, in the facility access road area. The building is a static structure and integral part of the finished facility. As such, it will have the same general characteristics as other permanent structures at the site, in terms of use and hours of operation. The pump building itself will generate no noise or dust and will have minimal visual impact. An application for a building permit for the pump building is not required by the Garfield County Building and Planning Department as the building is exempt from permit requirements due to its size and use. Part II Impact Statement The location for the new facility was selected for a number of beneficial reasons. The proposed location is closer to Encana operations in the Grass Mesa area than the Hunter Mesa facility. This will shorten truck trips and lessen the need for truck travel to the Hunter Mesa facility. The storage facility does not differ significantly from the surrounding oil and gas exploration and production related land uses. The location is relatively remote. There is an existing residence approximately 1,000 -feet northeast of the site, with other area residences lying at least %2 -mile from the site. A water storage pond presents relatively benign effects in terms of noise, odor, dust, and visual impact and sufficient distance exists to provide protection to surrounding properties from the minimal impacts of this facility. The facility will be in continuous use and operation 24 -hours per day, year-round. However, the majority of activity at the facility will occur during normal business hours. At maximum usage, the facility is expected to require an average of approximately 10 water tanker truck trips per day into and out of the new facility. The majority of these trips will be on .xistin rivate roads that already service natural gas operations in the Grass Mesa area. Water trucks will operate primarily during daylight hours and will be traveling to and from well locations in the area. Heavy trucks already travel the roads in the Grass Mesa area, therefore the new facility is not expected to require specific improvements to the existing roads. The water pump at the facility is expected to emanate low-level noise and possibly minimal amounts of vibration. The planned pump building will aid in mitigating this noise and vibration. The sound level of noise emanating from the facility will not exceed the 75 decibel maximum set forth in Colorado Revised Statute 25-12-103. Given the remote location of the new facility, noise will not be a nuisance to area residents. The vibration, if any, should be localized to a small area immediately surrounding the pump. lf, in the unlikely event, nuisance noise, vibration, or odors are emanated by the facility, additional measures will be taken to control them. This facility is designed to protect groundwater and surface water resources. The storage pond is lined with an impermeable high-density polyethylene (HDPE) liner. There will be no use of either groundwater or natural surface water on the facility. The facility design will preclude any pollution to enter surface run-off. There will be no sewage or solid waste generated on the site. The storage pond is surrounded by a field fence (wood posts with wire mesh panels). The fencing includes steel gates for personnel access. The gates are typically closed at all times to prevent unauthorized access. Adjacent property characteristics and surrounding land uses are such that a visible barrier fence should not be necessary. Signage includes the company name and address as well as a 24-hour toll-free emergency phone number. The facility will occupy approximately 2 acres of a 40 -acre parcel, with the storage pond covering approximately 1.44 acres. According to wildlife distribution maps from the Colorado Department of Wildlife, the site is located on summer rangeland for mule deer and elk and is within migration corridors for these animals. This type of facility is by nature incompatible with continued wildlife access therefore wildlife will be excluded by wildlife -proof fencing. The limited size of the facility will not block wildlife migration routes. The water to be stored at the site is not expected to be an attraction or a threat to waterfowl, but a deterrence system will be installed if waterfowl usage does occur. All equipment will be painted in a beige color to match the surrounding terrain. Visual impact to the area will be negligible due to the minimal amount of surface equipment at the site. Electrical power will be installed at the facility to power the pumping equipment. No other public utilities will be needed at the facility. The expected life of the Lake Fox Water Storage Facility is 20 years. Reclamation of the facility is outlined in Part VII of this document. Standards in Section 5.03.07 for Industrial Operations Industrial Operations: 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: Section 5.03.08 Industrial Performance Standards 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 he 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. Cordilleran's response: The sole source of noise at the site will be a water pump housed within a building. The water pump is expected to produce low-level noise, but the building structure is anticipated to greatly reduce emanation of this noise. The sound level of noise emanating from the facility will comply with the maximum levels set forth in Colorado Revised Statute 25-12- 103. (2) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A97112) (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; (A97-112) Cordilleran's response: There is no planned storage of flammable or explosive solids or gases at the facility. In the event that storage of such materials is required in the future, the storage conditions shall comply with all local, state, and federal regulations. (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; (A97-112) Cordilleran's response: The site is surrounded by a field fence (wood posts with wire mesh panels). Adjacent property characteristics and surrounding land uses are such that a visible barrier fence should not be necessary, however may be added, dependant upon the discretion of the County Commissioners. (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; (A 97-112) (D) Storage of Heavy Equipment will only be a/lowed subject to (A) and (C) above and the following standards: (A97-112) 1. The minimum lot size is five (5) acres and is not a platted subdivision. Cordilleran's Response: No heavy equipment will be stored on site. 2. The equipment storage area is not placed any closer than 300 fb from any existing residential dwelling. Cordilleran's Response: No heavy equipment will be stored on site. 3. 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. Cordilleran's Response: No heavy equipment will be stored on site. 4. 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. Cordilleran's Response: No heavy equipment will be stored on site. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Cordilleran's Response: No heavy equipment will be stored on site. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. Cordilleran's Response: The facility will occupy approximately 2 acres of a 40 -acre parcel, with the storage pond covering approximately 1.44 acres. (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 . Cordilleran's Response: No permanent lighting is planned for the facility. If the use of lighting equipment becomes necessary for future operation of the facility, it will be installed so that it is pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. (3) 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. Cordilleran's Response: The facility is designed to protect groundwater and surface water resources. The storage pond is lined with an impermeable high-density polyethylene (HDPE) liner. There are no anticipated potential water pollution hazards associated with this facility. If potential hazards are discovered, safeguards designed to comply with the regulations of the Environmental Protection Agency will be installed. Part V Fire Control Measures General • All facility or operations personnel are instructed as to: Be aware of local area fire danger for each day Location of fire control equipment Proper operation of fire control equipment Emergency procedures and how to call for additional resources Welding & Hot Work Operations • A minimum of one person is dedicated to act as a fire watch during welding or hot work operations with a fire extinguisher at hand. • Welding shields are used during grinding operations to prevent sparks from leaving work areas and igniting vegetation. • Water trucks are used to wet down ground and nearby vegetation, as conditions dictate. • At the close of each day, personnel inspect the area of welding or hot work activities for any smoldering debris and any conditions conducive to fires. Communications • EnCana or Contractor vehicles are typically equipped with cellular communications on board. In the event of a fire • In the event of a fire, all personnel and appropriate equipment on site will be committed to fire containment and control. • The BLM and appropriate fire authorities will be notified immediately. • Direction of fire control efforts will be transferred to appropriate fire fighting agency personnel upon their arrival on site Part VII Landscaping and Reclamation Plans Landscaping Due to the remote location of this facility, landscaping efforts will be directed at erosion control as opposed to mitigation of visual impacts. Any area disturbed by construction or operation activities that is not otherwise covered by liner material or equipment will be resurfaced with sand and gravel and graded flat as necessary. Reclamation The expected life of the Lake Fox Water Storage Facility is 20 years. Reclamation will consist of the following: Removal of all surface equipment and liner material. Restoration and re -contouring of grade to approximate original conditions. Replacement of stockpiled topsoil. Compliance with all prevailing Colorado Oil and Gas Conservation Commission and Garfield County regulations governing final reclamation. /t em 311.441-y �r; 1J -v GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.945.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) A Street Address / General Location of Property: Grass Mesa area, south of Rifle, Colorado. Approximately 1'fx milc northwest of Garfield County Road 319 (West Mamm Creek Rd.) on Grass Mesa road. Legal Description: SE%, SW 'A, Section 9, Township 7 South, Range 93 West Garfield County, Colorado A Existing Use & Size of Property in acres: Rangeland, oil & gas exploration and production, 40 acres. > Description of Special Use Requested: Operation of water storage pond. The facility will store processed water from the Hunter Mesa Evaporation/Recycling Facility and water from the Colorado River to be used for natural gas well drilling and completion operations. Zone District: A4L(7-.6 (U rets.') 411„;j A Name of Property Owner (Applicant): EnCana Oil & Gas (USA) Inc. (Facility operator) • Address: 792 Buckhorn Drive A City: Rifle Telephone: 970-625-4209 State: Colorado Zip Code: 81650 FAX: 970-625-1645 > Name of Owner's Representative, if any (Attorney, Planner, etc): Dion Plsek, Cordilleran Compliance Services, Inc. > Address: 826 21Y2 Road A City: Grand Junction Telephone: 970-263-7800 State: Colorado Zip Code: 81505 FAX: 970-263-7456 STAFF USE ONLY A Doc. No.: Date Submitted: Planner: Hearing Date: TC Date: RECEIVED MAR 1 2004 Cis -,Kr COLA FY BUILDING & PLANNING CORDILLERAN May 12, 2004 Mr. Fred A. Jarman Senior Planner, AICP Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 826 21'/2 Road Grand !unction, CO 81505 T: 970.263.7800 F: 970.263.7456 RE: Special Use Permit Request for "Material Handling/Storage of Natural Resources" in the ARRD zone district (water storage pond). Response to letter dated April 9, 2004 for Lake Fox Water Storage Facility Dear Mr. Jarman: This letter and the enclosed information is provided to address the items identified in the letter dated April 9, 2004 from the Garfield County Building & Planning Department. Please find the enclosed information, including: A map indicating the Garfield County Assessor's information for the subject property and the surrounding properties. As requested, this map indicates the mineral rights owners for the subject property and landowners adjacent to the subject property. The subject property is outlined in red. A list of the property owners and their addresses adjacent to or within 200 feet of the Lake Fox Storage Facility site, A copy of the deed and legal description of the subject property. A copy of an acknowledgement letter from the property owner that Cordilleran Compliance Services, Inc. may act on their behalf with regard the special use permit process. A copy of the April 9, 2004 letter from the Garfield County Building & Planning Department. A response to the specific standards included in the April 9, 2004 letter from the Garfield County Building & Planning Department. RECEIVED MAY 1 4 2004 Cordilleran Compliance Services, inc. GARI-IELD COUNTY Grand Junction, CO • Denver, CO • Casper, WY • Laramie, WY • Lander, WY BUILDING PLANNING Environmental Consulting Engineers and Scientists Please do not hesitate to contact our Grand Junction office should you have any questions or comments. Sincerely, Cordillerart Compliance Services, Inc. Dion Plsek, P.E. Principal Engineer Attachments Cc: David Grisso, EnCana Oil & Gas (USA) Inc. file Cordilleran Compliance Services, Inc. Grand Junction, CO • Denver, CO • Casper, WY • Laramie, WY • Lander, WY Environmental Consulting Engineers and Scientists Assessor Information Map ►r•v-rrvrrvrr•-•'•-rw-•v-•-r•'•v-r•-•-v'ry ►• 4 • a • • • • ••• ►, ►, • •• • • • •• •• . .4 • • •• • •R •► ►, Bureau of Land Management P.Q. Box 1009 Glenwood Springs, CO 81602 WATER STORAGE FAC ILITY 4 4 ,, .4 4 4. • •4 4 MIN • 4 4 • 4 1 , • • 1 • 1 4. •• •, • • • • 4 ♦ , • •-404 • i 44 4 ♦ 44 •4 44 ♦4 - ♦4 •4 O 9 '-i 050 036 045 052 (043 • • • • • • Hubbel Cabin, LLC. 130 Lava Drive El Jebel, CO 81623 ••'• • • ••'Y•••••• '44'4'4'1•'WV"' •.4749.4; • 4 40, 1 .4 4 B.L. M EnCano Oil & Gas (USA) Inc. • 4 4 040 • • ►, a • • K 7J1 B.L.M. • • • • • • • • • • • •, 4 •4 Bounda.4•r :4 ♦� •r ..•..•.. 10 003 17 B.L.M. • • • 4. 4 • •4 • • • • • 4 • 4 064 Lot 69 @D Subject Property Minerol Rights Owner: EnCona Oil & Gas (USA) Inc. 16 • • • • • • •4 .4 4 4 4 4 4 • 4 4 • , • •: 4•-•44-40,4-•'rr4,r• r•' i oun. ary • •: 4 4 4 4 1 • 44 .4 .4 •4 4 • 4 15 James L. Rose P.Q. Box 432 Rifle, CO 81650 MAP SOURCE: GARFIELD COUNTY PARCEL MAP #2403 SITE LEGAL LOCATION: SE SW SECTION 9, TOWNSHIP 75, RANGE 93W FIGURE 3 PARCEL MAP ENCANA OIL & GAS (USA) INC LAKE FOX WATER STORAGE FACILITY GARFIELD COUNTY, COLORADO REVISION DATE: 01 14 04 REVISION NUMBER: 002 DRAWN BY: 1 KLK APPROVED BY: 1 OMP PROJECT EG04009 SCALE: NONE CORDILLERAN List of Adjoining Property Owners Part IV List of Adjoining Property Owners Bureau of Land Management P.Q. Box 1009 Glenwood Springs, CO 81602 Hubbell Cabin, LLC 130 Lava Drive El Jebel, CO 81623 James L. Rose P.O. Box 432 Rifle, CO 81650 Special Warranty Deed and Legal Description 1111111 11111 111111 11111 1113111 VIII 1111111 ll1lllll illi lilttli etir 870 601233 04/13/2002 11:41A B1345 P890 1 ALSDORF 1 of 3 R 15.00 D 8.70 GARFIELD COUNTY CO 0 0 SPECIAL WARRANTY DEED THIS USED, Made this 12th day of April ,2002 , between GAIL HUGHES of the said County of PITKIN and State of COLORADO BNCANA OIL & GAS (USA) INC. whose legal address is 950 17TH STREET, STE.2600 DENVER, CO 80202 of the said County of DENVER and Shale of COLORADO , grantor, and , grantee: 01E44 g.10 WITNESS, that the grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, soil, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, tying and being in the said County of GARFIELD and State of Colorado described as follows: TOWNSHIP? 7 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN SECTION 9: SE1/ASW1/9 ALSO KNOWN AS: LOT 61 GRASS MESA RANCH COUNTY OF GARFIELD STATE OP COLORADO as known by street and number as: TBD, RIFLE, CO 81650 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and apputtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee , his heirs and assigns forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, hie heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. The singular number shall include the plural, the plural and the singular, and the use of any gender shalt be applicable to all genders. IN WffNESS WHEREOF, the grantor has executed this deed on the date set forth above. `L ti lti f -cut/. HUGHES State of COLORADO ) as. County of PITKIN The foregping instrument was acknowledged before me this by GAIL HUGHES My cotntnlsslon expires lig p.--/-200;1_ Hie No. 00029672 Stewart Tide or Aspen, Inc. No. 16 SPECIAL WARRANTY DEED Ret. 9/97 g'eltanao', day of Witness my ban My Commission Erolfes 4212112005 official seal 1i Notary Public 34.16 — 1111111111111111111111111111116—j61111110111111 1 601253 04/15/2002 11:41A 61349 P891 M ALGDORF 2 of 3 R 15.00 D 8.70 GARFIELD COUNTY CO EXHIBIT 1 02000345 EXCEPTIONS File Numbers 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has act al knowledge and which were accepted by Buyer in accordance with paragraph 8b o contract Form No. CBS 1-9-99 ['Matters Not Shown by the Public Records]. 1 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 2002 and subsequent years not yet due and payable. 7. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds eome or all interest in oil, gas, other minerals or geothermal energy in the property; and such mineral estate may include the right to enter and use the property without the surface owner's permission. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in united States Patent recorded March 1, 1923 in Book 112 at Page 557 as Reception No. 81912. 10. Restrictive covenants, which do not contain a forfeiture or reverter clause, but omitting any covenant or restrictions, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said a) is exempt under Chapter 42, Section 3607 of the United States Code or b) relates to handicap but does not discriminate against handicapped persons as contained in instrument recorded dune 7, 1983 in Book 628 at Page 503 as Reception No. 342693 and Firat Amendment recorded December 2, 1994 in Book 924 at Page 292 as Reception No. 471633 and Amendment recorded September 1, 1995 in Book 951 at Page 883 as Reception No. 482601 and Amendment recorded November 7, 1995 in Book 958 at Page 68 as Reception 485187 and Amendment recorded February 261, 1996 in Book 968 at Page 182 as Reception No. 489419. 11. Reservation of all oil, gas and other mineral rights, as reserved by Grass Mesa Ranch in the Deed to Grass Mesa, Ltd., a Colorado corporation recorded August 30, 1983 in Book 634 at Page 348 as Reception No. 345189 and conveyed to Grass Mesa Ranch a/k/a Grass Mesa Ranch Joint Venture, a Colorado joint venture in deed recorded September 26, 1991 in Book 634 at Page 348 as Reception No. 345189, and any and all aasignments thereof, or interests therein. 12. Terms. agreements, provisions, conditions and obligations of Non-exclusive Road Easement recorded July 23, 1985 in Book 672 at Page 761 as Reception No. 363582 and Amendment recorded Octoberl10, 1985 in Book 677 at Page 56 as Reception No. 365674. 13. Terms, agreements, provisions, recorded September 10, 1986 in conditions and obligations of Grant of Easement Book 694 at Page 740 as Reception No. 374218. 14. Oil and Gas Lease between Grass Mesa Ranch, a Colorado joint venture and Snyder 011 Corporation recorded November 22, 1993 in Book 882 at Page 857 as Reception No. 435427 and any and all assignments thereof, or interests therein, or amendments thereto. .,�i 11 Stewart 'nde of Gknr,nod Springs, fne. Ex1,1b1L 1 -Deed Exeeptiow (Y'DEEDEXCEPT) Rev. 769 1111111111111111x' '111 IL. _ 1I 1111111 111 11111 1111 1111 601233 04/15/200c 11:416 B1345 P862 11 ALSDORF Exhibit 1 - Deed Exceptions continued 3 of 3 R 15.00 D B.70 GARFIELD COUNTY CO File ]Dumber: 02000345 15. Terms, agreements, provisions, conditions and obligations of Grass Mesa Homeowners Association Statement of Election recorded October 1, 1999 in Book 1153 at Page 264 as Reception No. 553046. 16. Terms. agreements, provisions, conditions and obligations of Map recorded February 17, 2000 in Book 1173 at Page 556 as Reception No. 559518. Agent Acknowledgement Letter April 27, 2004 EnCana Oil & Gas (USA), Inc. authorizes Cordilleran Compliance Services, Inc. to act as its agent with regard to completing the Special Use Permit process with the Garfield County Building and Planning Department for the Lake Fox Water Storage Facility in Garfield County, Colorado. Cordilleran Compliance Services, Inc. may act on behalf of EnCana Oil & Gas (USA), Inc. for the purposes of gathering and providing information, submitting relevant special use permit application forms and supporting documents, and contacting or meeting with Garfield County Building and Planning Department personnel. Signed, Title Date aloe-44Pon/ S0,06e/A/� ND,e-n/T Garfield County Building & Planning Department Letter April 9, 2004 Dion Plsek Cordilleran Compliance Services, Inc. 826 21 '/z Road Grand Junction, CO 81505 .,,4,41114k Garfield County Nor BUILDING & PLANNING DEPARTMENT RE: Special Use Permit request for "Material Handling /Storage of Natural Resources" in the ARRD zone district (water storage pond) Dear Mr. Plsek, Thank you for the application you submitted to this office for the Special Use Permit (SUP) request. I am writing this letter to inform you that the Garfield County Building and Planning Department needs additional information in order to process your SUP application. Your timeliness in providing this information will expedite our ability to place your application on the public hearing agenda. Please provide information that more specifically addresses each of the following items. 1. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 2. Submit a copy of the deed and legal description of the subject property. 3. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 4. Because the use you propose is considered as "Processing and Material Handling of Natural Resources", you are required to provide a response to each of the specific standards included below: Standards in Section 5.03.07 for Industrial Operations Industrial Operations: 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: 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 Section 5.03.08 Industrial Performance Standards 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. (2) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A97-112) (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; (A97-112) (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; (A97-112) (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; (A97-112) (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97-112) 1. The minimum lot size is 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 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. 4. 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. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not 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 property center and shaded to prevent direct reflection on adjacent property 2 (3) 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. Do not hesitate to contact this office in the event you have any questions. Very truly yours, //' Fred A. Jarman, AI , Senior Planner 970.945.8212 3 Specific Standards Response Statement I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed V use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. '' 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. X 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to 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; 9. Depending on the type of Special Use Permit requested, you may need to respond to 4 additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility Zine/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield- county.com/building and planning/index.htm, or information can be obtained from this office /10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. /11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of c. mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of applicant/owner ' Last Revised: 11/07/2002 SPECIAL USE PERMIT APPLICATION SUPPLEMENTAL MATERIALS EnCana Oil & Gas (USA) Inc. Lake Fox Water Storage Facility Contents Part I Project Description Part II Impact Statement Part III Facility Maps & Diagrams - Surface Topography Map - Site Layout Map (Wasatch Surveying As -Constructed Map) - Area Parcel Map Part IV List of Adjoining Property Owners Part V Fire Control Measures Part VI Soil Features Part VII Landscaping and Reclamation Plans Part III Facility Maps & Diagrams MAP SOURCE: 7.5 MINUTE U.S.G.S. TOPOGRAPHIC MAP (NORTH MAMM PEAK QUADRANGLE) SITE LEGAL LOCATION: SE SW SECTION 9, TOWNSHIP 7 SOUTH, RANGE 93 WEST FIGURE 1 TOPOGRAPHIC LOCATION MAP ENCANA OIL & GAS (USA) INC. LAKE FOX WATER STORAGE FACILITY GARFIELD COUNTY, COLORADO REVISION DATE: REVISION NUI.IBER: DRAWN BY: APPROVED BY: 2/17/04 002 OUP DNP PROJECT # EG04009 SCALE: 1:24,000 CO RDI LLERAN CERTIFICATE OF SURVEYOR Q'AMY MYMA , w L TED TAGGART. COLORADO PROFESSIONAL LAND SURVEYOR NO. 37075, HEREBY CERTIFY THAT TRIS IMP WAS LNDE FROM NOTES TAKEN DIIRNO AN ACTUAL SURVEY MADE BY ME ON OCTOBER R T003 AND THAT IT ACCURATELY REPRESENTS LOCATION AND TOPOGRAPHY OF THE ENCANA WATER STORAGE FACAHY PROPOSED GRASS MESA IRRIGATION PUMP LCW PC:NT ON ORfC1NAL CROUNO Et EVA TION 7289.5' +ry� n - .� J y /- �_ - ! J� �`� ..--- e - \ `, __ i i °- - �. tel! - �- - c - ' % __ _ - _ / iF _� y _ _ _ -730©- - - _ _ J/ �1 i I �/' - _ - _73ao- - `� ` / 1 //'.�y' __ `f 1 I _ _ ` I1 1/ / / 1 % / F ~ ~ TOP OF FILL ELEV. 7302.0" - 1 I I 1 SPILLWAY - -~ ti / + 1 i /a-� _ I I EL.7298.0: \\ '1 ij! III —-y /�-f�_ 1--__-___ ==� _ - = ___- \�I11 11 �/ y - _ __ - -- 1 \I1/IL-1 / 1 11111 - / WATER STORAGE - i 1 1 X 1, 1✓ \ 1 I L- 1 / I1 11 1 1 I I ki Il i t - / BOTTOM L V. 7286.0 /�1� I: 1 � 1 l` ! / i 1;1 4===-4--7�9_----------- _---Y1 f�1I i ! r' f� 11 1/ – –- – _ --_ -�fJl 1 I /,1^D'� !t/ / f 1 r e -7290-- 11 !3Ip� '`i/�_ -_-tiy - �3 ✓/ r OB114YY0 SI CCRNCR SfCPON 9, T75, 109311 10UNU 1947 BRASS CAP 114`x` ,� -may DRAINAGE (TYPICAL) ENCANA w (SHEET 1 of t REFERENCE DRAWINGS DAZE WASATCH SURVEYING AS -CONSTRUCTED MAP 0/03 REVISION REVISION DESCRIPTION DATE 000 INITIAL DRAWING 3/4/04 LEGEND FIGURE 2 SITE LAYOUT MAP ENCANA OIL & GAS (USA) INC. LAKE FOX WATER STORAGE FACILITY GARFIELD COUNTY, COLORADO 000010N RATE_ REVISION NUMBER, DRAWN BY: 3/4/04 000 DMP APPROVED BY, OMP PROJECT / EG04009 SCALE: AS NOTED CORDILLERAN ELEV. 7624 •••••4♦s��Ai�frf�i♦•♦•41,•_•_x•_• ►• i • • • r• i• �• • • • ►• 1• i • • • ► •• • • • L•••'VfY♦f"A'fA'f'ff°iV'f'•iV'f'fV7Y'ff'f'•-f'f'`♦ If F• t• 4 i • i • • • •► • 1• 7 • • 1 •R • • 14 i10. • ,• 4 ••• ►• 1• F• 1 • • 1 • ► i • 14 4 4 •4 • 9 • • • • • 4 4 • • • 4 • 4 i, F •• • i • • • • Bureau of Land Manogement P,O. Box 1009 Glenwood Springs, CO 81602 • 04 •4 4 4 4 •i •4 4 •�4 4 4 R • • • • • • • • • A •4 4• 44 i 4 4 4 4 i 0 4 i ti :41 •4 esr .4 WATER STORAGE FAC VLITY 050 Hubbel Cabin, LLC. 130 Lava Drive El Jebel, CO 81623 ss V'f'•'#4rgre #TOfig•=•"474'1 4 • •4 a 44 • 4 a 4 • • • • •4 MAP SOURCE: GARFIELD COUNTY PARCEL MAP #2403 SITE LEGAL LOCATION: SE SW SECTION 9, TOWNSHIP 7S. RANGE 93W • • • • • • • • •• C6 4� Lot 69 H M W 4 4 4 • •4 4 ,f • • •1 i► • • 4 4 4 • • • • • •► • • • • :oun• EnCana Oil & Gos (USA) inc. • • • • • •4 • •• •• 4•#jf 16 i oun • 4 4 1 4 f4 4 4 • 4 ♦4 10 15 4 4• 4 James L, Rose P.O. Box 432 Rifle, CO 81650 FIGURE 3 PARCEL MAP ENCANA OIL & GAS (USA) INC LAKE FOX WATER STORAGE FACILITY GARFIELD COUNTY, COLORADO REVISION DATE: DI/ 4/04 REVISION NUMBER: 002 DRAWN BY: K APPROVED BY: DMP PROJECT # EG04009 SCALE: NONE C0RDI LLERAN Part IV List of Adjoining Property Owners Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602 Hubbell Cabin, LLC 130 Lava Drive El Jebel, CO 81623 James L. Rose P.O. Box 432 Rifle, CO 81650 Part VI Soil Features The United States Department of Agriculture Soil Conservation Service Soil Survey of Rifle Area, Colorado provides the following information about the soils and environment in the area ofthe facility: 45-Morval-Tridell complex, 6 to 25 percent slopes. These moderately sloping to hilly soils are on alluvial fans and sides of mesas. Elevation ranges from 6,500 to 8,000 feet. The soils formed in reworked alluvium derived from basalt and sandstone. The average annual precipitation is about 15 inches, the average annual air temperature is about 44 degrees F, and the average frost -free period is about 100 days. The Morval soil makes up about 55 percent of the unit, and the Tridell soil makes up about 30 percent. The Morval soil is on the less sloping parts of the landscape, and the Tridell soil is on the sides of mesas. The Morval soil is deep and well drained. Typically, the surface layer is brown loam about 5 inches thick. The upper part of the subsoil is brown and light brown clay loam and stony clay loam about 12 inches thick, and the lower part is light brown stony clay loam about 10 inches thick. The substratum is pink stony loam. Permeability of the Morval soil is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Surface runoff is medium, and the erosion hazard is moderate. The Tridell soil is deep and well drained. Typically, the surface layer is brown stony loam 10 inches thick. The upper part of the underlying material is brown very stony loam 11 inches thick, and the lower part is pinkish white very stony loam to a depth of 60 inches. Permeability of the Tridell soil is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is medium, and the erosion hazard is moderate. Included with these soils in mapping are small areas of Villa Grove and Zoltay soils on the steeper parts of the landscape. These areas make up about 15 percent of the map unit. These soils are used mainly for grazing. The native vegetation on the Morval soil is mainly needleandthread, wheatgrass, and sagebrush. The native vegetation on the Tridell soil is mainly pinyon, Utah juniper, and some Rocky Mountain juniper and an understory mostly of wheatgrass, Indian ricegrass, needleandthread, junegrass, serviceberry, bitterbrush, mountainmahogany, and big sagebrush. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and improves range condition. Seeding improves range in poor condition on gently sloping Morval soils. Bluebunch wheatgrass, western wheatgrass, and needleandthread are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Reducing brush improves range that is producing more shrubs than are normally found in the potential plant community. Properly managing the vegetation on the Tridell soil maintains wood production and grazing. Selectively thinning pinyon and juniper improves grazing and provides firewood, posts, and Christmas trees. The Tridell soil is suited to production of pinyon and Utah juniper. It can produce 8 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. Special care is needed to prevent erosion during harvest. The low avail- able water capacity affects survival of seedlings. Mule deer, wild turkey, and squirrel find habitat on these soils. Community development is limited by large stones. Cut slopes are difficult to revegetate because of the stones and because of the shrink -swell potential and frost action of the Morval soil. This complex is in capability subclass Vie, nonirrigated.