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HomeMy WebLinkAbout4.0 BOCC Staff Report 04.13.2009BOCC Exhibits (4/13/2009) (Special Use Permit- Chevron USA Temporary Produced Water Treatment Plant) Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Application E Staff Report F Staff Powerpoint G Email, GarCo Planning Department Project Engineer, John Niewoehner, PE, dated 4.1.09 H Letter, GarCo Road & Bridge Dept, Jake Mall, Administrative Foreman, dated 3.9.09 I Letter, GarCo Vegetation Management Dept., Steve Anthony, Director, dated 3.20.09 J Email, GarCo Environmental Health Manager, Jim Rada, dated 3.20.09 K Letter, Colorado Division of Wildlife, Area Wildlife Manager, J.T. Romatzke, dated 3.19.09 L M PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT / PROPERTY OWNER: LOCATION / ACCESS: SITE INFORMATION: 8OCC - 2/9/09 DD Referral of Special Use Permit ("SUP") The Applicant requests a SUP for the installation of a temporary produced water management system (TPWMS) that will be used to transfer produced water into COGCC-approved disposal well SKR 598-8-1 Chevron USA Inc. SE 1/4 SW 1/4 Section 35, T5S, R98 West of the 6(h PM. (Parcel # 2139-163-00-014 and 2137-321-00-008) .86 acres of a 54,000 -acre parcel (Chevron USA Inc) EXISTING & ADJACENT ZONING: Resource Lands (RL) Zone District I. REQUEST The Applicant proposes to install a temporary produced water management system (TPWMS) to transfer produced water into a COGCC-approved disposal well for approximately 12 months, after which time a permanent management facility is anticipated to be constructed. The source of the produced water is from tanker trucks and from the Central Production Facility (CPF) separation equipment. r4iL _it J,,11 511144ii .112 imarfilid40_,i4,041 reampf The TPWMS would include the following related equipment: • (10) 500 bbl (21,000 gal) frac tanks • (2) duplex -type 10 micron filters • (2) 5000 gallon diesel tanks • (2) 10- HP filter/charge pumps • (2) 250 HP water transfer pumps • (1) 20 HP instrument air compressor (required after the recently permitted Central Production Facility (CPF) becomes operational) • (1) 10 bbl buried sump -tank • (1) diesel generator (<1200 HP) for temporary use prior to the commissioning of the CPF gas - turbine T.M) VIA SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE 12 (Central Production Facility) permitted II. BACKGROUND Referral to Planning Commission Staff brought the project application to the BOCC to determine if a referral to Planning Commission (PC) was necessary; the BOCC did not refer the application to the PC. Because this application was deemed 'techically complete' prior to January 1, 2009, it is being considered under the 'old code' - that being the Zoning Resolution of 1978, as amended. III. ZONING & ADJACENT USES The subject property is zoned Resource Lands CL EAR CREEK ROAD (EXISTING RANCH ROAD} Injection ;11 II � 7' } SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE 13 (RL). The type of use requested falls under the definition of "Site for extraction, processing, storage of material handling of natural resources" contemplated as special use in the zone district. The adjacent parcels are Federally -owned (BLM) and zoned 'Open Space.' IV. SITE DESCRIPTION The project is situated in a steep -walled canyon north of Debeque beyond the end of CR 211. The nearest residence is a company- owned structure that houses employees of the cattle lease holder operation, located over three (3) miles away. The project site is a COGCC- approved well pad site 598- 35 -BV, located across Clear Creek and the Clear Creek Road from the CPF (previously permitted). The site is now accessed by a pipeline (referenced in the application as 'pending' but now permitted and underway, and depicted with a route map on the previous page.) The pipeline is anticipated to be constructed by July 2009, and the temporary produced water treatment system by August 2009. LEGAL LOCATION: TRACTS 103 & 111 (SE 1/4 NE 1/4) SECTION 35, T5S, R98W, 6TH PM GARFIELD COUNTY. COLORADO LEGAL OESCR:pTION: THAT PCRITCH OF TRACTS 103 & 111 SITUATE IN THE IN THE SE I/4 NE 7/4 OF SECTION 35, TOY&SHIP 5 SOUTH, RANGE 98 WEST OF 177E 6TH PRINCIPAL MERIDIAN, COUNTY OF OANFIELD. STATE OF COLORADO, OE1NG MORE PARTICULARLY DESCR:S:D FOR AREA A5 roaows: The pipeline will transport produced water from the well pad site 35 -BV to disposal well 598- 08-1. The pipeline permit referenced carrying liquids from 10 frac tanks of 21,000 gallons each from this project site, which is requested in this application (diagram at right.) The tank battery will be located on the southern end of well pad site 598 -35 -BV. The temporary produced water treatment system is proposed to be used for 12 months, at which time it is anticipated that a permanent produced water treatment system will have been installed, after securing the proper additional permit from Garfield County. The temporary system will gather produced water from two sources: separation activities on the CPF across the road, and from tankers that will gather produced water from adjacent well pads. SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE 14 The construction phase will have short term impacts different from those of operation. Because the pad site exists, grading activities with heavy equipment will be related to the installation of a containment berm on the south end of the site. V. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed in the Zoning Resolution, as well as the following standards: 1. Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Response The temporary produced water treatment system operates 365 days a year, 24 hours each day as a facility generally monitored remotely from the CPF, with an occasional visit onto the site to perform maintenance. The facility is monitored 24 hours a day by personnel, but there are no living quarters on the site. No permanent sanitary facilities are proposed for the site, as TPWMS or permanent produced water management system is not staffed. Portable toilets on the site meet the sanitation demands for the personnel operating the site during the construction phase, but will not be necessary after that. Sanitary facilities will be available at the CPF. A service contract for maintenance of the sanitary facilities with Down Valley Septic is noted. There is no demand for potable water; potable water for employee use will be provided by employees or at the CPF. During the `construction phase', 20 people are anticipated to be on site. (The work schedule is estimate to run from 6:30 a.m. to 6:30 pm, including supervisory time, Monday through Friday.) The sanitary facilities may need to be serviced more often during the 'construction phase'. The construction phase for the temporary produced water treatment system is anticipated to be about 50 days. 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. Response The `construction phase' is estimated to last 50 days. During construction, the site is expected to generate more trips, including delivery of heavier equipment and trailers. The route used for the pipeline is CR 204 and CR 211. Workforce carpooling is being proposed. All of the truck travel will be traveling on County roads. After construction there will be minimal traffic generated by the operation, with the exception of tankers moving produced SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE 15 water. Total trip generation is represented as being lower than the trip generation during drilling operations on three (3) active wells. No improvements to Garfield County roads were requested in response to this installation. A valid utility permit is required and has been secured from CDOT. All vehicles involved in this installation shall meet the requirements set forth by Garfield County Road & Bridge. 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. Response The property is located in an area that has almost no human occupation (Chevron -owned house that provided housing to cattle lease operator on Chevron lands), and the site is bounded by steep canyon walls. The `neighborhood character' includes a number of previously permitted industrial facilities, including well pad sites, communication towers and the CPF across the drainage. There are no fences proposed for the facility, which allows wildlife to travel through the site. (There are no ponds in which to become entrapped.) As a condition of approval, the equipment and fencing on the site is painted with non -reflective paint in a neutral shade of desert tan (or 'beetle green' as recommended on forested BLM sites) to minimize glare and be more visually inconspicuous. There is no fulltime lighting proposed for the site, only emergency lighting and that to accommodate night maintenance, provided by a generator. It shall be directed downward and inward as a condition of approval. The closest property boundary is on the west with the Colorado Nature Ranch, approximately 3000 feet from the 598 -35 -BV site. No human occupation is near this property boundary, and there are no public noise receptors for several miles. Section 5.03.07 flndustria! Operations) Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design, and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution of surface run- off, stream flow or ground water. SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE f 6 Response The facility site has been designed to insure protection of ground water and nearby streams through the development and implementation of a Storm Water Management Plan for the area. Staff notes that a site-specific plan for the 598-35-BVsite and pipeline location has been added to the general plan. Improvements to the surface of the roadways in the CPF area would reduce on-going need to treat the fugitive dust of roadways, and is recommended by Staff. Dust mitigation measures should be ones that do not have an adverse impact on the streams in the area. This limited water resource is important to wildlife in the area, namely mule deer, elk, black bear, wild turkey and bird life. (8) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response Vapor, smoke and vibration related to construction are transient effects that will end with the construction phase, and not continue into the operational phase. Dust, particularly in the construction of the pipeline shall be mitigated as a condition of approval. As a condition of approval, glare from the site will be mitigated with the requirement of non -reflective paint in a neutral color. The temporary generator that provides power to the operation produces volumes of noise and vibration, and their noise levels are regulated by the COGCC Series 800 regulations of the Colorado Revised Statutes. The temporary generator noise levels are lower than that of the CPF generator, and both are within the 'light industrial standards' for dBI readings. A modeled acoustic analysis was performed by Cordilleran/.Olsson Associates. The sound analysis for the site indicated that the operations without noise attenuation measures will not perform within required nighttime dBI levels for light industrial standards at the nearest property boundary. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existingnative vegetation, blockade of migration routes, use patterns or other disruptions. Response The site is located within overall range land for mule deer, elk, mountain lion, black bear, wild turkey and numerous bird species as identified on the Division of Wildlife's wildlife distribution maps. The wildlife assessment was performed in March of 2007, with a raptor component in 2006 . Since that time, considerable development and use change has occurred in the area. As a SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE 17 condition of approval Staff recommends that written confirmation by a certified wildlife biologist to ensure that no active nest sites are within a distance considered by the Colorado Division of Wildlife (chart, page 19 of the Biologic Survey section) to be adversely affected by human activity. This study shall be updated prior to submittal with any future applications, as the data may be quite different with field verification, and maps need to be updated with present industrial facilities depicted. While there are areas on the parcel (away from the 598 -35 -BV site and pipeline route) that are suitable for plant species of concern, there were none found growing in project construction area, nor were there any species federally listed as `threatened' or 'endangered'. There were no Federally -listed animal species identified in the project area. The rocky outcrops and forest cover also provides desirable habitat for raptors and other birds, as well a preferred hunting area for mountain lions. This hunting activity is related to value of the habitat and the concentration of mule deer, an important prey species. Bear -proof dumpsters are recommended for use on the site, and shall be required as a condition of approval. The site has been previously disturbed. The site's limited fencing will not present a hazard to wildlife. There is no human habitation onsite and the limited foodstuffs and refuse accumulated is emptied often enough to prevent the attraction and habituation of black bears and coyotes. The limited human presence and a facility. mitigated for noise disturbance would reduce the adverse effects on elk and deer populations. Restricting vehicle speeds would be a benefit to the safety of wildlife and humans alike. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response As noted earlier, the temporary produced water treatment system, once fully operational, is expected to generate limited vehicle trips per day into and out of the facility. Most of this travel will be traveling Garfield County roads that are equipped to handle the additional trips. There is no proposed increase of occupancy of the site. This existing road meets the County's standards. The initial traffic is related to construction, with delivery of equipment and related materials. Vehicles range from pickup trucks to semi - trucks with trailers to transport heavy loads, such as frac tanks and parts. Measures to treat fugitive dust during construction and operation shall be a condition of approval, as will the requirements set forth by Garfield County Road & Bridge Department. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE 18 (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Response The operations at the facility will not involve any abutting property, provided the facility operates within its proposed levels. The proposed facility will not encroach upon existing setbacks or reduce current separation distances to abutting properties. Staff agrees that the existing facility is located well within required setbacks and is sufficiently separated from adjacent properties in all directions. (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 by the County Commissioners before a permit for conditional or special use will be issued; Response A plan for site rehabilitation has been submitted and shall be implemented for on-going weed abatement and reclamation, should the site be abandoned. It is stated that the site would be reclaimed should the site use end. Reclamation securities are mentioned in the referral comments by Garfield County Vegetation Management and shall be conditions of approval. (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence ofa bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; Response In 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." Short-term securities are mentioned in the referral comments by Garfield County Vegetation Management and shall be conditions of approval. Section 5.03.08 !Industrial Performance Standards) SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE 9 Pursuant to section 5.03.08 of the Zoning Resolution, 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) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations / comments from the appropriate local protection district regarding compliance with the appropriate codes; (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; (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; (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE 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. (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 tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Staff Response Should the Board approve the request for the temporary produced water treatment system, 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 treatment system function in accordance with the proper best management practices and within the parameters of the State statutes. There is no proposed storage for heavy equipment on the site after the construction period, and no proposed full time lighting. The requirement for screening should not be required as the site is remote, bounded on three sides by steep canyon -walls, far from human occupation. The boundary of the nearest potentially affected parcel is more than 3000 feet away, and the residence itself is more than three (3) miles distant. The site is not situated so as to allow vibration to emanate beyond the boundaries, nor have fumes or other emanations off-site. The site is not proposed to be used for storage, aside from limited produced water, which shall, as a condition of approval, be properly stored in approved containers inside an adequately sized spill containment basin. 10 SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE Section 9.03.05 'Periodic Review of SUP] 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 performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish 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 the 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 certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Staff does not recommend periodic review of the site as the conditions will serve as a mechanism for operating within the necessary standards of the permit. VI. REFERRAL AGENCY COMMENTS Staff referred this to a number of referral agencies for comment: G. Garfield County Planning Department Project Engineer, John Niewoehner PE: Email, 4.1.099 1 have no comments regarding the Chevron water management system application except that it was well written. 1 note that no new ground will be disturbed by the proposed facility and the facility will probably be abandoned within one year. - - John Niewoehner, PE H. Garfield County Road & Bridge Department., Jake Mall, Administrative Foreman: Letter, 3.5.09 Garfield County Road & Bridge Department has no objection to this application with the following comments. This project is beyond the end of Cr. 211 and is exemptfrom the driveway access permit. Any other permit/s that may be needed will be issued ifapplied foraf er approval of the temporary produced water management system. As Cr. 204 is being upgraded and Cr. 211 has been improved and the reduction of vehicles from the industry slow down the traffic load will not be an issue. 11 SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE All vehicles hauling equipment and materials for this project shall abide by Garfield County's oversize/overweight system. All vehicles requiring oversize/overweight permits shall have on file with Garfield County Road & Bridge Department a letter from Chevron USA stating such vehicles can obtain oversize/overweight permits under Chevron's road bond on file with Garfield County. All vehicles requiring oversize/overweight permits shall apply for them at Garfield County Road & Bridge Department. All vehicles shall abide by all construction signs and posted speed limits on Cr. 204, This could include reduced speed limits, bypasses and traffic stops. This construction could continue for up to one year. I. Garfield County Vegetation Management Department, Steve Anthony, Director: Letter 3.20.09 Integrated Vegetation and Weed Management • The submitted vegetation and weed management plan are acceptable. • Before leaving the site, all off road major construction equipment (graders, dozers, etc) working in areas of mapped noxious weeds should be power washed to remove seeds, soil, and vegetative matter. Reclamation • The applicant has quantified the surface area to be disturbed as .86 acres The recommended security for the PWMS site is $2150. (86 acre x $2500). • 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 security release consideration. Erosion control • Any straw or hay bales used in erosion control shall be certified weed free. J. Garfield County Environmental Health Manager, Jim Rada, email dated 3.20.09 1 offer the following comments regarding the referenced SUP application: 1. Section 9.1.2 of the narrative section indicates that significant emissions of vapor or smoke are not expected from this facility. There is no discussion of VOC content of the produced water, venting of vapors from the frac tanks or fuel tanks. 1 have discussed and shared this information with the CDPHEAPCD for their input. initial feedback is that even as a "temporary" installation, the facility must be looked at for relevant emissions. 2. Paragraph 1.1 of the fugitive dust control plan speaks to dust generated during construction operations. Subsequent sections reference operation and maintenance of the project. Does this mean that Rust Constructors will be responsible for dust mitigation on this site once construction is complete? 3. The Stormwater Management Plan does not appear to have specific information about this facility. The erosion control drawings for 35 -BV relate to the well pad and 12 SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE 113 access road specific to the gas well development and do not address the water storage and pumping/electrical facilities. Does anything change in terms of grading and stormwater management from the existing site conditions? 4. The erosion control drawings indicate placement of the well pad production equipment in the location of the temporary water facility shown on the URS temporary water facility site plan. 5. Although the temporary water facility will likely generate less noise than the Central Production Facility(CPF), the noise study in the application does not address noise generated by the temporary PWMS. 6. There is no discussion of the pipeline moving this water to the injection well site. Do we have any information regarding the integrity, previous use, construction materials, potential environmental hazard areas from inadvertent releases. Has there been any risk analysis done on this pipeline to determine if it is appropriate to move this contaminated water by this means? It seems that this project is more than just installing tanks, pumps and electrica! equipment. Afterall, this is not clean water that will be moving through this pipeline. Thanks for the opportunity to comment on this application. Jim Rada, REHS Environmental Health Manager Garfield County Public Health K. Colorado Division of Wildlife, Area Manager, J.T. Romatzke, letter dated 3.19.09 Letter attached No comments received: • Garfield County Oil & Gas Liaison, • Grand Valley Fire Protection District VII. 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. 3. 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. 4. 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. SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE Vlll. STAFF RECOMMENDATION Due to the following conditions: • the limited nature of potential impacts to surrounding properties, • the remote location of the property, • the proposed is required to operated within compliance for noise and mitigate glare and other emanations, Staff recommends the Board approve the request for a Special Use Permit for Chevron USA's Temporary Produced Water Treatment System with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. 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 International Fire Code as the Code pertains to the operation of this facility. 4. Vibration generated: the Temporary Produced Water Treatment System 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. 5. Emissions of smoke and particulate matter: the Temporary Produced Water Treatment System shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 6. Emission of heat, glare, radiation and fumes: the Temporary Produced Water Treatment System 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. 7. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes, COGCC Series 800. 8. No storage of heavy equipment or materials is permitted after the construction period. 9. No human occupation of this site is allowed at any time. 10. Any lighting shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 1 14 SUP Chevron Temporary Produced Water Treatment System- BOCC- 4.13.09 PAGE 115 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. 12. Prior to the issuance of the Special Use Permit, a plan that includes adequate design for the spill containment basin for the produced water tanks on site shall be provided to the Garfield County Project Engineer. 13. A maximum of ten (10) frac tanks may be installed on the site under this Special Use Permit. 14. Prior to the issuance of the Special Use Permit, a reclamation security of $2500 per acre shall be submitted for the .86 -acre site disturbance, as per the Garfield County Vegetation Manager. If the use as a water treatment system is ended, reclamation shall be initiated within 60 days and meet the requirements set forth in the reclamation plan in place on the date the Special Use Permit issued, or the site reclamation standards in place at the time of use cessation, whichever is more stringent. The reclamation standards at the date of permit issuance are cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). 15. All equipment on the site shall be painted with non -reflective paint in neutral shades of desert tan or beetle green t make the site less conspicuous. 16. Dust mitigation on the sites and access roads must be performed to prevent fugitive dust. 17. Prior to issuance of the Special Use Permit, written confirmation by a certified wildlife biologist shall be provided to the Garfield County Planning Department to ensure that no active nest sites are within a distance considered by the Colorado Division of Wildlife (chart, page 19 of the Biologic Survey section) to be adversely affected by human activity. 18. Bear -proof refuse containers shall be required on the site. IX. RECOMMENDED MOTION "I move to approve a Special Use Permit to allow the installation of the Chevron USA Temporary Produced Water Treatment Plant, with the conditions provided by Staff." SUP Chevron Temporary Produced Water Treatment System- BOCC-4.13.09 PAGE 15. All equipment on th- site . all be painted with non -reflective paint in neutral shades of desert tan or beetle : reen tomake the site less conspicuous. 16. Dust mitigation on the sites and access roads must be performed to prevent fugitive dust. 17. Prior to issuance of the Special Use Permit, written confirmation by a certified wildlife biologist shall be provided to the Garfield County Planning Department to ensure that no active nest sites are within a distance considered by the Colorado Division of Wildlife (chart, page 19 of the Biologic Survey section) to be adversely affected by human activity. 18. Bear -proof refuse containers shall be required on the site. IX. RECOMMENDED MOTION "I move to approve a Special Use Permit to allow the installation of the Chevron USA Temporary Produced Water Treatment Plant, with the conditions provided by Staff." zo, 4v 4,6i0 �pet,vr,�.t� " Ce-redreP,f,,,d. to4-14- a M F. itioatitxt. 16 DustyDunbar From: John Niewoehner Sent: Wednesday, April 01, 2009 1:51 PM To: Dusty Dunbar Subject: Chevron Temporary Water Management System EXHIBIT 1 Hi Dusty - 1 have no comments regarding the Chevron water management system application except that it was well written. 1 note that no new ground will be disturbed by the proposed facility and the facility will probably be abandoned within one year. I will keep an eye out for the Pipeline Development Plan that will connect the facility to the injection well. - - John 1 GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT Date Sent: March 6, 2009 Comments Due: March 27, 2009 Name of application: SUP Chevron Temporary Produced Water Management System Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Dustin Dunbar 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objection to this application with the following comments. This project is beyond the end of Cr. 211 and is exempt from the driveway access permit. Any other permits that may be needed will be issued if applied for after approval of the temporary produced water management system. As Cr. 204 is being upgraded and Cr. 211 has been improved and the reduction of vehicles from the industry slow down the traffic load will not be an issue. All vehicles hauling equipment and materials for this project shall abide by Garfield County's oversize/overweight system. All vehicles requiring oversize/overweight permits shall have on file with Garfield County Road & Bridge Department a letter from Chevron USA stating such vehicles can obtain oversize/overweight permits under Chevron's road bond on file with Garfield County. All vehicles requiring oversize/overweight permits shall apply for them at Garfield County Road & Bridge Department. All vehicles shall abide by all construction signs and posted speed limits on Cr. 204, This could include reduced speed limits, bypasses and traffic stops. This construction could continue for up to one year. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date March 9, 2009 Revised 3/30/00 1 a EXHIBIT MEMORANDUM To: Dusty Dunbar From: Steve Anthony Re: Chevron Temporary Water Management System SUP# 18908 Date: March 20, 2009 Thanks for the opportunity to comment on this project. My comments are as follows: Integrated Vegetation and Weed Management • The submitted vegetation and weed management plan are acceptable. • Before leaving the site, all off road major construction equipment (graders, dozers, etc) working in areas of mapped noxious weeds should be power washed to remove seeds, soil, and vegetative matter. Reclamation • The applicant has quantified the surface area to be disturbed as .86 acres The recommended security for the PWMS site is $2150. (.86 acre x $2500). • 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 security release consideration. Erosion control • Any straw or hay bales used in erosion control shall be certified weed free. DustyDunbar From: Jim Rada Sent: Friday, March 20, 2009 4:32 PM To: Dusty Dunbar Subject: Chevron Temporary Produced water system. Attachments: Jim Rada (jrada@garfield-county.com).vcf Dusty EXHIBIT zr I offer the following comments regarding the referenced SUP application: 1. Section 9.1.2 of the narrative section indicates that significant emissions of vapor or smoke are not expected from this facility. There is no discussion of VOC content of the produced water, venting of vapors from the frac tanks or fuel tanks. I have discussed and shared this information with the CDPHE APCD for their input. Initial feedback is that even as a "temporary" installation, the facility must be looked at for relevant emissions. 2. Paragraph 1.1 of the fugitive dust control plan speaks to dust generated during construction operations. Subsequent sections reference operation and maintenance of the project. Does this mean that Rust Constructors will be responsible for dust mitigation on this site once construction is complete? 3. The Stormwater Management Plan does not appear to have specific information about this facility. The erosion control drawings for 35 -BV relate to the well pad and access road specific to the gas well development and do not address the water storage and pumping/electrical facilities. Does anything change in terms of grading and stormwater management from the existing site conditions? 4. The erosion control drawings indicate placement of the well pad production equipment in the location of the temporary water facility shown on the URS temporary water facility site plan. 5. Although the temporary water facility will likely generate less noise than the Central Production Facility(CPF), the noise study in the application does not address noise generated by the temporary PWMS. 6. There is no discussion of the pipeline moving this water to the injection well site. Do we have any information regarding the integrity, previous use, construction materials, potential environmental hazard areas from inadvertent releases. Has there been any risk analysis done on this pipeline to determine if it is appropriate to move this contaminated water by this means? It seems that this project is more than just installing tanks, pumps and electrical equipment. Afterall, this is not clean water that will be moving through this pipeline. Thanks for the opportunity to comment on this application. Jim Kada,1ZE 15 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada a(�,garfield-county,com Web www,aarfield-county.com 1 STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 60216 Telephone: (303) 297-1192 wildlife. state.co. us REC!!VED MAw' (' i si`.l March 19, 2009 GAP,. CC3i.tl, lmt Dustin Dunbar BUI�.� _ PLhNNiNG Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Piceance Basin Natural Gas Development Program — Early Production System Produced Water Management System (Project Number — 29454) Dear Ms. Dunbar, For Wildlife - For People Thank you for the opportunity to comment on the proposed Central Produced Water Management System. The Division of Wildlife acknowledges Chevron's request to develop a Produced Water Management System on land currently zoned as grazing/ agriculture; located in the Clear Creek drainage near the confluence of Tom Creek and Clear Creek, north of the town of De Beque, CO. The proposed development lies at the base of a steep slope with west and south facing aspects. The Division of Wildlife would like to offer the following comments with regard to potential impacts this development may have on wildlife. Habitat The Division of Wildlife notes Chevron's intent to implement their internal Environmental, Social and Health Impact Assessment (ESHIA) process for the PBNCG Project. Section 9.2 paragraph four, of the Produced Water Management System application states there will be effects on wildlife, but the ESHIA process will be used to identify problem areas and determine mitigation options. Because the Division of Wildlife has not had the opportunity to review the ESHIA document, the Division of Wildlife is unable to support the ESHIA process as it relates to mitigation of impacts on wildlife. The proposed building site is located near the confluence of Tom Creek and Clear Creek. Tom Creek, a tributary to Clear Creek, which provides some riparian habitat as it flows intermittently and periodically disappears under ground. Riparian areas such as this are highly valuable to wildlife, as they provide both permanent habitat and migration corridors allowing movement from one area to another. The riparian vegetation along Tom Creek consists of a few deciduous shrubs and woodland over story comprised of mountain boxelder, locust, willow and cottonwood. Habitat surrounding the proposed site is characterized by sagebrush -steppe, mountain shrub and woodland vegetation, consisting primarily of Gambel's oak, Douglas fir, big sagebrush, rabbitbrush, snowberry, serviceberry, chokecherry, sumac, and several forbs and grasses. This habitat provides critical summer range for mule deer; summer range, severe winter range and winter concentration area for elk; DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Robert Bray, Chair • Brad Coors, Vice Chair • Tim Glenn, Secretary Members, Dennis Buechler • Jeffrey Crawford • Dorothea Farris • Roy McAnarly • Richard Ray • Robert Streeter Ex Officio Members, Hams Sherman and John Stulp year-round and production range for wild turkey; summer and fall concentration areas for black bears; year-round range for mountain lion; and production areas and winter range for Greater sage grouse. The proposed facility lies in close proximity to at least two active sage grouse leks on Skinner Ridge. The proposed facility also lies in close proximity of sage grouse brood area on Puddin Ridge. The proposed Produced Water Management Systemlie in an area where native vegetation provides foraging, nesting, thermal and escape habitats for numerous species of wildlife. The removal and disturbance of native vegetation for the construction of the CPF, temporary storage area and associated roads will negatively impact the native wildlife species associated with this project area. Upon rehabilitation of this location and roads, negative impacts to native wildlife can be offset by planting a suitable mixture of native grass/forb/shrub seed. Seed plantings on disturbed soils will have greater germination and survival rates when the soil surface has been prepared to hold moisture and runoff precipitation. Soils will exhibit increased moisture retention capabilities when the soil surface has been loosened with a "ripping tool" that creates a rough and uneven soil surface and seed bed. This treatment will increase seed germination, and, will reduce the amount of surface runoff and soil erosion. Weed Control Non-native weed species have become established on many disturbed soils throughout the Roan Creek area. The disturbance of soil, particularly along riparian corridors, increases the chance of non-native weed invasion. The invasion of non-native weeds reduces the density of native vegetation and lessens the habitat values for native wildlife species. The continual control and removal of non-native weeds on the disturbed/rehabilitated sites of this project will help restore native vegetation that is valuable to wildlife. The Division of Wildlife notes that the Integrated Vegetation and Noxious Weed Management Plan sufficiently addresses these issues and includes recommendations for treatment and reduction of non- native weeds. The Division of Wildlife supports these recommendations, and would gladly provide any additional information needed on weed control. Roads Bears The Division of Wildlife notes and supports that minimal new roads are proposed with this new development. Minimizing the number of roads will benefit wildlife, as building of multiple roads in an area increases fragmentation of habitat, inhibits the natural movement of wildlife across the landscape, increases road -kill mortality, and broadens the opportunity for poaching. Minimizing roads and road use will also decrease fugitive dust, which can become severe during dry summer months. The Division of Wildlife recommends that Chevron strictly enforce speed limits on new and existing roads, and employ dust control measures as needed. The proposed Produced Water Management Systemlie within year-round black bear habitat. Increased human use of the proposed development area may increase the potential for conflicts with black bears during the summer and early fall, particularly during years of drought. The potential for human/bear conflicts within this project area would be greatly reduced by placing and utilizing "bear proof' trash containers at work-site/camping locations. These trash containers should be emptied weekly at a minimum. The Division of Wildlife has information on the design and purchase of "bear proof' trash containers, and, will provide this information to anyone who is interested in preventing conflicts with bears. The Division of Wildlife recommends that employees be required to comply with "bear aware" policies regarding food, trash, BBQ grills, and birdfeeders; and educated on what to do if they encounter a bear. The Division of Wildlife would gladly offer specific on-site recommendations to minimize human -bear conflict, and provide bear education seminars for contractors and/or employees. Workers affiliated with this project should be advised not to feed bears, whether intentional or not, since this activity is detrimental to black bears, and is a violation of Colorado Wildlife Commission Regulation (WCR) #021(D). WCR #021(D) states, it is unlawful for any person to fail to take remedial action to avoid conflict with black bears after being notified by the Division of Wildlife that black bears are in the area. The Division of Wildlife recommends Chevron employees and subcontractors be advised of this regulation (WCR #021(D)). The Division also suggests workers affiliated with this project be notified that failure to comply with the regulation will result in the issuance of a citation by the Division of Wildlife. Cumulative Impacts Negative impacts to wildlife become significant when habitat disturbances caused by gas development are added over time and become cumulative. Negative impacts to wildlife are a result of noise from well heads and compressors; increased sedimentation; disturbance of fragile soils and steep slopes; loss of winter forage for wildlife; loss of migration corridors for wildlife; human disturbance to wintering populations of wildlife; animal harassment as a result of increased human activity; vegetation disturbance by road, pipeline and well pad construction; increased invasion of noxious weeds to disturbed sites; and increased access into roadless areas resulting in a loss of seclusion for wildlife and increased vulnerability to poachers. Furthermore, the rate in which disturbed sites are reclaimed is not equal to the rate of disturbances created by gas development. As a result, there is significant deficit to biologic systems created and compounded by the time it takes to restore lost habitat. Poaching Multiple species of wildlife that inhabit the area surrounding the proposed facility, including elk, mule deer, black bear, mountain lion, wild turkey and sage grouse, may be extremely vulnerable to illegal hunting during various times of the year. Wildlife species often concentrate near roads and riparian areas, particularly during the winter months when deep snow forces them to lower elevations. Wildlife along roadside habitats may become highly visible during certain times of the year and become easy targets for poaching. The Division of Wildlife acknowledges that DOW Law Enforcement presence is welcome at all times on Chevron property, and recommends that Chevron continue to internally enforce their rules regarding possession of firearms. Furthermore, the Division of Wildlife encourages Chevron and its employees to report any incidents of poaching immediately to the Division of Wildlife. if a poaching incident occurs, representatives of Chevron should immediately call the District Wildlife Manager (via the Colorado State Patrol at 970-249-4392, if after normal business hours) or Operation Game Thief (OGT) at 1-877-265-6648. Chevron should educate workers about poaching and encourage reporting of such incidents to Operation Game Thief. Thank you for the opportunity to comment on the Produced Water Management System (Project Number — 29454) development proposal. The Division of Wildlife appreciates the opportunity to comment on new developments in Garfield County. Please feel free to contact District Wildlife Manager Albert Romero at 970- 255-6154 should you have any questions or require additional information. Sincerely, ( JT Romatzke Area Wildlife Manager cc: Ron Velarde, Northwest Regional Manager Brad Petch, Senior Wildlife Conservation Biologist Albert Romero, District Wildlife Manager SUP: Chevron USA, Inc. Temporary Produced Water Management System (TPWMS) BOCC April 13th, 2009: SUP: Chevron USA, Inc. Temporary Produced Water Management System Project Specifics REQUEST Special Use Permit for 'Industrial Support Facility " Produced Water Treatment System (Temporary) APPLICANT Chevron USA, Incorporated Represented by Sally Cuftin, PE, URS and Julie Justus, Chevron LOCATION 2.5 miles from the end of CR 211, northwest of Debeque SITE DATA .86 acres of a 54,000 -acre tract 2139-163-00-014, 2137-321-00-008 ACCESS Private road off CR 211, north of CR 204, northwest of Debeque EXISTING / ADJACENT ZONING: Resource Lands IR/LJ, Open Space (OS) Bureau of Land Management RELATIONSHIP TO THE COMPREHENSIVE PLAN Facility may be considered wilhi a Special Use Permit 1 1 BB-35—BY SERVICE PAD EQUIPMENT LAYOUT PEPOaMPL Mil MAIM uen Ill • Ili .444OPAS x r K R •/. IC 1/i8 *Emil 1OA.WV PPM « i .41 u •d1 wio� MAN d ewnp n. d ai w,.e rd[ r.R+u..wr wsa«m Pipeline Pipeline The pipeline (permitted in Feb. 2009) will be installed in spring/ summer 2009. Part of the permanent produced water management system , o pipe system will carry water to the system connection on 35 -BV to the injection wells up Clear Creek starting with well 598-08-1. 'irk. r 3 Requirements Section 5.03.07 • An impact statement shall be prepared by the applicant and ten (10) copies submitted to Garfield County, to include responses to conditions set forth in 5.03.07, (a) through (f). • These conditions include: the lawful use of water, mitigations of nuisances generated, mitigation for effects on wildlife, traffic. Requirements Section 5.03.07 Industrial Operations • Site is located in a `neighborhood' that has a number of industrial facilities permitted; • Facility is unmanned, and requires no sanitation or water except during construction period (50 days); • Road improvements are not required; permits for oversized vehicles, etc. as required by GarCo Road & Bridge are a condition of approval; • Site is located in a steep -walled canyon more than 2.5 miles from the end of the public road, meets the setback distance requirements from other properties; • There is limited lighting affiliated with this project and no signs; 5 Requirements Section 5.03.08 • Site is administered under the COGCC 800 series standards. • Noise assessment for the CPF included this well pad as a component; noise levels are acceptable • Vibration imperceptible at any point of boundary line • Emissions of smoke and particulate matter shall meet all local, County, State and Federal standards • Emissions of heat/glare/radiation/fumes- operation shall not substantially interfere with existing use of adjacent properties or cause a public nuisance SUP: Chevron USA, Inc. Temporary Produced Waler Management System Requirements met? The conditions have been met, or can be met with conditions. In response to 'Operations shall be conducted in a manner to prevent the operation from constituting a nuisance or hazard' • the site is distanced from residences, • the site is visually screened by its remote location in a canyon • the noise at the boundary will be below 70 dbA at a distance of 350 feet from the facility 7 SUP: Chevron USA, Inc. Temporary Produced Water Management Syslurn Staff recommends approval with conditions: SUP: Chevron USA, Inc. Temporary Produced Water Management System 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 al that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be In the best interest of the health, safely, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. 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. Thal 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. Thai 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. 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 International Fire Code as the Code pertains to the operation of this facility Vibration generated: the Temporary Produced Water Management System 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. 9 SUI': Chevron USA, Inc. Temporary Produced Waler Management System Staff recommends approval with conditions: 14. Prior to the issuance of the Special Use Permit, a reclamation security of $2500 per acre shall be submitted for the .86 - acre site disturbance, as per the Garfield County Vegetation Manager. If the use as a water treatment system is ended, reclamation shall be initiated within 60 days and meet the requirements set forth in the reclamation plan in place on the date the Special Use Permit issued, or the site reclamation standards in place at the time of use cessation, whichever is more stringent. The reclamation standards at the date of permit issuance are cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). 15. All equipment on the site shall be painted with non -reflective paint in neutral shades of desert tan or beetle green to make the site less conspicuous. 16. Dust mitigation on the sites and access roads must be performed to prevent fugitive dust. SUP: Chevron USA, Inc. Temporary Produced Water Management System Staff recommends approval with conditions: 17. Prior to issuance of the Special Use Permit, written confirmation by a certified wildlife biologist shall be provided to the Garfield County Planning Department to ensure that no active nest sites are within a distance considered by the Colorado Division of Wildlife (chart, page 19 of the Biologic Survey section) to be adversely affected by human activity. 18. Bear -proof refuse containers shall be required on the site. 19. The Special Use Permit for the Temporary Produced Water Management System shalt expire 12 months from the issuance of permit. 11