HomeMy WebLinkAbout3.0 BOCC Staff Report 09.15.2014Garfield County Board of County Commissioners Public Hearing Exhibits Limited Impact Review Land Use Change Permit Water Storage — Water Impoundment Facility Known as the House Log Gulch Tank Farm (File LIPA-7934) Applicant: Berry Petroleum September 15, 2014 Exhibit # Exhibit Description 1 Public Hearing Notice Information Form and Attachments 2 Garfield County Land Use and Development Code, as amended 3 Garfield County Comprehensive Plan of 2030 4 Application 5 Staff Report 6 Staff Presentation 7 Referral Comments from Garfield County Consulting Engineer 8 Referral Comments from Garfield County Road and Bridge 9 Referral Comments from Garfield County Vegetation Manager 10 Referral Comments from Garfield County Environmental Health 11 Referral Comments from Colorado Parks and Wildlife 12 Referral Comments from the Town of Parachute 13 Referral Comments from Colorado Division of Water Resources 14 Referral Comments from Garfield County Oil and Gas Liaison 15 Referral Comments from Grand Valley Fire Protection District 17 (� 18 19 20 21 22 23 24 25 26 27 EXHIBIT 11. Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. ❑X My application required written/mailed notice to adjacent property owners and mineral owners. ✓ Mailed notice was completed on the 12 day of August , 2014. ✓ All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. ✓ All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] provided by Berry Petroleum Company's landman • Please attach proof of certified, return receipt requested mailed notice. 0 My application required Published notice. ✓ Notice was published on the 7 day of August , 2014. ■ Please attach proof of publication in the Rifle Citizen Telegram. X❑ My application required Posting of Notice. ✓ Notice was posted on the 13 day of August , 2014. ✓ Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Tilda Evans Signature: 'r " g Date: August 27, 2014 ADJACENT PROPERTY OWNERS AND MINERAL RIGHTS OWNERS BERRY PETROLEUM, LLC HOUSE LOG GULCH TANK FARM March 10, 2014 Adjacent Property Owners Parcel Number: 213527300015 Merit Appraisal & Tax Consulting v Encana OiI & Gas (USA) Inc PO Box 330 Gainesville, TX 76241 Parcel Number: 213529100008 Chevron Texaco Property Tax , Chevron USA Inc PO Box 285 Houston, TX 77001 Parcel Number: 213532100009 Tax Dept Berry Petroleum Company & 1999 Broadway, Suite 3700 Denver, CO 80202 Parcel Number: 213532100009 Marathon Oil Company 5555 San Felipe Houston, TX 77056 Parcel Number: 213532100009 PGR Partners 800 Gessner, Suite 700 Houston, TX 77024 Parcel Number: 213532100009 Wapiti Oil & Gas 800 Gessner, Suite 700 Houston, TX 77024 Parcel Number: 213533400010 Chevron Texaco Property Tax Chevron USA Inc PO Box 285 Houston, TX 77001 Parcel Number: 216901100027 Tax Dept Berry Petroleum Company & 1999 Broadway, Suite 3700 Denver, CO 80202 Parcel Number: 216901100027 Marathon OiI Company ,;; 5555 San Felipe Houston, TX 77056 Parcel Number: 216901100027 PGR Partners 4, 800 Gessner, Suite 700 Houston, TX 77024 Parcel Number: 216901100027 Wapiti Oil & Gas, 800 Gessner, Suite 700 Houston, TX 77024 Parcel Number: 216902200019 Jojo Properties LLC ✓ PO Box 1926 Rifle, CO 81650 Parcel Number: 216902200019 Donna J Koehler w° PO Box 300 DeBeque, CO 81630 Parcel Number: 216902200019 Richard L, Lyle & Ned Prather PO Box 165 DeBeque, CO 81630 Mineral Rights Owner Chevron Texaco Property Tax Chevron USA Inc PO Box 285 Houston, TX 77001 m 0 m m N ru ru rq P9 U.S. Postal Servicers, CERTIFIED MAIL,-, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com,. Postage Certified Fee Return Receipt Foe (Endorsement Required) Restricted Delivery Fee (Enders omen' Required) r C) 3. 2. 0.0 6.48 'BMW Pn:Aana R Foam T Wig Z WENdt.X X l t Here ti Richard L, Lyle & Ned Prather Q air PO Box 165 N cn DeBeque, CO 81630 1010 0002 0278 U.S. Postal Service CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website et www.usps.com;; 0F1,_ICljAL USE Postage Coddled Fee Return Recotpt Foe (Endorsement Requiredy Realdoled Delivery Fee (Endorsement Required) Total o...r....,, a r... .48 3.3 r 246. 0 00 6. 13, ruQRr t Tax Dept o •S,rQpl Berry Petroleum Company & N orPO 1999 Broadway, Suite 3700 Cl* Denver, CO 80202 oD Noir 44. ^l G.4 )y m N ru Postage $ .48 U.S. Postal Service,, CERTIFIED MAIL.r•, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www-usps.corn. Oeiji I C 1 Ilri i;•, r..l' Cerurtified Fee 3.30 0 Return Receipt Fee O (Endorsement Required) 2.70 Restricted Delivery Required) 0.00 a Total Pintoes & Fees .I' 6.48 rR r,, i Merit Appraisal & Tax Consulting r . Encana Oil & Gas (USA) Inc P- °' PO Box 330 Gainesville, TX 76241 joltLri � oWLsris rtero� 7012 1010 0002 0278 m ru 7012 1010 0002 0278 N N ru ru O 0 rR O ru ra N U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.cam• Postage Certmad Fee Retum Receipt Fee (Endorsement Required) Restdcied Delivery Feo (Endorsomeet Required) Tornl Regimen & Few; M .48 3.3 2.70 0.00 6.48 Donna J Koehler PO Box 300 ii DeBeque, CO 81630 Here U.S. Postal Service,. CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com; OFFICIAL t; Postage Certified Fee Return Receipt Fee (Endorsement Rewired) Restricted Delivery Fee (Endorsement Required) $ Total Pastae. & Feee 9f 2.70 0 0, Chevron Texaco Property Tax $in Chevron USA Inc ort PO Box 285 Houston, TX 77001 Po"Sea' Hemi U.S. Postal Service, CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Fordellvery information visit our website at www.usps.com. Retum Receipt Fee (Endorsement Required) Reslddud Detivory Fee (Endorsement Required) Total Postage & Fees gi of JOJO Properties LLC prf PO Box 1926 ciry Rifle, CO 81650 U.S. Postal Service,, CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) 7012 1010 0002 0278 For delivery information visit our website at www.usps.Com;y Postage Certified Feo Retufn Receipt Foe (Endorsement Required) Restricted Delivery Fee (Endoreemdnt Required) To101 Pnrin on R Fens 1f tJ 270 cock 6.48 sem Marathon Oil Company 5555 San Felipe af' Houston, TX 77056 Poetmnrk Witt Worn U.S. Postal Service,, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com: Postage Cadilind Fee Roium Receipt Foe (Endorsement Required) Restated Delivery Fee (Endorsement RegWredy Total Peataew A PPM .48 3.3? 2.70 0.00 6.48 s Wapiti Oil & Gas 800 Gessner, Suite 700 Houston, TX 77024 r -a .A N lu U.S. Postal Service CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com Postage $ Certified Foo rU O Return Receipt Fee p (Endorsement Required) 1-4 O rR PGR Partners N or 800 Gessner, Suite 700 Ci Houston, TX 77024 Reelricted delivery Fee (Endorsement Requlted) .48 3. Postmark Here Taial Posmoe & Fees S SENDER: COMPLETE THIS SECTION e Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ® Print your name and address on the reverse so that we can return the card to you. t• Attach this card to the back of the mailpiece, or ()it tine front If space permits. 1. Article Addressed to: COMPLETE THIS SECTION ON DELIVERY eived d Name) tie dant ddressee C. Date of Delivery 6 1Z-) D. Is delivery address different from Item 1? 0 Yes If YES, enter deflvery address below: f Jo Richard L, Lyle & Ned Prather PO Box 165 DeBeque, CO 81630 3. Service type Mi Certified Mall 0 Registered O insured Mall.. 0 Express Mall 131�$eturn Reoelpt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number Manger from service lebeQ ... 7 012 1010 0002 0 2 7 8 4393 PS Form 3811, February 2004 SENDER: COMPLETE THIS SECTION Domestic Retum Receipt it Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. `a Print your name and address on the reverse so that we can retum the card to you. • Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Donna J Koehler PO Box 300 DeBeque, CO 81630 102595-02-M-1640 COMPLETE THIS SECTION ON DELIVERY ❑ Agent Addressee C. Date of Delivery D. Is deliiveryaddress different from Item 17 0 Yes If YES, enter delivery address below: 0 No 3. Service type Certified Mall 0 Express Mall 0 Registered 0 Retum Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7 012 1010 0002 0278 4409 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102585.02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. R Print your name and address an the reverse so that we can return the card to you. el Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Tax Dept Berry Petroleum Company & 1999 Broadway, Suite 3700 Denver, CO 80202 A. gnature .r�:� :•ant itra 1}�L.�Lrj� i. Addressee C. Date of Delivery 0. Is delivery address '' Brent from Item 17 ❑ Yes If YES, enter delivery address below: 0 No 3. Service type IN Certified Mall ❑ Registered ❑ Insured Mail 0 Express Mall 0 Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7012 1010 0002 0278 4416 PS Form 3811, February 2004 Domestic Return Receipt 102595+02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front If space permits. 1. Article Addressed to: Chevron Texaco Property Tax Chevron USA Inc PO Box 285 I Houston, TX 77001 A. Signature X c•- %rrR " ' .❑ Agent 0 Addressee to of yellvery B. Received by (Printed Name) D. Is delivery address different item 17 0 Yes If YES, enter delivery address below: ❑ "IC 3. Service Type ■ Certified Mall 0 Registered ❑ insured Mall 0 Express Mall 0 Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7012-1010 0002 0278 4423 P8 Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION El Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. Is Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: __ Merit Appraisal & Tax Consulting Encana Oil & Gas (USA) Inc PO Box 330 Gainesville, TX 76241 COMPLETE THIS SECTION ON DELIVERY ❑ Agent 0 Addressee C. ate of Delivery -I D. Is • =livery = • • _.. different from Item 1? ❑ Yes If YES, enter delivery address below: 0 No 3. Service 'We Si Certified Mall ❑ Registered ❑ Insured Mall ❑ Express Mali O Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7012 1010 0002 0278 4430 PS Form 3811, February 2004 Domestic Return Receipt 102695-02-M-1540 SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ID Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the malipiece, or on the front if space permits. 1. Article Addressed to: JOJO Properties LLC PO Box 1926 Rifle, CO 81650 COMPLETE THIS SECTION ON DELIVERY eiv= •.)(rt./iny ❑ Agent 0 Addressee Name) C. Date of Delivery Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 0 No 3. Service type ■I Certified Mall O Registered ❑ Insured Mall ❑ Express Mall ❑ Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2, Article Number (Transfer from service label) 7012 1010 0002 0278 4447 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. si Print your name and address an the reverse so that we can return the card to you. E Attach this card to the back of the malipiece, or on the front if space permits. 1. Article Addressed to: Marathon Oil Company 5555 San Felipe Houston, TX 77056 COMPLETE THIS SECTION ON DELIVERY A. Signature X ❑ Agent ❑ Addressee Qat: or 0 live D. Is delivery address different from Item 1? 0 ea If YES, enter delivery address below: 0 No 2. Article Number (Transfer from service Iabei 3. Service Type • Certified Mall 0 Express Mall ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7012 1010 0002 0278 4454 PS Form 3811, February 2004 SENDER: COMPLETE THIS SECTION Domestic Return Receipt O Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address an the reverse so that we can return the card to you. r1 Attach this card to the back of the malipiece, or on the front if space permits. 102595-02-M-1540 1. Article Addressed to: PGR Partners 800 Gessner, Suite 700 Houston, TX 77024 COMPLETE THIS SECTION ON DELIVERY B. Received y Printer! Nam e D. Is delivery address different from Item 1? © Yea if YES, enter delivery address below: 0 No ❑ Agent Addressee C. Date of Delivery 3. Service Type • Certified Mall 0 Express Mall 0 Registered 0 Retum Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restdoted Delivery'? (Extra Fee) In Yes 2. Article Number (Tiansfer from service label) 7012 1010 0002 0278 4461 PS Form 3811, February 2004 Domestic Retum Receipt SENDER: COMPLETE THIS SECTION Po Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the malipiece, or on the front If space permits. 1. Article Addressed to: Wapiti Oi>P& Gas 800 Gessner, Suite 700 Houston, TX 77024 102595.02-M-1540 : COMPLETE THIS SECTION ON DELIVERY A. Si nature V 1 ' G Agent Addressee B. Received, y (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? C] Yes If YES, enter delivery address below: 0 No 3. Service Type MI Certified Mall ❑ Registered 0 insured Mall 0 Express Mail ❑ Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7012 1010 0002 0278 4478 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 PUBLIC NOTICE TAKE NOTICE that Berry Petroleum Company LLC, in conjunction Marathon Oil Company, Wapiti Oil and Gas LLC, and PGR Partners LLC has applied to the Board of County Commissioners, Garfield County, State of Colorado, to request approval of a Land Use Change Permit, Limited Impact Review (File Number LIPA-7934), for a Water Impoundment Facility. The site is located within the County of Garfield, State of Colorado, to -wit: Legal Description Section: 32 Township: 5 Range: 96 SEC 29 S1/2SW, S1/2SE, SEC 32 N1/2NE, SWNE, NW, N1/2SW, SESW, SE, SEC 33 SW Practical Description: The site is located approximately 10 miles northwest of the Town of Parachute and accessed by private roads off of County Road 215. It is located in the SE1/4SW1/4 Section 32, T5S, R96W and is part of a property known by Assessor's Parcel No. 2135-321-00-009. Request: The Applicant is seeking approval to convert a portion of an existing permitted Laydown yard to a Water Impoundment Facility, known as the House Log Gulch Tank Farm. The tank farm will include up to 3 tanks, each 130,000 bbls in size. The facility will include an additional 500 bbl tank to remove oil from the produced water and one 300 bbl oil tank. The facility will include other support infrastructure along with a DAF building, pump house, and office/utility/storage building. Water will be sent to the facility via pipeline from natural gas wells in the vicinity. The site is approximately 11.77 acres of previously disturbed land on an overall tract of approximately 880 acres. The Property is zoned Resource Lands (RL) Plateau. All persons affected by the proposed use are invited to appear and state their views, protests or support. If you cannot appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request for a Land Use Change Permit. The application may be reviewed at the office of the Community Development Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado, 81601, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for the 15th day of September, 2014 at 1:00 PM and will be held in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado, 81601. Community Development Department Garfield County Ad Name: 10433405A Customer: Olsson Associates Your account number is: 1006467 PROOF OF PUBLICATION THE RIFLE. CITIZENTELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of The Rhe Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 8/7/2014 and that the last publication of said notice was dated 8/7/2014 the issue of said newspaper. In witness whereof, I have here unto set my hand this 08/27/2014. Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 08/27/2014. C2q714& JAI-44dt My Commission Expires 11/01/2015 Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 PUBLIC NOTICE TAKE NOTICE Mel Nifty Petroleum Company I.1.C, In conjunction Marathon Oil Company, Wapiil 011 and Gas LLC, and PUR Partners LLC hos ap- plied to the Board 01 County Commissioners, Gar- field County, Stale ol Colorado, to request approv- al of a Lend Use Change Permit, Limited Impact Review (Elio Number LIPA•7934), for a Water Im- poundment Facility. 'rhe site is located within the County ol Gerlletd, State of Colorado, to -wit: Legal Dessrialle0 Section: 32 Township: 5 Rangpe: 96 SEC 29 S112SW, 811258, SEC 32 14112145, SWNE, NW, N112SW, SESW, SE, SEC 33 SW PraslltstJ lesstijnajzt, Tire she is located approxi- mately 19 miles northwest 0f the Town al Para- chute and aceessed by private road&o1! of Cnunly Rout 215. Ills located in the SE1/45W114 sec- tion 32, T5S, R96W and Is part of a property known by Assessor's Parcel No. 2135-321.00.009. Rertvesl: The Applicant Is seeking approval to convert a portion of an existing permitted Lsydown yard Io a Water 3mpoundmonl Facility, known as the House Log Gulch Tank Farm, The lank farm will include up to 3 tanks, each 130,000 bb€s in size. The facility will Include an additional 500 bbl tank to remove oil from the produced water and one 300 b51 oil tank. The Iacllity will Include Other support infrastructure along with a DAF building. pump house, end office/utility/storage building. Water will be Sent to the leoility via plpoilne from natural gas wells In the vicinity. The site Is ap- proximately 11.77 acres of previously disturbed and an an overall irael of approximately 850 acres. The Property Is zoned Resource Lands (RL) Pla- teau. Ali persons effected by the proposed use are Invit- ed to appear and stale their Yews. protests or sup- port. 11 you cannot appear personally ei BUCK hearing, Then you aro urged to stale your views by letter, as Ih6 Beard of County Commiesloners will give consideration to the comments of surrounding properly owners, and others affa0led, in deciding whether to approve, approve with condlti018 Or de- ny the request for a Land Use Change Permit, The application may be reviewed at the office of Iho Cortlmunlly Development Department located at 108 6th Street, Suite 401. Garfield County Plaza Building, Cienw00d Springs. Colorado. 81601, between the hours 01 8:36 a.m. and 5:00 p.m., Monday through Friday. A. public hearing on the application has been scheduled for the 1515 day of Saptamoer, 2014 at 1:00 PM and will be hold In the COunly Commis'. stoners Meeting Room, Garfield Courtly Plaza Building. 108 8th Street, G€anwosd Springs. Coto - rade, 81901. Community Development Department Garfield County Published In the Citizen Telegram August 7, 2014. (10433405) 1 EXHIBIT BOCC 9/15/14 File No. LIPA-7934 GH PROJECT INFORMATION AND STAFF COMMENTS REQUEST Limited Impact Review for a Water Impoundment/Storage Facility APPLICANT Berry Petroleum PROPERTY OWNER Marathon Oil Company, Berry Petroleum, PGR Partners LLC, Wapiti Oil and Gas LLC ASSESSOR'S PARCEL # 2135-321-00-009 PROPERTY SIZE LOCATION ACCESS The Site is approximately 11.77 acres in size on an overall tract of approximately 880 acres. The site is located approximately 10 miles northwest of the Town of Parachute. It is located in the SE1/4SE1/4 Section 32, T5S, R96W. The facility is accessed by a series of private roads off of County Road 215 built and maintained for use by the natural gas industry. The private roads are known as Garden Gulch Road and Garden Gulch Extension EXISTING ZONING The property is zoned Resource Lands (RL) Plateau I. GENERAL PROJECT DESCRIPTION The Applicant seeks to convert an existing approved storage facility/staging area to a production water storage facility. The Facility is known as the House Log Gulch Tank Farm. The facility will include at build -out three 130,000 bbl water storage tanks. The tanks will be approximately 48 ft. tall and 140 ft. in diameter. The tanks will include floating ceiling or skimmer units for removal of potential vapors. The facility will also include the following support infrastructure: • 500 bbl gun barrel tank for initial treatment - separation and removal of oil • 300 bbl oil storage tank • Vapor combustion unit 1 • Natural gas powered generator • DAF building • Electrical Powered pump - pump house building • Utility building • Existing water pipeline system & proposed pipeline for connection to the system • Containment berms • 8 ft. high security fence, existing fence will be expanded to include the new facilities • Monitoring Wells and leak detection systems VICINITY MAP of �{ �yii {{. .,-L.i � .■y fir, �fI-F�,`'►�;! `; �.]�Y ,Zrr�yy./1,�y TOWN OF PARACHUTE The existing storage/staging facility was approved for a Conditional Use Permit in 2008 and most recently issued an updated Land Use Change Permit in 2011. It included approximately 13.84 acres in size owned by both Berry Petroleum and Marathon Oil Company. That portion of the site owned by Berry Petroleum is proposed for conversion to the water tank farm use. The site has been fully developed, graded and improved for the existing storage yard. Only a minimal amount of new grading (site 2 disturbance) will be necessary for the tank farm at the northeast portion of the site and for an additional service/access road. The site is served by private access roads known as the Garden Gulch Road and Garden Gulch Extension Road. The roadway is shared between several operators and is subject to extensive operations and maintenance agreements. No change to the off- site access roads is proposed. Internal circulation will include the widening of the initial access segment to 30 ft. in width and construction of a 10 ft. wide service road to the gun barrel storage tank on the upper portion of the site. The Applicant will comply with COGCC Permitting including Form 28 requirements. COGCC requirements include leak detection systems, monitoring wells, containment requirements (including EPA requirements), and Spill Prevention Control and Countermeasures Plans. SITE PLAN „4.„,a.,.6µ,. 3 Water will be transported to the site by an existing pipeline system. A small pipeline extension will be required to connect the facility. Trucking of water to the site would only be utilized in emergency situations. The facility will be unmanned with the exception of monitoring and inspections. No potable water or permanent sanitation facilities are proposed with portable toilets to be on site or on adjacent sites in accordance with OSHA regulations. The Application represents that the facility will enable the reclamation of on-site storage pits on Berry natural gas development locations and the tanks will be constructed in phases. The initial phase will be construction of one 130,000 bbl tank with the additional two tanks constructed as demand dictates. AERIAL PHOTOGRAPH AND ADJOINING OIL AND GAS ACTIVITY APPLICANT'S SITE II. LOCATION - SITE DESCRIPTION The site is currently developed with an existing leveled and graded bench for the proposed facility. The site is improved with a compacted driving surface and currently does not have any vegetation on the actively used portion of the site. The site is just 4 north of and approximately 100 ft. from House Log Gulch. Little Creek is the other nearest drainage approximately 3,000 ft. north of the site. The site slopes up moderately to the north and reflects an extensive cut slope and grading to create the existing level storage bench. Outside of the developed portion of the site the surrounding area has native sage brush, grasses and shrub land vegetation including some stands of Aspen. VIEW OF THE SITE LOOKING WEST Applicant's Site is to the Rear Marathon Facility to remain a Storage Yard III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Board's public hearing in accordance with the Garfield County Land Use and Development Code as amended. No public comments have been received at this time. Comments from referral agencies and County Departments are summarized below and attached as Exhibits. 1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: • Questioned details on the noise study and containment area volumes. • Looked for grade information on the Gun Barrel tank access road. • Noted the impervious area of the tank surfaces and related storm water drainage issues. 5 2. Garfield County Road and Bridge Department: Indicated that they had no issues with the Tank Farm. 3. Garfield County Vegetation Manager, Steve Anthony: • Indicated that the noxious weed map was acceptable but the Noxious Weed Management plan was not acceptable. • Indicated that plumeless thistle rosettes should be treated this summer or early fall and requested a site visit to review weed management efforts. 4. Garfield County Environmental Health, Morgan Hill Environmental Health Specialist: • Indicated the need for proper air quality permits from CDPHE. • Supported the use of tanks rather than ponds to reduce air emissions. • Made note of the proximity to House Log Gulch and shallow groundwater as a concern in the event of a spill. 5. Colorado Parks and Wildlife, Scott Hoyer District Wildlife Manager: • Indicated that they do not view the project as being overly detrimental to wildlife. • Noted the existing extensive natural gas production development in the area. • Urged the operator to follow BMP's listed in the project description to avoid or mitigate impacts on wildlife and habitat. 6. Town of Parachute, Stuart S. McArthur, Town Administrator: Indicated that the Town had no issues regarding granting this application. 7. Colorado Division of Water Resources: • Noted that the water stored is from non -tributary sources and not subject to administration in the prior appropriation system. • They had no objection to the application. 8. Garfield County Oil and Gas Liaison, Kirby Wynn: Commented that the site seemed appropriate given surrounding existing oil and gas facilities and the rural area with minimal potential for nuisance concerns. He also forwarded COGCC Form 2A application materials. 9. Grand Valley Fire Protection District: Commented that the Application looks fine and there aren't any further requirements from the Fire District. The District has commented on previous applications that Garden Gulch Road and Garden Gulch Extension Road meet the districts needs for access. 10.Other agencies that did not submit comments include: (a) the Colorado Department of Public Health and Environment Air and Water Quality Divisions; and (b) Bureau of Land Management. 6 IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided detailed responses to the Submittal Requirements and applicable sections of Article VII, Divisions 1, 2, and 3, including Section 7-1001 Industrial Use Standards. The Application materials include an Impact Analysis and related consultant reports, technical studies, and plans. 7-101 — 103: Zone District Regulations, Comprehensive Plan & Compatibility The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article III standards for the Resource Lands Plateau zone district, including height restrictions. The Comprehensive Plan 2030 designates the site as RPN (Resource Production/Natural). Excerpts from the Land Use Description Section Chapter 2, Section 8, Natural Resources and Section 9, Mineral Extraction are provided below. Chapter 2 — Land Use Designations Resource Production/Natural (RPN): Agricultural and grazing land use primarily oil, gas, oil shale, coal mining, gravel mining, including support buildings and facilities needed for the natural resource extraction industry, and other business uses that can be adequately buffered from adjacent incompatible uses. Also includes area with significant environmental constraints such as upper plateaus, talus slopes, and steep slopes over 20%. Private inholdings mostly surrounded by public lands with limited public access. Section 8 — Natural Resources Goals 1. Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected and /or impacts mitigated. 4. Ensure the appropriate reclamation of land after extraction processes. Policies 1. The County will encourage and cooperate with the protection of critical habitat including state and federally protected, threatened, or endangered species. Section 9 — Mineral Extraction Goals 1. Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources. 2. In working with mineral extraction projects, the county will protect the public health, safety and welfare of its citizens. House Log Gulch Tank Farm Comprehensive Plan Future Land Use Map - Excerpt Green: Resource Production/Natural Purple: Industrial White: Public Lands Red Band: Parachute Area of influence Policies 3. Mineral resource extraction activities will protect critical wildlife habitat as identified by state and federal agencies. Development within these designations that cannot be designed, constructed and conducted so as to have a minimum adverse impact upon such habitat or these wildlife species shall be discouraged. 8 4. Facilities that are appurtenances to oil/ gas development activities (compressors, etc.) are considered appropriate in all land uses so long as they meet the respective mitigation requirements of the ULUR to maintain compatibility with surrounding land uses. The location and design of the proposed facility is in general conformance with the Comprehensive Plan Policies subject to proper mitigation of impacts. The request demonstrates general compatibility with adjoining uses that are primarily oil and gas exploration/production and agricultural associated with cattle grazing. 7-104 & 105: Source of Water & Waste Water Systems The Application represents that the facilities will be operated with only occasional staff activities and monitoring. The proposal indicates that the uses will be adequately served by provision of water by Berry at their field offices and carried in individual staff vehicles. Sanitary facilities are provided by portable toilets at numerous sites in the field per OSHA standards. The Application documents that the source of production water handled on the site is the non -tributary Williams Fork Formation. 7-106: Public Utilities No public utilities are required for operation of the facility. A natural gas powered generator will be installed on site. EXISTING INTERNAL DRIVEWAY 9 7-107: Access & Roadways The site is accessed from the site from County Road 215 via Garden Gulch Road, Garden Gulch Extension Road. The submittals include a waiver request regarding the roadway standards. Internal Circulation The Applicant's site plan shows internal circulation including a widened driveway off of the Garden Gulch Extension Road, a truck load out circulation area, and an access to the upper Gun Barrel Tank with a maximum grade of 10%. Internal circulation needs to maintain dust suppression and comply with air quality dust mitigation plans. Garden Gulch Extension and Garden Gulch Road The Applicant is requesting waivers for these roads in regard to the detailed assessment of the road pursuant to Policy 01-14 and from the roadway standards contained in the Land Use and Development Code. These sections of roadway typically carry more traffic, have wider travel lanes, more frequent drainage improvements, some sections with steeper grades, challenging terrain including some cliff sections, and slower speed limits. They are jointly used by several oil and gas operators in the area and maintained pursuant to agreements between the various users. These road sections are discussed in several sections of the Application including the Traffic Study, the Standards Section, the Waiver Section, and a collection of road access agreements, maintenance agreements, and road alignment information contained in the Access and Roadway Section of the Application. TYPICAL GARDEN GULCH EXTENSION ROAD SECTION 10 Based on the Application review and a site visit to the roadway Staff offers the following summary of issues and waivers requests. • The Garden Gulch Road is approximately 6 miles in length and the Garden Gulch Extension is estimated to be approximately 7 miles in length. • Access to the roadways is restricted by a security gate and a vehicle safety area at the base of the roadway. • The roadways generally maintain a two way cross section with a significant berm on the outside of the roadway (toward the slope) and a drainage swale along the inside of the roadway (adjacent to the cut slope). In a couple of narrow sections the berm is replaced by concrete "jersey barriers" and pull-outs are common in steeper or narrower sections. • Grades can be steep and turning radius at switch backs are generally widened and extended to accommodate large vehicles. • The road surface is reflective of active and ongoing maintenance with compacted natural material or gravel. No obvious surface issues such as ponding or ruts were observed. • Extensive storm water improvements are noted along many sections of the roadway including settlement ponds, culverts, and small areas for detention. • Where additional stabilization was warranted the slopes were stabilized through concrete application (shot-crete), soil anchors/bolts, retaining walls, and protective fencing. GARDEN GULCH ROAD SECTION 11 The Applicant represented that maintenance and assessment of required improvements/repairs of the roadway is ongoing and includes work by a number of professional companies including Rock Solid Engineering. The Application includes in the Standards Section an assessment of various safety related improvements and inspections. The Application also includes an Engineers opinion/assessment letter from Rock Solid Solutions signed by their professional engineer that the roadway system can and will continue to provide adequate access if properly maintained and is "very adequate" for the intended use of access to oil and gas sites. . In order to approve the Application waivers from the Roadway Standards (contained in Section 7-107) need to be approved for the Garden Gulch and Garden Gulch Extension Roadway sections. The Staff assessment is that waivers from standards in Table 7-107 are needed to address the following topics. • Minimum ROW Width: • Lane Width: • Shoulder Width: • Ditch Width: • Cross Slope: • Shoulder Slope: • Minimum Turn Radius: • Maximum Grade: Easement widths are set forth in roadway agreements. Most sections appear to meet standards. Varies Varies, often replaced with berm cross-section. Road is typically graded toward the inside/cut slope. Varies Need additional information to confirm compliance. General representation that grades exceed 10% The Traffic Study identifies the minimal amount of traffic associated with the proposed use and no additional improvements are recommended by the Study. 7-108: Natural Hazards The Application provides significant information on natural hazards including information on soils, landslides, rock fall, earthquakes and a detailed geologic hazard report. The geologic hazard report notes that landslides and debris flows could potential occur along the access road to the facility, but not at the facility itself. Some flooding potential was noted along the low portion of the access road but not the water storage site itself. The report indicates "Based on the available geologic information there is little or no expected impact to the facility resulting from geologic hazards." 7-109: Fire Protection The Application includes the Emergency Response Plan for the site. The Application was referred to the Grand Valley Fire Protection District and they provided comments that it "looks fine" and indicated no further requirements from the District. 7-201: Agricultural Lands With no new disturbed areas and with fencing in place and to be extended to include any new facilities no impacts on cattle grazing which occurs in the area are anticipated. 12 7-202: Wildlife Habitat Areas The Applicant has provided a wildlife habitat study completed by WestWater Engineering (WWE), dated June 2013 and revised March 2014. November 2012. The Study indicates that several threatened, endangered, or species of concerns have potential to be found in the project area including the Greater Sage Grouse. h '~ .4 . �'� � ,I APPLICANT'S SITE SOURCE: GARFIELD COUNTY GREATER SAGE -GROUSE CONSERVATION PLAN 7' -PARACHUTE F a r�l l ! Ai alyso& Area Boundary 1220.967 Ac ❑ 51M Lands i_.j Municipal Boundary ePrrolrty Habitat 31,010 Ac D USFS Lands 1 County Boundary General Habitat 28.0x3 Ac. E Private Lands Okrzr,i, Interstate �...f• State Highway The other species include the Northern Leopard Frog, Midget Faded Rattlesnake and the Townsend's Big Eared Bat, and several fish species in the Colorado River. No threatened or endangered or sensitive plan species or their associated habitats are 13 known to occur within the project area. No raptor nests were observed within a 1/4 mile radius of the site. The Colorado Parks and Wildlife referral comments indicated that they do not view the project as being overly detrimental to wildlife Habitat mapping from the Garfield County Greater Sage Grouse Conservation Plan indicates that the site is not within general or priority habitat. The Applicant's wildlife study indicates that "...sage grouse prefer vast, continuous sagebrush communities, and the Water Storage Tank Facility is located on a previously developed site in a drainage bottom where sagebrush is interspersed with mountain shrub communities". The WestWater Engineering report includes Protection of Habitat recommendations (dated June 2013) which should be included as conditions of approval. In regard to Greater Sage Grouse the report recommends deterrent devices to prevent use of structures as hunting perches, keeping speed limits low and adding signage warning of the presence Greater Sage Grouse. The report also includes recommendations on weed management and control which should also be included as conditions of approval. 7-203: Protection of Water Bodies The site location is adjacent to the House Log Gulch drainage just south of the site. The facility has an existing Spill Prevention Containment and Countermeasures (SPCC) Plan and storm water management — drainage plans which provide protection from impacts to water bodies or drainages. A copy of the SPCC Plan for the site has been provided. The Applicant's plans include several levels of containment should a leak occur. A condition of approval should require confirmation that the containment volumes are in compliance with all COGCC and EPA requirements. Additional specifics on the leak detection, leak warning, and monitoring well requirements should be provided including confirmation of compliance with all COGCC requirements including timing for monitoring well installation. 7-204: Drainage and Erosion (Stormwater) The Applicant has provided a copy of the State Storm Water Management Permit and Grading and Drainage Plans for the site. The Storm Water Permit includes re -seeding along with other Best Management Practices. Given the extensive existing cut slope on the site specific attention to reseeding and stabilization of slopes should be required. The permit and drainage plans include detailed structural BMP's for the site. 7-205 Environmental Quality The Air Quality section of the Application addressed the Fugitive Dust Control Plan. Additional air quality permits from the CDPHE will likely be required for a variety of improvements and equipment. Copies of the permits need to be provided for the County's records and to confirm compliance. 14 Storm Water Management Permits, Installation of Best Management Practices, SPCC Plans, and Reclamation and Erosion Control Plans address protection of water quality. 7-206: Wildfire Hazards The site is represented to be in a moderate wildlife hazard category. The Emergency Response Plan is included in the Application and has a section specifically addressing Fire Prevention. The site layout maintains an access road separation between the facilities and natural vegetation. The Emergency Response Plan includes direction to not allow weeds or grasses to grow or accumulate around equipment and facilities. 7-207 Natural and Geologic Hazards The NRCS Soils information and the Geologic and Soils Hazard Report contain information on soil types, limitations, local geology, and geologic hazards. No significant geological hazards affecting the site were noted. Based on the size and scale of the storage tanks engineered foundations should be required. 7-208: Reclamation The Applicant has included a reclamation plan that addresses re -vegetation and reclamation. Reclamation is covered by existing bonds with COGCC. 7-301 & 302: Compatible Design, Parking, and Loading The proposed use is consistent with and compatible with typical oil and gas exploration and production activities. Large areas of the site plan are available for parking, circulation, and loading activities. 7-303: Landscaping As an industrial use landscaping submittals and standards are not applicable to the proposal. 7-304: Lighting Lighting shall be limited to down directed, shielded and internally oriented fixtures in accordance with the County's lighting standards. 7-305 Snow Storage Adequate portions of the site plan are available for snow storage. 7-306 Trails Trails standards are generally not applicable based on the industrial use. 15 7-1001 INDUSTRIAL USE STANDARDS The Applicant represents that the facility will comply with all the Industrial Use Standards contained in Section 1001. The following summary addresses the applicable provisions. • The facility is located on a large tract of property in a remote area with setbacks well in excess of those required. • The site is effectively screened by topography, geographical features and distance. • All industrial products and wastes will be stored in accordance with all applicable state and federal regulations. • The Applicant represents that COGCC noise limits will be adhered to. Noise associated with the site was determined to be associated with the generator and pumps on site. The noise analysis indicates that the sound will be 45.1 db(A) at the closest property line which is 420 ft. from the noise generators. This meets not only the industrial use standard but also the residential standard of 50 dB(A). • No other nuisance or ground vibration hazards are anticipated based on type of use, existing operation, COGCC compliance, and the remote location. V. SUGGESTED FINDINGS FOR APPROVAL 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Berry Petroleum House Log Gulch Tank Farm is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoptions of conditions and granting of waivers from the roadway standards including road grades, easement widths, lane widths, and road cross section details, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. VI. RECOMMENDATION The following draft conditions are provided for the Board of County Commissioners consideration for approval of the Limited Impact Land Use Change Permit in conjunction with the suggested findings noted above. 16 That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. That the operation of the Berry House Log Gulch Tank Farm shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. That the Land Use Change Permit for the Berry House Log Gulch Tank Farm shall replace previous approvals for a Warehouse Facility/Storage Yard on that portion of the site covered by the proposed Tank Farm site plan. Adjacent storage areas currently operated by Marathon Oil and Gas under the existing permit shall remain subject to the previous approvals and conditions. Conditions Prior to Issuance 4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide copies of any current air quality permits from CDPHE and a summary of future permits to be required. Copies of future permits shall be provided to the County upon issuance by the CDPHE and the Applicant shall maintain compliance with all air quality permitting requirements. Prior to issuance of the Land Use Change Permit, the Applicant shall provide clarification of the vapor skimmer and/or floating ceiling vapor mitigation installations planned for the water storage tanks. Said clarification shall include the system to be used and whether CDPHE air quality permits will be required. Copies of any CDPHE permits shall be provided to the County upon issuance. 5. Prior to the issuance of the Land Use Change Permit the Applicant shall provide an updated weed management plan for review and approval by the County Vegetation Manager. A follow-up site visit by the County shall be a component of the updated weed management plan. 6. Prior to issuance of the Land Use Change Permit the Applicant shall provide documentation confirming that the containment improvements and volumes are in compliance with COGCC and EPA regulations. The Applicant shall maintain compliance with all SPCC Plan provisions 7. Prior to the issuance of the Land Use Change Permit the Applicant shall provide a detailed update on the status of the current re -vegetation and stabilization of the site demonstrating compliance with the current approvals. The Applicant shall comply with all re -vegetation, stabilization and reclamation representations contained in the Applicant including the steep cut slopes north of the water storage tanks. 17 Other Conditions 8. Compliance with all COGCC leak detection, monitoring well, and high level monitoring/alarms shall be required. Copies of the COGCC Form 28 approvals shall be provided to the County upon issuance by COGCC. Monitoring wells stall be installed in accordance with COGCC timing requirements and testing shall include the two springs in the vicinity of the site if accessibility and production allows for testing as noted in the Application submittals. 9. A waiver is granted from Section 7-107 Roadway Standards for the access roadways serving the site based on compliance with the waiver criteria contained in Section 4-118, the representations contained in the Application including but not limited to Access and Roadway submittals, Section 7-107 Standards Analysis, and the statement by a qualified professional engineer (Rock Solid Solutions) confirming the adequacy of the Garden Gulch and Garden Gulch Extension sections of the access roadways. 10. Engineered foundations shall be required for the water tank installations. Applicants shall obtain building permits from Garfield County for buildings, structures, and fences as required by the County Building Department. 11. The facility shall maintain compliance with CDPHE Storm Water Management Permits, Drainage and Grading Plans, and Reclamation Plans for the site. 12. The facility shall maintain compliance with COGCC Noise Standards/Regulations including noise impacts at the closest property line. As represented the Applicant shall utilize an electric powered pump to minimum noise impacts. 13. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and doward toward the interior of the site. Facilities and storage tanks shall be painted a non -glare neutral color to lessen any visual impacts. 14. The Applicant shall comply with the recommendations and Best Management Practices contained in the WestWater Engineering Protection of Wildlife Habitat Areas Report, dated June 2013. Compliance shall include but is not limited to installation of deterrent devices to prevent raptors from utilizing structures on site as hunting perches, speed limits and notification signs for Greater Sage Grouse awareness, wildlife friendly fencing standards, removal of garbage and food items on a daily basis or use of bear proof containers, and noxious weed prevention practices. 15. The water storage tanks shall be limited to use by Berry Petroleum and it's facilities within the Piceance Basin area of Operations as represented in the Application Submittals. Water shall be transported to the site primarily by pipeline as represented in the Application. 18 ADDITIONAL VIEWS OF THE SITE 1 19 House Log Gulch ADDITONAL VIEWS OF THE ACCESS ROADS • •• 20 21 22 MOUNTAIN CROSS r August 25, 2014 Mr. Glenn Hartman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 ENGINEERING, INC. Civil and Environmental Consulting and Design RE: Review of Housc- Log Gulch Tank Farm: LPA -7934 Dear Glenn: EXHI BIT t 7 This office has performed a review of the documents provided for the Limited Impact Review Application of Berry Petroleum for the House Log Gulch Tank Farm. The submittal was found to be thorough and well organized. The following comments were generated: 1. 'The Applicant proposes to use a gas powered generator to provide electricity; the generator is to be sized later. The noise study is based on an estimated sound level that may or may not be accurate. 2. The final tank configuration proposes 3, 130,000 bbl tanks. The Applicant metnions that there will be primary, secondary, and tertiary containment. The Applicant should address the volumes of each of these containments compared with the tanks to be contained and discuss how the three tanks will be connected. 3. The Applicant should provide the steepness of the Gun Barrel access road grades, 4. The diameter of the tanks provide an impervious surface area greater than 10,000 square feet. The Applicant should provide a discussion on how the criteria of section 7-204.C. of the ULUR is addressed and provide supporting calculations. Feel free to call if you have any questions or comments. Sincerely, Mountai Cross Engine 4r1ing,Inc. Hale, PE 826'/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Glenn Hartmann From: Wyatt Keesbery Sent: Monday, August 25, 2014 8:08 AM To: Glenn Hartmann Subject: Berry House Log Gulch Tank Farm Glenn, Road and Bridge Has no issues with the tank farm. Wyatt Kee4bory Garfield County Road & Bridge District Foreman 0298 C.R. 333A Rifle, Co. 81650 Office: 970-625-8601 Cell: 970-309-6073 1 EXHIBIT I 8 EXHIBIT Garfield County Vegetation Management August 26, 2014 Glenn Hartmann Garfield County Community Development Department RE: Berry House Log Gulch Tank Farm LIPA-7934 Dear Glenn, The noxious weed map included in the Wildlife and Vegetation Impact Analysis section is acceptable. The map (see attached) notes the county -listed noxious weeds; houndstongue and plumeless thistle as being located in the disturbance area. The treatment prescribed in the Noxious Weed Management Plan is unacceptable. Plumeless thistle rosettes (first year plants) should be treated this summer or early fall. Staff would like to schedule an on-site visit with the applicant to review their weed management efforts as a condition of approval for this permit. Reclamation for this project is under the jurisdiction of the Colorado Oil and Gas Conservation Commission. Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970.625-5939 097W Figure 1 Berry Petroleum Company Water Storage Tank Facility Biological Survey Raptors and Noxious Weeds nWestWater Engineering Consulting Enginws & Scientists 0 150 app MWrs June 2013 r•; C 3• Legend O Common mullein • Houndstongue Plumeless thistle 400 Meter Raptor Survey Area Disturbance Area - County Road BLM Garfield County 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Glenn Hartmann Public Health August 28, 2014 Hello Glenn, My comments for the Berry House Log Gulch Tank Farm are as follows: EXHIBIT ID 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 1. Air Quality: a. As outlined in the project summary and in the nuisance conditions section, Berry must provide the Community Development Department a copy of their Air Pollution Emission Notification (APEN) or permit, depending on their estimated emissions, upon obtaining it from the CDPHE Air Pollution Control Division. b. We appreciate Berry's commitment to implement BMPs that reduce air emissions and request that they continue to use those measures at this operation. c. Finally, we are also glad to see the use of tanks rather than open pits and encourage their use at other operations. 2. Water Quality: a. As noted in the Groundwater and Aquifer Recharge Areas section of the Impact Analysis, there is shallow groundwater in the area and below the site itself. Public Health requests that Berry take note of this in the event of a spill to prevent seepage into groundwater. Thank you, ?.1 filetivdh- Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 r Garfield County Public Health Department — working to promote health and prevent disease Glenn Hartmann From: Hoyer - DNR, Scott [scott.hoyer@state.co.us] Sent: Tuesday, August 26, 2014 10:49 AM To: Glenn Hartmann Subject: LIPA - 7934, Berry House Log Gulch Tank Farm Dear Mr. Hartmann, EXHIBIT 1 11 Colorado Parks and Wildlife has reviewed the land use request for the Berry House Log Gulch Tank Farm which is to be located northwest of Parachute, CO. This project will occur in an area that has already been extensively developed for natural gas production. While there will be additional cumulative affects to wildlife associated with the construction and operation of the tank farm, CPW does not view the project as being overly detrimental to wildlife.. We urge the operator to follow the BMP's listed in the project description to avoid or mitigate impacts to wildlife and habitat. Thank you for allowing CPW to comment on this project. Please contact me if you have any questions or concerns. Sincerely, Scott Hoyer District Wildlife Manager, Parachute 1 0R, f41\% .1cs aflovrxcheutecf EXHIBIT 11- A- Safi. ?tate to Lam{ Stuart S. McArthur, Town Manager 2 2 2 Grand Valley Way • Parachute, CO 8 1 6 3 5 • • Pa 2 8 5- 7 6 3 0 August 7, 2014 Garfield County Building and Planning Department ATTN: Glenn Hartmann 108 8th Street, Suite 401 Glenwood Springs, CO 81601 SUBJECT: BERRY PETROLEUM ET AL APPLICATION FOR WATER IMPOUNDMENT The purpose of this letter is to respond to your Referral Form dated August 5, 2014, for File Number LIPA- 7934. The Town of Parachute has no issues regarding granting this application. If you have any additional questions or concerns, please contact me at 970-285-7630. Sincerely yo Stuart S. McArthur Town Manager SSMC 11Page Glenn Hartmann From: Franco - DNR, Ivan [ivan.franco@state.co.us] Sent: Friday, August 15, 2014 11:43 AM To: Glenn Hartmann Cc: Alan Martellaro - DNR; Ben Krause - DNR; Kevin Rein - DNR Subject: Berry House Log Gulch Tank Farm Mr. Hartmann, EXHIBIT 1 /3 This office has reviewed the proposal to construct a tank farm water storage facility at an existing drilling site in Garfield County. The site is jointly owned by a number of oil and gas companies and would include 3 tanks, each 130,000 bbl in size, along with additional supporting infrastructure. No potable water will be provided at the facility and sanitary services will be handled by portable toilets. A watering system is not required to maintain any proposed planting. The water stored at the tank farm would be generated from natural gas wells, the source of which would be the non -tributary Williams Fork Formation. Pursuant to the Produced Nontributary Ground Water Rules the Williams fork Formation is shown to be non - tributary. Therefore, non -CBM well's producing non -tributary ground water are not subject to administration in the prior appropriation system and may operate without a plan for augmentation or a substitute water supply plan. These wells are not required to be permitted so long as the water is used only by the operator in the same geologic basin to facilitate or permit the mining of minerals. If, however, a non -CBM well produces tributary ground water that impacts an over -appropriated stream, the well must operate only according to a water court -approved plan for augmentation or a substitute water supply plan approved pursuant to 37-92-308(4) or 37-92-308(5). This office has no objection to the application. The applicant should refer to the Produced Non -Tributary Ground Water Rules and the Well Permits and Substitute Waters Supply Plans Submittal Process Memorandum dated 3/24/2010 for further guidance. If you or the applicant have any questions please contact me at this office. Sincerely, Ivan Franco, E.I.T. Water Resources Engineer U P 303.866.3581 / F 303.866.2223 1313 Sherman Street, Room 818, Denver, CO 80203 ivan.franco@state.co.us / www.water.state.co.us i Glenn Hartmann From: Kirby Wynn Sent: Friday, August 22, 2014 6:22 PM To: Glenn Hartmann Cc: Kirby Wynn Subject: Referral: LIPA-7934 Berry House Log Gulch Tank Farm Glenn, EXHIBIT I /14# Thank you for the opportunity to review this application. This application proposes to place 3 very large (130,000 bbl) tanks on the site to be used as a sole -operator Centralized E&P waste management facility. Do not have the expertise to evaluate construction design and engineering. Site seems appropriately located near existing, extensive oil and gas facilities for this sort of facility—rural area with minimal potential to nuisance nearby residents. I have no further comments on this application. In a separate email I have forwarded the COGCC Form 2A application material to you and Tamra Allen for your reference. I noted on that application that a County permit is of course required for this volume of tankage to ensure COGCC knows of this requirement. Kirby Wynn Oil and Gas Liaison Garfield County 1 Glenn Hartmann From: Rob Ferguson [opschief@gvfpd.org] Sent: Monday, September 08, 2014 7:21 AM To: Glenn Hartmann Subject: Lindauer Yard Mnor Sub. Hi Glenn, EXHIBIT 1 is Sorry about missing getting anything to you on the Lindauer lay down yard. We have been swamped with a new reporting system and trying to get it implemented. I don't have any comments or requirements on this lay down yard. It is pretty basic and simple. Also I noticed I had Berry House Log Gulch Tank Farm. This one looks fine as well and there isn't any further requirements from the Fire District. Sorry once again for not getting something to you on these. Take care and let me know if there is anything else you may need. Rob Ferguson Deputy Fire Chief Grand Valley Fire Protection District 0124 Stone Quarry Road Parachute, CO 81635 Office 970-285-9119 Fax 970-285-9748 opschief@gvfpd.org 1 Samuel Engineering We Provide Solutio!,, EXHIBIT 8450 East Crescent Parkway, Suite 200 Phone: 303.714.4840 Greenwood Village, CO 80111 FAX: 303.714.4800 October 18, 2013 Berry Petroleum Company House Log Tank Facility SE Project No. 13041-01 RE: Secondary Containment for Produced Water Earthen Berm vs. Concrete Wall Construction With respect to the Berry Petroleum House Log Tank Farm, an Earthen Berm will be used as Secondary Containment for the Produced Water Storage Tanks. The Earthen Berm was selected over the use of a Concrete Retaining Wall. This letter is to confirm that the Earthen Berm is adequately designed to prevent the release of the contaminated water in the event of a tank failure as well as a Concrete Retaining Wall. The Earthen Berm has substantially more mass to resist the hydrostatic pressures of the water. The minimum width of the base of the berm will be 24 feet, (5.3 - ft. depth, a 3 -ft. bench or shelf and 2H : 1V side slopes). An impermeable liner, (either spray -on or geotextile lined bentonite), will be installed on the containment floor and to the top of the berm. This will prevent seepage through or below the bottom of the berm reducing the risk of failure. The primary concern with either wall construction type would be long term settlement. Due to the site conditions and the bedrock near grade, this is not a major concern for the House Log Tank Farm Project. Similar to the Concrete Wall, the strength of the Earthen Berm will be contingent on the construction methods and quality control during compaction. This has been clearly noted on the Issued For Construction (IFC) drawings. It is critical to properly prepare the foundation of the berm, utilize quality soils and compact the soils in lifts as directed by a qualified geotechnical engineer. The Earthen Berm will require periodic maintenance and inspection over time. A geotextile on the non -containment side of the berm is recommended to control erosion and aid in the growth of erosion controlling vegetation. This will also discourage animals from burrowing into the Berm. Periodic maintenance and inspections will also be necessary to insure the integrity of a concrete wall after construction. 16 Samuel Engineering We Pruvale 50utians 8450 East Crescent Parkway, Suite 200 Phone: 303.714.4840 Greenwood Village, CO 80111 FAX: 303.714.4800 The design at this site will utilize a primary containment system around the tanks to capture any minor leaks with a capacity of 39,500 barrels. The full capacity of the primary and secondary containment is 176,400 barrels of produced water. For containments of this size containing Class IIIB liquids, it is common practice to use earth berms. The floor of the secondary containment slopes away from the berm. All storm water will be pumped into the produced water tanks after a storm event. Therefore the berm will only be required to retain water if a tank has a catastrophic failure. Mark A. Skelskey, P