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HomeMy WebLinkAbout4.0 Conditions and CorrespondenceGIenn Hartmann From: Sent: To: Subject: Chris Hale <chris@mountaincross-eng.com> Wednesday, May 04,20L6 4:49 PM Glenn Hartmann RE: Ursa Battlement Mesa PUD Temporary Surface Pipeline PDAP-03-1-6-8429 Glenn: The following additional information has been reviewed. All previous comments appear to have been addressed. No additional comments were generated. Call or email any questions or comments. Thanks. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, P.E. 8261/2 Grand Avenue Glenwood Springs, CO 81601 Ph:970.945.5544 Fx: 970.945.5558 From: G lenn Hartmann [ma ilto:gha rtmann@garfield-county.com] Sent: Monday, May 02,2OL6 4:56 PM To: Chris Hale <chris@mountaincross-eng.com> Subject: FW: Ursa Battlement Mesa PUD TemporarySurface Pipeline PDAP-03-16-8429 Hi Chris: Thanks very much for you follow-up comments on the Ursa Temporary Surface Pipeline. They were forwarded to the Applicant and they have provided additional details for our consideration. ln general the details provide clearer representations and closure on key questions. I wíll call to discuss a couple of their responses where we are relying on their representations. Thanks. Glenn. Glenn Hartmann, Senior Planner Garfield County Community Development 970-945-1377 xl57} gha rtma nn @ga rfield-co u ntv.com From: Tilda Evans [mailto:tevans@olssonassociates.com] Sent: Monday, May 02,2OL6 3:47 PM To: Glenn Ha rtma nn <ghartmann @garfield-countv.com> Cc: Cari MasciolicCMascioli@ursaresources.com>; Rob Bleil <rbleil@ursaresources.com> Subject: Ursa Battlement Mesa PUD Temporary Surface Pipeline PDAP-03-16-8429 Glenn, Attached is Ursa's response to your emails from this morning. I hope that this answers all your questions and allows the permit to be placed on the May 9 consent agenda. Glenn Hartmann From: Sent: To: Chris Hale <chris@mountaincross-eng.com> Saturday, April 30, 2016 3:59 PM Glenn Haftmann RE: Ursa Battlement Mesa PUD Temporary Surface Lines COA ResponseSubject: Glenn I have reviewed the attached additional submittals concerning the Ursa Temporay Surface Line I have the following additional questions: Concerning the response to #2: The Applicant should provide the DR of the pipe proposed to be used Concerning the response to #5: The Applicant proposes to use unrestrained HDPE pipe that has bends and an easement that it needs to be within. An estimate for thermal expansion/change in length is f. inch for every 10 degrees of Fahrenheit per L00 feet of pipe. The pipe is proposed to be in place for no more than three years. Over the course of a year the temperature could vary by as much as L00 degrees. A straight run of 3000 feet could deflect a bend by 25'. The proposed easement is 25'. Additionally the thermal expansion puts a significant force at pipe bends, f¡ttings, and in this case could be exerted on the existing culverts. The response of the Applicant should be expanded and explain further how the weight and the gently slopíng terrain overcomes the thermal expansion forces and the potential for trespass outs¡de of the easement. Concerning the response to #6: The wetland evaluation anticipated a different alignment than is proposed. The wetland evaluation will need to be expanded to include the areas of the pipeline not previously evaluated. Additionally, the wetland evaluation anticipated that the pipe would be bored in locations to avoid wetlands. Now the pipelíne is proposed to be installed on the surface through culverts presumably in or around the wetlands that were proposed to be bored beneath. The Applicant will need to have the wetland evaluation updated to verify that the culvert and the drainages that they drain do not contain wetlands. Concerning the response to #7: The Applícant should expand on the reasons why no surface disturbance is expected for the length of pipe to the north of CR302 and additionally why the this length does not need to be included in the WWE report. Feel free to call or email with any questions or comments. Thank in advance Sincerely, Mountain Cross Engineering, Inc. Chris Hale, P.E. 8261/2 Grand Avenue Glenwood Springs, CO 81601 Ph: 970.945.5544 Fx: 970.945.5558 From: Glenn Ha rtma nn [mailto:gha rtma nn @ga rfield-county.com] Sent: Friday, April 29,20761:03 PM To: Chris Hale <chris@mountaincross-eng.com> Subiect: FW: Ursa Battlement Mesa PUD Temporary Surface Lines COA Response 1 Hi Chris: Here is the latest from Ursa. Sorry that we didn't connect today. I hope we can speak on Monday morning if possible. Thanks. Glenn Glenn Hartmann, Senior Planner Garfíeld County Community Development 970-945-1377 xL57O gha rtma nn@garfield-county.com From: Tilda Evans [mailto:tevans@olssonassociates.com] Sent: Friday, April 29,2OL6 L2:22PM To: Glenn Ha rtma nn <ghartmann@garfield-countv.com> Cc: CariMascioli<CMascioli@ursaresources.com>; Rob Bleil<rbleil@ursaresources.com> Subject: Ursa Battlement Mesa PUD Temporary Surface Lines COA Response Glenn, Attached is Ursa's response to the COAs for the Temporary Surface Lines. The response inc,ludes a copy of our original response to Chris Hale's comments and a copy of an email from Michael Erion, Parachute's consulting engineer, regarding the watershed permit. Please let us know as soon as possible if you have any questions. We would like this to be on the May 9 consent agenda. Have a great weekend Tilda Evans I Land Development I Olsson Associates 760 Horizon Drive, Suite 102 | Grand Junction, CO 81506 ltevans@olssonassociates.com TEL 970.263.7800 | DTRECT 970.263.6015 | CELL 970.683.88791 FAX 970.263.7456 O4.olssoN* e550ctÂTEsllEr#ilFañ@!Ë@ Iltrffi & gfi ftease cansider lhe environment before printing this e-mail. 2 O&oLssoN* Re ASSOCIATES May 2,2016 Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Ursa Special Use Permit for a Temporary Surface Pipeline within the Battlement Mesa PUD PDPA-03.16-8429 Dear Glenn, This letter provides the additional information you requested in your email dated May 2,2016 for the above mentioned Special Use Permit that was approved by the Garfield County Board of County Commissioners April 18, 2016. 3. Prior to issuance of the Special Use Permit, the Applicant shall provide updated technical information to address the referral comments from the County's Consulting Engineer, Chris Hale dated April 7, 2016. Additional information requested by Chrís Hale. Response: See attached letter specifically addressing Garfield County's Consulting Engineer's referral comments. 4. Prior to the issuance of the Special Use Permit, the Applicant's representations for monitoring of the pipeline during operation shall be included in the operations plan for the pipeline and attached as an addendum or supplement to the Emergency Response Plan for the pipeline. The Applicant shall comply with all provisions of the SPCC Plan including spill response and clean-up. The purpose of the first part of the condition is to ensure that your representations regarding monitoring are not just parÍ of your Application representations but that they be included in an operations document. Perhaps a memo or email could clarify how that is accomplished. ln regard to the second portion of the condition, an edit to the Emergency Response plan or an addendum/memo to said plan clarifying monitoring provision and including reference to 760 Horizon Drive, Suite 102 Grand Junction, CO 81506 TEL 970.263.7800 FAX 970.263.7456 www.olssonassociates.com Ursa Operating Company PDAP-03-16-8429 Page 2 May 2,2016 the Spill Prevention and Management Plan would meet the condition. Currently the SPCC plan is referenced. Response: The documents and descriptions included in the application for the temporary surface pipelines taken as a whole make up the operating plan for the pipeline. The monitoring plan for the pipeline is not included in the Emergency Response Plan (ERP), because the ERP documents the steps to take if an emergency occurs. A copy of Ursa's water transfer procedure from their Yater Pad to their Watson Ranch B Pad is included as a sample procedure. Similar procedures will be written for the temporary surface pipelines prior to the pipelines being put into operation. Uróa will comply with provisions of Ursa's Spill Prevention and Management Plan as applicable to pipelines. Ursa's plan integrates all applicable state and federal regulations regarding spill prevention, containment, and response into our regulatory, environmental, and health and safety plans and programs. The Emergency Response Plan has been revised to document compliance with the Spill Prevention and Management Plan (SPMP) rather than the SPCC, which is a part of the SPMP. 6. Prior to the issuance of the Special Use Permit, the Applicant shall obtain a Watershed Protection Area Permit approvalfrom the Town of Parachute. Based on emails from the Town of Parachute we understand the Watershed Protection Area permit is in the process of being signed. We will need to have the signed permit prior to signing/issuing your land use permit. Response: The signed Watershed Permit is included with this letter. Thank you for your assistance with obtaining this permit. Please let us know if you have any further questions. Sincerely, {fÅ"- 6,t0,*r Tilda Evans Assistant Planner Attachments: Response to Consulting Engineer's Review Comments, dated May 2,2016 Sample Water Transfer Procedure Revised Page 19 of Emergency Response Plan Town of Parachute Watershed Permit cc Ursa Operating 1 6-05-02_COA Response. Docx OqolssoN* Re: ASSOCIATES May 2,2016 Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Response to Garfield County Consulting Engineer Referral Comments PDPA-03-16-8429 Dear Glenn, This letter serves to answer Chris Hale's additional comments of April 30, 2016 for the above mentioned Special Use Permit that was approved by the Garfield County Board of County Commissioners April 18, 2016. 2. The Applicant should provide the DR of the pipe proposed to be used. Response: The pipe will be 10" HDPE, DR7 and DR9. The lower portion of the line is DR7 to accommodate the higher hydrostatic pressure. 5. The Applicant proposes to use unrestrained HDPE pipe that has bends and an easement that it needs to be within. An estimate for thermal expansion/change in length is 1 inch for every 10 degrees of Fahrenheit per 100 feet of pipe. The pipe is proposed to be in place for no more than three years. Over the course of a year the temperature could vary by as much as 100 degrees. A straight run of 3000 feet could deflect a bend by 25'. The proposed easement is 25'. Additionally the thermal expansion puts a significant force at pipe bends, fittings, and in this case could be exerted on the existing culverts. The response of the Applicant should be expanded and explain further how the weight and the gently sloping terrain overcomes the thermal expansion forces and the potential for trespass outside of the easement. Response: The pipeline is not laid out completely straight within the easement to allow for expansion and contraction to occur and not move the pipeline outside of the easement. lf required, Ursa will install t-posts or equivalent to keep the temporary surface pipeline in place. There will not be any pipe bends fittings along the pipeline that will have significant forces placed on them. The distance that the pipeline goes through culverts is only the width of the roadway that the culvert crosses. 760 Horizon Drive, Suite 102 Grand Junction, CO 81506 TEL 970.263.7800 FAX970.263.7456 www.olssonassociates.com Ursa Operating Company PDAP-03-16-8429 Page 2 May 2,2016 6. The wetland evaluation anticipated a different alignment than is proposed. The wetland evaluation will need to be expanded to include the areas of the pipeline not previously evaluated. Additionally, the wetland evaluation anticipated that the pipe would be bored in locations to avoid wetlands. Now the pipeline is proposed to be installed on the surface through culverts presumably in or around the wetlands that were proposed to be bored beneath. The Applicant will need to have the wetland evaluation updated to verify that the culvert and the drainages that they drain do not contain wetlands. Response: lt is important to note that there are two separate projects being referenced. The WWE report was originally written for the Battlement Mesa PUD Phase I pipeline, not this project. The Phase I Pipeline will be buried as represented in the WWE report. The recycled water portion of the temporary surface pipeline runs within a portion of the Phase I easement that runs along County Road (CR) 302. The Phase I pipeline has bore locations under a wetland to the west and outside of the proposed temporary surface pipeline project area. No wetlands are located in the area of the temporary surface pipeline. The only bore location for the Phase I pipeline located along the temporary surface pipeline route is under CR 308 on the south side of CR 302. The temporary surface pipeline will go through the culvert in this location at the request of Garfield County Road and Bridge. Road and Bridge has determined that there are no wetlands that will be impacted by going through the culvert at this location. According to Road and Bridge, the culvert on the north side of CR 302 handles the majority of the potential runoff in this area. No bores are required for the temporary surface pipeline. As noted in the Community Development staff report, no live streams are located in close proximity to the alignment. The area where the freshwater pipeline is located north of CR 302 is characterized as pinyon juniper woodlands dominated by Utah juniper and intermixed with sagebrush and grasses. No wetlands will be impacted. 7. The Applicant should expand on the reasons why no surface disturbance is expected for the length of pipe to the north of CR302 and additionally why the this (sic) length does not need to be included in the WWE report. Response: The WWE report was originally written for the Battlement Mesa PUD Phase I pipeline, not this project. The letter provided by WWE referred to the longest portion of the surface pipeline which runs along CR 302 and is located on a portion of the easement that will be used for the Phase I Pipeline that will be buried. There will be no surface disturbance for any part of the pipeline (freshwater or recycled water sections), because the pipeline is on the surface, not buried or bored. Thank you for your assistance with obtaining this permit. Please let us know if you have any further questions. Sincerely, 6,10.*?- Tilda Evans Assistant Planner 1 6-05-02_Engineer Response. Docx Yater to Watson B (Ursa) *Check before starting pump 1. Fill out JSA and go over procedure with all MCS hands 2. Make sure all hands have working radios and know how to use them 3. Check all fluids in pumps *Check off before introducing fluid into system Yater 1. Check that QC route is set 2. Open Y2 Return 3. Open Y5 suction, Y6, Y7, Y8 4. Open discharge 5. Close Y4 6. Open 6 valves on lower manifold 7. All other valves closed and capped Watson A Valve Set t. Open Yater Return [Red] 2. Close Yater Supply [Blue] 3. Close Monument Return [Red] 4. Close Monument Supply [Blue] 5. Watson A Return and Supply Always Closed 6. Open Watson B Return [Red] 7. Close Watson B Supply [Blue] Watson B L. Open WBl Return 2. Open WB4 for south bank of tanks 3. Open WB3, WB7 for north bank of tanks 4. Open 6 hoses top manifold 5. All other valves closed and capped Any Questions and or changes call/Bob Swim - 216-3815 or Shane Wing640-2494 ffiunsa,åTWdr" EMERGENCY ACTION PLAN AND WIDLFIRE MITIGATION Revision 01 02-MAY-1e Ensure all other equipment or switches are turned off to prevent possible damage to equipment from power surges when power is restored. Notify the supervisor in charge of your actions due to the power failure. After the power has been restored, check your area and report any equipment or other damage to your supervisor. Verify that all electronics are up and running, and report any discrepancies. 8.2.9 Material or Chemical Release and/or Soills Actions in the event of a spill of petroleum products or toxic materials, including condensate and process water, will be provided in Ursa Resource's Spill Prevention and Management Plan for the Battlement Mesa Site. Notify all employees and other appropriate personnel of the spill and any chemicals involved. All employees will comply with the Company's personal protective equipment policy for any chemicals they are using or to which they may be exposed at the Site in the event of a spill. 8.2.10 Medical Emerqencies While all employees are responsible for immediate action in response to a medical emergency, no employee is required to provide first aid for which he or she has not been trained or if uneasy about doing so. Occasionally accidents will happen where individuals, including the victim, will assume that no injury has occurred and that no medical attention is required. lf symptoms become evident later, an lncident Report needs to be filled out and turned into the supervisor on duty. The injury incident will then be investigated and analyzed for root causes to mitigate or eliminate hazards that led to the incident. Different procedures for varying degrees of medical emergencies shall be utilized by site personnelwhen responding to a medical emergency. 8.2.10.1 Life Threatening EXAMPLES: Unconsciousness, inability to move, potential spinal injuries, seriously broken bones, uncontrollable bleeding, heart attack, stroke, inability to breath, etc.. Do not move the victim unless he or she is in a life-threatening situation or environment. Render first aid applicable to your training and abilities.. Call for emergency help and reference the emergency phone numbers listed herein. lf necessary, send someone to meet emergency personnel and bring them to the victim's location.. Notify supervisor immediately and report the following: - Name of victim. - Date and time of injury. - Description and/or circumstances of the injury. - Brief summary of what happened and include actions taken as a result. - Names of witnesses. - Conditions of the site or location of injury. - Need for lncident Report Form. Ursa Resources Group, ll PAGE 19 of 35 BEFORE THE BOARÞ OF TRUSTEES OF THE TOWN OF PARACHUTE, COLORADO CONCERNING THE APPLICATION FOR A WATERSHED DTSTRICT PERMTT FOR THE CONSTRUCTION AND OPER,ATTON OF THE BAÏTLEMENT MESA SURFACE PIPELTNES FINDINGS OF FACT, CONCLUSIONS OF LAW AND APFROVAL OF WATERSHED ÞTSTRICT PERMIT NO . 2T16.2 URSA OPERATTNG CCIMPANY, LLC I. BÂCKGROUNDffi L In Aprif 2016, uRsA operating company, LLc ("uRsA" or the ,.Applicant") applied to the Town of Parachute (the "Town") for a watershed district permir for the gãtthment Mesa PUD Surface Pipelines and related facilities within Town of Parachutc's Watershd in lownship 7 South, Range 95 lVsst Sections I and 17 involving the conshuction and operation of lesh and tre.aled recycled surface water pipelines (the '*Activity" or the '-Project"). The Activity is located within five (5) miles of the Town's springs and Colorado River water intake shucture within the Ïown's lV¡tershcd District jurisdiction and the applicatiûn was submit¡sd pursuant to Town of Parachute Ordinance No. 492, codified in Ârticle g of Chapter 15 of the par¿chute Municipal Code {"PMC"). 2. For the purposes of :his permit (the '?ermit"), the application shall consist of the wate¡shed permit application entitled Special Use Permit and Pipeline Development Permit, Battlement Mesa PUD Teinporary Surface tines, OarFreld County, Urra's Spill prevention Conuol and Counter Measurc PIan, Stormwater lvlanagement Plan and Emergency Response plan, and all correspondeuce and materials submitted to the Town by the Applicant or its agørts and reprösentatives with this application and subsequent thereto, as well as all representations, whether oral or written, made as part of the application, These items shall be collectively referred to herein as the 'Application". 3' Any and all other permits issued or to be issued by county, st¿te andlor federal agencies in relation to the construction and operation ofthe Project are incorporated hereín by this reference. 4. Following his review of the Application, Michael Erioru P.E. with Resource Engineering, Inc. Consulting Professional Engineer for the Town, found ín his lener dated April 29,2016, attached hereto as Exhibit A and incoqporated herein by this reference, that t}e Activity should not impact the Town's waterworts or pollute the Town water due to the limiæd surface disturbance, the distance of the Activity from the Colorado River and thç nature of the water conveyed through thc pipelincs. Therefore, the Project is classified as 'No Impact" under the PMC $e.r5.0s0(BX4). ¡I ì i ! ¡. t II Ii : I ¡ i: I Town of Parachute, Colorado Watershed District Permit No, 2016-2 Ursa Operating Company, LLC Page 2 of3 n. FIN4INGS or {d\cr 5. The Project is wÍthin the de{ïned boundaries of the Town's Watershed Þisgicr as defined in PMC $ 9.15.020, specifically within five (5) miles of the Town's springs and Colorado River water intake stn¡cture. The proposed Activity includes the construction ¿nd opÕration of 325 feet of fresh water surface pipeline and 7,900 of treated recycled watçr surface pipeline and relat€d facilities. Due to the location and nature of the Project, it is classified as 'No Impact" pursuant to the PMC. The Application filed by URSA is complete. URSA has paid the application fec required under PMC $ 9.15.050. uI. co¡.Íc¡,u,sJol!Ç p,*[ tAlv ANq lssgAN.cE o.a¡pERMrr The foregoing Findings ofFacts are íncorporated herein by referenca The Town has jurisdiction ov6r the proposed activiry pursuant to PMC $ 9.15.020. 10. The Town hereby determines thatthis decision shall constitute a lVarershed Disüict Permit for the qonstruction and operation of 325 fcet of frssh uater surfâce pipeline and ?,900 of teated recycled water surface pipeline and relaæd facilities, as described more firlly in the Application. All represenlations, whether oral or written, made by the Applicant andlor its rgents as pârt of the Appliçafion shall be conditions of approval of the Pernrit. I1. All conditions of approval contained within anypennit íssued to the A,pplicant by any county, state ard/or federal ¡rgency shall be deemed conditions of approval of this Pennit. Any violation of the conditions of any other suchpermit issued to the Applicant shall be deemed a violation of this Permit subject to all of the remcdies provided forherein. 12. The Notice information for the holderof the Permirs shall be: Ursa Operating Company, LLC 1050 lTth Streer, Suite 2400, Denver, Colorado 80265 Office (720) 508-8350 tt Piceance Field Office 792 Buckhorn Drive, Rifle, CO 8ló50 office (970) 6?5-9922 6. 7. 8. 9. Town of Parachute, Colorado Watershed District Permit No. 201 6-2 Ursa Operating Company, LLC Page 3 of3 13. Pursuanl to PMC $ L15.050(7), Applicanr shall reimburse rhe Town for all outside professional services, including but not limited to engineering, legal, consulting, publication and copying fees associated with the review of the Application, and inspection and enforcement of the Permit following issuance. 14. This Permit shall not be effective until approved by the Town and agreed to and by Applicant. Dared this Zu!-auy of . ItAAV . _,20t6. COLORADO By ATTEST: Town of Parachute rü/atershed District Permit No. 2016-2 accepted and agreed to this ¿-day of r.r +rz URSA OPERATINT COMPANY, LLC By Title:v EXHIBIT A IlffiFTESOURCEIT:IIE N (¡ IN E E Fq I N G IN G Sluart S. McArthur, Town Manager Town of Parachute PO Box 100 222Grand ValleyWay Farachute CO 81635 April29, 2016 James S. Neu, Esq. Karp Neu Hanlon, P.C. PO Box 2030 Glenwood Springs CO 8f 602 RE: Ursa Operating Company LLC Watershed Permit Application Review for Temporary Surface Water Pipeline Dear Stuart and Jim At the request of the Town of Parachute, Resource Engineering, lnc. (RESOURCË) reviewed the Watershed District Permit Applicalion for the Temporary Surface Water Pipeline applied for by Ursa Operating Company LLC (URSA). The proposed project includes approximately 325 feet of fresh water pipeline and 7900 feet of recycled water pipeline. The recycled waler is represented to be treated such thal it is not considered a hazardous materialand will be conveyed between the Monument Ridge B Pad and the Yater well pads located to the southwest, A portion of the project is located within the Town's Watershed Protection Þistrict. The applicalion includes the special use permit application to Garlield County and incorporation by reference to Ursa's Spill Prevention Control and Counter rneasure (SPCC) Plan, Stormwater Managemenl Plan (SWMP), and Emergency Response Plan (ERP) prepared for its Parachute/Battlement Mesa area projects. The application was reviewed in accordance with Section 9.1.5.050(8) of the Parachule Municipal Code. CLASSIFICAT¡ON Based on lhe analysis and review, RESOURCE recommends classifying ihe project as a no impact. This classification is due to the limited surface disturbance, far distance from the Colorado River and the nature of the water conveyed through the pipeline. RECOÍTIMENOATIOH ln accordance with Sectíon 9.15.05(Bþ., RESOURCE recommends issuance of a No lmpact Watershed District Perm it. Coneulting Engi¡ssp. Bnd Hydrol()gi6t6 gOg Corôrädo Avenue l1 Glenwc¡c¡d gpr¡n96, CO Ê16Clf I fSTCl) S45-6777 ü www.ne6ource'eng.êôrn Stuart $. McArthur, Town Manager James $. Neu, Esq, Page 2 Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINËERING, INC. Michael Erion, P.E. Water Resources Engineer MJE/mmm 1 148-1.1 Apnl 29,2016 .1 i I l I ; ¡ *Ê u FIEgC]URCE URSA WATERLffNE ilNTEGRüW POUEV zØtus-2;ß)L6 lntroduction URSA is committed to the integrity of every aspect of our operations, including buried and above ground waterlines. Following is our overview of our INTEGRITY POL¡CY. Test¡ns and Certification L. All URSA waterlines have been tested and passed the "Hvdrostatic Test Certification" per COGCC ASME 831.8 upon construction 2. Waterlines are tested periodically using the "Hvdrostatic Testing Procedure for all HDPE line pipe" process. (Testing is only done on laterals and lines that are ín service for water movement purposes.) 3. URSA uses new quality reliable Ball Valves, Unions, Joints, Flanges, and Piping for all projects. Water movement Procedures - SOP's For every project, there is a written procedure that specifies every detail of the process. 1. lndividual proiect procedure is written every time, that is specific to that project and has to be a pproved/fi led by a utho rized U RSA re prese ntat¡ve. Valves/valve sets are numbered/named and color coded for clear identification purposes Manv "hands"are involved with the transfer of water a. Sending - Supervisors monitor the sending pumps, lines, pressures when in operation. b. Receiving - same as sending, Supervisors are present during the operations. c. Mobile "quality control Supervisor" - runs the line (in between send and receive) and valve sets to verify that there are no issues, monitor pressures, and ensure no leaks. d. Many hands - monitor tanks and lines in the sending/receiving locations, and are communicated with via 2 way radios from Supervisors. e. Communicat¡on - 2 radio frequencies are used and are privately owned and secure for the Water crew to communicate back and forth f. Line is de-pressured - bled off during times (mostly nights) where we are not moving water. g. Waterlines are drained/winterized - when not in use, and locked out Pressure observation - Pressures are observed at all points (start and finish, everything in between) of the active transfer process, and consider: elevation rises/drops, Temperature, pipe pressure specs, changes in dimensions, etc.. 5. Closed va lves/laterals - All non-used lines are locked/tagged out of service, blind flanges and other measures are taken to ensure that no water is capable of escaping. During a water transfer, these sites are also monitored. 6. Emergencv response plan - ls in place, and details Spill Prevention, Notification protocol, Stopping the job, Cleanup, etc.. 7. JSA's - (Job Safety Analysis) are reviewed everv dav, and detail the above in each meeting. 2 3 4. GIenn Hartmann Sent: To: Cc: From:Michael Erion <merion@resource-eng.com> Thursday, April 28, 20L6 9:37 AM Glenn Hartmann Stuart McArthur; James S. Neu (jsn@mountainlawfirm.com); Rob Bleil; Jason Raley; Cari Mascioli URSA Temporary Surface Pipeline - Parachute Watershed Permit Glenn The Town of Parachute has received and reviewed a Watershed District Permit Application from URSA for the proposed temporary surface pipeline that is the subject of GARCO Land Use File No. PDPA-03-16-8429. The Town will be issuing a permit by the end of this week or early next week (Jim Neu and I have been tíed up on other matters and it willtake several days to get the permit documents drafted and get all the signatures) . The Town appreciates the County Condition of Approval regarding obtaining a watershed permit prior to issuance of the GARCO permit. We understand the URSA permit is tentatively scheduled for action by the BOCC on Monday May 2,2016 , pending receipt of other permits, etc. The Town has no objection to GARCO taking action on the URSA permit on Monday if the executed Town Permit is not available at that time. We will forward a copy as soon as the final permit with all signatures is obtained. Please contact me or Stuart McArthur at the Town if you have any quest¡ons or need additional information. Regards, Michael MichaelErionn P.E. Water Resources Engineer (97O) 945-6777 Yolce (97O) 945-1137 Facslmlle www.resoufce-eng.com e-mail is PRIVILEGED AND CONFIDENTIAL information intended only for the use of the individual or entity named above. lf the reader of this message ¡s not the intended recipient, or the employee or agent responsible to deliver it to the intended recip¡ent, you are hereby notified that dissemination, distribution, or copy¡ng of this communication is strictly prohibited. lf you have received this communication in error, please immediately notify us by telephone and delete the original message from your system. Thank You. Subject: 1 O\oLssoN* Re ASSOCIATES April 18,2016 Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Ursa Special Use Permit for a Temporary Surface Pipeline within the Battlement Mesa PUD PDPA-o3-16-8429 Dear Glenn, This letter serves as Ursa Operating Company's (Ursa) response to the Conditions of Approval (COAs) for the above mentioned Special Use Permit that was approved by the Garfield County Board of County Commissioners April 18,2016. 1. That all representations made by the Applicant in the application shall be conditions of approval unless specifically altered by the conditions of approval of the Board. Response: Ursa will comply. 2. That the Ursa Battlement Mesa PUD Temporary Surface Freshwater and Recycled Water Pipelines shall be operated in accordance with all applicable Federal, State and local regulations governing the operation of this type of facility. Response: Ursa will comply. Prior to lssuance of the Special Use Permit 3. Prior to issuance of the Special Use Permit, the Applicant shall provide updated technical information to address the referral comments from the County's Consulting Engineer, Chris Hale dated April 7, 2016. Response: See attached letter specifically addressing Garfield County's Consulting Engineer's referral comments. 4. Prior to the issuance of the Special Use Permit, the Applicant's representations for ñönitoring of the pipeline during operation shall be included in the operations plan for the pipeline and attached as an addendum or supplement to the Emergency Response Plan for 760 Horizon Drive, Suite 102 Grand Junction, CO 81506 TEL 970.263.7800 FAX970.263.7456 www.olssonassociates. com Ursa Operating Company PDAP-03-16-8429 Page 2 April 18,2016 the pipeline. The Applicant shall comply with all provisions of the SPCC Plan including spill respdnse and clean-up. Response: Ursa will comply with provisions of Ursa's Spill Prevention and Management Plan as applicable to pipelines. Ursa's plan ¡ntegrates all applicable state and federal regulations regarding spill prevention, containment, and response into our regulatory, environmental, and health and safety plans and programs. The Spill Prevention, Controland Countermeasures Plan (SPCC), regulated by the US Environmental Protection Agency (EPA), pertains only to tanks that may be associated to the pipeline, not to the pipeline itself. 5. Prior to the issuance of the Special Use Permit, the Applicant shall provide additional details on fuse welding of the pipeline and fire protection provisions during construction. Response: Fuse welding for the purpose of HDPE is not the same as welding steel pipeline. Fusing involves a fully enclosed machine about the size of a Bobcat. The pipe is fed into one end of the machine and heat fused when a joint is encountered. Once the joint has cooled, the pipe is fed out the other end of the machine. There are no open flames or activities occurring outside the machine. Fire watches are not required for HPDE fusing. ':-{t.¡ 6. Prior to the issuance of the Special Use Permit, the Applicant shall obtain a Watershed Protection Area Permit approvalfrom the Town of Parachute. Response: On April 13,2016, Ursa submitted an application to amend its Town of Parachute Watershed Protection Area (WPA) permit to include that portion of the temporary surface pipeline that is within the WPA. COA Response 04-1 8-16.Docx Ursa Operating Company PDAP-03-16-8429 Page 3 April 18,2016 Prior to Gonstruction 7. Prior to initiating construction, the Applicant shall obtain all required utility permits from the County Road and Bridge Department. Said permits shall confirm that the culverts to be utilized for the pipeline crossing are adequate to accommodate the pipeline and any storm water drainage. lnstallation of the pipeline crossing and cleaning of culverts shall be subject to coordination with the Road and Bridge Department. The Applicant shall be responsible for repair of any damage to roadways or curbs. Response: Ursa will comply. 8. Prior to initiating construction the Applicant shall submit for approval by the Road and Bridge Supervisor traffic control plans. Response: Ursa will comply. General Gonditions L The Applicant shall maintain compliance with the Weed Management Plan for the site and shall treat all noxious weeds along the alignment no later than 10/31/16 with treatment records to be provided to the County Vegetation Manager in accordance with the Vegetation Managers referral comments dated 418116. Response: Ursa will comply in accordance with their Weed Management Plan based on the weeds being managed to include the type of herbicide and frequency of application. 10. The Applicant shall install posts/markers at the PUD boundary and at roadway crossings indicating the pipeline operator, the freshwater and recycled water use, and emergency contact information. Response: Ursa will place emergency response markers for the recycled water line at road crossings indicating the pipeline operator, the recycled water use, and emergency contact information. A marker will be placed at the water access point for the fresh water line. 11. The pipeline shall maintain compliance with CDPHE Storm Water Management Permits, Drainage and Soil Erosion Protection, BMP's, Reclamation and Re-vegetation Plans, and Weed Management Plans. Response: Ursa will comply. 12.The Applicant shall comply with all COGCC rules and regulations regarding the pipeline facility including but not limited to reclamation and decommissioning. Response: COGCC rules and regulations are not applicable to temporary surface pipelines. Reclamation and decommissioning of temporary surface lines is not applicable. Ursa requests that this COA be removed. 13. The Applicant shall maintain compliance with COGCC Rules and Regulations in regards to noise abatement and C.R.S. Article 12 of Title 25, noise standards as appropriate. Any pumping stations required for operation of the pipeline shall utilize noise mitigation to ensure compliance with the COGCC residential noise standards. Response: Ursa will comply with appropriate county and state noise standards. COA Response 04-18-1 6.Docx Ursa Operating Company PDAP-03-16-8429 Page 4 April 18,2016 14. The Applicant shall maintain all required CDPHE permits for the facility including any applicable air quality APEN permits. Response: Air permits are not required for temporary surface lines. Ursa requests that this COA be removed. 15. The Applicant shall comply. with the Battlement Mesa Wildlife Mitigation Plan - Agreement between Ursa Operating Company and CPW including any wildlife protection or mitigation requirements. The Applicant shall comply. with recommendations of the Sensitive Areas Survey completed by WestWater Engineering lnc. dated July 2015. Response: Ursa will comply. 16. ln accordance with Section 9-1 03 (J), upon completion of the pipeline the Applicant shall submit an engineer's statement certifying compliance with the conditions of the Special Use Permit and a digital copy of the surveyed pipeline as-built. Response: As this is a temporary surface pipeline, no as-built surveys are required. Ursa requests that this COA be removed. 17. Potable water and sanitation shall be addressed during construction by provision of portable facilities in compliance with OSHA requirements. "Response: Ursa will comply. 18. The pipeline permit shall be effective for three years from the date of approval. The pipeline shall be removed and the site reclaimed within 90 days of the expiration of the three year time period. Response: Ursa requests that COA be changed to: "The pipeline permit will be effective for three years from the first date of operation. Ursa will notify Garfield County of first date of operation. The pipeline shall be removed within 90 days of the expiration of the three year time period." Thank you for your assistance with obtaining this permit. Please let us know if you have any further questions. Sincerely, l!/"r 6to.*- Tilda Evans Assistant Planner Attachments: Response to Consulting Engineer's Review Comments, date April '18,20'16 COA Response 04-l 8-1 6.Docx O\oLssoN* ASSOCIATES April 18, 2016 Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Response to Garfield County Consulting Engineer Referral Comments PDPA-o3-16-8429 Dear Glenn, This letter serves to answer Chris Hale's referral comments of April 7,2016 for the above mentioned Special Use Permit that was approved by the Garfield County Board of County Commissioners April 18, 2016. 1. The Applicant proposes to avoid road cuts or boring by slipping the temporary pipeline through storm culverts. The Applicant should address the size of the culverts, the restriction to the capacity of the culvert that the pipe would cause, and if the remaining available capacity is enough for the anticipated design storm. Response: Ursa is placing the temporary surface pipeline through these culverts at the request of Garfield County Road and Bridge Department. Road and Bridge feels that utilizing these culverts will not adversely impact the stormwater drainage system. 2. The Applicant should provide the specifications for the pipe that is intended to be used. Response: The temporary surface pipeline will be constructed of high density polyethylene (HDPE) with one inch walls. lt will be 10 inches in diameter. 3. The Applicant proposes to pressure test the pipe to 100% of operating pressure. The Applicant should evaluate test pressures versus the anticipated operating pressures. Response: Anticipated operating pressure is 150 pounds per square inch (psi). Ursa will pressure test the line to 200 psi. 4. Design for connection to the potable system including backflow prevention, pressure relief, blow-off, and isolation valves was not included. The Applicant should evaluate the line and determine the appropriate need and locations for different valve types. Re 760 Horizon Drive, Suite 102 Grand Junction, CO 81506 TEL 970.263.7800 FAX970.263.7456 www.olssonassociates.com Ursa Operating Company PDAP-o3-16-8429 Page2 April 18,2016 Response: The freshwater section will not be used as potable water. lt will be attached to Battlement Mesa Metropolitan District's access point per their instructions. Pressure relief, blow-off, and isolation valves are not anticipated to be required. Backflow prevention is built into the access point. There is no back pressure that needs to be regulated. 5. The Applicant should discuss the thermal expansion and contraction of the pipe and the anchoring of pipe at the bends. These could cause the above ground pipe to move and to trespass from outside of the proposed easement. Response: The temporary surface pipeline will be constructed of 10 inch diameter high density polyethylene (HDPE) with one inch walls. This type of pipe is used frequently for this purpose throughout Garfield County without the need for restraints due to the weight of the pipe and the gently sloping terrain. 6. The WestWater Engineering (WWE) report anticipates that the pipe was to be bored beneath the roadways and so no impacts to wetlands were anticipated. However the pipe is now proposed to be surficial and inserted through culverts. Wetlands may be impacted. The Applicant should have their consultant reevaluate the potential impacts now that surficial installation is proposed. Response: The WWE report was originally written for the Battlement Mesa PUD Phase I pipeline. The recycled water portion of the temporary surface pipeline runs within a portion of the Phase I easement. The Phase I pipeline has bore locations. No bores are required for the temporary surface pipeline. As noted in the staff report, no live streams are located in close proximity to the alignment. No wetlands will be impacted. 7. The WWE report and mapping appears to have evaluated nothing to the north of Underwood Lane. The letter provided but WWE does not seem to verify that this section was included and the mapping in the report seems to exclude this area. Response: The WWE report was originally written for the Battlement Mesa PUD Phase I pipeline. The recycled water portion of the temporary surface pipeline runs within a portion of the Phase I easement. The freshwater portion of the temporary surface pipeline is not included in the WWE report. lt is an approximately 195 foot section of pipeline on private property that happens to be in the PUD. No surface disturbance is anticipated for the installation of this section of the temporary surface pipeline. Thank you for your assistance with obtaining this permit. Please let us know if you have any further questions. Sincerely, {!/"r 6¡o,*f Tilda Evans Assistant Planner Engineer Response 04-18-l 6.Docx Glenn Hartmann From: Sent: To: Cc: Subject: Attachments: A5góCtA1E5 g$ Please cansider the environment before printing this e-mail Tilda Evans <tevans@olssonassociates.com> Monday, March 07,2OL6 2:00 PM Glenn Hartmann Cari Mascioli; Rob Bleil Ursa Battlement Mesa PUD Temporary Surface Lines 16-03-01-BMMD 2016 Monument Ridge B Out of District Agreement_Redacted.pdf; l-6-03 -07_BM M D SOA.pdf; 1-6-03 -01-_BM P_BM M D Agreement_Redacted.pdf Glenn, Attached are the Water Services Agreements and Statement of Authority for Battlement Mesa Metropolitan District. BMMD is in the process of getting the SOA recorded. We will include it in the Agency Review package when we receive it. Please let us know if you have any questions Thanks for your help with this submittal Tilda Evans I Land Development I Olsson Associates 760 Horizon Drive, Suite 102 | Grand Junction, CO 81506 ltevans@olssonassociates.com TEL 970.263.7800 | DIRECT 970.263.6015 | CELL 970.683.8879 | FAX 970.2637456 Otolssoru*TITTñ 1 Garfield County STATEMENT OF AUTHORIW Pursuant to C.R.S. 538-30-172, the undersigned executçs this Statement of Authority on behalf of F*Íl^ .,,rr ü*^ t^.çn-t'*ln;i.a- -ÍEacrbtlÞttis{rrL* (corporatton,limited liabllity company, general partnershlp, registered limited liability partnershlp, reglstered llmlted liabllity llmlted partnershlp, limlted partnershlp association, government agency, trust or otherl, an entity other than an indivldual, capable of holding t¡tle to real property {the "Entity"l, and states as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity is The name and/or pos¡t¡on of the person authorized to execute instruments encumbering, or affectin8 title to real property on behalf of the Ent¡ty is The limitatlons upon the authorlty of the permn named above or holdíng the position described above to bind the Entity are as follows (if no limitatlons, insert "None"):alt#* Other matters concerning the manner ln which the Entity deals with any interest ln real property are (if no other matter. leave this sestion blank): ExEcurED ¡ws 74ayos , #arcA - .20!6 . Signature: Name {pri Title (if any): STATE OF COUNW OF h{Erq¿û --t Ger-f''JJ 'tì' J* aavo¡ ,fTlwe-.h't .zatþ. . å+4¿p* r[,*fr-sit. t$.*rp Þr!ile_ The by instrument was acknowledged before me th¡s on behalf of [sEALl (Notary Publlc) CONSENT TO PROVIDE WATER This Consent to Provide Water ("Agreement") is madc effective March l, 2016 between Battlement Mcsa Partners, LLC, a Colorado limited liability company d/b/a Battlement Mesa Company on its own bchalf and as agent for all of its affiliates ("BMP") and the Battlement Mesa Metropolitan Ðistrict ("BMMD*). RECITALS WHEREAS, the consent of BMP is necessary before BMMD can provide water services to any party outside the BMMD Service Area. WHEREAS, BMMD has been requested by URSA Operating Company, LLC (*URSA') to provide it water at ils Monument Ridge Pad B, which location is outside the BMMD Service Area, and is located as set forth in an attached Exhibit A. T/HEREAS, BMP is agreeable to the provision ofsuch water servicc by BMMD. AGREEMENT l, G¡ant of Consent. BMP hereby consents to BMMD providing wåter outside ¡ts Service Area to URSA's Monument Ridge lVell Pad B for the consideration set forth in paragraph 2 hcreafter. 3. Tcrmin¡tion. This Agreernent shall be in full force and effect beginning on the date of execution of this Agreement and cxtending to and through December 3 I , 201 6 unless othenvise terminated by cither of the Parties hereto by written notification received by BMI, from the BMMD that the BMMD wishes to terminâte such water servicc or by BMMD from BMP that it wishes to withdraw its consent lo the further provision of water pursuant to this Agreement' 4. RecordinB. This Agrecment shall not be recorded. 5. Attornqv-'$.Îees. In the event litigation is necessary to enforce the rights of the Parties to this Agreement, as between themselves, the prevailing party in such litigation sball bc entitled to attomey's, paralegals, legal assistance fees, costs and expenses included in that action, 6. CgUntçfnqft{Eacsirqilg.Si$.natureB. This Agreement may be execuled in one or more counterpfrs, all of which shall constitule a single agrecment and each of which shall be an originat for all purposes. It is agreed and understood that the signatures ofthe parties on a copy hereof transmitted by facsirnile shall be sufficient as if an original. 7, Notices. Any notice or other cornmunication required or permitted under this Agrecment shall be sufficient il'deposited in the U.S. Mail, postage prepaid, or scnt via expeditcd scrviçe, with proof of delivery, or by facsimile transmission with proof of receipt by the notified party, addressed as follows: Notice to:Steve Rippy, District Manager Battlement Mesa Metropolitan District 401 Anoyo Drive Battlement Mesa, CO 81635 srinovØacsol.net Notice to:Bnnlement Mesa Partners Attn, Eric Schmela P.O. Box 6000 Parachute, CO 81635 eric@schmela.com tWith copy to:Balcomb & Green, P.C. Christopher L. Coyle, Esq. P.O. Drawcr790 l8l8 Colorado Avenue Glenwood Springs, CO 81602 chri sc{Íùbalcornbqreen.com With copy to Spencer Fane LLP Mathew Dalton, Esq. 1700 Lincoln St¡eet, Suitc 2000 Denver, CO 80203 m da ltonûùspenccrl'an c.com fN V/ITNESS WHEREOF, parties have executed the Agrecment and multiple originals reflecting the date set forth above. BATTTÉMENT METROPOLITAN DISTRICT Byr Title: Districl Manager BATTLEMENT MESA PARTNERS, LLC, on behalf of itself and as agent for all its afliliated companics By: Ëric Sshmela Title: Authorized Agent LegendN Approximate Waterline (schemalicExisting Well PadBattlernent Mesa PUDWãlerAccess PointZone B 14åter TankÅIæ¡tûÐaþ: 2nir2a16Aulhor K. Weslendodffiursa,1:;i.:Monument Ridge BFresh Water Sourcet,1,. irçr.,E)G{IBIT A1ltGtaL*',1]ì-f.1:,.Êa¡,}IIyt'ra,*-.''.Lttr,ìla',,|Y>¡-"1i'*r;q{ÞE1-nlï(c:::i-.MOñË'ùÍENT Eib:çFiB'"eTS þq'4,',rit&,'\i:.t, ",..t,ì-.."-¡;*,q;ri -3þrçgt="S . ¡t''"sü:t:* . ,'*r :;..,o'uäffi#¡t-,--;._,-,.., ,_ .,.,, ;\rf 'F*J rît?fi['? "Ì::.r.i.II'mtt'a!íll,Jr.¡esy# Out of Dlstrlct ïUater $ervlce Adreement This Out of distrigt Water Service Agreement ("Agreement') is made this lst Day of March,2016 between URSA Operating Company, LLC (*URSA') and the Baftlement Mesa Met¡opolilan District (*BMMÐ'). URSA is an exploration and production company that develops natural gas resources in Colorado. BMMD is a Spccial Distist organized under Title 32 of the Colorado Revised statütes and provides water ãnd sewer services to residents of Battlement Mesa Public Utilities District (PUD) lying within BMMD's servicç area; Pursuant to $ection 32-l-1001(lxk), C.R.S. and Section 5.2 of its Rules and Regulations, BMMD has the power to fi.¡rnish services and facilities outside of its service åfeE; URSA is presentty dcveloping the natural resourtes on those drill pads located outside of the BMMD's service area known as the Monument Ridgc B Pad. The location of thc Monument Ridge 3 Pad are depicted within Exhibit A and auachcd hereto a¡d incorporated herein by this reference; and At the present tíme, no water service is provided to the Monument Ridge B Pad. URSA desires to obtain a temporary wðler supply fum the BMMD for URSA's use ¿t the Monument Ridge B Pad and BMMD wishes to provide waterto URSA pursuÊnt to thc terms set forth below. ACREBMENT$ NOIú, THERËFOR-E, for and in the considerstion of the mufual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledgcd, the partÍcs agreÊ as follows: l. Term. This Out of Disrict Water Service Agreement shall have a base term beginning on the date of exscution of this Agreement and extending through December 31,20t6, 2. Deslgn and Conskuctlon of *hnslon ol BMMD F¡cllltles. A. URSA shall hire conhactor(s) for the design and construction of the pipe Iine and other facilíties necessary to extend water sewice from BMMD facilities to the Monument Ridge B Pad. URSA shall be solely responsible for all work performed by contractor(s) for the design and construction of pipEline and other facilities. Such facilities shall not be buricd. B. BMMD shall at its solc cost acquire such easements or rights of way æ BMMD deems necessåry and appropriate to extend Facilíties from BMMD's w¿ter system to URSA pipclines serving the Monument Ridge B Pad. C. Atl water delivercd pursuant to this Agrecmcnt shall be metered at thc point of delivery to the URSA pipe lines. D. Upon termination of this Agreement the Fasilities shall be promptly disconnected, removed and disposcd by URSA in a commercialty reasonable manner. 3. Costs for Extcn¡ion of BMMD Facilitlcs. URSA shall be responsible for all costs associated with any extension of BMMD facilities, 4. tlllatetQrallty. The water to be delivered pursuant 10 this Agreement is to bc used for non-potable uses only, and BMMÐ makes no warranties or representations (Express, implied or raised by operation of law) with regard to the quality of water delivcred. URSA shall institute such measurçs and safeguards æ are necessary to ensure that no waler is consumed by persons or otherwise used in a manner represent¡ng a danger to persons or property, and shall índemnify and hold BMMD harmless ûom any incident, liabilit¡ loss, claim, damnge or cxpeüse, in whatsoever nåture or form, including, but not limited to, attorneys', paralegals', and legal assistants' fees, costs and expenses, whether suit is brought or not, and regardless of whether incurred in any dcclaratory or injunctive action, in any trial or appeal, or any other action, whi.ch may arise out of or be based upon any use of the water provided hereunder. 5, ßlÉhts of U*a. A. All water furnished by BMMD hereunder is to be used solely for drilling operations ând dust control at the Monument Ridge B Pad and is provided on a leasehold basis only. Such rÍght to use w¡ter does not include any right to make s succession of uses of such water and, except as provided in Section 5.8,, below, upon completion of the primary use all domaín over the water so lsased reverts completely to BMMD. Except as herein specifically otherwise provided, all property righæ to the water to be furnished by BMMD hereunder are reserved in BMMD. B. The Parties acknowledge and agree that the water used by URSA for drilling operations ('-Drilling Waterr) shall be used in such a manner as to bc ftlly contaïned for prôperdisposal upofi cessation ofsuch use, in accordance with any and all applicable federal, state and local laws, rules, regulations, resolutions and direstives f'Laws"). URSA shall institute such mcasures and safeguards as ars nËcçssary to ensure that no Drilling lVater is discharged or otherwise disposed of in a mannsr in violation of any Laws, and shall indcmnify and hold BMMD harmless for any incident, liability, loss, clalm, damage, or expsru;e, in whatsoever nature or form, including, but not limited to, atlomeys', paralegals' and legal assistants' fees, cost$ and expcnses, whether suít is brought or not, and rcgardlcss of whether incurred in any declaratory or injunctive ûclion, ín any trial or appcal, or in any othcr aclion, which may arise oul of or be based upon any violation of any Laws. 6. $uspenrlon of Water $srvlce: BMMD at its sole discretion mny suspend watcr ssrvice to URSA ât ånytime duc to inadcquate water cåpacity or water pressures in the system or emergÊncy and fire. for Oelluory of ltfaler of waler service I the BMMD shall 8. Ml¡call¡neous A. Tcrminatioq. This Agreernent shall be in full force and effect until terminaled hy mutual agreement by parties hereto, upon its expiration as provided in paragraph I above, or upon written notification received by the BMMD frorn URSA thst URSA wishes to term¡nate such water service or as othcrwise provided by law" B. Comnliancç.wiü State and Fedg:allaw. This Agreement shall nol be construcd to bc in violetion with thc larvs of thc Unitcd Statcs or lhc slatc of Cotorado, nor in any månner that advcrsely affects or diminishes the finnncing capabilities of the District. C. Enforccr_ncnt: Slæci{ic Perfurmance. In the cvent of any material failure by either party hereto to comply with thc terms of the Agrcement, the other pafiy shall have standing to bring suit to enforce compliance herewith. Furthennore, in the event of a brcach of this Agreement, the non-breaching party may seek all remedies available at law or equity, including specific performance. D. AssignmcnJ. This Agrecmcnt mey not be assigncd or sub'let by URSA in whole or in part without the prior written consent of BMh4D. '{ny attempt to assign this Agreement or parts hercof in thc absence of such written cons€nt shall be nult and void çb initio. Ë. Countgrpart/Facsi{nile Signatr{res. This Agreement may bc cxecuted in one or more counterparts, all of which shall constitulc a single agreement and cach of which shall be an origínal for all purposes. It is agrccd and unde rstood that the signatures of tlre partics on a copy hereof ransmittcd by facsimile shall be suffìcient ns if an original signature. F, Atto{ney's Fqes. URSA shall bear cach party's altorneys fees incu¡ted in ths negûtiãtion, executíon, nnd implementåtion of this Agreement. Howêver, in thc event litigation is necessary tu enforce the rights of the parties to this Agreement, as betwcen themsclvEs, thc prcvailing party in such litigation shall be entitled to âftorneys', paralegals', and legal assistantso fees, costs and expenses insuned in any declaralory or injunctive action or in any trial or appeal' G. Cgqlptete.Agreemeåt. Amendment. This Agreement consaitutes the entire and complete ærèimint belween the parties, and any modilìcation or amendment hereto shall be evidenced by a witíng signed by the parties- H. BindiqeFffecr. This Agreement shall be binding upon and inure to the benefit ofthe parties, thelr successors, grantees, and assigns. I. Authqfity, Each person executing this,4grecmênt rcpresenls ånd waûants that he has Ueen duty uuthorized by the party which he purports to represent to execute lhis Agreement, and has authority to bind said party to the terms and conditions of this Agreement. J, S$-verning Law. This Agrcement shall be construed under the laws ofthe State of ColoraããJny action io enforce this Agreemcnt shall be brought in the Garfield County District Court, State of Colorado" K. No lüaivcr. No provision of this Agreement may be waived except by an ugreem*ntl witing signeb by the waiving party. A -waiver of any term or provision shall not be coÍstrued as waiver of any other term or provision. L. Heedings. The paragraph headings in this Agreemcnt shall not be used in :he constructiı ofor intcrpretatión hereof, as they havç no substantive effect, and a¡e for conveniençe only, M. $cverability. If any part or sectíon of this Agreement shall be found void or invalid ¡V äourt of competent jurisdictian, such finding shall not affect any remaining part or section, and said rlmaining parts or sections shall continue in full force and effect- Ttre parties shall renegotiate in good faith any matter addresæd by a part or sEction that is found void or invalid. N. Notices. All notices requíred undcr this Agreement shall be in writing and shall be hand ¿eliveri¿ or sent by registered or cgrtified mail, return rcccipt requested postage prcpaid, to thc addresses of the partíes herein set forth. All notices so given shall be consideied effectlve s€venty*two (72) hours after deposit postage paid in the United States M¿il with proper address as set forth below. Either ps¡ty by notice so given may ehange the address to which fi¡ture notices shall be sent. Noticc to; With copy to: Nofice to: With copy to: Steve Rippy, Manager Battlement Mcsa Mctropolitan District 401 Anoyo Drive Battlement Meta, CO 81636 Mathcw R. Dalton, fsg. Spencer Fa¡e & Grimshaw, LLP 1700 Lincoln Street, Suite 3800 Þenver, CO 80203 Ursa Operating CompanY, LLC ATTN¡John Doose 792 Buckhom Drive Riflc, CO 81650 Ursa Operating Compaay, LLC ATTN: Jarred McGhee 1050 lTth Street, Suite 2400 Ðenver, CCI 80202 O. No lVaivg[ of Govçrnmenf,al Immunity. BMMD, its directors, ofücials, officers, age i are rclying upon and do noÍ waive or abrogate, or intend to wnivs oi abrogate by any provision of this Agreement the monetary limitations or äny rights immunitiei or piotectibns afforded by the Colorado Governmental lmrnunity Act, Sãction 24- l0.l 0t et seq.o C.R.S,, a$ the same may be amended from time to time' p. No perssnal.l,¡gbiliw. No clcctcd officiatn director, offi9e¡, agent or employee of rhe Company stlati Úi charged personally or held contractually liable by or to the Contractor igrdcr any term or provision of this Agreemcnl, or because of any breach thereof or because of itr or their execution, approval or attempted exocution of this Agreement. Q. l.to Other Riehts Granted. The rights crcated, rescrvgd, granted, and esrablishid in this Agieiment do not, are not limited to, and shall not be construed to crÊãte any rights, or lrivilegcs in and for the benefit of any person or entity other than the parties hereto. R. Appropriation by Board of Direptors. All obligations of BMMD under and pursuant ro tt is ngt "**r,t are subject to prior appropriations of monics cxpressly made by BMMD's Board sf Directo¡s for tbe purposes of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals on the datcs herein bclow set forth. Urrr Opornttng ComP¡nY' LLC By: Title:fr-( ë4 " B¡ttlcment Me¡n Mctropolltan Dlstr¡ct By: Titlc: LegendN Approximate WaterlineExisting Well PadBatlement Mesa PUDIÂ/äterAccess PointZone B !1återTankAq:teffiIæ-:::'F'IÐaþ: ?Ì2312O16Át tt¡or K. Wesl€ndÒrfffiursaMonumsnt Ridge BFresh llUater $ource.. ìr:iJ":.1¡t'i¡".rt..,, E)GIIBIT /4"e*f",!.¡4'.àtfT-arfi' :i. .1;*È.1.ï"y-".* Ç'vt¡raÌ'*r .tr'iI'¡'rr:;Ê*' .* ."" rÌ.,,:li{iìÍÎ,åEiErlelìr.lJ::. i-.,|*..-å¡i r..ll¡r* "r¡':, ;' -l,f.i.ftr¡lpÑu;Mæñff ;&t'^egïF_1snrfûç;r9 Eådt,rûf*qTdt*à;J*;:*"rå-f,¡**I.ù:i;*p'rL'¡,lfrËs.'ôn" t þrdf":-,S ' 1r¡ .*¡ .-.¡rft¡ "4|{.'. tt* n**.trrÃ'+f 'S*.1Jj{ËffifrtlltÀliù'{i.Trqf1'*rçn.rí..!esy ÕT:gSGS Garfield Coúlnty TO: FROM DATE SUBJECT: Community Development Department Board of County Commissioners Glenn Hartmann, Senior Planner March 7,2016 Ursa Temporary Surface Pipelines - Battlement Mesa PUD Special Use Permit and Board Direction on Referral to the Planning Commission Background The County has received an application submitted by Ursa Operating Company for a Special Use Permit for temporary surface pipelines located within the Battlement Mesa PUD. Based on review by Staff it has been determined that a Special Use Permit will be required for that portion of the pipeline that runs through the Battlement Mesa PUD. The proposal includes one section of fresh water pipeline (10" diameter) and one section of recycled water line (10" diameter). The PUD references the Land Use Code in effect at the time of the PUD approvals (Garlield County Land Use Resolution of 1978) which allows for the opportunity for the Board to either: 1) refer the Application to the Planning Commission for review and recommendation in a public hearing followed by a BOCC hearing for a final decision; or 2) not refer the Application to the Planning Commission and hold one hearing before the BOCC for a final decision. Deliberation on the application should be reserved for future public hearings with the Board's consideration at this time limited to the referral issue. A map of the pipeline is attached along with an excerpt from the pre-application meeting summary. Board Action Board Motion with Direction to Staff regarding the process for review of the Application with the following options: 1. Referral to Planning Commission for review and recommendation at a public hearing. 2. Do not refer the Application to the Planning Commission. 1 - Recycled Water Line - Fresh Water Line ñ& Ursa Pads 3-mile Buffer ffiunsaffi Vicinity Map Battlement Mesa PUD Temporary Surface Línes Sect¡on 17 & 8, Townsh¡p 7 South, Range 95 West 7- Èl-\---,i Parcels --.- County Road 0 1,000 2,000 1,000FeeIG-II City Limits Author J. Friesen Battlement Mesa Planned Unit Development Revis¡on: 0 Nofes / Comments N{s\o*fg^Nr A Date: 3/2nØ6 t I å¡ .-È1i 'T r1f f' ¡u ì I ,f f t i 66 II. t,,tlr I f I { t' f B :i Ì ¡ a, c, è rl i l 1i i I 'i ! ri i It.t ,/',:; , ¡ I i+\\* I 5. I ë t '.' ft +t 4 - ¿-*, ;'" i 1,/f WUrsarSåffiflri"" Battlement Mesa Situate in Sections 8, 9,16 and l7 T County ( Notes: 1) This Property Is Subject To Reservations, Restrictions, Covenr Eâsements Of Record, Or In Place. This Site Plan Was Prepared Title Commitment Therefore, Exceptions To Title That MAY Affe( Nût Been Researched By River Valley Surveys, Inc. 400' Graphic Scale in Feet lrr- 800r 2) The Date OfThis Survey Was February 25,2016. 3) Basís Of Bearings For This Survey Is A Bea¡íng OfNOI'54'48r Comer Of Section 8, a Aluminum Bureau of Land Management Sections I & 9,a No. 6 Rebar and Alum. Cap L.S. No.31143. 4) Units Of Measure For All Dimensions Shown Hereon Is U.S. S 5) This Site PIan Is Based On The Final Plat ofThe Highlands, Fr 1983 as reception No. 344062 and Special Warranty Deed Recon Reception No. 328724 In The Garlìeld County Cierk And Record, Found In Place. 6) Elevations A¡e Based On NAVD 1988. 7) This Propert¡r Is Zoned PUD-PSR NC, LDR Per The Ga¡field Co I I Site Pl,an Battlement Meca PlrD lcmporarSz Surface Llnes Garñeld County, Colorado Section's 8, I, 16 & 17 Township 7 South, Range 95 West of the 6th P.M. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (e70) 94s-8212 www. garfr eld-county.com TAX PARCEL: Multiple Parcels DATE: February 23,2016 PROJECT: Yater Monument Ridge B Temporary Recycled Water Line and Monument Ridge B Fresh Water Source Pipeline PROPERTY OWNER: Multiple Owners OPERATOR: Ursa Operating Company REPRESENTATIVE: Rob Bleil, Ursa Operating Company PRACTICAL LOCATION: East of County Roads 308, Gardner Ln., Four Corners Ln., and County Road 300E (also known as E. Battlement Parkway) and adjacent to and south of County Road 302 (Underwood Ln.). Overall' alignment mapping is attached. ZONING: Planned Unit Development (Battlement Mesa) TYPE OF APPLICATION: Special Use Permit for a Pipeline I. GENERAL PROJECT DESCRIPTION The Applicant is proposing to construct water pipelines along the east edge of the Battlement Mesa PUD. Portions of the pipelines will be located within the PUD crossing through Zone District Categories that require a Special Use Permit for Extraction and Processing Uses. Pipelines are ancillary and accessory to Extraction and Processing uses. Based on Staff review of the PUD provisions including Section 10.2, "Uses Permitted", it has been determined that the proposed pipelines will require a Special Use Permit for those sections located within the Battlement Mesa PUD. Portions of the pipeline that are located within the Rural (R) Zone District outside of the PUD do not meet the Land Use and Development Code criteria for requiring a land use change permit. ln accordance with Section 9-101 Applicability, those sections of the proposed pipelines outside the PUD are less than 12" in diameter and less lhan 2 miles in length. The pipeline sections outside the PUD may however require grading permits and compliance with any conditions contained therein. PRE.APPLICATION CONFERENCE SUMMARY The proposed fresh water line will connect the Monument Ridge B Pad to a fresh water tank/source operated by Battlement Mesa Metro District (BMMD). lt will be approximately 350 ft. in total length with 190 ft. within the PUD. The pipeline is anticipated to be 10" in diameter and constructed of High Density Polyethylene (HDP) or similar materials. The recycled water pipeline will connect the Monument Ridge B Pad to the Yater Pad and is approximately 7,400 ft. in length with about lz of [he alignment located within the PUD. lt will be 8" - 10" in diameter and constructed of High Density Polyethylene (HDP). The pipelines will be fuse welded and pressure tested. They will be located on the surface with no site disturbance or excavation anticipated. Existing culverts will be utilized for roadway or driveway crossings or new/replacement culverts installed. With no site disturbance, no revegetation is anticipated to be necessary. Based on the scale of the project, very limited construction traffic and staging areas along with a short construction period are anticipated. The pipelines are intended to be temporary with the specific length of operation to be determined. The pipelines will reduce or eliminate significant water hauling truck traffic on adjacent roadways. II. REGULATORY PROVISIONS APPLICANT ¡S REQUIRED TO ADDRESS Special Use Permit:o Battlement Mesa PUD Guidelines as Amended¡ Section 10.2 of the Battlement Mesa PUD Guidelines (excerpt is attached). Garfield County Zoning Resolution of 1978, as amended (excerpts are attached)o Section 5.03 Condition and Special Uses, as applicableo Section 5.03.08 lndustrial Pedormance Standardso Section 5.03.10 Approval of Conditional and Special Uses and Section 5.03.11 Denial of Special Use.o Section 9.03 Permit - Special Use including but not limited to Section 9.03.01 Application, and 9.03.04 Action by the County Commissionerso Review Criteria outlined below from Section 5.03.o Section 9.07.04 Submittal Requirements Garfield County Zoning Resolution of 1978 Special Use Criteria {1} {-}tilities adeçrate to provide rvater avrd sarutaùou se¡vice based on accqrted Enctneenns slmdårds aud apriror¡ed bvthe Board of Countv Conunissioners slmll eith&be ur þlace or"shnÍ be curstn¡ciåd in conjrmctionwrth the proposed use; (49?-60) (2) Sþeet irpmrreruents ndequate to ncconunodate haffrc r,,olmne geuerated by the p,r'oposed uçe anil to provide saf,e, èonvenienf acress to the use slnll either ıe in place or slmll be ËonstnrrtÈd iü coiljunctionrvíth the proposed use; fl) DesiEn ofthe oraossed us€ is o'rsflnized io nùrirnize ùluact CIr mrcl flurn arliacent mes oftan¿thmäehurstafuationof screen fe-îces or lmrdscapernat#alçor the ueriphdvoftlre lot ærd by location of urten.s{',"e-ty ptiluq{ ältns, -accessþoints, ligþti¡g arid sïgrs in strch a urannå' as to protect estabtrrsh"ed neighborhood characfer; ¡II. PROCESS The following process is based on the Special Use Permit noticing requirements and the referral provisions of the relevant code sections. 1. Pre-applicationMeeting (completed) f,IllHl',rl5?,ffiI HU !{¡l lfrtlúTh{J[tl1liqï!ft[''ll, Í llI Recept j onË : 874547 O3/OSI20'16 l1;05: l6 Al''l Jean R¡b6rico1 0f 1 Rec Feer611,D0 Doc F6er0.O0 GÂRFIELD CoUNÎY C0 STATEMENT OF AUTHORIW Pursuant to C.R.S, 538-30-172, the undersigned executes th¡s Statement of Authorlty on behalf qf F*lL-r..¡r lâ*ç^ lfiEþ¡o ?¡Js. *','.i.a =îPe¡tàÍ Ðr',s/e ,2t (lorporatlon, limlted Ilablllty cornpany, general partnenhlp, reglstered llmlted liablllty partnershlp, reglstered llmlted llablllty límlted partnershlp, llmlted partnerehlp arsoclation, government sgencT, trust or otherl, an entlty olher than an lndivldual, capable of holding tltle to real property lthe "EntiV'|, and states as follow¡: ThEnameoftheEntltyls i7 É^qanc.tf . nc+nþL'l%lÞri*¡¿+ and lsformed underthe lawso1 The rnalllng address for the Entaþt lt 4/¿ t .4 ;Ì6f.ë Þ rrve | &{11ê'rt eJT lJbsA rca et 4ES The name and/or posltion of the person authorized to execute lnstruments oonveylng, encumberlng, or on behalf of the Ent¡ty is - S+sú ¿ ? fff j raffectlnßtltle to real property The llmltatlons upon the authority of the person n¡med above or holdíng the position descrlbed above to bind the Entfty are as follows (lf no llm¡tatlons, lnsert "None"f:a/oJ¿ Other matters concernlng the manner In wh¡ch the Ent¡ty deals with any lnterest in real property are (lf no other matter, leave thls sestlon blankl: EXECUTEDthls 74"vo¡*la¡el'^o!G . Signature: Name litle (lf anyl: srAÌEoF &,læaáz-, Gor*r'JJ ¡'T' COUNTY OF The by was acknowledged before me thls on behalf of fsÊALl 7 ¿"v.¡ lïluc-h ..20.úþ &lã!i,-¡.-^ff **.cl ¡ltrÊ<^ ùíEþ. fNotary Publlc) Garfield County