HomeMy WebLinkAbout1.00 General Application Materials_PartAGarfield County
Oil and Gas Permit Application
TEP ROCKY MOUNTAIN LLC
South Leverich 13-09 Pad
Revised August 18, 2022
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Table of Contents
Project Description/Narrative ....................................................................................................................... 4
Overview and Map ................................................................................................................................... 4
Section 9-201 - Oil and Gas Permit ........................................................................................................... 6
Pre-Application Conference (Section 9-203.A) & Alternative Location Analysis (Section 9-203.B.1.) ..... 7
Neighborhood Meeting (Section 9-203.D) ................................................................................................ 7
Oil and Gas Permit Application Materials (Section 9-204) ....................................................................... 8
Article IX, § 9-204.B.1.a. Applicant’s Name and Email Address: ........................................................... 8
Article IX, § 9-204.B.1.b. Type of Application Being Submitted: ........................................................... 8
Article IX, § 9-204.B.1.c. Vicinity Map: .................................................................................................. 9
Article IX, § 9-204.B.1.d. Name and Contact Information for Operator/Applicant: ............................. 9
Article IX, § 9-204.B.1.e. Topographic Map: ......................................................................................... 9
Article IX, § 9-204.B.1.f. Legal and Factual Grounds for Alternative Location Analysis: ....................... 9
Article IX, § 9-204.B.1.g. Evidence of Liability Insurance: ..................................................................... 9
Article IX, § 9-204.B.1.h. Report, Study, or Plan Assessing Impacts: .................................................... 9
Article IX, § 9-204.B.1.i. Additional Information Requested by Garfield County: ................................. 9
Article IX, § 9-204.B.1.j Statement of Authority: ................................................................................ 11
Article IX, § 9-204.B.1.k Application Fees: .......................................................................................... 11
Article IX, § 9-204.B.2.a – c,. Information Required by COGCC, et. al., and Traffic Study: ................. 11
Appendix A: Land Use Change Permit Application Form ............................................................................ 13
Appendix B: Vicinity Map ............................................................................................................................ 16
Appendix C: Topographic Map .................................................................................................................... 18
Appendix D: Certificate of Liability Insurance ............................................................................................. 20
Appendix E: Garfield County Statement of Authority / Power of Attorney ............................................... 23
Appendix F: Garfield County’s Pre-Application Conference Summary Letter ............................................ 27
Appendix G: Summary of Neighborhood Meeting for the South Leverich 13-09 Pad ............................... 38
Appendix H: Memorandum of the Surface Use Agreement ....................................................................... 68
Appendix I: Signed Informed Consent Letters ............................................................................................ 72
Appendix J: Copy of the Amended City of Rifle Ordinance 7-2018 ............................................................ 88
Appendix K: Alternative Location Analysis .................................................................................................. 95
Appendix L: COGCC Form 2A and Supporting Documents ......................................................................... 121
Submitted Form 2A and Attachments ................................................................................................. 122
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Noise Mitigation and Monitoring Plan – Rule 304.c.(2). ..................................................................... 193
Lighting Mitigation Plan – Rule 304.c.(3). .......................................................................................... 210
Odor Mitigation Plan – Rule 304.c.(4). ................................................................................................ 236
Dust Mitigation Plan – Rule 304.c.(5). ................................................................................................ 243
Transportation Plan – Rule 304.c.(6). ................................................................................................. 247
Operations Safety Management Plan – Rule 304.c.(7). ...................................................................... 328
Emergency Response Plan – Rule 304.c.(8). ....................................................................................... 335
Waste Management Plan – Rule 304.c.(11). ...................................................................................... 343
Topsoil Protection Plan – Rule 304.c.(14). .......................................................................................... 355
Stormwater Management Plan – Rule 304.c.(15). ............................................................................. 440
Reclamation Plan – Rule 304.c.(16). ................................................................................................... 458
Wildlife Protection Plan – Rule 304.c.(17). ......................................................................................... 470
Water Plan – Rule 304.c.(18). ............................................................................................................. 483
Cumulative Impact Plan – Rule 304.c.(19). ......................................................................................... 492
Appendix M: Garfield County Payment Agreement Form .......................................................................... 517
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Project Description/Narrative
Overview
TEP Rocky Mountain LLC (“TEP”) is proposing to drill, complete, and operate twenty-one (21)
directionally drilled natural gas wells from the existing South Leverich 13-09 pad located on
private surface owned by Gordman Leverich, LLP overlying Fee minerals. The Parcel number is
2406-184-00-014 and the parcel size is 536.146 acres in “Grazing-Agricultural” zoning. The South
Leverich 13-09 Oil and Gas Development Plan (“OGDP”) is a 799.19-acre OGDP consisting of 6.43
acres of Surface Lands and 799.19 acres of Mineral Lands located in Lots 1-4, NE¼NW¼, W½NE¼,
NE¼NE¼, SE¼NW¼, E½SW¼ of Section 18, Township 7 South, Range 93 West, 6th P.M., and
SE¼NW¼, SW¼NE¼, NW¼SE¼, Lots 3-4, and E½ SW¼ of Section 13, and E½NW¼ of Section 24,
Township 7 South, Range 94 West, 6th P.M., Garfield County Colorado.
The South Leverich 13-09 pad is an existing oil and gas location (COGCC Loc ID# 335045) with four
(4) natural gas wells producing from the underlying Fee lease. The existing Oil and Gas Location
is located on resource / rangeland within Lot 3 and Lot 4 of Section 13, Township 7 South, Range
94 West, 6th P.M., within Garfield County, Colorado. Of the twenty-one (21) proposed wells
planned on this location, two (2) wells will be directionally drilled into Federal Lease COC-63721,
and nineteen (19) wells will be directionally drilled into the underlying Fee lease or adjacent Fee
leases. The South Leverich 13-09 pad will be reconstructed and slightly expanded to
accommodate the development of the proposed wells. The existing access road from Garfield
County Road 317/317A will continue to be used to access the oil and gas location.
In support of the South Leverich 13-09 development, TEP will utilize three (3) existing oil and gas
locations, the Youberg RU 44-7 well pad, Youberg SR 43-12 well pad, and the Beaver Creek Pit, as
support facilities during drilling, completion, and / or production operations associated with the
proposed wells on the South Leverich 13-09 pad.
The existing Youberg RU 44-7 pad (COGCC Loc ID# 439173) will be utilized as a remote frac
support location for well stimulation operations for the proposed new directional wells on the
South Leverich 13-09 pad. The Youberg RU 44-7 pad is located on private surface (Youberg Beaver
Creek Ranch L.P.) in the SE¼SE¼ of Section 7, Township 7 South, Range 93 West, 6th P.M. The
Youberg RU 44-7 pad currently supports production operations for thirteen (13) existing natural
gas wells and has been utilized to support remote well completion operations for multiple oil and
gas locations in recent years.
The existing Youberg SR 43-12 pad (COGCC Loc ID# 413683) will be utilized as a produced water
storage and transport facility where produced water will be temporarily stored and pumped
before entering TEP’s water management system. The Youberg SR 43-12 pad is located on private
surface (Youberg Beaver Creek Ranch L.P.) in Lot 6 of Section 12, Township 7 South, Range 94
West and Lot 3 of Section 7, Township 7 South, Range 93 West, 6th P.M. The Youberg SR 43-12
pad currently supports production operations for twenty (20) existing natural gas wells.
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Finally, the Beaver Creek Pit (CWMF: Beaver Creek 11-7-793; COGCC Facility ID# 448367) will be
utilized for temporary storage and transport of produced water for well completion operations
for the twenty-one (21) proposed wells on the South Leverich 13-09 pad. The Beaver Creek Pit is
an existing oil and gas location located on private surface (Youberg Beaver Creek Ranch, L.P.) in
Lot 1 of Section 7, Township 7 South, Range 93 West, 6th P.M. Please see the South Leverich 13-
09 Pad Overview Map below:
South1Leverlc
Overview •Mf!
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1
•
-P1oposed Frac Line D Fed coc 63721
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• Other Existing OGl -Summit Pipeline TEP Propeny
■ E.xisting 'IA'efl (BHL) -E:isting Access Road Blr.t Surface
■ Future Gas ½'el BHL -Editing County Road USFS Surlsc;e
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To support production operations on the South Leverich 13-09 pad, Summit Midstream
(“Summit”) will install one (1) eight-inch (8”) steel natural gas pipeline (approx. 2,125 feet) from
the proposed meter on the South Leverich 13-09 pad to their existing / proposed gas gathering
system located south of the South Leverich 13-09 pad. The proposed tie-in point will be located
on TEP surface south of the South Leverich 13-09 pad. TEP will install one (1) six-inch (6”) FlexPipe
water pipeline (approx. 450 feet) from the separators on the South Leverich 13-09 pad to the
existing pipeline corridor adjacent to the pad. The proposed off-location pipelines will be installed
within a fifty-foot (50’) pipeline Right-of-Way (“ROW”) located on property owned by TEP and
Gordman Leverich, LLP. TEP will install several on-location pipelines to support onsite production
operations which are described in detail below. A pipeline application is not required since the
proposed pipelines do not meet the length and diameter requirements in Section 9-101 of the
Garfield County Land Use and Development Code.
Well completion operations associated with the proposed wells on the South Leverich 13-09 pad
will be conducted via simultaneous operations (“SIMOPS”) from the existing Youberg RU 44-7
pad. Water will be transported to the Youberg RU 44-7 pad via existing water pipelines operated
and maintained by TEP. TEP will install five (5) four-and-one-half-inch (4.5”) steel temporary
surface frac lines from the Youberg RU 44-7 pad to the South Leverich 13-09 pad to support
remote frac and flowback operations. Temporary surface frac lines will be installed following the
existing access road toward the Federal RU 23-17 pad, an existing pipeline ROW to the Caerus O-
18 pad, and then the existing access roads to the South Leverich 13-09 pad. Recycled produced
water would be pumped from existing TEP operated water management facilities to the Youberg
RU 44-7 pad during completions operations. Flowback water will be processed through phase
separation equipment and transported via pipeline either to the Youberg RU 44-7 pad for
recycling for future well completion operations, or transported to TEP’s water management
facilities for processing, reuse, recycling, and / or disposal.
Construction activities for the South Leverich 13-09 pad and the associated support facilities are
scheduled to begin in November 2022 and are expected to take approximately sixty (60) days to
complete. Drilling operations for the twenty-one (21) proposed direction wells will begin in
March 2023. Since SIMOPS is planned for development of these wells, well completion
operations will begin in May 2023. Drilling operations are expected to take approximately one
hundred and twenty-one (121) days and should be completed in July 2023. Well completion
operations are expected to take approximately two hundred and ten (210) days and should be
completed in December 2023. Reclamation of the South Leverich 13-09 pad will be completed in
May 2024, within six (6) months following completion of well construction and stimulation
activities. Site reclamation is dependent on weather conditions and project scheduling.
Development may be accelerated or delayed based on market conditions and company
constraints.
Section 9-201 - Oil and Gas Permit
Per the Garfield County Land Use and Development Code, Division 2. Oil and Gas Code
amendment, adopted July 6, 2021, under Section 9-201.F.1., an oil and gas project that meets
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criteria pursuant to COGCC Rule 304.b.(2).B.i. through viii. and x., and requires the submittal of
an Alternative Location Analysis (“ALA”), must submit an Oil and Gas Permit.
During the planning of the South Leverich 13-09 pad, TEP reviewed the Alternative Location
Analysis (“ALA”) Criteria outlined under COGCC Rule 304.b.(2).B and determined that criteria i.,
Residential Building Unit (“RBU”) within 2,000 feet of the Working Pad Surface (“WPS”), and
vi.aa, Oil and Gas Location within a surface water supply area applies to the proposed project.
As required under Section 9-203.B., TEP initiated a request for a Pre-Conference Hearing and
completed an ALA, which initially included the evaluation of two (2) alternative locations,
however the draft ALA has been revised to include the evaluation of four (4) alternative locations
within the vicinity of the proposed South Leverich 13-09 pad, as summarized below.
A copy of the amended City of Rifle Ordinance 7-2018 (See Appendix J) related to the
decommissioning of the Beaver Creek Water Plant and the water supply intake is included with
this Oil and Gas Permit application to specifically address the requirements under COGCC Rule
304.b.(2).B.vi.aa and Garfield County’s Oil and Gas Code 9-201.F.1. TEP is not seeking a variance
from noise or lighting requirements.
Pre-Application Conference (Section 9-203.A) & Alternative Location Analysis (Section 9-
203.B.1.)
On September 15, 2021, TEP completed a pre-application conference with Garfield County.
During the meeting TEP presented the proposed development plan for the South Leverich 13-
09 pad and reviewed the initial draft of the ALA. (Please see Appendix F, Garfield County Pre-
Application Conference Summary Letter, for a detailed summary (prepared by Garfield County)
of discussions held during the pre-application conference meeting.) In response to staff
comments, a copy of the revised ALA is included in Appendix K of this Oil and Gas permit
application. The ALA prepared by TEP includes the evaluation of all ALA criteria listed under
COGCC Rule 304.b.(2).B, and the well location and siting requirements under COGCC Rule 604.
TEP evaluated each alternative based on landscape level characteristics (i.e. slope) and mineral
development potential.
In addition to providing the initial ALA, during the pre-application conference, in accordance
with Section 9-203.B.1 of the Oil and Gas Code, TEP informed Garfield County staff that they
determined there are no Federal, State, or local government designated parks or open spaces
within the proposed area of mineral development. TEP has reviewed both the COGCC and
CDPHE spill/remediation records and did not find any environmental contamination locations
within the proposed area of mineral development. There are no open COGCC remediation
projects located within the area of proposed mineral development. A review of the CDPHE spill
reports did not reveal any documented incidents within the area of proposed mineral
development.
Neighborhood Meeting (Section 9-203.D)
As required under Section 9-203.D. of the Garfield County Land Use and Development Code,
following the pre-application conference, on October 28, 2021, TEP conducted a pre-application
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Neighborhood Meeting with surface owners and tenants of all properties within 2,000 of the
proposed working pad surface of the oil and gas location as required by Section 9-203.D. Please
see Appendix G, Neighborhood Meeting Summary, for a detailed summary of discussion held
during this meeting. As demonstrated in the Neighborhood Meeting notes and an audio
recording included with the permit submission, conversations with landowners were supportive
of the South Leverich 13-09 pad.
Oil and Gas Permit Application Materials (Section 9-204)
On May 24, 2022, prior to submittal of the Oil and Gas Development Plan (OGDP) application
and Oil and Gas Location Assessment (Form 2A) to COGCC, TEP sent formal notice to Garfield
County, the local government with land use authority over siting of the proposed South
Leverich 13-09 pad, as required by COGCC Rule 302.e and Rule 303.e.(2) & (3).
In preparation for submittal of this Oil and Gas Permit application, TEP determined through the
ALA process that the existing South Leverich 13-09 pad is the Preferred Alternative, as this
location minimizes the potential impact to public health, safety, welfare, the environment, and
wildlife resources, while also maximizing the potential for mineral development. The existing
South Leverich 13-09 pad has actively producing wells currently on location and utilizing this
location would minimize the amount of new surface disturbance required for development of
the proposed minerals and reduces landscape level environmental impacts.
As noted in the ALA, the South Leverich 13-09 pad provides the same level of protection for
wildlife resources as the four (4) alternative locations. The South Leverich 13-09 pad and all four
(4) alternative locations are located outside of High Priority Habitat (HPH) and are within similar
proximity to HPH boundaries within the project area. The South Leverich 13-09 pad also
minimizes potential impacts to water resources based on proximity to surface water features.
TEP has consulted with all the residential building unit (“RBU”) owners within 2,000 feet of the
South Leverich 13-09 pad and has received signed Informed Consent letters from each RBU
owner per COGCC Rule 604.b.(1). Copies of the Informed Consent Letters are included in
Appendix I. TEP has also entered into a surface use agreement (“SUA”) with the surface owner
(Gordman Leverich, LLP) to develop the twenty-one (21) proposed natural gas wells on the
South Leverich 13-09 pad, and this location is the preferred location by the surface owner due
to the South Leverich 13-09 being an existing location and minimizes new disturbance on the
surface owner’s property. A copy of the Memorandum of the Surface Use Agreement between
Gordman Leverich Limited Liability Partnership and TEP Rocky Mountain LLC is included in
Appendix H.
Article IX, § 9-204.B.1.a. Applicant’s Name and Email Address:
A Land Use Change Permit Application Form is included in Appendix A and includes the
applicant’s name and contact information per the Oil and Gas Code.
Article IX, § 9-204.B.1.b. Type of Application Being Submitted:
TEP Rocky Mountain LLC (“TEP”) is applying for an Oil and Gas Permit per Article 9 of Garfield
County’s Land Use and Development Code. The existing South Leverich 13-09 pad is located
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within two-thousand feet of a Residential Building Unit and TEP is required to complete an
Alternative Location Analysis (“ALA”) per COGCC Rule 304.b.(2).B. Per Garfield County’s Oil and
Gas Code, this oil and gas location requires an approved Oil and Gas Permit from Garfield
County.
Article IX, § 9-204.B.1.c. Vicinity Map:
A vicinity map depicting the current location of the South Leverich 13-09 pad is included in
Appendix B. The vicinity map depicts Section/Township/Range and nearby public roads as
required by this section of the Oil and Gas Code.
Article IX, § 9-204.B.1.d. Name and Contact Information for Operator/Applicant:
As mentioned above, a Land Use Change Permit Application Form is included in Appendix A and
includes the applicant’s name and contact information per the Oil and Gas Code.
Article IX, § 9-204.B.1.e. Topographic Map:
A topographic map is included in Appendix C. This map depicts all applicable requirements of
the section of the Oil and gas Code.
Article IX, § 9-204.B.1.f. Legal and Factual Grounds for Alternative Location Analysis:
Per COGCC Rule 304.b.(2), an Alternative Location Analysis is required for the South Leverich
13-09 pad based on the South Leverich 13-09 pad meeting the criteria of COGCC Rule
304.b.(2).B.; the working pad surface being within 2,000 feet of a Residential Building Unit. Per
Garfield County’s Oil and Gas Code 9-201.F.1, which requires the submittal and approval of an
Oil and Gas Permit for Oil and Gas Locations “[f]or which the COGCC will require the Applicant
to conduct an Alternative Location Analysis pursuant to COGCC Rule 304.b.(2).B.i. through viii.
and x.,” an Oil and Gas Permit is required for the South Leverich 13-09 pad.
Article IX, § 9-204.B.1.g. Evidence of Liability Insurance:
A Certificate of Liability Insurance is included in Appendix D. The provided insurance certificate
meets the requirements of Garfield County’s Oil and Gas Code 9-211.
Article IX, § 9-204.B.1.h. Report, Study, or Plan Assessing Impacts:
A copy of the Cumulative Impacts Plan (CIP) is included with the COGCC Form 2A plans and
documentation in Appendix L. The CIP and the other Plans associated with the COGCC Form 2A
satisfy the requirements of this section of the Oil and Gas Code. A Transportation Plan/Traffic
Study is also included which addresses “potential impacts on County service and facilities” and
the requirement in this specific section of the Oil and Code. Electricity will be supplied via
portable generators during the drilling and completions phases of the project. Solar power will
be utilized to energize any necessary equipment associated with production operations on the
location.
Article IX, § 9-204.B.1.i. Additional Information Requested by Garfield County:
As a result of the Pre-Application Conference with Garfield County on September 15, 2021, and
TEP’s review of the provided Pre-Application Conference Summary Letter, Garfield County
requested additional information be included with the application in addition to the materials
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required by section 9-204 of the Oil and Gas Code. These requests for additional information
will be addressed individually below. A copy of the Pre-Application Conference Summary Letter
is included in Appendix F.
• Garfield County staff requested “An updated narrative summary to include any
landowner/stakeholder conversations, Surface Use Agreements (SUA) and/or lnformed
Consent documents.” TEP has provided details pertaining to this in the project narrative
above and has also included a summary of the neighborhood meeting, per Oil and Gas
Code 9-203.D in Appendix G. A copy of the Memorandum of the Surface Use Agreement
between Gordman Leverich Limited Liability Partnership and TEP Rocky Mountain LLC
and copies of the Informed Consent Letters are included in Appendix H and Appendix I.
• Garfield County staff also requested “updated Alternative Location Analysis Data Table
and additional narrative to include the regulated setback distances.” A copy of the
Alternative Location Analysis, per COGCC Rule 304.b.(2), is included in Appendix K.
Additional details pertaining to the COGCC regulated setback distances are included in
the project narrative.
COGCC Rule 604, Setbacks and Siting Requirements, provides the basis for siting
considerations for all Oil and Gas Locations. The following outlines the setback
requirements listed under 604 and if the South Leverich 13-09 pad is in compliance with
the rule:
1. COGCC Rule 604.a.(1): Requires new wells to be located more than 200 feet from
buildings, public roads, above ground utility lines, or rail roads. The South
Leverich 13-09 pad is in compliance with this setback requirement.
2. COGCC Rule 604.a.(2): Requires new wells to be located more than 150 feet from
the property boundary line. The South Leverich 13-09 pad is in compliance with
this setback requirement.
3. COGCC Rule 604.a.(3): Requires the working pad surface of an oil and gas
location to be located more than 2,000 feet from School Facilities or Child Care
Centers. The South Leverich 13-09 pad is in compliance with this setback
requirement.
4. COGCC Rule 604.a.(4): Requires the working pad surface of an oil and gas
location to be located more than 500 feet from Residential Building Units. The
South Leverich 13-09 pad is in compliance with this setback requirement.
5. COGCC Rule 604.b.: Requires the working pad surface of an oil and gas location
to be located more than 2,000 feet from a Residential Building Unit, unless
additional conditions are met. The South Leverich 13-09 pad satisfies this rule by
obtaining informed consent from the Residential Building Unit owners.
• Garfield County staff also requested that TEP provide “documentation from City of Rifle
on the decommissioning of public water source.” A copy of the amended City of Rifle
Ordinance 7-2018 is included in Appendix J regarding the decommissioning of the
Beaver Creek Water Plant and the water supply intake.
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•Garfield County staff also requested “cumulative impact percentages including the
extent of disturbances from planned development.” Please see the Cumulative Impacts
Plan included within the COGCC Form 2A documentation in Appendix L.
•Garfield County staff noted that “TEP will conduct a neighborhood meeting.” TEP
conducted the required Neighborhood Meeting on October 28th, 2021, with all surface
owners and tenants within 2,000 feet of the South Leverich 13-09 pad. As discussed in
the project narrative section above, details pertaining to this meeting are included in
Appendix G.
•Garfield County staff stated that “TEP will complete and submit an Agreement to Pay
form to ensure reimbursement to the county for all application and pre-application third-
party and staff review expenses.” A copy of the executed Garfield County Payment
Agreement Form is included in Appendix M.
•Garfield County staff requested that TEP provide “a detailed traffic study as identified in
the Garfield County Land Use Development Code Table 4-201, including roadways,
conditions, and access.” As previously mentioned in the section pertaining to Oil and
Gas Code 9-204.B.1.h (Report, Study, or Plan Assessing Impacts), a Transportation Plan/
Traffic Study is included in Appendix L with the other COGCC Form 2A documentation.
•Garfield County staff requested that TEP include “Any additional studies or analysis that
are being conducted by TEP in support of the permit application to COGCC per Rule
304.b.(2).C and Rule 304.b. (3) through (15) inclusive, except NOT Rule 304.b. (7)(D)
(Preliminary Flow Diagrams) and (7)(H) (Directional Well Plat) should be included for
review by Garfield County.” A copy of the Alternative Location Analysis which was
prepared for the COGCC Form 2A is included in Appendix K. All the required application
materials listed within Oil and Gas Code 9-204.B.2.a and 9-204.B.2.b are included with a
copy of the submitted COGCC Form 2A in Appendix L.
Article IX, § 9-204.B.1.j Statement of Authority:
A copy of the executed and notarized Garfield County Statement of Authority and Power of
Attorney for TEP’s Jeffrey D. Kirtland are included in Appendix E.
Article IX, § 9-204.B.1.k Application Fees:
The appropriate fees associated with this Oil and Gas Permit application are included with this
submittal.
Article IX, § 9-204.B.2.a – c,. Information Required by COGCC, et. al., and Traffic Study:
The required plans submitted to COGCC with the Oil and Gas Development Plan and Form 2A,
including the Traffic Study, are included in Appendix L:
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•Submitted Form 2A and Attachments
•Noise Mitigation and Monitoring Plan – Rule 304.c.(2).
•Lighting Mitigation Plan – Rule 304.c.(3).
•Odor Mitigation Plan – Rule 304.c.(4).
•Dust Mitigation Plan – Rule 304.c.(5).
•Transportation Plan – Plan (Rule 304.c.(6).
•Operations Safety Management Plan – Rule 304.c.(7).
•Emergency Response Plan – Rule 304.c.(8).
•Waste Management Plan – Rule 304.c.(11).
•Topsoil Protection Plan – Rule 304.c.(14).
•Stormwater Management – Plan (Rule 304.c.(15).
•Reclamation Plan – Plan (Rule 304.c.(16).
•Wildlife Protection Plan – Plan (Rule 304.c.(17).
•Water Plan – Plan (Rule 304.c.(18).
•Cumulative Impact Plan – Plan (Rule 304.c.(19).
Appendix A: Land Use Change Permit Application Form
Table of Contents
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION
Administrative Review Development in 100-Year Floodplain
Limited Impact Review Development in 100-Year Floodplain Variance
Major Impact Review Code Text Amendment
Amendments to an Approved LUCP
LIR MIR SUP
Rezoning
Zone District PUD PUD Amendment
Minor Temporary Housing Facility Administrative Interpretation
Vacation of a County Road/Public ROW Appeal of Administrative Interpretation
Location and Extent Review Areas and Activities of State Interest
Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act
Pipeline Development Variance
Time Extension (also check type of original application)
INVOLVED PARTIES
Owner/Applicant
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
Representative (Authorization Required)
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
PROJECT NAME AND LOCATION
Project Name:
_____________________________________________________________________________________
Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___
Physical/Street Address: ________________________________________________________________
Legal Description: ______________________________________________________________________
_____________________________________________________________________________________
Zone District: ___________________________________ Property Size (acres): __________________
TEP Rocky Mountain LLC-Jeff Kirtland 970 312-5643
1058 County Road 215
Parachute CO 81635
jkirtland@terraep.com
Oil and Gas Permit Application for TEP's South Leverich 13-09 Oil and Gas Location
Lot 3 and Lot 4 of Section 13, Township 7 South, Range 94 West,
6th P.M., within Garfield County, Colorado.
✔
2 4 0 3 1 8 4 0 0 0 1 4
Rural-Agricultural 525.146
No address listed on assessor's website.
cG Garfield County
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PROJECT DESCRIPTION
REQUEST FOR WAIVERS
Submission Requirements
The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
Waiver of Standards
The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
______________________________________________________ __________________________
Signature of Property Owner or Authorized Representative, Title Date
OFFICIAL USE ONLY
File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________
Existing Use:
__________________________________________________________________________ͺͺͺͺͺͺͺͺͺͺ
Proposed Use (From Use Table 3-403): ____________________________________________________
Description of Project: ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
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&ŽƌƉƉĞĂůŽĨĚŵŝŶŝƐƚƌĂƚŝǀĞ/ŶƚĞƌƉƌĞƚĂƚŝŽŶƉůĞĂƐĞŝŶĐůƵĚĞ͗
Active natural gas production activities
Oil and Gas Drilling and Production
Drill, complete, and operate twenty-one (21) additional natural gas wells on the existing pad.
July 22, 2022
Appendix B: Vicinity Map
Table of Contents
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Legend
")Proposed Oil & Gas Location
Existing Access Road
Existing County Road
Document Path: T:\Projects\Piceance\Rulison\South Leverich 13-09 Pad\Visit 2\S Leverich 13-09 Form 2A 304.c.(03) Light Mitigation Plan - Vicinity Map.mxd
TEP ROCKY MOUNTAIN, LLC
Exhibit prepared by: AT
Date prepared: July 5, 2022
South Leverich 13-09 Pad
Vicinity Map
§
0 0.75 1.50.375 Miles
1 in = 1 miles
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Appendix C: Topographic Map
Table of Contents
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HOOKER SPRING AccessEasement-972358BUREAU
OF LAND
MANAGEMENT
FISCHER,
JOEL &
CINDY
TEP ROCKY
MOUNTAIN LLC
BEAVER CREEK
HIGHLANDS LAND
AND CATTLE TRUST
GORDMAN
LEVERICH,
LLP
MCKEE, ROLAND
PAUL & PAMELA S RAINEY,
MICHAEL
& CHERYL
WHITE RIVER NATIONAL
FOREST
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HAUQUITZ,
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GORDMAN
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ADLER IRA# 13618-11
BAUER,
GEORGE R
CPX PICEANCE
HOLDINGS LLC
TEP ROCKY
MOUNTAIN LLC
KARR,
ELIZABETH
& JOEL
TEP ROCKY
MOUNTAIN LLC
Tepee Park
Ranch Pad
2 Tanks
S. LEVERICH 13-09L3L6L5L2 L1L4
S. LEVERICH
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18
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Legend
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")Residential Building Unit
!(Existing Building
")Ground Water, Well
")Reservoir, Reservoir
")Surface Water, Ditch
")Surface Water, Spring
!(Water Well Constructed
Existing Access Road Easement (972358)
Proposed Working Pad Surface
Proposed Oil and Gas Location
Proposed Gas Pipeline (8")
Proposed Water Pipeline (4")
G Existing Gas Pipeline
W Existing Water Pipeline
Existing Wetland (NWI)
Existing Access Road
Existing County Road
2000' Buffer
2640' Buffer
Parcel Ownership
Existing OIl and Gas Location
Document Path: T:\Projects\Piceance\Rulison\South Leverich 13-09 Pad\Visit 2\S Leverich 13-09 GarCo Permit - Topo Map.mxd
TEP ROCKY MOUNTAIN, LLC
Exhibit prepared by: AT
Date prepared: August 4, 2022
South Leverich 13-09 Pad
Topographic Map
§
0 600 1,200300Feet
1 in = 600 feet
LID Description Distance
(ft.) Direction Location
Source
L1 Existing Intermittent Drainage – WoS 2493 56° (NE) USGS
L2 Nearest Intermittent Drainage – WoS 2255 11° (N) USGS
L3
Nearest Perennial Stream – WoS (USGS)
Nearest Wetland Feature – WoS (NWI)
Nearest Downgradient Surface Water Feature
640 269° (W) USGS
NWI
L4 Existing Spring 2504 303° (NW) DWR
L5 Nearest Existing Spring 1460 50° (NE) DWR
L6 Nearest Existing Water Well – Permit #314384 1089 267° (W) DWR
Lot 3 & Lot 4 of Section 13
Township 7 South, Range 94 West 6th P.M.
Note: 1) Th e South Leverich 13-09 pad is located with in th e extern al buffer for th e Beaver Creek Surface W ater Supply Area (411.a); h owever, Beaver Creek is n o lon ger a Public W ater Supply for th e City of Rifle an d th e facility h as been decom m ission ed. 2) Th e proposed oil & gas location is greater th an 15 stream m iles from th e n earest active down gradien t Public W ater Supply In take. 3) Th ere are n o GUDI W ells, Type III Aquifer W ells, or COGCC Rule 411 Buffer Zon es with in 2,640 feet of th e proposed W orkin g Pad Surface. 4) Nearest down gradien t wetlan d is approxim ately 640’ n orth west of th e proposed oil an d gas location alon g Beaver Creek.
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Appendix D: Certificate of Liability Insurance
Table of Contents
All policies include a blanket automatic waiver of subrogation endorsement [provision] that provides this featureonly when there is a written contract between the named insured and the certificate holder that requires it. Inthe absence of such a contractual obligation on the part of the named insured, the waiver of subrogation featuredoes not apply.
CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required)
ACORD 25 (2016/03)Certificate Holder ID: 18590918
Appendix E: Garfield County Statement of Authority / Power of
Attorney
Table of Contents
Garfield County
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Aut hority on behalf of
TEP Ro cky M ounta in LLC a Limited Liability Co mpany (corporation, limited
liability company, general partnership, registered limited liability partnership, registered limited liability
limi ted partnership, limited partnership association, government agency, trust or other), an entity other
than an individ ual, capable of holding title to real property (the "Entity"), and states as follows:
The name of the Entity is _T_E_P_R_oc _ky.:....M_o_u_n _ta _in_L _Lc ____________________ _,
and is formed under the laws of _D_e_la_wa_r_e _____________________ _
The mailing address for the Entity is 3050 Po st Oak Blvd, Suite 1500, Hou ston, TX 77056
The name and/or position of the person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the Entity is _J_eff_re..:...y_o_. K_i _rtla_n_d _______ _
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None"): _N_on_e ___________ _
Other matters concerning the manner in which the Entity deals with any interest in real property are (if
no other matter, leave this section blank): _____________________ _
EXECUTED this _1_st __ day of _Ju_n_e _________ , 20 22
Signature: � if;: (,11;.�---
Name (prin� j"oH.u /c. 81?.o<..vv
Title (if any): _ _..:�c>c,,,c_ ___________ _
STATE oF le x"' s
COUNTY OF /-ti/\ r c,· '.)
)
)SS.
)
oing instrument was acknowledged before me this / �..,-day of ::Gt, t-J c..., 20 Z.. '2...
o ( . I , on behalf of 1< ff r:� I D. � + ( 14 ,::,,1 J, , a
Witness my hand and official seal./ My commission expires: s /2-7 2 '(
(Date)
MELODY A LANIER
Notary lq!r,d.�11259
My Commth'ion 'expires March 27, 2025
ce -----i
_.
,... .,..,
I I ' I ' '
962466 09/01/2021 11 :49:52 AM Page 1 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $0.00 eRecorded
POWER OF A TIORNEY
KNOW ALL PERSONS RY THESE PRESENTS:
THAT TEP ROCKY MOUNTAIN LLC. a Delaware limited liability company. hereby nominates,
constitutes. and appoints Jeffrey D. Kirtland. as its tnie and lawful Attorney-in-Fact to execute and deliver
in the name and on behalf of TEP ROCKY MOUNTAIN LLC ("Principal .. ) any of the following
designated instruments or documents in connection with the Principal's operations in exploring for and
producing oil. gas. or other minerals from lands. or interests in lands. owned, held. or claimed by the United
Sates. and state or political subdivision thereof, any person. corporation. partnership or legal entity:
A.(I) Applications for permits or leases: (2) consents. stipulations. or agreements in connection with
the issuance of permits or leases: (3) acceptances of leases. subleases. or permits: (4) acceptances of all
instruments transferring leases. offers to lease. permits. applications for permits. or subleases. or an interest
in any of these (including assignments of working or royalty interests) to Principal.
B.Applications for extensions or renewals of leases and permits.
C.(I) Prospecting. seismic, or exploration pennits; (2) instruments in connection with the acquisition
or maintenance of prospecting, seismic. or exploration pennits.
D.Instruments withdrawing applications for leases or permits.
E.(I) Requests for rights-of-way and surface use permits; (2) acceptance of grants of rights-of-way
and surface use permits. including any stipulations or condition in the grants; (3) any statements that may
be required in connection with applications for rights-of-way and surface use permits.
F.Requests for extension of time in which to drill wells.
Principal agrees to be bound by all representations the Attorney-in-Fact may make in any instniment or
document he or she is authorized to execute and deliver under this Power of Attorney. Principal hereby
waives any defenses available to it to contest. negate, or disaffirm the actions of its Anomey-in-Fact under
this Power of Attorney.
This Power of Attorney is effective July I, 2021 and shall continue in full force and effect until revoked in
writing and has the same force and effect as if the Principal granted separate special authority to the named
Attorney-in-Fact to execute and deliver each such instrument or document separately for each and every
such instniment or document so execute and delivered.
EXECUTED by Principal on this JJJ_ day of August 2021
Terra Energy Partners LLC as sole member of
TEP ROCKY MOUNTAIN LLC
AGREED TO AND ACCEPTED
BY:
BY:ichadS.Land
ITS: President and CEO
Jeffrey D. Kirtland
Attorney-in-fi'act
' l I I I
ti I I
962466 09/01/2021 11 :49:52 AM Page 2 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $0.00 eRecorded SlAlT OF TEXAS COU\:TY OF HARRIS ACKNOWLEDGEMENT This instrument was acknowledged before me on L:1._; ���{ ,/ {:_ . 2021 by Michael S. Land. knownto me to he the President and CEO of Terra Energy "Partner,; LLC a!> sole member of TEP ROCKY MOUN LJ\IN LLC a Delaware corporation. on behalf of the corporation. (Notary Seal)
MELODY A LANIER
Notary 10 .lf5311US9
My Col'llmfstion [xpw�
March 21, 202!1
I
I
I
Appendix F: Garfield County’s Pre-Application Conference Summary
Letter
Table of Contents
Gar.field County
October 6, 2021
Mr. Jeffrey D. Kirtland
Regulatory Manager
TEP Rocky Mountain LLC
1058 County Road 215
Parachute, CO 81635
Community Development Department
RE. Pre-Application Conference Summary, Garfield County and TEP Rocky Mountain, LLC.
Attendees:
Garfield County
Shery Bower, AICP, Community Development Director
Glenn Hartmann, Principal Planner
Kirby Wynn, Oil and Gas Liaison
Trisha Fanning, Consultant, Ardor Environmental LLC
Jessica Donahue, Consultant, Ardor Environmental LLC
TEP Rocky Mountain, LLC
Jeff Kirtland, Regulator Manager
Adam Tankersley, Planning Manager
Michael Jewel, Attorney
Brian Macke, Vanoco Consulting, LLC
Wade Haerle, Vanoco Consulting, LLC
Colorado Oil and Gas Conservation Commission
Sabrina Trask, Sr. Oil and Gas Location Assessment Specialist
Dave Kubeczko, Western Location Specialist
Brian Christopher, Oil and Gas Location Assessment Specialist
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
Summary
Per Garfield County Land Use and Development Code, Division 2. Oil and Gas code amendments
adopted July 6, 2021, on September 15, 2021, Garfield County and its representatives held a pre
application conference with TEP Rocky Mountain, LLC. ("TEP") and representatives from the
Colorado Oil and Gas Conservation Commission ("COGCC"). Garfield County Land Use and
Development Code Section 9-203.A. requires a pre-application process for all new or modified oil
and gas operations. The required pre-application conference was held in advance of the
anticipated submittal of TE P's application for an oil and gas permit with the COGCC for their South
Leverich 13-09 Pad located in Township 7 South, Range 94 West, 6th P.M., Section 13:
SW¼NE¼, Garfield County, Colorado.
On September 1, 2021, TEP representative Adam Tankersley requested, in writing, a Pre
Application Conference with Garfield County per Section 9-203.A. Included in TEP's request was
the Pre-Application Request Letter and the Pre-Application materials required per Section 9-
203.B.1 of Garfield Land Use Code, which included the Alternative Location Analysis Narrative,
Alternative Location Analysis Exhibits, and an Alternative Location Analysis Data Table. Garfield
County set and confirmed the pre-application conference for September 15, 2021, at 2:00 PM.
On September 15, 2021, Garfield County its representatives hosted the pre-application
conference which included representatives from TEP and the COGCC. TEP presented their
proposed permit location for South Leverich 13-09 Pad. The permit requires an Alternative
Location Analysis ("ALA") under COGCC Rule 304.b.(2).8 1 due to the location's proximity being
within 2,000 ft. of Building Units ("BU"). As part of TEP's presentation, representatives discussed
the alternative locations reviewed as part of ALA process, presented the advantages and
disadvantages of each location, and answered questions. TEP's ALA included the evaluation of
two (2) alternative locations within the vicinity of the proposed South Leverich 13-09 pad. The
ALA conducted by TEP included the evaluation of all ALA criteria listed under Rule 304.b.(2).B
and the well location and siting requirements under Rule 604. Additionally, TEP evaluated each
alternative based on landscape level characteristics (i.e. slope) and mineral development
potential.
South Leverich 13-09 Pad
The South Leverich 13-09 Pad is an existing oil and gas location located within Lot 3 and Lot 4 of
Section 13, Township 7 South, Range 94 West, 6th P.M. and currently supports production
operations for four (4) existing natural gas wells. TEP is proposing to reconstruct and expand the
existing South Leverich 13-09 pad to develop twenty-one (21) additional natural gas wells. The
South Leverich 13-09 Pad is located on private surface (Gordman Leverich, LLP). TEP stated
the advantages for the proposed location as follows:
1)An existing oil and gas location.
1 COGCC Rule 304.b.{2) B. FORM 2A, Oil and Gas Location Assessment Application Information Requirements. All Form 2As will include the
following information, unless otherwise provided in a Commission Order approving a CAP pursuant to Rule 314. Alternative Location Analysis.
B. Alternative Location Analysis Criteria.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970)945-8212
2)New surface disturbance would be minimized.
3)The location maximizes mineral development potential and the use of existing
infrastructure.
4)Distance to Residential Building Units. (Nearest building unit is 1,160 feet)
5)Residential Building Unit owners will have the opportunity to provide signed informed
consent for this location.
6)Initiated a Surface Use Agreement.
7)Location is outside of High Priority Habitat.
8)Location is outside of Disproportionately Impacted Communities.
9)Location is within the External Buffer of the Beaver Creek surface water supply area; City
of Rifle Ordinance 7-2018 eliminated the Beaver Creek potable water diversion point.
TEP also discussed what their evaluation showed as the sole disadvantage:
1)The South Leverich 13-09 pad is located within 2,000 feet of four (4) residential building
units.
The ALA process also required TEP to review two other possible locations. Proposed Alternative
1 would be a new Oil and Gas Location located on private surface (Gordman Leverich, LLP) within
Lot 2 of Section 13, Township 7 South, Range 94 West, 6th P.M. and Alternative 2 is located on
private surface within SW¼SW¼ of Section 13, Township 7 South, Range 94 West, 6th P.M.
TEP evaluated the advantages and disadvantages of each proposed alternative. Based on their
evaluation and the currently available information, TEP believes that the South Leverich 13-09
pad is the best possible oil and gas location for development of the proposed minerals and will be
the best location to minimize the overall impacts to public health, safety, welfare, the environment
and wildlife resources.
During the pre-application conference, TEP discussed their overall plan for development of the
proposed location. The proposed site is one of two future locations that will be part of TEP's
COGCC OGDP application. The South Leverich 13-09 Pad is an existing pad, with four producing
wells. As part of the development of the pad TEP would need to install off-location produced
water lines from the existing pad up to the SR 43-12 pad, located to the north of the South Leverich
pad. The SR 43-12 pad has an existing tank battery for production operations that TEP will utilize
for their operations. The applicant would also need to install a gas line to the south of the existing
South Leverich pad, which would tie into an existing Summit 12" gas line. Summit would be in
charge of the installation of the new tie-in line. Well completions would be conducted remotely
from the RU-44-7 pad, which is also an existing location and would not require any expansion.
Temporary surface frac lines will be installed from the RU-44-7 pad to the South Leverich pad
using existing roads and pipeline rights-of-way.
TEP also held initial conversations with Colorado Parks and Wildlife ("CPW') and the Bureau of
Land Management ("BLM") in April of 2021 and in June of 2021 to discuss the proposed
development plan.
There will be slight expansion of the existing pad to the north and west to support the proposed
additional wells. As part of the ALA evaluation process, TEP evaluated all possible impacts of
the proposed expansion identifying the only issues as being the Building Units within 2000' of the
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970)945-8212
location and the public water supply intake at Beaver Creek which had been previously
decommissioned by the City of Rifle. All necessary documentation for the foregoing will be
provided by the applicant.
There are four building units within proximity of the South Leverich 13-09. Most of the BUs are
not occupied full-time, apart from the Scott and Cindy Fischer property, which will require TEP to
get a surface use agreement and informed consent.
TEP presented their Well Siting Optimization Map which defines their optimal reach for lateral
wells. The map illustrates the maximum reach as being ~3,500 ' at the South Leverich 13-09 pad,
allowing for the most optimal reach for all the proposed 21 wells. Proposed alternative location
(1) can only reach 17 bottom hole locations and proposed alternative (2) Is only capable of
reaching 13 bottom hole locations . There is also a cabin in close proximity to proposed alternative
(2).
Evaluation of High Priority Habitat ("HPH") is required when located in proximity to a proposed
location. TEP evaluated the HPH as required by rule and concluded that there will be no
substantial impact. There will be resulting traffic from this development, and TEP has put together
a mitigation plan which has been approved by CPW. With regard to the Beaver Creek external
buffer for public water system intake, the City of Rifle has relinquished ownership and use of the
intake and related documentation will be provided with the application. Additionally, other water
resources were represented on the map and TEP will provide details on the proximity to existing
surface water and springs for each location.
At the conclusion of the TEP presentation Garfield County initiated questions. Mr. Wynn wanted
clarification on the bottom hole reach limitations for both alternative locations which TEP provided.
Ms . Fanning, consultant working on behalf of Garfield County , asked about what BMPs were
planned given the proposed location's proximity to aquatic species. TEP clarified that BMPs will
be covered in their wildlife protection plan. Garfield County also requested TEP to update all their
tables to provide the specific metrics specified in the rules for measuring distances to building
units, surface waters, etc. in order to provide transparency to the public and other stakeholders.
Additionally, Garfield requested clarification surrounding the Re.aver Creek public water system
intake to confirm it will no longer be utilized as future source of water. TEP agreed to provide
documentation in the final application . Additionally, Ms. Fanning noted that the wells are both fee
and federal mineral and questioned if a NEPA analysis had been conducted. TEP stated that the
NEPA analysis has not yet been conducted and BLM will be facilitating the study which should
commence within the month of October. Further, this will be a single occupancy submittal and
TEP is meeting with the BLM on September 28th .
Regarding Alternative Location (2), TEP stated the location is within 500' of a Building Unit and
would require informed consent to proceed. TEP met with landowners, the McKee family, and
noted that they would likely not agree to the proposed site. As TEP would need both surface
owner consent and waiver, TEP's other location proves to be a more appropriate location. Garfield
County representative Glenn Hartmann requested that an additional narrative regarding the
communication with landowners and neighbors be included in the application as it would be
applicable to any final decision. Mr. Hartmann also requested additional information associated
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
with the development's infrastructure (e.g., pipelines/flowlines) be included. TEP spoke to the
existing location's infrastructure already in place and what additional infrastructure would be
needed to re-develop the existing pad 's limited expans ion.
Ms . Sheryl Bower asked whether additional permitting for right of ways be needed and TEP stated
that both alternative locations will require significantly more disturbance than the one being
proposed. The alternative locations are not locations with any in-place infrastructure and
Alternative (2) would require installation of all new pipelines . Mr. Hartman also asked if TEP was
able to quantify the amount of additional disturbance that would be needed, i.e ., estimate the
extent of the disturbance based on more site-specific impacts. (acreage, material, areas of
reclamation, etc.).
Ms. Bower requested TEP discuss their traffic plans. TEP noted that traffic will increase during
drilling and completion phases and will utilize county roads . TEP did not have exact traffic counts
available at the conference but committed to having the information available at the time of
application. Mr. Hartmann made specific note that Garfield County will require a detailed traffic
analysis , including roadways , conditions , and access and any mitigation available .
COGCC representatives also requested supplemental information from TEP. Ms. Sabrina Trask
asked TEP to discuss applicable Colorado Parks and Wildlife ("CPW') BMPs and further if any of
those BMPs would have associated timing limitations. TEP stated that there were no specific
wildlife timing limitations since these sites are not within HPH. Ms. Trask then followed up about
the single occupation for the permit and what the anticipated timeline is for the operations to start .
TEP stated that their plan would be to commence pad construction in June of 2022, with planned
spudding in August 2022.
Mr. Hartmann requested confirmation of the number of locations proposed. TEP confirmed there
will be two locations requiring a Form 2A , with only one of those requiring an ALA . The RU-44-
77 pad will require a Sundry for the applicant to use the pad as a remote frac site . The SR-43-12
existing location should only require a Sundry submittal. All locations are existing pads.
The proposed Honey 19-05 pad that does not require an ALA will be developed first , and the
South Leverich 13-09 pad construction will be subsequent. The timing represented is inclusive
of the permit prep as well as the time to construct. TEP plans to submit the permits concurrently
with Garfield and COGCC. The current plan is to submit the COGCC OGDP application prior to
getting Garfield County approval but this will not delay the review at the COGCC. Ms. Bower
clarified that the County review time is business days not calendar days to clarify the number of
days identified in TEP 's current Gant chart.
Further discussion was had on the TEP representation of the distances to HPH, surface water,
and aquatic habitat. Garfield made clear that additional narrative is necessary explaining the
table, distances, and plans to be included in their application.
Lastly, TEP had submitted a list of questions prior to the pre-application conference . Those
questions and answered to those questions are detailed in the Table I below.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 8160 I
(970) 945-8212
Tab le I. TEP Roc ky Mountain, LLC Questions to Garfie ld County
Table I. TEP Rocky Mountain, LLC Questions to Garfield County
TEP Questlon(s) Garfield County. Response(s)
Oil and Gas Permit -Does . Garfield Yes; form will be provided .
County have a form that the operator
needs to fill out and submit as the
application, or is the permit submitted
via a letter from the operator?
Pre-Application Conference
a. During the pre-application No, not at the pre-application conference.
conference will the group (TEP,
GarCo, and COGCC) come to a
consensus on the preferred location
based on the Alternative Location
Analysis submitted by TEP?
b. How many alternative locations All technically feasible alternative
need to be analyzed in the ALA? Are locations;
the ones TEP has selected sufficient no determination yet. Garfield County
for this application? wants to want to see legitimate alternative
locations.
C. Will COGCC ask for additional Garfield county cannot speak to COGCC;
locations, and if so, how will Garfield If COGCC rules out an alternative location
County application process be that we support, and if the operator must
impacted? provide additional locations to COGCC,
we should look at them.
Table I. TEP Rocky Mountain, LLC Questions to Garfield County
TEP Questlon(s) Garfield County Response(s)
Neighborhood Meeting:
a. COGCC does not require a No, COGCC bases need for
neighborhood meeting. GarCo has neighborhood meeting strictly on if there
expanded the scope to all surface are existing building units. Raw
owners within 2000' and not just RBUs undeveloped land dopes do not trigger a
within 2000'. Does GarCo recognize neighborhood meeting and the surface
this and what was the intent behind the owner of raw land does not have to be
inclusion of all surface owners? invited. (In essence there needs to be
human neighbors living/congregating on
the land).
b. Do the notices have to be sent with Yes -read receipt.
a return receipt as confirmation that No -to pad alternatives
the surface owner received the
notice? Also, does TEP need to send
out notice to each of the pad
alternatives (2,000 feet of each
alternative) as well?
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
c. What is an appropriate place to hold Location of neighborhood meeting is up to
the neighborhood meeting? the operator.
d. What type of meeting does the Townhall type; it's the operators meeting,
county expect? Questions in writing or County staff will not be an active
open discussion? Will the county participant (if they even attend).
speak at the meeting? Is this meeting
open to the Public or just the people
invited per the notifications?
e. If a Building Unit Owner/Surface Garfield County will take it into
Owner/tenant protest the preferred consideration in our recommendation and
pad , how does that impact the permit most likely recommend denial.
moving forward?
f. Regarding the meeting "written Garfield County would like to have
summary", how does the county want documentation of who attended, what
that to look? Meaning word for word or happened, issues brought up and
just recap of meeting? responses; summarize the meeting.
g. Regarding the audio recording, is Garfield County prefers issues were
the intent to simply collect questions addressed prior to the application being
and concerns from participants for submitted.
County staff to examine with the
application materials? Or is the
purpose of the meeting to collect
feedback and resolve any concerns
prior to submitting the application?
Table I. TEP Rocky Mountain, LLC Questions to Garfield County
TISP Qur.etfR,~) Garfffsllli Ool!J\Jllfl •~vo•«:CSJJ
h. Do referral agencies need to be If the applicant wants to include anyone
included in the neighborhood else, it's up to the ApplicanUOperator.
meeting? BLM is involved in the
application but is not a surface owner;
should they be included in the
notifications?
Staff Comments/Written Summary:
a. In Section 9-203.E, the Code states
that the application will be treated as a
"Limited Impact Review" and will be Applicable requirements are in Section 9-
subject to the review procedures in the 204.B.(1)
LUDC, Table 4-102 . Do the
application submittal requirements
listed under Table 4-201 apply to O&G
Application or just the requirements
listed Section 9-204 .B .(1)?
Oil and Gas Permit Application Materials:
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
a. Where does the GarCo see
execution of the SUA and informed
consent from RBUs within 2000'
during the permitting process (before
or after permit approval)? And does
the SUA and informed consent from
RBUs within 2000' need to be
provided to GarCo in the permit
application? Informed consent is
required per COGCC Rule 604.b.(1).
No mention of this in GarCo Oil and
Gas Code.
b. Need additional dialog and clarity
around Section 9-204.B.1.f "legal and
factual grounds for the variance or''
ALA.
c. The operator is required to provide
a summary of potential impacts to
public health, safety, welfare, wildlife
and the environment in the ALA for
each alternative location. Does the
operator need to provide any
additional report or study as required
by Section 9-204.B.1.h?
TEP approval will be pending having
received informed consent and SUA; need
SUA in place for our application
consideration.
A simple explanation for why a variance or
an ALA is required will suffice
Garfield County would like to review the
cumulative impact reports and any other
prepared reports required by COGCC to
make an informed decision.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
Table I. TEP Rocky Mountain, LLC Questions to Garfield County
TEP Question(s) Garfield County Response(s)
d. Does the applicant need to provide Narrative is good and possibly a timetable
a summary of proposed operations in outlining the operational timelines, subject
the application (type of work, timing, to change.
etc.)? Maybe capture this in a
narrative or in a letter submitted with
the permit?
Referral Agency
a . Which agencies will be referral COGCC, DWR, CPW, BLM, and other
agencies associated with review of agencies and stakeholders etc., as
this application? COGCC, ...... appropriate.
Timing of Permit
a. What is the estimated timeframe of It really depends on the application and
a permit going through the process of the completeness/compliance of the
being approved/denied? submittal.
b. If the permit is approved, what can Resolution stating the approval
TEP expect from the county
documentation wise?
c. If a permit is denied, what are the Resolution stating the denial to COGCC .
next steps?
Summary of Staff Comments
During the Pre-Application conference it was confirmed the proposed location will require a county
Land Use Change permit. TEP to provide in their application all required documentation per Article
9 Section 204 in support of their proposed and alternative locations including all items as stated
in the foregoing summary. TEP will further provide the following with their application:
• An updated narrative summary to include any landowner/stakeholder conversations,
Surface Use Agreements ("SUA'') and/or Informed Consent documents;
• An updated Alternative Location Analysis Data Table and additional narrative to include
the regulated setbacks distances;
• Documentation from City of Rifle on the decommissioning of public water source,
• Cumulative impact percentages including the extent of disturbances from planned
development;
• TEP will conduct a neighborhood meeting;
• TEP will complete and submit an Agreement to Pay form to ensure reimbursement to the
county for all application and pre-Application third-party and staff review expenses.
• A detailed traffic study as identified in the Garfield County Land Use Development Code
Table 4-201, including roadways, conditions, and access;
• Any additional studies or analysis that are being conducted by TEP in support of the permit
application to COGCC per Rule 304.b.(2)(C) and Rule 304 .b. (3) through (1) inclusive,
except NOT Rule 304.b. (7)(0) (Preliminary Flow Diagrams) and (?)(H) (Directional Well
Plat) should be included for review by Garfield County;
108 E ighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
Appendix G: Summary of Neighborhood Meeting for the South Leverich
13-09 Pad
Table of Contents
TER
October 18th, 2021
CPX Piceance Holdings LLC
Attn: Nick Kurtenbach
34 South Wynden Drive, Suite 240
Houston, Texas 77056
TEP Rocky Mountain LLC
1058 County Road 215
Parachute, CO 81635
RE: Invitation -TEP Rocky Mountain LLC -October 28th from 6 pm to 8 pm
Dear Mr. Kurtenbach:
TEP Rocky Mountain LLC ("TEP") would like to invite you to an open house meeting on the
night of October 28 th to discuss our Garfield County Oil and Gas permit application regarding
the existing South Leverich 13-09 Pad Location located in Lot 3 (NE¼SE¼) and Lot 4
(SE¼SE¼) of Section 13 in Township 7 South, Range 94 West, 6 th P.M. This permit application
is for drilling new wells on the existing South Leverich 13-09 pad. Per the new Garfield County
Land Use Change Rules, TEP is required to have a neighborhood meeting to provide detailed
information on the permit application to Garfield County and to receive input from adjacent
property owners.
The address for the meeting is:
Garfield County Department of Human Services Building
Roan Plateau Conference Room
195 W. 14th Street, Rifle, CO 81650
If you have any question regarding the meeting, please contact me on (970) 263-2754 (0) or
(970) 361-2006 (C) or by email at bhotard@terraep.com. I look forward to seeing you on October
23th_
Sincerely,
Bryan S. Hotard
Surface T earn Lead
Page 1 of 1
TER
October 18th , 2021
Joel and Cindy Fischer
3001 Grand Avenue
Glenwood Springs, Colorado 81601
TEP Rocky Mountain LLC
1058 County Road 215
Parachute, CO 81635
RE: Invitation -TEP Rocky Mountain LLC -October 28 th from 6 pm to 8 pm
Dear Joel and Cindy Fischer:
TEP Rocky Mountain LLC ("TEP") would like to invite you to an open house meeting on the
night of October 28 th to discuss our Garfield County Oil and Gas permit application regarding
the existing South Leverich 13-09 Pad Location located in Lot 3 (NE¼SE¼) and Lot 4
(SE¼SE¼) of Section 13 in Township 7 South, Range 94 West, 6th P.M. This permit application
is for drilling new wells on the existing South Leverich 13-09 pad. Per the new Garfield County
Land Use Change Rules, TEP is required to have a neighborhood meeting to provide detailed
information on the permit application to Garfield County and to receive input from adjacent
property owners.
The address for the meeting is:
Garfield County Department of Human Services Building
Roan Plateau Conference Room
195 W. 14th Street, Rifle, CO 81650
If you have any question regarding the meeting, please contact me on (970) 263-2754 (0) or
(970) 361-2006 (C) or by email at bhotard@ terraep.com. I look forward to seeing you on October
28th_
Sincerely ,
Bryan S. Hotard
Surface T earn Lead
Page 1 of 1
TER
October 18th , 2021
Joel and Elizabeth Karr
48 Casa Del Monte Court
Glenwood Springs, Colorado 81601
TEP Rocky Mountain LLC
1058 County Road 215
Parachute, CO 81635
RE: Invitation -TEP Rocky Mountain LLC -October 28 th from 6 pm to 8 pm
Dear Joel and Elizabeth Karr:
TEP Rocky Mountain LLC ("TEP") would like to invite you to an open house meeting on the
night of October 28 th to discuss our Garfield County Oil and Gas permit application regarding
the existing South Leverich 13-09 Pad Location located in Lot 3 (NE¼SE¼) and Lot 4
(SE¼SE¼) of Section 13 in Township 7 South, Range 94 West, 6th P.M. This permit application
is for drilling new wells on the existing South Leverich 13-09 pad. Per the new Garfield County
Land Use Change Rules, TEP is required to have a neighborhood meeting to provide detailed
information on the permit application to Garfield County and to receive input from adjacent
property owners.
The address for the meeting is:
Garfield County Department of Human Services Building
Roan Plateau Conference Room
195 W. 14th Street, Rifle, CO 81650
If you have any question regarding the meeting, please contact me on (970) 263-2754 (0) or
(970) 361-2006 (C) or by email at bhotard@terraep.com. I look forward to seeing you on October
28th _
Sincerel y,
Bryan S. Hotard
Surface Team Lead
Page 1 of 1
TER
October 18th , 2021
Michael and Cheryl Rainey
PO BOX 5
Rifle, Colorado 81650
TEP Rocky Mountain LLC
1058 County Road 215
Parachute, CO 81635
RE: Invitation -TEP Rocky Mountain LLC -October 28 th from 6 pm to 8 pm
Dear Michael and Cheryl Rainey:
TEP Rocky Mountain LLC ("TEP") would like to invite you to an open house meeting on the
night of October 28 th to discuss our Garfield County Oil and Gas permit application regarding
the existing South Leverich 13-09 Pad Location located in Lot 3 (NE¼SE¼) and Lot 4
(SE¼SE¼) of Section 13 in Township 7 South, Range 94 West, 6th P.M. This permit application
is for drilling new wells on the existing South Leverich 13-09 pad. Per the new Garfield County
Land Use Change Rules, TEP is required to have a neighborhood meeting to provide detailed
information on the permit application to Garfield County and to receive input from adjacent
property owners.
The address for the meeting is:
Garfield County Rifle Administration Building
Building D, First Floor Public Meeting Room
195 W. 14th Street, Rifle, CO 81650
If you have any question regarding the meeting, please contact me on (970) 263-2754 (0) or
(970) 361-2006 (C) or by email at bhotard@ terraep.com. I look forward to seeing you on October
28th_
Sincerely,
Bryan S. Hotard
Surface T earn Lead
Page 1 of 1
TER
October 18th, 2021
White River National Forest
PO BOX 948
Glenwood Springs, Colorado 81602
TEP Rocky Mountain LLC
1058 County Road 215
Parachute, CO 81635
RE: Invitation -TEP Rocky Mountain LLC -October 28 th from 6 pm to 8 pm
To Whom it May Concern:
TEP Rocky Mountain LLC ("TEP") would like to invite you to an open house meeting on the
night of October 28 th to discuss our Garfield County Oil and Gas permit application regarding
the existing South Leverich 13-09 Pad Location located in Lot 3 (NE¼SE¼) and Lot 4
(SE¼SE¼) of Section 13 in Township 7 South, Range 94 West, 6th P.M. This permit application
is for drilling new wells on the existing South Leverich 13-09 pad. Per the new Garfield County
Land Use Change Rules, TEP is required to have a neighborhood meeting to provide detailed
information on the permit application to Garfield County and to receive input from adjacent
property owners.
The address for the meeting is:
Garfield County Department of Human Services Building
Roan Plateau Conference Room
195 W. 14th Street, Rifle , CO 81650
If you have any question regarding the meeting, please contact me on (970) 263-2754 (0) or
(970) 361-2006 (C) or by email at bhotard@ terraep.com. I look forward to seeing you on October
28th_
Sincerely ,
~
Bryan S. Hotard
Surface Team Lead
Page 1 of 1
Summary of TEP Rocky Mountain LLC
Neighborhood Meeting for the South Leverich 13-09 Pad Required
by Garfield County Land Use Development Code (Oil and Gas Code) 9-203 D.
On September 15, 2021, Garfield County hosted the TEP Rocky Mountain LLC (“TEP”) pre-application
conference which included representatives from TEP and the Colorado Oil and Gas Conservation
Commission (“COGCC”). TEP presented their proposed permit location for the South Leverich 13-09 pad.
The South Leverich 13-09 pad is an existing oil and gas pad located on private surface within Lot 3
(NE¼SE¼) and Lot 4 (SE¼SE¼) of Section 13, Township 7 South, Range 94 West, 6th P.M. The South
Leverich 13-09 pad currently supports production for four (4) existing natural gas wells and TEP’s new
proposal is to drill twenty-one (21) additional natural gas wells on the pad. One of the Garfield County
Land Use Change permit requirements is that TEP conduct a neighborhood meeting for all parcels
located within 2,000 feet of the proposed South Leverich 13-09 pad.
TEP scheduled a neighborhood meeting on October 28th, 2021 for landowners that are within the 2,000
foot requirement. The meeting was held in the Roan Plateau Room at the Garfield County Department
of Human Services Building from 6pm to 8pm in Rifle Colorado. A summary of the meeting was created
by the TEP contractor Vanoco (Mr. Brian Macke and Mr. Wade Haerle) and is listed below.
The following is a summary of the TEP Neighborhood Meeting that was conducted pursuant to the Garfield
County Land Use Development Code 9-203 D for the existing South Leverich 13-09 Pad.
Meeting Location: Roan Plateau Room, Garfield County Department of Human Services Building, 195 W.
14th Street, Rifle, Colorado.
Meeting Date: October 28, 2021
Meeting Start Time: 6:06 PM MDT
Neighborhood Meeting Notice and Meeting Attendees:
Neighbors who were sent Notice of the Meeting:
Mike and Cheryl Rainey – Landowner
Joel Karr – Landowner
CPX Piceance Holdings LLC (Attn: Nick Kurtenback) - Landowner
Joel and Cindy Fishcer – Landowner
Chris Leverich – Landowner
TEP Rocky Mountain LLC (Attn: Bryan S. Hotard) – Landowner
Neighbors who attended the Meeting: (see attached meeting sign in sheet)
Mike and Cheryl Rainey – Landowner
Bryan Clark (Representing CPX) - Landowner
Cindy Fishcer – Landowner
Chris Leverich – Landowner (was in attendance at meeting but did not add name to sign in sheet)
Garfield County:
Kirby Wynn – Garfield County Oil and Gas Liaison
*TEP asked Mr. Wynn if he would like to attend the meeting so he could witness the first Garfield County
neighborhood meeting per the new Land Use Change rules and see how the new process worked. A formal
certified mail notice was not sent to the county.
TEP Rocky Mountain LLC (TEP) Representatives:
Bryan Hotard – TEP
Adan Tankersley - TEP
Wade Haerle – (Vanoco Consultant to TEP)
Brian Macke – (Vanoco Consultant to TEP)
Existing South Leverich 13-09 Pad Legal description
Township 7 South, Range 94 West, 6th P.M.
Section 13: Lot 3 (NE¼SE¼) and Lot 4 (SE¼SE¼)
Garfield County, Colorado
Meeting Notes:
There were detailed large format maps showing the existing South Leverich 13-09 Pad location and the
surrounding lands, including other existing oil and gas infrastructure, available for review as the meeting
attendees arrived at the meeting and after the meeting.
A hand-out that included all the presentation materials used during the meeting was provided to all of
the meeting attendees. The handouts are attached to this summary.
A video projector and large screen was used for the presentation materials, and the meeting was audio
recorded as required by the Code. A copy of the audio recording will be provided with this summary.
Mr. Hotard opened the meeting with an overview of the purpose of the meeting. He explained that the
purpose of the meeting was to comply with the Garfield County Land Use Development Code
requirements to inform all landowners within 2,000 feet of the proposed oil and gas location of TEP’s
development plans to drill and complete twenty one (21) new wells from the existing South Leverich 13-
09 Pad. He also explained that an important purpose of the meeting was to answer any questions or
concerns by the neighbors regarding the proposed project.
Mr. Tankersley provided a video presentation of a detailed overview of the project. The presentation
included narrative descriptions and he explained TEP’s plans to reconstruct the existing South Leverich
13-09 Pad to drill, complete, and produce twenty one (21) proposed new natural gas wells. He explained
that access to the existing South Leverich 13-09 Pad is via Garfield County Road 317.
Mr. Tankersley described the plans to expand the existing South Leverich 13-09 Pad to accommodate the
twenty one (21) new proposed additional wells. He discussed the plans to install a new eight inch (8”)
natural gas pipeline and a four inch (4”) produced water pipeline, both of which will tie into the existing
pipelines at the Honea Pad. He described how the water line will greatly reduce the need for truck traffic
during the production phase.
Mr. Tankersley described that there are plans to install five (5) four and one half inch (4.5”) steel
temporary surface frac lines from the existing South Leverich 13-09 Pad to the existing RU 44-7 Pad to the
northeast which will be used for remote well completion operations. The RU 44-7 existing pad is located
in the NE¼SE¼ and SE¼SE¼ of Section 7 in Township 7 South, Range 93 West, 6th P.M. He explained how
utilizing the existing RU 44-7 Pad will greatly lessen impacts to the neighborhood during that time because
the RU 44-7 Pad turn off of CR 317 is lower than all the meeting attendee’s property, meaning that all the
completions operations traffic will not be on the upper portion of CR 317 where there houses are.
Mr. Tankersley provided an outline of the estimated timing of all phases of the operations, which included
the South Leverich 13-09 pad and facility re-construction (beginning June 2022, lasting for 2 months);
drilling operations (beginning December 2022, lasting for 4 months); completion operations (beginning
March 2023, lasting for 5 months); production operations (beginning July 2023, lasting for the life of the
wells); interim reclamation (beginning November 2023, lasting for 1 month) and final reclamation
(following the plugging and abandonment of the wells).
Mike Rainey asked questions about how road maintenance would be conducted, and referenced a recent
truck accident. Mr. Hotard responded that TEP intends to work closely with the County to help with road
maintenance, and that truck drivers are given instructions to abide by the slower speed limits in the area.
Mr. Tankersley provided a presentation about the oil and gas siting considerations that were given during
the Alternate Location Analysis (“ALA”) that was performed to comply with Colorado Oil and Gas
Conservation Commission (“COGCC”) requirements. He explained that the considerations were
subsurface constraints that affect well counts from a site, the use of existing oil and gas locations, the use
of existing facilities and pipeline infrastructure, topography, proximity to resources such as wildlife habitat
and water resources, and proximity to Residential Building Units, High Occupancy Building Units,
Disproportionately Impacted Communities, schools, and other such features. He explained that TEP
prefers to utilize existing oil and gas locations whenever possible to minimize the overall footprint of their
operations on the landscape.
Mr. Tankersley explained that the ALA included the evaluation of two (2) alternate locations in the vicinity
of the existing South Leverich 13-09 Pad. Alternative 1, which would be a newly constructed pad to the
north of the existing South Leverich 13-09 Pad on the Leverich property. This Pad would only allow for
the development of seventeen (17) wells, would still need to be accessed from Garfield County Road 317,
would have similar facility requirements, and would allow for remote completion operations from the RU
44-7 Pad. Alternative 2 would be a newly constructed pad to the west of the existing South Leverich 13-
09 Pad in the Beaver Creek Highlands subdivision on TEP property adjacent to the McKee property. This
Pad would only allow for the development of thirteen (13) wells, would still need to be accessed from
Garfield County Road 317 (which would require road improvements), would have similar facility
requirements, and would be completed with frac equipment either on the pad or remotely from a nearby
pad. This location is also in close proximity (within 500 Ft.) to a nearby Residential Building Unit on the
McKee property.
Mr. Rainey asked a question about whether or not the drilling of the wells would affect the groundwater
supply. Mr. Hotard explained that the way the wells are constructed protects the groundwater in the area
and that groundwater will be tested in the area before the operations.
Mr. Tankersley referred to an Alternative Locations map showing Residential Building Unit Setbacks,
photos of the view of Residential Building Units that are to the northwest of the South Leverich 13-09 Pad
on the Fischer and Rainey properties, a map showing how the Well Siting Optimization analysis is done,
and a map showing how the topographic considerations are analyzed.
Mr. Hotard discussed a table that showed a summary of the advantages and disadvantages of the
proposed locations and the two (2) Alternate Locations that were considered in the ALA analysis. Both
Mr. Hotard and Mr. Tankersley concluded by saying that the existing South Leverich 13-09 Pad is the best
location with many greater advantages and far fewer disadvantages than the other Alternate Locations,
especially considering new surface disturbance and impact on the neighbors.
Question from Mr. Rainey: Would the Beaver Creek Road be used for the Alternative 1 Location?
Response by Mr. Hotard: Yes
Comment by Chris Leverich: TEP has been great to work with.
Comment by Mr. Rainey – I have no problems with gas wells.
The meeting was then opened up for questions and comments.
Question by Mrs. Cindy Fischer: Will you expand the Leverich 13-09 Pad?
Response by Mr. Tankersley: Yes, but it will be minimal.
Question by Mrs. Cindy Fischer: Will the drilling rig be much taller than before, will it be noisier, and will
you be drilling in summer?
Responses by Mr. Tankersley: The rig will not be much taller and will not be noisier.
Response by Mr. Hotard: The drilling will occur in December.
Question by Mr. Leverich: He wants his neighbors to be happy. Will there be big lights on the rig?
Response by Mr. Hotard: You will see the upper portion of the rig but the lighting will be mitigated and
adjusted if needed after installing.
Question by Mrs. Cindy Fischer: How deep will the wells be? Our water well is about 180 feet deep and
they sit about 160 feet above the creek. They had a 15-20 gpm water well.
Response by Mr. Hotard: The proposed twenty one (21) wells will be drilled to about 10,000 feet deep.
The COGCC requires water well and spring water sampling before drilling and TEP will be doing that.
Question by Mrs. Cindy Fischer: How much traffic will there be?
Response by Mr. Hotard: The drilling rig will have about 50-60 loads during both rig moves (going in and
coming out). Crew shift changes will be 6 am and 6 pm – the rig operates 24 hours a day.
Question by Mr. Rainey: Do you pay the County for road maintenance?
Response by Mr. Hotard: The County has bladed the road themselves, but TEP has also assisted the county
with road maintenance at times.
Question by Mr. Leverich: Relative to current road traffic with all of the belly dump trucks – how will your
traffic compare?
Response by Mr. Hotard: There will be a water truck now and then, a cementing crew at times – generally
about the same traffic but spread out over time. The recent belly dumps for gravel all came in at the same
time to reduce the total impact during a recent new pad and road building project up Beaver Creek – since
the access to the existing South Leverich 13-09 Pad is an existing road there will not need so much road
construction equipment.
Question by Mrs. Cindy Fischer: Will you send notice to the neighbors when you start the work?
Response by Mr. Hotard: Yes
Question by Mrs. Cindy Fischer: Will you develop a plan for road maintenance?
Response by Mr. Hotard: It will be a non-issue for him to sit down with the Garfield County Road and
Bridge folks to work on a plan.
Question by Mrs. Cindy Fischer: Are all of the company trucks marked?
Response by Mr. Hotard: Not all, but if you see a problem with a vehicle please call him and describe the
vehicle with a date and time of the issue and he will look into it.
Question by Mr. Leverich: Will there be any compression installed at the location?
Response by Mr. Hotard: No – they will be using remote compression.
Comment by Mr. Rainey: He has great hearing and can hear some even distant TEP operations at times.
Comment by Mrs. Rainey: Most of their concerns are about water quality and road maintenance.
Comment by Bryan Clark: He thinks that their preferred location (the existing South Leverich 13-09 Pad)
is a good choice.
Question by Mr. Leverich: Does CPX and TEP cooperate in their operations?
Response by Mr. Hotard: Yes
Mr. Hotard closed the meeting by thanking the attendees and letting them know that it is all about
communication, and they would be happy to set up a rig tour for the neighbors if they like. He passed out
his business cards and invited them all to call him any time.
The meeting adjourned at approximately 7:30 PM MDT
Attached to this summary is a copy of the sign in sheet and the handouts from the meeting.
Another requirement of the COGCC permit and the Garfield County Land Use Change permit was for TEP
to obtain an Informed Consent Letter from any building unit owner within 2,000 feet of the TEP
proposed South Leverich 13-09 pad. There are three (3) building unit owners within 2,000 feet of the
proposed South Leverich 13-09 pad, which are depicted below.
#1.) Mr. Joel Fischer and Mrs. Cindy Fischer (Parcel #2405-134-00-102)
#2.) Mr. Chris Leverich – Gordman Leverich LLLP (Parcel #2403-184-00-014)
#3.) TEP Rocky Mountain LLC (Parcel #2403-192-00-027)
A fully executed copy of each Informed Consent Letter for the building unit owners listed above is
attached to this summary.
TEP started working with Mr. Chris Leverich during the fall of 2021 on the proposed drilling of the
twenty-one (21) new natural gas wells on the South Leverich 13-09 pad. TEP and Mr. Leverich had
multiple on-sites on the property and we able to negotiate an agreement for our proposed operations. A
copy of the Memorandum of Fifth Amendment to Access, Surface Damage and Use Agreement was
recorded in the official records of Garfield County at Reception number 972358.
South Leverich 13-09 Pad
Neighborhood Meeting
October 28, 2021
TER
Meeting Agenda
1.Introduction
2.Purpose of Meeting
3.Project Overview
4.Alternative Location Analysis
5.Questions
TER
Purpose
On July 6, 2021, Garfield County adopted changes to the Land Use and Development Code which requires
Operators to obtain an Oil and Gas Permit for any oil and gas location that triggers an Alternative Location
Analysis with the Colorado Oil and Gas Conservation Commission ("COGCC") or if this Operator is seeking a
variance to the Noise and / or Lighting standards in the COGCC Rules.
TEP Rocky Mountain LLC ("TEP") is proposing to drill 21 additional wells from the existing South Leverich 13-09
Pad. The South Leverich 13-09 pad is located within 2000’ of Residential Building Units ("RBU"), which triggers
an Alternative Location Analysis ("ALA") with the COGCC and a Garfield County Oil and Gas Permit.
Purpose of Neighborhood Meeting:
1)Inform all landowners, within 2000’ of the existing oil and gas location, of TEP’s development plans to drill
and complete 21 new wells from the South Leverich 13-09 Pad.
2)Answer any questions or concerns any meeting participant has regarding the proposed project.
3)Adhere to the requirements of the Garfield County Land Use Code by holding a recorded neighborhood
meeting to gather feedback from participants on the proposed development plan.
TER
Project Overview
TEP is proposing to reconstruct the existing South Leverich 13-09 Pad, located within Lot 3 (NE¼SE¼) and
Lot 4 (SE¼SE¼) of Section 13, Township 7 South, Range 94 West, 6th P.M., to drill, complete, and produce 21
proposed new natural gas wells.
Access to the existing South Leverich 13-09 Pad is via Garfield County Road 317.
Development Phases / Timing
1)Re-construction O&G Location and Proposed
Facility (~June 2022; 2 Months)
2)Drilling Operations (~December 2022; 4 Months)
3)Completion Operations (~March 2023; 5 Months)
4)Production Operations (~July 2023; Life of Wells)
5)Interim Reclamation (~November 2023; 1 Month)
6)Final Reclamation (Following Plug and Abandon
of Wells)
Project Components
1)S. Leverich 13-09 Pad
2)Installation of 8” Gas Pipeline
3)Installation of 4” Water Pipeline
4)Installation of 5-4.5” Temporary Surface
Frac Lines to Remote Frac Pad
5)Utilization of existing RU 44-7 pad for
remote well completion operations.
6)Utilization of the existing SR 43-12 Pad for
water transport during production
operations
TER
Project Overview Map TER
O&G Location Siting Consideration
General Factors Considered
1)Well Count / Subsurface Constraints
2)Existing Oil and Gas Location
3)Existing Facilities and Pipeline Infrastructure
4)Topography
5)Proximity to Resources (i.e. Wildlife Habitat, Water Resource, etc.)
6)Proximity to Residential Building Unit, High Occupancy Building Unit, Disproportionately Impacted Community, Schools, etc.
TEP prefers to utilize existing oil and gas locations whenever possible to minimize the overall footprint of our operations on the landscape.
As required by COGCC, TEP initiated an Alternative Location Analysis which includes the evaluation of two (2) alternative locations within the vicinity of the proposed South Leverich 13-09 Pad.
Alternative 1 Summary
1)New O&G Location
2)Potential for Development of 17 Wells
3)Access from CR317
4)Similar facilities setup / requirements
5)Remote Frac from RU 44-7
Alternative 2 Summary
1)New O&G Location
2)Potential for Development of 13 Wells
3)Access from CR317 w/road improvements
4)Major facilities upgrade / impacts
5)Frac on location or remotely from nearby pad.
TER
Alternative Locations Map / Residential Building Unit Setbacks
Red Shaded Area = <1000’
Blue Shaded Area = <2000’
No locations available
outside the 2000’ Setback.
TER
Residential Building Units NW of South Leverich 13-19
Fischer RBU (<2000’)Rainey RBU (>2000’)
TER
Well Siting Optimization
Well count changes as surface location changes:
•Proposed Location: 21
•Alternative 1: 17
•Alternative 2: 13
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TER
ENERGY PARTNERS
Topographic Considerations
Well count changes as surface location changes:
•Proposed Location: 21
•Alternative 1: 17
•Alternative 2: 13
S lope Percent (Oct 20 1 4)
0 0 -35
0 35-40
0 40-45
0 45-50
0 50-55
•ss -60
TER
Alternative Location Analysis (Advantages/Disadvantages)
Proposed /
Alternatives Advantages Disadvantages
South Leverich 13-09 Pad
(Proposed Location)
1.Existing O&G Location. Minimal New Disturbance. Maximizes Mineral Development
2.Maximizes the distance to RBU (Approx. 1,160 feet.)
3.There are no building units within 1,000 feet of the working pad surface (“WPS”).
4.Surface owner is supportive of proposed location.
5.The location would be located outside of High Priority Habitat (“HPH”)
6.The location would be outside of Disproportionately Impacted Communities
7.The location is within the External Buffer of the Beaver Creek surface water supply
area; however, the City of Rifle Ordinance 7-2018 eliminated the Beaver Creek potable
water diversion point and removed the City’s jurisdiction over Beaver Creek.
1.The South Leverich 13-09 pad is located within 2,000 feet of four (4) RBUs.
Alternative 1
1.The location would be outside of all HPH boundaries.
2.The location would be outside of Disproportionately Impacted Communities.
3.The location is within the External Buffer of the Beaver Creek surface water supply
area; however, the City of Rifle Ordinance 7-2018 eliminated the Beaver Creek potable
water diversion point and removed the City’s jurisdiction over Beaver Creek.
1.There are three (3) RBUs within 2,000’ of the WPS, with the distance to the
nearest RBU (periodically occupied) at 1,029’.
2.Alternative 1 would require construction of a new Oil and Gas Location creating
more new disturbance.
3.Alternative 1 would only provide for the development of seventeen (17) of the
twenty-one (21) proposed well locations; fifteen (15) Fee wells and two (2)
Federal wells. Please see the Well Siting Optimization Map for further details.
Alternative 2
1. There would be a fewer overall number of building units within 2,000 feet of the WPS.
2.The location would be outside of all HPH boundaries.
3.The location would be outside of Disproportionately Impacted Communities.
1.Alternative 2 would require construction of a new Oil and Gas Location creating
more new disturbance than is necessary to develop the proposed minerals.
2.Alternative 2 would only provide for the development of thirteen (13) of the
twenty-one (21) proposed well locations; eleven (11) Fee wells and two (2)
Federal wells. Please see the Well Siting Optimization Map for further details.
3.Alternative 2 would be located within 500 feet of an existing residential building
unit. Unlikely to obtain consent from RBU owner.
4.Alternative 2 is located close to existing surface water features. Please see the
ALA Data Worksheet and the Water Resources Map for additional details.
TER
Alternative Location Analysis Summary
Through the ALA process, TEP has determined that the South Leverich 13-09 Pad is the best
possible location for development of the target minerals, while also minimizing impacts to
the public and to the environment.
TER
Questions?
1)Do you have any questions regarding the proposed project
(i.e. construction, drilling, completions, production, etc.)
2)Thank you for attending the meeting. Please make sure you
sign the check-in sheet before leaving.
3)If you have any questions, please feel free to contact Bryan
Hotard (970-361-2006) or Adam Tankersley (970-589-6277)
TER
Appendix H: Memorandum of the Surface Use Agreement
Table of Contents
Appendix I: Signed Informed Consent Letters
Table of Contents
TEP Rocky Mountain LLC
1058 County Road 215
Parachute, CO 81635
Page 1 of 5
May 12, 2022
Joel and Cindy Fischer
3001 Grand Avenue
Glenwood Springs, CO 81601
Existing South Leverich 13-09 Pad
Township 7 South, Range 94 West, 6th P.M.
Section 13: Lot 3 (NE¼SE¼), Lot 4 (SE¼SE¼)
Garfield County, Colorado
REQUEST FOR INFORMED CONSENT
Dear Mr. and Mrs. Fischer:
Thank you for taking the time to meet with TEP Rocky Mountain LLC (“TEP”) on October
28th, 2021 regarding TEP’s proposal to drill twenty one (21) new wells on the existing
South Leverich 13-09 pad located near your property. We appreciate our long standing
relationship and the open communication that makes those operations successful for
all parties involved.
As you know, these operations are regulated by the Colorado Oil and Gas Conservation
Commission (“COGCC”), which established new Rules that went into effect on January
15, 2021 that govern new and existing development. Because of these new rules, TEP
must have an approved Oil and Gas Development Plan (“OGDP”) to conduct new oil and
gas operations. An approved OGDP gives an operator permission to build one or more
new oil and gas locations, or expand existing locations, which may include well pads
where oil and gas wells may be drilled.
COGCC’s rules generally do not allow new oil and gas development within 2,000 feet of
a residential or high-occupancy building units such as a home or apartment building.1
This is the 2,000 foot siting requirement pursuant to COGCC Rule 604.b. However,
there are some exceptions to this siting requirement. One exception is if the owners
and tenants of every occupied building unit within 2,000 feet of the proposed
development provide informed consent for the proposed oil and gas operations. You
are receiving this letter because TEP plans to submit an application to the COGCC for
1 The terms “building” and “home” in this letter include both the COGCC defined terms residential building
units and high-occupancy building units. Because some high-occupancy building units are commercial
buildings like nursing homes and hospitals, this letter uses the term “live” to refer to “owning,” “living in,”
and “working in” a home or building.
TER
TEP Rocky Mountain LLC
1058 County Road 215
Parachute, CO 81635
Page 2 of 5
approval of the South Leverich 13-09 OGDP that proposes new oil and gas operations on
the existing South Leverich 13-09 pad located within 2,000 of the building where you
live. There are two specific COGCC rules that address informed consent of building
owners or tenants. The rule that applies in your case is:
COGCC Rule 604.b.(1), because the operator is proposing to build an oil and gas
location (known as a “working pad surface”) between 500 and 2,000 feet from
the building that you live in.
TEP is asking for your informed consent to this proposed OGDP. If you choose to provide
consent, this letter will be included in the application materials and may be made
public.
You are not required to consent to the development proposed near your home. If you
do not consent, TEP may decide to pursue development at a different location, or may
revise their proposal to meet additional COGCC conditions. TEP may also choose to
undergo a more stringent application process before the COGCC. This may involve
seeking a “variance” from the Commission’s rules, or demonstrating that its plans for
the operations will avoid, minimize, or mitigate impacts on nearby residents through a
process governed by COGCC Rule 604.b.(4). So, if you do not consent, it is still possible
that TEP will obtain the COGCC’s permission to conduct the oil and gas operations.
Please note that TEP must also obtain permission from your local government to
conduct the oil and gas operations if your local government has its own oil and gas
permitting process. The relevant local government(s) for this OGDP application is
Garfield County. Under the rules of this local government, an Oil and Gas Permit is
required.
TEP intends to submit an Oil and Gas Permit per Garfield County Land Use Regulations
9-201, which requires application of a permit for which the COGCC will require an
Alternative Location Analysis pursuant to COGCC Rule 304.b(2)B.
To obtain your informed consent, TEP is required to provide you information about the
nature, timeline, and scope of the oil and gas development that it proposes to conduct
near your home, and the potential impacts that you may experience as a result of that
development. This information must be presented in a language that you understand,
and TEP must answer any questions that you have about the information. TEP is
providing this information to you so that you can make an informed decision about
whether or not to give your consent to the proposed oil and gas development that would
TER
TEP Rocky Mountain LLC
1058 County Road 215
Parachute, CO 81635
Page 3 of 5
be located within 2,000 feet of your home. To ensure that you fully understand the
implications of providing your consent, at a minimum, TEP is providing you with the
following information:
1. Description of the physical siting of the proposed location, including legal
description, and a map showing the proximity to your home;
2. How this proposed location was selected using an Alternative Location Analysis
process;
3. A description of the mineral acreage to be developed from this proposed
location, and the number and orientation of wells, types of equipment, and
other on- and off-location infrastructure related to anticipated operations;
4. A description, proposed timeline, and expected duration of different
operations that are planned, including construction, drilling, completions,
flowback, interim reclamation, production, and final reclamation;
5. A description of the different immediate impacts that you may experience
during each stage of operations, which may include noise, vibration, light,
odor, dust, traffic, and visual impacts, along with TEP’s planned mitigation
(“Best Management Practices”) designed to reduce the impacts you may
experience during each stage of the operation;
6. A description of potential adverse or beneficial impacts that you may
experience as a result of planned operations at this location, including but not
limited to scientific information discussing potential health impacts that are
likely attributable to living in close proximity to oil and gas development;
7. A point of contact for you to obtain additional information from TEP, and how
you can access additional information from the COGCC and your local
government.2
Because your home is within 2,000 feet of the proposed oil and gas development, you
qualify as an “affected person” under COGCC’s rules. That means you have a legal
right to:
1. Participate in all COGCC proceedings to decide whether or not to grant
TEP its OGDP permit to conduct oil and gas operations near your home.
2. You have the ability to submit written public comments to the COGCC’s
Staff while the application is pending.
3. You have the right to request the COGCC to conduct a local public
hearing at a location near where you live.
2 In addition to this information, TEP will also provide you with additional information required by COGCC
at later stages of the application process, should TEP choose to move forward with the OGDP application
process after learning whether you choose to provide your informed consent.
TER
TEP Rocky Mountain LLC
1058 County Road 215
Parachute, CO 81635
and tenants of every occupied building un i t within 2,000 feet of the proposed
development provide informed consent for the proposed oil and gas operations. You
ar e receiving this letter because TEP plans to submit an application to the COGCC for
approval of the South Leverich 13-09 OGDP tha t proposes new oil and gas operations on
the existing South Leverich 13-09 pad located within 2,000 of the building (hunting
cabin) on your property. There are two spec i fic COGCC rules that address informed
consent of building owners or tenants . The rule that applies in your case is:
COGCC Rule 604.b. (1 ), because the ope r ator is proposing to build an oil and gas
location (known as a "working pad surface") between 500 and 2~000 feet from
the building that you l ive in.
TEP is asking for your i nformed consent to this proposed OGDP. If you choose to provide
consent, this letter will be included in the application materials and may be made
public.
You are not required to consent to the development proposed near your building. If
you do not consent, TEP may decide to pursue development at a different location, or
may revise thei r proposal to meet additional COGCC conditions. TEP may also choose
to undergo a more stringent application process before the COGCC. This may involve
seeking a "variance" from the Commission's rules, or demonstrating that its plans for
the operations will avoid, minimize, or mitigate impacts on nearby residents through a
process governed by COGCC Rule 604.b.(4). So, if you do not consent, it is still possible
that TEP will obtain the COGCC's permission to conduct the oil and gas operations.
Pl ease note that TEP must also obtain permission from your local government to
conduct the oil and gas oper~tions if your local government has its own oil and gas .
permitting process. The relevant local government(s) for this OGDP application is
Garfield County. Under the rules of t his local government, an Oil and Gas Permit is
required.
TEP intends to submit an Oil and Gas Permit per Garfield County Land Use Regulations
9-201, which requires application of a permit for which the COGCC will require an
Alternative Location Analysis pursuant to COGCC Rule 304.b(2)B.
To obtain your informed consent, TEP is required to provide you information about the
nature, timeline, and scope of the oil and gas development that it proposes to conduct
near your building, and the potential impacts that you may experience as a result of
that development. This information must be presented in a language that y9u
Page 2 of 5
TER
TEP Rocky Mountain LLC
1058 County Road 215
Parachute, CO 81635
are receiving this letter because TEP plans to submit an application to the COGCC for
approval of the South Leverich 13-09 OGDP that proposes new oil and gas operations on
the existing South Leverich 13-09 pad located within 2,000 of the building (hunting
cabin) on your property. There are two specific COGCC rules that address informed
consent of building owners or tenants. The rule that applies in your case is:
COGCC Rule 604.b .(1 ), because the operator is proposing to build an oil and gas
location (known as a "working pad surface") between 500 and 2,000 feet from
the building that you live in.
TEP is asking for your informed consent to this proposed OGDP. If you choose to provide
consent, this letter will be included in the application materials and may be made
public.
You are not required to consent to the development proposed near your building. If
you do not consent, TEP may decide to pursue development at a different location, or
may revise their proposal to meet additional COGCC conditions. TEP may also choose
to undergo a more stringent application process before the COGCC. This may involve
seeking a "variance" from the Commission's rules, or demonstrating that its plans for
the operations will avoid, minimize, or mitigate impacts on nearby residents through a
process governed by COGCC Rule 604.b.(4). So, if you do not consent, it is still possible
that TEP will obtain the COGCC's permission to conduct the oil and gas operations.
Please note that TEP must also obtain permission from your local government to
conduct the oil and gas operations if your local government has its own oil and gas
permitting process. The relevant local government(s) for this OGDP application is
Garfield County. Under the rules of this local government, an Oil and Gas Permit is
required.
TEP intends to submit an Oil and Gas Permit per Garfield County Land Use Regulations
9-201, which requires application of a permit for which the COGCC will require an
Alternative Location Analysis pursuant to COGCC Rule 304.b(2)B.
To obtain your informed consent, TEP is required to provide you information about the
nature, timeline, and scope of the oil and gas development that it proposes to conduct
near your building, and the potential impacts that you may experience as a result of
that development. This information must be presented in a language that you
understand, and TEP must answer any questions that you have about the information.
TEP is providing this information to you so that you can make an informed decision
Page 2 of 5