| Comment: | This is the LATHAM O-29 Pit Facility ID: 290544, that is being converted to a CE&P. Pit is currently AC, however, the Form 28 is under review. Financial Assurance has not been provided. ---- Included Location_id #335836 in the scout card to link the Centralized Facility to the Location. C Lujan, 01/19/2017
FINANCIAL ASSURANCE COAs:
• A Financial Assurance (Surety ID: 20170037) Cost Estimate $645,000 has been provided. Financial assurance, based on the cost of reclamation, closure and abandonment estimate, will be reviewed at five (5) year intervals over the life of the Facility. The COGCC reserves the right to review the financial assurance for adequacy on a more frequent basis.
GENERAL SITE COAs:
• Supplemental information provided by Berry indicated that a hydrotest was performed in 2011 and Notes (Sheet 6 of 9) indicate that an additional 60 mil liner was placed over the primary liner in 2012 and that hydrotesting was performed filling the pond (pit) to a minimum depth of four feet and a maximum depth of 8 feet bring the fluid surface to 7926.9’. Therefore, the two feet of freeboard and maximum working capacity of the pit is 7924.9’.
• Within 30-days of the Form 28 approval, provide a permanent demarcation at the 7924.9’ elevation on the pit liner to indicate the maximum working capacity.
• Within 90-days of the Form 28 approval, provide engineered secondary containment in the load in/out area, and an as-constructed drawing, stamped by a Colorado PE, after the construction is completed.
• Sampling of surface water features shall be performed and analyzed for the constituents provided in Rule 609.e. Sampling shall continue on an annual basis or more frequently if there is fluid accumulation in the leak detection system. Include the Spring and Fall sampling results of surface water monitoring station LC-1 and Spring 29-1. Provisions for monitoring and sampling Spring 29-2 should be made when sufficient flow is observed.
• Berry shall familiarize the Grand Valley Fire Protection District (GVFPD) with the facility including facility location, nearby helipad sites, facility operations, and Berry’s Emergency Response Plan and SPCC Plan.
• Provide pipeline testing results as part of the annual report submittal.
• Within 45-days of the Form 28 approval, submit a GIS map with information, (electronic shape files) in a suitable format showing the location of flowlines, type of pipe used in each segment, monitor points, valve locations, booster pump locations (if any) from BERRY Operating Inc.’s well sites in the Piceance Basin that will transport fluids to and from the O-29 Centralized E&P Waste Mgmt Facility. Provide and update as part of the annual report.
• A detail of all stormwater BPM maintenance shall be provided in the annual report.
• In supplemental information submitted, it was stated, “Berry will obtain an air quality permit for the permanent E&P Centralized Waster Management Facility and submit it to COGCC as soon as it is approved.” A Rule 502.b.(1) variance request to the requirement set forth in Rule 908.h “Operators maybe subject to local requirements for zoning and construction of facilities and shall provide copies of any approval notices, permits, or other similar types of notifications for the facility from local governments or other agencies to the Director for review prior to issuance of the operating permit.” shall be provided. If the variance is not granted, the Facility shall immediately be closed per Rule 908.g.
• The Operator submitted a Rule 502.b.(1) variance request to the requirement set forth in Rule 908.b.(5).D. Centralized facilities shall have a fire lane of at least ten (10) feet in width around the active treatment areas and within the perimeter fence. In addition, a buffer zone of at least ten (10) feet shall be maintained within the perimeter fire lane. If the variance is not granted, the Facility shall immediately be closed per Rule 908.g. APPROVED 20180129 AFISCHER |