CONDITIONAL USE APPLICATION Grand County Courthouse: 125 E. Center St. Moab, UT 84532; Phone: (435)

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Beverly McBride
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1 COMMUNITY DEVELOPMENT ENGINEERING & PLANNING CONDITIONAL USE APPLICATION Grand County Courthouse: 125 E. Center St. Moab, UT 84532; Phone: (435) FOR OFFICE USE ONLY Date of Submittal: Conditional Use Processing Fees: $ Submittal Received by: Amount Paid: Fees Received by: CONTACT INFORMATION Property owner: WestWater Farms, LLC and ER & PWD Joint Venture, LLC Address: P.O. Box 324, Cisco, Colorado Phone: cell: fax: address: Engineer: David R. Stewart, P.E., Stewart Environmental Consultants, LLC Address: 3801 Automation Way, Suite 200, Fort Collins, Colorado Phone: ext. 204 cell: fax: address: Property owner representative: Tom Warnes, WestWater Farms, LLC Address: P.O. Box 324, Cisco, Colorado Phone: cell: fax: address: PROJECT INFORMATION Project name: WestWater Farms Recycling Facility General location of the property: 100 West Highway 6, Westwater, Utah Size of the subject property: acres Number of lots: Parcel 1 (of 4 parcels) Surrounding land uses: Range and grazing, natural gas compressor station Current Zoning: district Range and grazing Proposed Zoning: district Range & grazing SUPPORTING MATERIALS Conditional Use Permit applications shall contain, at a minimum, the following supporting materials through the approval process according to the following submittal schedule: 1. APPLICATION SUBMISSION. Two complete sets (with the exception of the title report and fee) of all supporting materials shall be submitted with this application. These complete sets PAGE 1

2 should include two large (24 x 36 ) and two small (11 x 17 ) sets of all plans. 2. PRIOR TO MEETING. Three (3) revised sets of large (24 x 36 ) and fourteen (14) small (11 x 17 ) plans shall be submitted prior to the application being placed on a Planning Commission /County Council meeting. 3. POST MEETING. If the revised sets of plans are not approved as submitted two corrected sets of plans both large and small shall be submitted that comply with the Planning Commission s approval. Site X Plan (& Survey if applicable). The applicant shall submit a site plan (and certified survey if applicable) of the proposed land area. The site plan shall require, at a minimum, the following information: 1. Subject land area acreage; 2. Adjacent uses and predominant uses in the vicinity; 3. Existing zoning designation within 100 feet of the exterior boundary of the parcel; 4. A vicinity map; 5. Drives, streets, and rights-of-way; 6. Easements; 7. Location and dimensions of structures and signs; 8. Typical elevations of such buildings; 9. Access ways, including points of ingress, egress; 10. Landscaping; 11. Topography; and 12. Specific areas proposed for specific types of land use. Applicant X Statement. A statement by the Applicant explaining the rationale for the conditional use request relative to the Conditional Use Criteria imposed by Sec (Grand County LUC). In making its determination, the County Council shall consider the recommendation of the Planning Commission, staff reports, and the written and oral testimony presented, and the following criteria: Sec Conditional Use Criteria: A. Effect on Environment The location, size, design and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property, nor cause substantial or permanent interference with the right to peaceful enjoyment of property. B. Compatible with Surrounding Area The proposed site plan, circulation plan and schematic architectural designs shall be complementary with the character of the surrounding area with relationship to scale, height, landscaping and screening, building coverage, and density. C. External Impacts Minimized The proposed use shall not have negative impacts on existing uses in the area and in the county through the creation of noise, glare, fumes and odors, dust, smoke, vibration, fire hazard, excessive light, or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to these impacts. D. Infrastructure Impacts Minimized The proposed use shall not have negative impacts on existing uses in the area and in the county through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. PAGE 2

3 E. Consistent with LUC and General Plan The proposed use will be consistent with the purposes of this LUC, the General Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. F. Parcel Size The proposed use may be required to have additional land area, in excess of the lot area otherwise allowed by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. Title X Report. A preliminary title report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property, and of the preliminary plat. Taxes. X A statement from the County treasurer showing the status of all current taxes due on the parcel. Posting. X The applicant is responsible for posting a sign noticing the public hearings (please see attached for a reduced size template and requirements). The applicant is responsible for wind and water proofing the sign as well as placing it in a prominent place on the land area proposed for subdivision with a notice of the hearing at least 10 days prior to the public hearings. Please note, we submited the fee with our Application X Fee. The process / filing fee of $ shall be paid in full. first application on September 22, Operating X Data & Evaluation. Any and all information, operating data and expert evaluation necessary to clearly explain the location, function and characteristics of any building or use proposed; APPLICANT CERTIFICATION I certify under penalty of perjury that this application and all information submitted as a part of this application are true, complete and accurate to the best of my knowledge. I also certify that I am the owner of the subject property and that the authorized agent noted in this application has my consent to represent me with respect to this application. Should any of the information or representations submitted in connection with this application be incorrect or untrue, I understand that Grand County may rescind any approval, or take any other legal or appropriate action. I also acknowledge that I have reviewed the applicable sections of the Grand County Land Use Code and that items and checklists contained in this application are basic and minimum requirements only and that other requirements may be imposed that are unique to individual projects or uses. Additionally, I have reviewed and understand the section from the Consolidated Fee Schedule and hereby agree to comply with this resolution. I also agree to allow the Staff, Planning Commission, or County Council or appointed agent(s) of the County to enter the subject property to make any necessary inspections thereof. Property Owner s Signature: Date: 11/1/10 PAGE 3

4 GRAND COUNTY Public Hearing Notice (Planning Commission or County Council) For: (Action requested) Applicant Information: (Applicant name and property address) To be held at the Courthouse, 125 E. Center St On: 2008 at (Date of Hearing) (Time of Hearing) For more information contact the Grand County Planning Department Center & 100 East Moab, Utah Note: It is the Applicant s responsibility to ensure the sign is in a prominent location on the land area proposed for subdivision, weather resistant, and posted at least 10 days prior to the public hearing. The sign shall be at a minimum 17 x 22 in size (ANSI C printing option). Large format printing may be available through the Recorder s office at (435) PAGE 4

11 WESTWATER FARMS RECYCLING FACILITY APPLICANT STATEMENT The following is a statement by WestWater Farms, LLC, explaining the rationale behind the conditional use request relative to the conditional use criteria as imposed by Section of the Grand County Land Use Code (LUC) and Grand County Ordinance 490, The WestWater Farms Recycling Facility is located at 100 West Highway 6 in Westwater, Utah. The project is to consist of treating, injecting, and discharging produced water from gas and oil wells within the area. Please see the attached Project Summary for further information. Section of the LUC requires the following criteria be met for approval: effect on environment, compatible with surrounding area, external impacts, infrastructure impacts, consistency with the land use code and general plan, and the parcel size. Please see our explanations below for each criterion: A. Effect on Environment The location of the site is completely surrounded by Bureau of Land Management land. Therefore the location, size, design, and operational characteristics should not be detrimental to the health, welfare, and safety of the surrounding environment or its occupants. The site will not be injurious to neighboring property, nor cause substantial or permanent interference with the right to peaceful enjoyment of property. B. Compatible with Surrounding Area The proposed site plan mimics the curvature of the land to complement the characteristics of the surrounding area. The site plan creates a relationship with the proposed site to the scale, height, landscaping, screening, building coverage, and density of the existing site. C. External Impacts Minimized The proposed system is a completely closed system with a recovery system for volatile organic compounds. The end product will be a viable water source with the potential for either resale or irrigation on the property. The system has an in-place fire prevention plan and will mitigate dust created by trucks on and off the site. D. Infrastructure Impacts Minimized The proposed site shall not have negative impacts on the surrounding infrastructures. The proposed site will actually improve the surrounding roads and parking facilities. The proposed site will enable the existing infrastructure and services to be provided with better protection and easier access to the site.

12 E. Consistent with LUC and General Plan The proposed system is consistent with the purposes of the land use code and its subsequent statutes, ordinances, and/or policies that are applicable to the site. The system will support and help the surrounding area. The system is located within a zoning area adequate for its industry. F. Parcel Size The proposed system is located within a large area of land that should be adequate to mitigate any impact of the surrounding land uses and zoning districts.

13 WESTWATER FARMS RECYCLING FACILITY PROJECT SUMMARY The proposed WestWater Farms Production Water Recycling Facility, to be located near Westwater, Utah, will be a state-of-the-art produced water recycling facility capable of treating a minimum of 15,000 barrels (bbls) per day of produced water for beneficial reuse as irrigation, augmentation, or frac make-up water. There will be a single injection well located on the site and operated under an Underground Injection Control (UIC) permit issued by the State of Utah. Initially, the facility will be set up to receive produced water from oil and gas operations, which will be treated to meet the UIC permit parameters for re-injection. During this initial phase, the produced water will be treated to meet the UIC permit requirements and then injected; no water will be directly discharged during this initial phase. This first phase of the project is critical to generating cash flow for funding the remainder of the project, which will consist of a state-of-the-art treatment system for recovering as much of the produced water as possible for beneficial uses including irrigation, augmentation, and frac water. The treatment process will then be built in stages, with the first stage of the facility consisting of a complete treatment facility designed to recover oil, water, and a byproduct brine. The goal of the process will be to recover as much water and oil as possible, which will minimize the amount of brine that will be re-injected by the injection well located on site; eventually, the plant will be retrofitted to recover and treat the byproduct brine, which will produce additional economically viable products in the form of an acid (hydrochloric acid) and base (sodium carbonate). The first stage of the treatment system will be designed to treat 15,000 bbls of produced water per day from both oil and gas wells local to the Harley Dome area. All water will be trucked to the site and stored in large holding tanks for processing. There will be several buildings on the site to house equipment associated with the process. The majority of process equipment will be housed inside one large building, which is shown on the site plan as the proposed treatment building. The produced water will be delivered to the site by trucks and offloaded at an unloading station designed to service up to 12 trucks simultaneously. Adjacent to the truck unloading area will be a series of nine tanks designed to separate oil from water using a gunbarrel arrangement within the tanks. The recovered oil will be pumped up to the oil collection tank on the west side of the property. Water from the gunbarrel tanks will be pumped into one of three large holding tanks located on the west boundary of the site; the storage tanks vary in size from 200,000 to 400,000 gallons each, for a total storage capacity of one million gallons. These storage tanks will use a Megator skimmer system for recovering the residual oil that is not recovered in the gunbarrel tanks; again, the recovered oil will be sent to the oil collection tank and held for sale. From the Megator tanks, the produced water will be pumped to the treatment plant. Once the treatment plant is installed (anticipated January 2011), the majority of the water received will be sent through the treatment process. Only water that is not suitable for treatment (such as flowback water) will be sent directly to injection; byproducts from the treatment process, such as the brine stream from the reverse osmosis system, will also be injected. Prior to injection, all water will be treated to meet UIC permit requirements.

14 The treatment process is proprietary and confidential, so the overall goals and parameters of the process are discussed here, but specific design parameters are not disclosed. The intent of the produced water treatment is to recover as much water and oil as possible. The produced water is considered non-tributary; therefore, it is considered a new water resource to whichever watershed it is discharged within, and the water rights have economic value. The treatment process will be robust enough to handle varying water quality and many processes will have redundant equipment to ensure 24/7 operation. The basic process train will incorporate processes to: recover oil, remove solids, organics, and dissolved metals, and reduce the salt concentration of the final effluent. There will be several qualities of water created, from basic frac water (with salt concentrations of 12,000 to 15,000 parts per million) to very clean water (with salt concentrations less than 500 parts per million) for direct discharge under a National Pollutant Discharge Elimination System permit. The plant will be highly automated and detailed record keeping will be employed to ensure consistent operation, which will comply with all permit requirements for re-injection and direct discharge.

Charter Township of Garfield Grand Traverse County

Charter Township of Garfield Grand Traverse County 3848 VETERANS DRIVE TRAVERSE CITY, MICHIGAN 49684 PH: (231) 941-1620 FAX: (231) 941-1588 SPECIAL USE PERMIT APPLICATION APPLICANT INFORMATION Name: Address: