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HomeMy WebLinkAbout1.11 Waiver RequestsWaiver Requests PDC Energy Piceance Centralized Soil Treatment Facility OLSSON ASSOCIATES OA Project No. 011 -2627 760 Horizon Drive, Suite 102 1 Grand Junction, CO 81506 1 TEL 970.263.7800 1 FAX 970.263.7456 (AOLSSON ASSOCIATES PDC Energy (PDC) Piceance Centralized Soil Treatment Facility Waiver Request Pursuant to Section 4 -202 of the Garfield County Unified Land Use Resolution, PDC Energy (PDC) requests a waiver for the submittal requirement of a Landscape Plan and an Improvements Agreement for the Piceance Centralized Soil Treatment Facility. Section 4- 203.F. Landscape Plan A waiver request shall be considered based on the following criteria: 1. The Applicant shows good cause for the requested waiver; Response: The site is located in a rural area of Garfield County. Access to the site is from a private road off of US Hwy 6. The facility will be fenced and interim reclamation will be done on areas not actively being used for soil remediation. Appropriate erosion and sediment control measures will be used. 2. The project size, complexity, anticipated impacts, or other factors support a waiver; Response: The project is in an area zoned RL- Gentle Slopes. The facility will be an E &P Waste Management Facility to remediate hydrocarbon impacted soils. The operation of the facility will be similar to agricultural farm activities. Activity on adjacent parcels is related to oil and gas production. Natural landscaping predominates the area. As demonstrated in the grading plan and site plan, construction and operation of the proposed facility will not result in significant vertical changes to the topography. Additionally, operation of the facility will be intermittent and utilize a minimum of equipment for relatively short periods of time. Thus, impacts to the view shed will be minimal. These factors support a waiver. 3. The waiver does not compromise a proper and complete review; and Response: A proper and complete review of the soil treatment facility would not be compromised by the absence of a landscape plan. Landscaping would not be effective for screening or buffering from adjacent dissimilar uses. 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Response: A landscape plan is not material to describing the purpose, operation and maintenance of a soil treatment facility or demonstrating compliance with applicable approval criteria. 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970. 263.7456 www.olssonassociates.com Section 4- 203.K. Improvements Agreement A waiver request shall be considered based on the following criteria: 1. The Applicant shows good cause for the requested waiver; Response: The purpose of the facility is to remediate hydrocarbon impacted soils. No public improvements will be constructed and dedicated that require performance bonding. No common elements or responsibilities will be transferred to a property owners association. There are no commonly held properties or equipment that must be maintained. These factors support a waiver. 2. The project size, complexity, anticipated impacts, or other factors support a waiver; Response: The facility will be located on a site approximately 10 acres in area. The project will be privately operated for the sole benefit of PDC Energy. There are no public infrastructure improvements associated with this project. These factors support a waiver. 3. The waiver does not compromise a proper and complete review; and Response: A proper and complete review of the soil treatment facility would not be compromised by the absence of an Improvements Agreement. There are no groups or entities that need to be financially protected with a performance bond from potential liabilities in the creation of public or commonly held infrastructure or assets. 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Response: An Improvements Agreement is not material to describing the purpose, operation and maintenance of a soil treatment facility or demonstrating compliance with applicable approval criteria. Waiver Requests Page 2 Piceance Centralized Soil Treatment Facility