HomeMy WebLinkAbout2.0 Staff Report BOCC 9.20.10.pdfExhibits -Limited Impact Review -Chevron USA Inc., LIPA 6428 BOCC Public Hearing (09/20/2010) I"Etllibit i;btl;;>~jr:!(~~·i •..••..•.• ,...: ....•..... ,. • ..•.. ••.•. >•.• •. ". ·.·.'t,l:·.
•. ('.·.· ..· ··.. ......... .' '." L'ett~;" I;, i" ...• . . ....... (X'tri''Z) I, . •..• .......; t~).< ..:,'::;'.>.,.." .... ." ...... A Proof of Publication, Posting, and Mailings
B Garfield County Unified Land Use Resolution of 2008, as amended C Garfield County Comprehensive Plan of 2000, as amended D Application E Staff Memorandum F Staff Powerpoint G Email
from Garfield County Vegetation Manager, dated August 20,2010 and September 13,2010 (revised) H Email from Jim Rada, Garfield County Environmental Health, dated August 12, 20 I 0 I Letter
from Mountain Cross Engineering, Inc. (consulting engineer), dated August 18, 2010 J Email from Dan Roussin, Colorado Department of Transportation, dated August 13, 2010 K Email from
Oil and Gas Liaison, Judy Jordan, dated August 11,2010 L Letter from Colorado Division of Wildlife, JT Romatzke, dated August 20, 20 I a " ..,/) VI YIrl )o..(7.a\ "hHlU or r
BOCC 9/13/2010 MOL PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANTIPROPERTY OWNER REPRESENTATIVE PARCEL ID PROPERTY SIZE/SITE AREA LOCATION ACCESS EXISTING ZONING I. GENERAL
PROJECT DESCRIPTION LlPA 6428 -Limited Impact Review: for "Storage of Supplies, Machinery, Equipment, or Products" Chevron USA Inc. Chevron USA Inc. IJulie Justus 2137-321-00-008 4,311.69
acres/7.38 acres Approximately 16.5 miles northwest of DeBeque, CO on County Road 211 (CR 211) CR 211 Resource Lands -Gentle Slopes The Applicant requests approval for a storage yard,
defined by the Unified Land Use Resolution of 2008, as amended, as "Storage of Supplies, Machinery, Equipment or Products" in support of natural gas extraction operations in the Chevron
Piceance Basin Natural Gas Development Project (aka Skinner Ridge) on property owned by Chevron USA Inc. Centrally located in the Piceance Basin, the storage facility will minimize the
vehicle trips required for supplies. The proposed site is located Y. mile south of the terminal end of CR 211 and approximately four miles north of the CR 204/211 intersection. The storage
yard obtains access from CR 211 by an access road. The site is to be situated on an existing well pad SKR-698-10-BV (10BV), which is 3.8 acres in size. This well pad was permitted and
built in anticipation of continued drilling activity in the Skinner Ridge field, but the Applicant has since suspended its drilling program. The drilling program is expected to resume
in the next two to three years and anticipated to be drilled in three to four years. Utilizing an existing well pad eliminates further land disturbance. The storage yard is accessed
by an access road off of CR 211. A locked gate is situated at the entrance of the storage yard 1
for controlled access and can be remotely monitored by camera from a guard shack and Hiner Gate office. The site is to be used for storing larger equipment and materials including: •
general yard storage and staging of larger equipment and materials that may include construction equipment and supplies (i.e. pipe reels and various size joints, conduit, pumps, hoses,
etc.), manufactured equipment skids, compressors, new and surplus production equipment, parts/equipment trailers, and other miscellaneous parts and materials necessary to support construction,
operations, well completions, and field maintenance activities; • three to five secure connex storage containers for critical spare parts, tools, pipe fittings, and smaller equipment
and supplies; • 240 kVA single phase power to provide indoor lighting to the connex storage containers; • occasional heavy equipment storage/parking that may include loaders, rollers,
graders, or forklifts, as necessary; and, • staging of materials and equipment to be used or installed at various other locations; No industrial or hazardous wastes or other hazardous,
flammable or explosive solid, gas or liquid materials are proposed to be stored at this location and no fabrication, service or repair operations are proposed for this land use. The
Applicant is not proposing a perimeter fence for the storage yard since it is situated in a remote location, not visible from CR 211, and will not create a hazardous situation that can
harm livestock or wildlife. The storage yard is within Study Area 5 of the Garfield County Comprehensive Plan. Under Garfield County Comprehensive Plan of 2000, the comprehensive plan
encourages the following objectives and policies for industrial uses: • Compatibility with existing and future land uses. • Consistency with adjacent land use plans and zoning regulations.
The vicinity map on the next page illustrates the location of the entire property (4,311.69 acres). The request, noted in the application narrative, includes approval for a 7.38 acre
storage facility operated on a year round basis for storage of supplies and materials used in the gas production industry. The general operations on the site will occur between the hours
of 6:30 am to 5:00 pm, Monday through Friday. 2
• Site LolXllion (nmto srele) --County Roads C:=J Parcels ~ 213732100008 (Area· 4,312 acres) PI\OJ~T~Q; SKROBS·10·ev LAYDOWN YARD VICINITY MAP CHEIIROH USo\.INC GARFIELD COUNTY, COLORADO
2 3 4 5 N -=:=--===--==, Miles ~ o 0.5 3-m ile radius indicated by dark red cirde ~ O\OlSSON ASSOC1ATES 3 52<=21-112ROAD GRANDJUtcTOIl, CD 51$ TEl9/D2Q.n:m fAX9JO.2t\:I.1ISlS flOURE
II. SITE DESCRIPTION Situated on an existing well pad, the 3.8 acre storage yard is located approximately 16.5 miles northwest of the Town of Oe8eque. The site is accessed by an access
road off of CR 211. This road also provides access to the property north and adjacent to the storage yard. The site has a security gate but no perimeter fence. The land use of the surrounding
parcels consists of natural gas processing and livestock grazing. An existing overhead electric line is situated to the southeast of the site and will be extended to the site to provide
electricity to the storage yard. An electric pole is to be situated north of the entrance of the site. PLAN VIEW 4
III. REVIEW STANDARDS & STAFF COMMENTS Limited Impact Reviews are required to adequately address topics in Section 4-502(0) Land Suitability Analysis, Section 4-502(E) Impact Analysis,
and the general development standards found in Article VII of the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR). Pursuant to Divisions 1-2 of Article VII all
applications for land use change shall conform to the listed standards. Divisions 1-2 discuss General Approval Standards, Resource Protection, and Site Planning and Development. The
Applicant has addressed all of the requirements of the ULUR that apply to this Limited Impact Review and specifically for "Storage of Supplies, Machinery, Equipment, or Products". The
following provides a review of specific standards that are of interest to the Board of County Commissioners (BOCC) when considering 5
the impacts caused by "Storage of Supplies, Machinery" Equipment, or Products" followed by a Staff Response, A. Section 4-502(0) Land Suitabilitv Analvsis 1. Public Access to Site. Show
historic public access to or through the site. 2. Access to adjoining Roadways. Identify access to adjoining roads and site distance and intersection constraints. 3. Easements. Show
all easements defining, limiting or allowing use types and access. Staff Response (For items 1-3): The site has access from CR 211 by an existing access road, This access was approved
by Garfield County on December 29, 2008 (Driveway Permit No, GRB08-D-130), This road is shared with the property to the north to access their property, An existing Grand Valley Power
overhead electric line lies approximately 250 feet southeast of the storage yard but no easement is shown for this utility, 4. Topography and Slope. Topography and slope determination.
Staff Response: The existing well pad is situated at the mouth of Deer Park Gulch, The site was created by cutting into an existing slope north of CR 211 and adding fill to create a
567' long by 356' wide flat area, This flat area slopes to the southeast at a two percent grade, Adjacent side slopes to the north and northwest of the storage yard are at a 2:1 gradient
and a 3:1 slope is maintained between the site and CR 211, The Applicant has indicated that the storage yard is elevated approximately 20 feet above CR 211, 5. Natural Features. Significant
natural features on-site and off-site. Staff Response: Clear Creek, a perennial stream, is located approximately 1,500 feet west of the site and Deer Creek Gulch Drainage, an intermittent
stream, is located approximately 147 feet east of the storage yard, 6. Drainage Features. Existing drainages and impoundments, natural and manmade. Staff Response: The site has been
graded to a two percent slope and consists of a compacted gravel surface to allow for positive drainage, Erosion controls and Stormwater Management Practices (BMP) have been installed
on the cut and fill slopes of the site to control drainage, slow runoff velocity, and minimize erosion, Drainage features installed at the site include diversions, armored drains, and
sediment traps, straw wattles, natural vegetative buffers, and silt fence, A culvert has been installed at the entrance of the access road to allow stormwater runoff along CR 211 to
pass beneath'the access road, The cut and fill slopes have been seeded, 7. Water. Historic irrigation, tail water issues, water demands, adequate water supply plan pursuant to Section
7-104. Staff Response: No potable water is proposed for this site, 6
8. Floodplain. Flood plain and flood fringe delineations. Staff Response: The Applicant has developed a preliminary 100-year floodplain for the Clear Creek valley in accordance with
Federal Emergency Management Agency (FEMA) guidance and specifications to evaluate the area for flooding issues. The storage yard is approximately 20 feet above Deer Park Gulch Drainage
and is not located within a floodplain or flood fringe area. 9. Soils. Soils determination, percolation constraints, as applicable. Staff Response: No Individual Septic Disposal System
(IS OS) is proposed for the storage yard. A portable waste facility will be provided serviced by Down Valley Septic and Drain. 10. Hazards. Geologic hazards on-site, and adjacent to
site. Staff Response: The Applicant indicates that the site is not beneath a steep slope or shale outcrop and that there is little potential for falling rock. No landslide deposits or
ground subsidence were identified within or in the vicinity of the project. Seismicity was not addressed in this application. 11. Natural Habitat. Existing flora and fauna habitat, wetlands,
migration routes. Staff Comments: The application contains a Biological Survey Findings by WestWater Engineering dated April 27, 2010. This report states that no Threatened, Endangered,
Sensitive Species Plants (TESS) are on-site or in close proximity. The site is within a mule deer and elk winter concentration area but does not inhibit the movement of these animals.
The storage yard is also within mule deer winter range but WestWater biologists observed the deer staying in lower elevations of Clear Creek. No occupied raptor nests were located closer
than 0.9 miles of the site and existence of the storage yard should not adversely impact and raptors in the area. Deer Park Gulch is ephemeral and does not provide habitat for any sensitive
aquatic species and no migratory bird species nests were found in the bush areas near the site. This report concluded that this site should not provide hazardous attractions to any wildlife
species or block migration routes for mule deer or elk. 12. Resource Areas. Protected or Registered Archaeological, cultural, paleontological and historic resource areas. Staff Response:
A Class III Cultural Resource Inventory Report prepared by Grand River Institute, dated September 3, 2008, identified four cultural resources in the area but none within the site. B.
Section 4-502(Ellmpact Analysis. The Impact Analysis shall provide a description of the impacts that the proposed land use change may cause, based upon the standards that the proposed
use must satisfy. The Impact Analysis shall include a complete description of how the applicant will ensure that impacts will be mitigated and standards will be satisfied. The following
information shall be included in the Impact Analysis. 7
The Applicant has included an Impact Analysis with this application. 1. Adjacent Property. An address list of real property adjacent to the subject property, and the mailing address
for each of the property owners. Staff Comments: The Applicant provided an address list for property owners within 200 feet of the entire 4,311.69 acres for public notice. The 7.38 acre
is situated within the 4,311.69 acre parcel owned by Chevron USA Inc. 2. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1500' radius. Staff Comments:
The site is located in an area of oil and gas production activities and cattle grazing. 3. Site Features. A description of site features such as streams, areas subject to flooding, lakes,
high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Staff Comments: Clear Creek, a perennial
stream, is located approximately 1,500 feet west of the site and Deer Creek Gulch Drainage, an intermittent stream, is located approximately 147 feet east of the storage yard. The site
is situated at the mouth of Deer Park Gulch where it broadens to gently sloping bottomland. It is also in the central portion of the Clear Creek Valley at an elevation of 5,840 feet,
approximately 100 feet above the valley floor bound by steep to moderate side slopes to the north and east. The vegetative characteristic of this area consists of scattered Basin Big
sagebrush with an understory of a variety of grass species. 4. Soil Characteristics. A description of soil characteristics of the site which have a significant influence on the proposed
use of the land. Staff Response: No Individual Septic Disposal System (ISDS) is proposed for the storage yard. A portable waste facility will be provided and serviced by Down Valley
Septic and Drain. 5. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or man-made hazards, and a determination of what effect
such factors would have on the proposed use of the land. Staff Response: The Applicant indicates that the site is not beneath a steep slope or shale outcrop and that there is little
potential for falling rock. No landslide deposits or ground subsidence were identified within or in the vicinity of the project. Seismicity was not addressed in this application. 6.
Effect on Existing Water Supply and Adequacy of Supply. Evaluation of the effect of the proposed land use on the capacity of the source of water supply to meet existing and future domestic
and agricultural requirements and meeting the adequate water supply requirements of Section 7-104. 8
Staff Comments: The site is proposed for "Storage of Supplies, Machinery, Equipment, or Products" with minimal requirements for on-site staff. The site will be unmanned and no permanent
structures are proposed. There are no potable water wells or other potable water intensive uses proposed for the operation of the site. Normal operations at the Chevron's Piceance Basin
Natural Gass Development are currently conducted 10 to 12 hours per day, Monday through Friday; with typical working hours of 6:30 am to 5:00 pm. Activities at the storage yard will
be sporadic as required to support the current level of construction and operations of the area. There is no known historic irrigation, tail water issues or water demands. Operation
of the storage facility will not result in any additional impacts to water supplies or demand on irrigation water as the nature of the project is to store equipment and supplies associated
with natural gas production operations. 7. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to floodplains, the nature of soils
and subsoils and their ability to adequately support waste disposal, the slope ofthe land, the effect of sewage effluents, and the pollution of surface runoff, stream flow and groundwater.
Staff Comments: The site is 20 feet above the Deer Park Gulch and will not be subject to any flooding. The Geotechnical Investigation Well Pad DPG-1c prepared by Geotechnical Engineering
Group, Inc., dated October 7, 2008, indicates that ground water is encountered at a depth of 31 to 37 feet. Since no further excavation is proposed the ground water will not be impacted.
The site is proposed for "Storage of Supplies, Machinery, Equipment, or Products" with minimal requirements for on-site staff. No Individual Septic Disposal System (ISDS) is proposed
for the storage yard. A portable waste facility will be provided and serviced by Down Valley Septic and Drain. No industrial or hazardous wastes, chemicals or other harmful liquid products
are proposed for the site therefore there is little potential for contaminates to infiltrate soils or be carried off-site by stormwater. 8. Environmental Effects. Determination of the
existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long term and short term effect
on flora and fauna. Staff Comments: The application contains a Biological Survey Findings by WestWater Engineering dated April 27, 2010. This report states that no Threatened, Endangered,
Sensitive Species Plants (TESS) are on-site or in close proximity. 9
The site is within a mule deer and elk winter concentration area but does not inhibit the movement of these animals. The storage yard is also within mule deer winter range but WestWater
biologists observed the deer staying in lower elevations of Clear Creek. No occupied raptor nests were located closer than 0.9 miles of the site and existence of the storage yard should
not adversely impact and raptors in the area. Deer Park Gulch is ephemeral and does not provide habitat for any sensitive aquatic species and no migratory bird species nests were found
in the bush areas near the site. This report also concluded that this site should not provide hazardous attractions to any wildlife species or block migration routes for mule deer or
elk. b. Determination of the effect on significant archaeological, cultural, paleontological, historic resources. Staff Response: A Class III Cultural Resource Inventory Report prepared
by Grand River Institute. dated September 3. 2008, identified four cultural resources in the area but none within the site. c. Determination of the effect on designated environmental
resources, including critical wildlife habitat. (1) Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade
of migration routes, use patterns or other disruptions. Staff Comments: The application contains a Biological Survey Findings by WestWater Engineering dated April 27. 2010. This report
also concluded that this site should not provide hazardous attractions to any wildlife species or block migration routes for mule deer or elk. d. Evaluation of any potential radiation
hazard that may have been identified by the State or County Health Departments. Staff Comment: There are no known potential radiation hazards identified for the storage facility. e.
Spill Prevention Control and Counter Measures plan, if applicable. Staff Comments: No industrial or hazardous wastes, chemicals or other harmful liquid products are proposed for the
site. 9. Traffic. Assessment of traffic impacts based upon a traffic study prepared in compliance with Section 4-502(J). Staff Comments: A Basic Traffic Analysis prepared by Olsson Associates,
dated April 2010, indicates that the operation of the proposed storage yard will result in no net increase to traffic therefore no mitigation is recommended for this proposed use. This
traffic report did not take into consideration the other road that uses the site's access road. If in the future that this adjacent property develops and traffic generated, the storage
yard's access road should be further analyzed and upgrades made if needed. 10
10. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Comments: Noises at the storage yard will include
general truck traffic and material handling. Material handling and truck traffic may generate short-term loud noises but will be within the allowable limits specified by statue (up to
10db(A) above the allowable light industrial limits for up to 15 minutes of anyone hour period). The only potential vibration on-site would be truck traffic and wouldn't be transferred
beyond the facility boundary. It is not anticipated that vibration associated with this use will affect adjacent properties. 11. Reclamation Plan. A reclamation plan consistent with
the standards in Section 7-212 (B). Staff Comments: The proposed storage yard is to utilize the existing footprint of 1 OBV well pad which hasn't been drilled. The Applicant's drilling
program is expected to drill the site in three to four years. The Applicant purposes the following reciamation. Interim reclamation of the existing well pad would occur after future
drilling and installation of the operations equipment necessary to produce the wells. Interim reclamation of this site might include re-contouring to reduce the pad footprint to only
that necessary to operate the wells; the replacement of topsoil in those areas not needed for operations; and the stabilization and seeding of cut fill slopes and other reclaimed areas.
Final reclamation of the site would occur at the end of productive life for the producing wells. If for some reason this well pad is not drilled within the next three to four years,
the Applicant would continue to operate the facility as a storage yard until it was no longer needed for that purpose. When this location is no longer needed, the pad would undergo final
reclamation within six months of the decommissioning. The final reclamation process would include the removal of all equipment, gravel and other surfacing materials, and piping. The
area would then be ripped to de-compact the soil and graded as near to possible to original contours or contours favorable to the desired future land use as determined by the Applicant.
The preserved topsoil would then be re-disturbed and the area reseeded to ensure effective revegetation. Final site rehabilitation would return the site to as close to pre-disturbance
conditions as possible and Stormwater BMPs would be left in place until such time as the site was deemed stabilized and the desired vegetation cover was restored to the satisfaction
of the land owner. C. DIVISION 1 -GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS Section 7-101 Compliance with Zone District Use Restrictions Staff Comments: The proposed use
complies with the development standards of the Resource Land -Gentle Slope Zoning District. 11
Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Staff Comments: The property is located in Study Area 5 of the Garfield County Comprehensive Plan of
2000. The proposed land use complies with the Comprehensive Plan as follows: • Compatibility with existing and future land uses. • Consistency with adjacent land use plans and zoning
regulations. Section 7-103 Compatibility Staff Comment: The site is located in an area currently used for extraction of oil and gas and will have minimal compatibility impacts. The proposed
use meets the requirements of the ULUR of 200B, as amended. Section 7-104 Sufficient Legal and Physical Source of Water Section 7-105 Adequate Water Supply Section 7-106 Adequate Water
Distribution and Wastewater Systems Staff Comments (for the above three items): The site is proposed for "Storage of Supplies, Machinery, Equipment, or Products" with minimal requirements
for on-site staff. There are no potable water wells or other potable water intensive uses proposed for operation of the site. Personnel will only be on-site when moving supplies or equipment
on or off the site. A permanent wastewater system such ISDS is not proposed on-site. However, the storage facility has a temporary portable toilet. Section 7-107 Adequate Public Utilities
Staff Comments: Overhead electricity is proposed for the site and shall terminate at a pole north of the entrance to the storage yard. Section 7-108 Access and Roadways Staff Comments:
The site has access from CR 211 by an existing road. This access was approved by Garfield County on December 29, 200B (Driveway Permit No. GRBOB-D-130). This road is shared with the
property to the north to access their property. The storage yard is to be located on an existing well pad and is anticipated to generate. A Basic Traffic Analysis by Olsson Associates
dated April 2010 indicates that the operation of the proposed storage yard will result in no net increase to traffic therefore no mitigation is recommended for this proposed use. This
traffic report did not take into consideration the other road that uses the site's access road. If in the future that this adjacent property develops and traffic generated, the storage
yard's access road should be further analyzed and upgrades made if needed. 12
Section 7-109 No Significant Risk from Natural Hazards Staff Response: The Applicant indicates that the site is not beneath a steep slope or shale outcrop and that there is little potential
for falling rock. No landslide deposits or ground subsidence were identified within or in the vicinity of the project. Seismicity was not addressed in this application. D. DIVISION 2
-GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS Section 7-201 Protection of Agricultural Lands Staff Comment: The use of the site will not adversely affect surrounding
agricultural uses (grazing). Section 7-202 Protection of Wildlife Habitat Areas Staff Comment: The application contains a Biological Survey Findings by WestWater Engineering dated April
27, 2010. This report states that no Threatened, Endangered, Sensitive Species Plants (TESS) are on-site or in close proximity. The site is within a mule deer and elk winter concentration
area but does not inhibit the movement of these animals. The storage yard is also within mule deer winter range but WestWater biologists observed the deer staying in lower elevations
of Clear Creek. No occupied raptor nests were located closer than 0.9 miles of the site and existence of the storage yard should not adversely impact and raptors in the area. Deer Park
Gulch is ephemeral and does not provide habitat for any sensitive aquatic species and no migratory bird species nests were found in the bush areas near the site. This report also concluded
that this site should not provide hazardous attractions to any wildlife species or block migration routes for mule deer or elk. In the Colorado Division of Wildlife's referral letter
wanted the Applicant to be aware that during the winter mule deer and elk use this area as a winter migration route and that caution should be taken when driving on CR 211 before 10:00
am and after 3:00 pm. Section 7-203 Protection of Wetlands and Waterbodies Staff Comment: The Applicant indicates that Deer Park Gulch is a well-defined creek channel with a visible
high water mark and this drainage is identified as a U.S. Army Corps of Engineers (ACOE) Jurisdictional Water. The proposed storage yard is about 147 feet from Deer Park Gulch and the
operation of that facility would not require any disturbance to that drainage, therefore no ACOE consultation or permit is required for the subject site. Section 7-204 Protection of
Water Quality from Pollutants Staff Comment: The existing Best Management Practice (BMP) for stormwater pollution prevention is maintained to ensure the protection of water quality form
surface runoff. No industrial or hazardous waste, flammable, or e~plosive solid, gas, or liquid materials are proposed to be stored on-site. 13
Section 7·205 Erosion and Sedimentation Staff Comment: Erosion controls and Stormwater BMPs are installed within and around the site to control drainage and to slow runoff velocity and
minimize the potential for erosion, sediment and seed transport off-site. Section 7·206 Drainage & Section 7·207 Storm water Run·Off Staff Comment: The well pad has been constructed
to facilitate positive drainage and erosion controls and storm water BMPs have been installed to mitigate mpacts from stormwater drainage. Section 7·208 Air Quality Staff Comments: No
air emission source is proposed for the storage yard. Section 7·209 Areas Subject to Wildfire Hazards Staff Comments: The site is identified as "Low to Moderate Hazard" on the Garfield
County Wildfire Hazard Map and a majority of the site consists of compacted soil. Section 7·210 Areas Subject to Natural Hazards and Geologic Hazards Staff Response: The Applicant indicates
that the site is not beneath a steep slope or shale outcrop and that there is little potential for falling rock. No landslide deposits or ground subsidence were identified within or
in the vicinity of the project. Seismicity was not addressed in this application. Section 7·211 Areas with Archeological, Paleontological or Historical Importance Staff Response: A Class
III Cultural Resource Inventory Report prepared by Grand River Institute dated September 3, 2008 identified four cultural resources in the area but none within the site. Section 7·212
Reclamation Staff Comments: The proposed storage yard is to utilize the existing footprint of 10BV well pad which hasn't been drilled. The Applicant's drilling program is expected to
drill the site in three to four years. The Applicant purposes the following reclamation. Interim reclamation of the existing well pad would occur after future drilling and installation
of the operations eqUipment necessary to produce the wells. Interim reclamation of this site might include re-contouring to reduce the pad footprint to only that necessary to operate
the wells; the replacement of topsoil in those areas not needed for operations; and the stabilization and seeding of cut fill slopes and other reclaimed areas. Final reclamation of the
site would occur at the end of productive life for the producing wells. If for some reason this well pad is not drilled within the next three to four years, the Applicant would continue
to operate the facility as a storage yard until it was no longer needed for that purpose. 14
When this location is no longer needed, the pad would undergo final reclamation within six months of the decommissioning. The final reclamation process would include the removal of all
equipment, gravel and other surfacing materials, and piping. There would b ripped to de-compact the soil and graded as near to possible to original contours or contours favorable to
the desired future land use as determined by the Applicant. The preserved topsoil would then be re-disturbed and the area reseeded to ensure effective revegetation. Final site rehabilitation
would return the site to as close to pre-disturbance conditions as possible and Stormwater BMPs would be left in place until such time as the site was deemed stabilized and the desired
vegetation cover was restored to the satisfaction of the land owner. E. Section 7-810 Additional Standards Applicable to Industrial Use A. All fabrication, service and repair operations
shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping. B. All operations involving loading and unloading of vehicles shall be conducted
on private property and shall not be conducted on a public right-of-way. C. All outdoor storage facilities for fuel, raw materials and products shall be screened by natural topography
or enclosed by a fence or wall adequate to conceal such facilities from adjacent property. 1. All outside storage abutting or facing a lot in a residential or commercial zone shall be
screened by natural topography or enclosed by a site-obscuring fence to obstruct the storage area from view. The fence shall be of material and design that will not detract from adjacent
residences. D. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of CDPHE. E. The volume of sound generated shall comply with the standards
set forth in the Colorado Revised Statutes. F. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at
any point of any boundary line of the property. G. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing
use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal and ref/ective painting of storage tanks, or other legal requirements
for safety or air pollution control measures shall be exempted from this provision. 15
Staff Comment: Industrial uses are permitted within zoning districts in Garfield County and defined in the ULUR, Article 16 Definitions. Some of those uses are a use-by-right and others
require Administrative or Impact Review. All industrial uses must comply with the requirements of Section 7-810 noted above. The Applicant proposes not to fence the storage yard due
to its' remote location, not being visible from CR 211, and not containing any hazardous conditions that may harm livestock or wildlife. After a site visit, Staff concurs with the Applicants
reasoning for not fencing the storage yard. F. Section 7-821 Additional Standards Applicable to Storage Areas and Facilities. A. Storage of Hazardous Materials. Flammable or explosive
solids or gases shall be stored according to the manufacturer's standards and shall comply with the national, state and local fire codes and written recommendations from the appropriate
local fire protection district. B. Materials and Wastes Contained on Property. No materials or wastes shall be deposited on the property in a form or manner that may be transferred off
the property by any reasonably foreseeable natural cause or force. C. Outdoor Storage Enclosed or Concealed. Outdoor storage facilities shall be enclosed or have adequate provisions
to conceal these facilities from adjacent property. O. Use and Storage of Heavy Equipment. 1. Loading and unloading activity shall be conducted on private property and not on any public
right-of-way. 2. Repair and maintenance activity requiring use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building,
or outdoors during the hours of 8am to 6pm Monday through Friday. 3. Storage area is not located any closer than 300 ft from an existing residential dwelling. 4. Equipment storage will
be enclosed in area with screening at least 8 feet in height and obscured from view at the same elevation or lower. 5. A minimum lot size of 5 acres that are not a platted residential
subdivision shall be required. 6. The storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. Staff Comment: The proposed site operations
discussed in the application narrative demonstrates that the use will meet the applicable storage standards with the exception of screening the storage area. Staff believes that screening
of the storage yard is not necessary due to the remote location of the site. 16
IV. REF FERAL AGENCY COMMENTS Comments have been received from the following agencies /community groups and are integrated throughout this memorandum as applicable. Garfield County Road
and Sridge Department: No comments received. Garfield County Vegetation Management (Exhibit G): This department had the following comments: • Applicant needs to commit to a long term
(3-5 year) management plan to address a Russian knapweed infestation and the first treatment shall take place in the fall 2010 (between September and mid-October). Application records
are to be submitted to the County Vegetation Manager. • Any straw or hay bales used in erosion shall be certified weed free. Garfield County Public Health (Exhibit H): The Environmental
Health section of the Garfield County Public Health Department has no major concerns regarding this project. • The CDPHE stormwater general permit is set to expire June 30, 2012 but
the Applicants are likely to operate for three to five years. A condition needs to be added that the all required federal, state and local permits be kept current throughout the life
of the facility. Mountain Cross Engineering, Inc., consulting engineer (Exhibit I): This consultant had the following comment: • The Applicant proposes that no hazardous, flammable,
or explosive, solid, gases or liquids would be stored and that no fabrication, service, and/or repair are to be done onsite. This should be made a condition of approval. Colorado Department
of Transportation (Exhibit J): This agency had no comments regarding this application. Garfield County Oil and Gas Liaison (Exhibit K): This department indicated that they had no comments
regarding this application. DeSegue Fire Protection District: No comments received. Town of DeSegue -No comments received. Colorado Division of Wildlife (Exhibit Ll: This agency has
the following recommendations: • Vehicle traffic can create short and long term impacts to wildlife. Development of a comprehensive traffic/travel management plan for the project can
provide guidance for employees to avoid and minimize vehicle caused impacts. Scheduling vehicle trips to and from the site can reduce vehicle -wildlife collisions. The optimal time for
traffic is between the hours of 10:00 am and 3:00 pm between December 1 and May 1 associated with elk winter concentration periods. • Establish an education program on reducing human
bear conflicts. 17
• Avoid construction within 300 feet of riparian areas and maintain native vegetation to assist with maintaining water quality and aquatic wildlife in Clear Creek. Construction site
run-off should be directed into sedimentation ponds and these ponds should not discharge directly into drainages. Town of Parachute: No comments received. V. SUGGESTED FINDINGS Should
the BOCC decide to approve the request of the Applicant for the Storage of Supplies, Machinery, Equipment, or Products, through this Limited Impact Review, Staff suggests the Board of
County Commissioners make the following findings: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing
before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties
were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for the Storage of Supplies, Machinery, Equipment, or Products is in the best interest
of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, can be in conformance
with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008 as amended. VI. STAFF RECOMMENDATION The Applicant has applied for a Land Use Change Permit for
Storage of Supplies, Machinery, Equipment, or Products. As conditioned, the request addresses the ULUR requirements for approving a Limited Impact Review and issuing a permit for this
specific use. Staff recommends the Board of County Commissioners approve with conditions the request from Applicant for a Land Use Change Permit for the Storage of Supplies, Machinery,
Equipment, or Products Gn a property owned by the Applicant located in SW Y-SW Y-Section 10, NWY-NWYSection 15, Township 6 South, Range 98 West, in Garfield County with the following
conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval,
unless specifically altered by the Board of County Commissioners. 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local regulations
governing the operation of this type of facility and adherence to these regulations throughout the life of this land use. 3. Vibration generated: the facility shall be so operated that
the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. 18
4. Emissions of smoke and particulate matter: the facility, generator, pump, or related driveway and parking area shall be so operated so as to comply with all Federal, State and County
air quality laws, regulations and standards, including CDPHE APCC Regulation 1 for dust. 5. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere
with the existing use of adjoining property or which constitutes a public nuisance or hazard. 6. All equipment and structures associated with this permit shall be painted with nonreflective
paint in neutral colors to reduce glare and mitigate any visual impacts. 7. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 8. The
Applicant shall adhere to and implement the Best Management Practice (BMP) for stormwater pollution prevention identified in the Storm Water Management Plan -Skinner Ridge Field Permit
(dated September 2005). 9. The storage yard shall not store any hazardous, flammable, or explosive, solid, gases or liquids and that no fabrication, service, and/or repair shall be done
on-site. 10. Applicant shall commit to a long term (3-5 year) management plan to address a Russian knapweed infestation and the first treatment shall take place in the fall 2010 (between
September and mid-October). The Application records shall be submitted to the County Vegetation Manager. 11. Any straw or hay bales used in erosion shall be certified weed free. VII.
RECOMMENDED MOTION I move to approve the Land Use Change Permit for Storage of Supplies, Machinery, Equipment, or Products for Chevron USA Inc. with the recommended findings and conditions.
19
EXHIBIT IG MEMORANDUM To: Molly Orldld-Lnrson Frolll: Sieve Anthon)' ne: Chevron Stol'age Yard Lll'A 6428 Dale: August 20, 2010 Re\'lsed COllllllents Sel5telllber 13,2010 Thauks for
Ihe opportuuity 10 COllllllenl on Ihis project. Weed Mnnngcment • The invenlory, lIIap, and weed lIIanagemenl piau are acceplable. IUlhe application Ihe applicanl slales Ihal a 38 acre
infeslation of Russian knapweed is found adjacenllo Ihc norlhensl boundnry oflhe site. Siaffrequesis Ihallhe applicanl conunit 10 n Iong-Ierm (3-5 yenr) managemenl plan Ihal will address
this infestation. We requesl lhe first Irealment take place this fall (2010) in the window between mid-Seplember and mid-Oclober. Uponlrentmenl please forward the application records
10: Garfield Counly Vegetntion Managemenl 0298 CR333A Rifle CO 81650 Compliance with the Colorado Noxious Weed Act is cited in Section 5.01 oflhe Garfield Counly Weed Management Plan
(Resolution #2002-94). Reclamation • The applicanl has quantified the surface area 10 be dlslurbed as 3.8 acrcs on private laud. Staff recommends a security of$15,200 based on the long-term
mle of $4000/acrc x 3.8 acres. • The security shall be held by Garfield Counly unlil vegelalion has been successfully reeslablished according 10 the Reclamation Siandards in Ihe Garfield
Counly Weed Management Plan. It is Ihe responsibility of the applicant to conlact the Counly, upon successful revegetation establislullenl, 10 requesl an inspection for secmily release
consideration. • The Reclamalion Standards al the date of permit issuance are cited tn Sections 4.06, 4.07 and 4.08 of the Garfield Counly Weed Management Plan (Resolution #2002-94).
• Disrcgnrd the above, recommendations on n rcvcgctnt ion s.~C\1ri ty. The site is IQcated 0.11 a well~ pad and is regulnled by the COGe,c . Erosion conlrol • Any strnw 01' hny bales
used in erosion conlrol shall bc celtified weed free.
EXHIBIT 16t MEMORANDUM To: Molly OI'I<lld-Lal'son F"om: Stel'e Anthony Re: Chevl'On Stornge Yard LIPA 6428 Dnte: Angnst 20, 2010 Thanks for the opportunity to comment on this project.
\Vced Management • The inventory, map, and weed manngement plan nre ncceptable. In the application the applicnnt states that a 38 ncre infestation of Russian knapwecd is found adjacent
to the northeast boundaoy ofthe site. Stnff requests that the applicant commit to a long-term (3-5 year) management plan that will address this infestation. We reqnest the first treatment
take plnce this fall (20 I O) in the window between mid-September and mid-October. Upon treatment please forward the application records to: Gnrfield County Vegetation Management 0298
CR333A Rifle CO 81650 Compliance with the Colorado Noxious Weed Act Is cited in Section 5.01 of the Garfield County Weed Management Plan (Resolution 112002-94). Reclamation • The applicant
has quantified the surface area to be disturbed as 3.8 acres on private land. Staff reconunends a security of$15,200 based on the long.term mte of $4000/acre x 3.8 acres. • The security
shall be held by Garfield County until vegetation hns been successfully reestablished according to the ReclnmRlion Standards in the Garfield County Weed Mnnngement Plan. It Is the responsibility
of the applicant to contact the County, upon successful revegetation establishmcnt, to request an inspection for secnrity release considemtion. • The Reclamation Standards at the date
of permit issnance are cited in Sections 4.06, 4.07 and 4.08 ofthe G.rfield County Weed Man"gement Plan (Resolution 112002-94). Erosion control • Any straw or hny bales uscd in erosion
control shall be ce,1ified weed fl·ee.
From: To: Subject: Date: Attachments: Hi Molly, .lim..BiIl1a Molly 0rtjld-I arson llPA 6428 -Chevron Storage yard. Thursday, August 12, 2010 10:44:18 AM Jim Rada lirada@garfie!d-county
corn) yet No major issues with this application. The submitted CDPHE stormwater general permit that apparently covers this facility is set to expire June 30 2012. Chevron indicates that
they will likely operate this facility for 3-5 years. It may be prudent to condition that all required federal, state and local permits be kept current throughout the life of this facility.
Otherwise, I think they have my normal issues and concerns covered pretty well. Jim Rada, RE.H5 Environmental Health Manager Garfield County Public Health 195 W 14'h Street Rifle, CO
81650 Phone 970·625-5200 x8113 Cell 970-319·1579 Fax 970-625·8304 Email jrada@garfield-county com Web WNW garfield-county com H
August 18, 20 I 0 Ms. Molly Orkild-Larson C,arlield County Ruilding & Planning 0375 County Road 352, l3uilding 2060 Ri fl e, CO 81650 RE: L1PA-6428, Chen-on Storage Yard Dear Molly:
MOUNTf\lN CROSS ENGINEERIN(i, INC. CI\'ll ANO ENVIRON.\1ENTAt CONSUlTING ANO DESIGN EXHIBIT :c This oft1ce has performed a review of the documents provided for the Limited Impact application
of Chevron. The subrnillal was ((HInd to be thorough and well organized. The fo llowing comment was generated: • The application proposes that no hazardous, flammable, or explosive,
solids, gases or liquids would be stored at the storage. yard and that no fab ri cation, service, <Indlor repair is to be done on site. These should be conditions of approval. Feci free
to call if any of the above needs claritieation or if you have any questions or commen ts. Sincerely, l."lountail Cross Engincel ' ng, In Chris Hale, PE 826 1/2 Grand Avenue · Glenwood
Springs, (0 Ot 6ln PH: 970.945.5544 • rAX : 'J 70.'J43 .555B • ww\v.mount cl incross-eng.colll
From: To: Subject: Date: Roussin Danie! Molly 0 rlsild-I arson Chevron USA Lay Down Yard Friday, August 13, 2010 4:41:55 PM I have no comments on this project in regards to access permitting.
thanks Dan Roussin Region 3 Permit Unit Manager 222 South 6th Street, Room 100 Grand Junction, CO 81501 970-683-6284 Office 970-683-6291 Fax EXHIBIT I~
From: To: Subject: Date: Hi Molly, Judith Jordan Molly Orleild-I arson Chevron laydown Yard Wednesday, August: 11, 2010 9:08:45 AM EXHIBIT I ~ I don't have any comments on the Chevron
laydown yard application except that it looked like a very thorough application. Thanks for the opportunity to review. Judy Judy Jordan Oil & Gas Liaison Garfield County 0375 County
Rd 352 Building 2060 Rifle, CO 81650 (970)625-5905 (p) (970)625-5939 (f) jjordan@garfield-county.com
STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver. Colorado
80216 Telephone: (303) 297-1192 wildlife. state. co. us Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT For WildlifeFor
People Subject: Chevron's Industrial Use Laydown Yard to Store Supplies, Machinery, Equipment 01-Products Thank you for the oppOltunity to comment on the Chevron's Industrial Use Laydown
Yard, located in pOltions of Section 10 & 15, Township 6 South, Range 98 West within Garfield County, Colorado. The Colorado Division of Wildlife (CDOW) has reviewed the application
and offers the following comments. The Chevron propelty contains elk winter concentration areas and black bear fall concentration areas as depicted by the Natural Diversity Information
Source (NDIS), 2010 mapping. Clear Creek contains riparian habitats and small wetland areas adjacent to the creek. If approved this project will likely increase vehicle use of County
Road 211 and 204. Increased traffic may also increase the risk of vehicle-wildlife collisions. CDOW recommendations. 1) Vehicle traffic can create short and long term impacts to wildlife.
Development of a comprehensive traffic/travel management plan for the project can provide guidance for employees to avoid and minimize vehicle caused impacts. Scheduling vehicle trips
to and from the site can reduce vehicle-wildlife colli sions. The optimal time tor traffic is between the hours of 10:00 a.m. and 3 :00 p.m. between December I and May I associated with
elk winter concentration periods. 2) Chevron should consider establishing an education program that focuses on reducing humanbear conflicts including; initiating a food and waste/refuse
management program that uses bearproof food storage containers and trash receptacles; establishing company policies to prohibit keeping food and trash in the laydown yard; establishing
company policies to support enforcement of state prohibition on feeding of bears; and reporting bear conflicts immediately to CDOW. Increasing employee's level of awareness about bears
would benefit workers and wildlife alike. 3) Avoiding construction within 300 feet of riparian areas and maintain native vegetation will help maintain water quality and aquatic wildlife
in Clear Creek. Construction site runoff should be directed into sedimentation ponds and sedimentation ponds should not discharge directly into drainages. DEPARTMENT OF NATURAL RESOURCES,
Mike King, Executive Director WILDLIFE COMMISSION, Tim Glenn, Chair. Robert Streeter, Vice Chair. Marl< Smith, Secretary Members, David R. Brougham. Dennis Buechler. Dorothea Farris.
Allan Jones. John Singletary. Dean Wingfield Ex Officio Members, Mike King and John Stulp
Chevron -July 21,2010 RECEIVED JUL 2 2 2010 GARFIELD COUNTY BUILDING & PLANNING Garfield County Building &Planning Department Attn: Molly Orkild-Larson 0375 County Road 352, Building
112060 Rifle, CO 81650 Molly, Walter Jones Landman Piceance Basin MidContinent/Alaska Business Unit Chevron U,S.A. Inc. P,O, Box 2100, Houston, TX 77252-2100 1400 Smith St, Houston,
TX 77002 Tel 713-372-3463 Fax 866-452-5759 wjbj@chevron.com Per my email correspondence dated July 21, 2010, enclosed with this letter is an updated deed package for Chevron's L1PA 6428
application. Upon your receipt and review of this deed package, Chevron respectfully requests a short teleconference to discuss any questions or issues Garfield County may have. Please
give me a call at 73-372-3463 should you have any questions, Regards, Enclosures
Tract 72 As found in sections 10 & 15, T65, R98W Garfield County, Color"ado
, -----I 4-I