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HomeMy WebLinkAbout3.0 Division 1 NarrativeOXY USA WTP LP Pond 10 General Approval Standards Narrative Garfield County Limited Impact Review, 2014 Page 1 of 8 General Approval Standards Narrative Article 7 Division 1 1.0 Introduction The following section addresses the requirements for the General Approval Standards under Article 7, Division 1 of the Garfield County Land Use and Development Code (LUDC). 2.0 Section 7-101. ZONE DISTRICT USE REGULATIONS. The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. Oxy requests a waiver for the Zone District Use Regulations of the General Use Standards, Section 7- 101 of the Garfield County Land Use and Development Code. The waiver is for the Side Setback Standard of the Resource Lands-Gentle Slopes Zone District, Section 3-201 of the Garfield County Land Use and Development Code. The proposed site does not meet the requirement of 10 feet from theAadjacentApropertyAboundary:ATheAproposedAsiteAisAlocatedAonAtheA pplicant’sApropertyAandAonA the adjacent parcel owned by JOJO Properties (JOJO). A Surface Use Agreement (SUA) is established for the JOJO parcel and the Savage Limited Partners (LP) parcel located south of the site location. Site features located on the adjacent parcel are drainage and stormwater controls that are required for proper mitigation of surface water and to minimize impacts to the adjacent parcels. A SUA was established with Savage (LP) to included tract 39, located South of Applicant parcel. Part of the Tract 39 is now owned by JOJO. The SUA was established under Savage (LP) prior to the transaction. The SUA remains in effect for the JOJO Properties parcel. The Savage SUA and Special Warrant Deed are located in the Impact Analysis tab. The JOJO and Savage parcels are zoned resource lands and natural gas activities are currently located on both parcels. Oxy currently has stormwater mitigations features located on the Savage and JOJO properties. Oxy currently maintains access roads located on the JOJO parcel. The nearest residence is located approximately 2000 feet to the South on the Savage property. The figure in the Noise Analysis shows the location of the nearest residence. The residence will not incur any impacts from noise and is screened by the natural topography. The Site Plan, showing the Savage property, is located in the Maps and Plans tab. 2.1 Section 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement. The applicant is not aware of any applicable Intergovernmental Agreement. The Pond 10 is designed to conform to the Garfield County Comprehensive Plan. The Pond 10 site meets the applicable goals and policies listed in by the Comprehensive Plan for Mineral Extraction. Applicable Goals: 1. Ensure that mineral extraction is regulated appropriately to promote responsible development and provide benefit to the general public. The proposed water impoundment will comply with all Garfield County and Colorado State regulations. The installation of the proposed site will benefit the general public by being located OXY USA WTP LP Pond 10 General Approval Standards Narrative Garfield County Limited Impact Review, 2014 Page 2 of 8 withinAOXY’sAoperatingAareaAresultingAinAreduceAtrafficAonApublicAroads and efficient reuse of produced water. 2. Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources. In compliance with the Garfield County Comprehensive Plan (GCCP), the Pond 10 is designed to minimize any impact to adjacent land. The site will meet air and water quality standards regulated by Colorado Department of Public Health and Environment (CDPHE). The proposed water impoundment will be located on a 7732 acre parcel in a non-populated resource lands area. Details on the design of the facility are located in the Application Narrative and figures are provided in the Maps and Plans tab. The Wildlife Habitat Report is located in the Standards tab. Applicable Policies: 3. Natural drainage patterns will be preserved or mitigated so the cumulative impact of mineral extraction activities will not cause storm drainage/ floodwater patterns to exceed the capacity of natural or constructed drainage ways, or to subject other areas to increased flooding, erosion or sedimentation or result in pollution to streams, rivers or other natural bodies of water. The proposed site will be graded to minimize any stormwater impacts. Grading and drainage control plans are located in the Grading and Drainage Plan tab. No drainage patterns will be impacted by the installation of the proposed water impoundment site. Sediment traps and retention ponds will be installed on the site to prevent any impacts to surrounding water sources and lands. Floodplain and flood fringe delineations are depicted in the Floodplain Figure located in the Grading and Drainage Plan Tab. The 100-year floodplain boundaries are well outside the immediate vicinity of the Pond 10 perimeter as shown on the Floodplain Figure. 4. Facilities that are appurtenances to oil/ gas development activities (compressors, etc.) are considered appropriate in all land uses so long as they meet the respective mitigation requirements of the ULUR to maintain compatibility with surrounding land uses. The Pond 10 site is a necessary accessory to natural resource extractions performed by OXY. The location of the water impoundment site was designed to achieve optimal efficiency while minimizing impacts. The proposed site will meet the criteria for all Resource Lands Zone District standards. 2.2 Section 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. The proposed site will be located in an area with current natural gas exploration and production activities. The water impoundment site is designed to minimize any impact to adjacent land and is locatedAwithinAOXY’sAoperatingAfield:A 2.3 Section 7-104. SOURCE OF WATER. All applications for Land Use Change Permits shall have an adequate, reliable, physical, long-term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. OXY USA WTP LP Pond 10 General Approval Standards Narrative Garfield County Limited Impact Review, 2014 Page 3 of 8 The standard Sufficient Adequate, Legal, and Physical Source of Water, Section 7-104 of the Garfield County LUDC, is not applicable to the proposed use. The proposed facility will not require water for personnel. The Pond 10 will not have personnel staffed at the site on a regular continuous basis. During completions activities, personnel will access and operate the facility full time until completion activities are finalized. Anticipated completion activities take approximately 5 days to complete. Completion activities occur and are not a daily event at the site. Due to the minimal presence of employees onsite, drinking water use will not be required onsite during operations. Drinking water will be provided to personnel in the form of bottled water. The Pond 10 site will store produced water at the site. Produce water is retrieved from a natural gas well during operation and stored at the subject site. The Non-Tributary Groundwater Analysis is provided in the Impact Analysis tab. 2.4 Section 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. The Land Use Change shall be served by water distribution and wastewater systems that are adequate to serve the proposed use and density. TheAstandardA“ dequateACentralAWaterADistributionAandAWastewaterASystems,”ASectionA7-105 of the Garfield County LUDC, is not applicable to the proposed use. The subject use is not served by an existing public collection system or treatment facility nor is an on-site wastewater treatment systems proposed. During operations, personnel will not be required to be manned at the site other than during completions activities. Due to the minimal presence of personnel onsite, a wastewater use will not be required onsite. A portable toilet is located 120 feet to the west from the site perimeter. 2.5 Section 106. PUBLIC UTILITIES. The proposed use does not require the use or installation of any public utilities. 2.6 Section 7-107. ACCESS AND ROADWAYS. A. Access to Public Right-of-Way. All lots and parcels shall have legal and physical access to a public right-of-way. The proposed site has legal access from an existing OXY Lease Road which is access by County Road 213. The proposed site will use the existing access that was established when the site location was originally development. The Traffic Study and Access Road figure are located in the Impact Analysis tab. The Roadway Standards Figure and Roadway Standards Table 7-107 Map detailing access roads are located in the Standards tab. B. Safe Access. Access to and from the use shall be safe and in conformance with applicable County, State, and Federal access regulations. Where the Land Use Change causes warrant(s) for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. The subject site was designed to allow safe access to the site from the OXY Lease Road. The width of the access is 16 feet, meeting the Garfield County requirement of Right-of-Way width of 15-30 feet for Primitive road standards. The subject site does not warrant improvements to County Roads, State, or Federal Highways. The site is accessed from an existing private access road and does not result in a significant increase to traffic on public roads. All roads located on the subject parcel are maintained by OXY to achieve optimal safety, including speed restrictions, regular road OXY USA WTP LP Pond 10 General Approval Standards Narrative Garfield County Limited Impact Review, 2014 Page 4 of 8 maintenance,AandAsnowAmaintenance:ATheAsiteAwillAadhereAtoAOXY’sAFugitiveADustAMitigationAplan,A located in the Impact Analysis tab. The Traffic Study and Access Road figure are located in the Impact Analysis tab. The Roadway Standards Figure and Roadway Standards Table 7-107 Map are located in the Standards tab. C. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. Vehicles accessing the site will not result in an overall significant increase to current traffic. The proposed site will not cause congestion and unsafe conditions to the County, State, and Federal roadway systems. On average, 4-14 vehicles will access the site daily. Details on traffic statistics and recommendations are described in the Traffic Study, located in the Impact Analysis tab. The private lease road maintained and owned by Oxy is classified as a Secondary Access and meets the roadway standards. The Roadway Standards Figure and Roadway Standards Table 7-107 Map are located in the Standards tab. D. Road Dedications. All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. The proposed site is located on private land and is accessed by a private road owned by the applicant. The site will not allow public access. A right-of-way road dedication is not applicable to the site. The Roadway Standards Figure and Roadway Standards Table 7-107 Map are located in the Standards tab. E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. Impacts to County roads are not anticipated. The site will not result in an overall significant increase to current traffic. Details on traffic statistics and recommendations are described in the Traffic Study, located in the Impact Analysis tab. TheAsiteAwillAadhereAtoAOXY’s Fugitive Dust Mitigation plan, located in the Impact Analysis tab. The Roadway Standards Figure and Roadway Standards Table 7-107 Map are located in the Standards tab. F. Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows to Table 7-107. The Average Daily Traffic (ADT) for the proposed site is 4-14 vehicles. The site was designed to meet the requirements of the Primitive road standards of Table 7-107 of the Garfield County LUDC. The Roadway Standards Figure and Roadway Standards Table 7-107 Map are located in the Standards tab. Table 7-107: Roadway Standards Design Standards Primitive/ Driveway Pond 10 Access Ft Design Capacity (ADT) 0 – 20 0-20 Minimum ROW Width 15 to 301 16 Minimum OXY USA WTP LP Pond 10 General Approval Standards Narrative Garfield County Limited Impact Review, 2014 Page 5 of 8 (Feet) Lane Width (Feet) Single Lane 12 Single Lane 12 Shoulder Width (Feet) 0 0 Ditch Width (Feet) 32 n/a–See Below Cross Slope 2% 2% Shoulder Slope n/a n/a Design Speed n/a n/a Minimum Radius (Feet) 40 50 Maximum % Grade 12% 12% Surface Native Material Native Material 1 As determined adequate in an engineering review. Primitive road shall be dedicated ROW, driveway can be dedicated as either an easement or ROW. 2 If determined necessary for adequate drainage. Ditches have been determined unnecessary for adequate drainage and will not be installed at the site. The site has designed by DR Griffin with stormwater and drainage controls to be constructed on the site. The site will not require ditches along access roads; stormwater mitigations have been implemented in the overall design of the site. The drainage plan was designed to allow proper drainage for site features, including access roads, the water impoundment, and storage areas. The site plan is located in the Maps and Plans tab. 1. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. The site will be accessed from a private road owned and maintained by the applicant. The access roads within the site were designed to allow adequate and efficient internal circulation for trucks hauling water. Access to the site will form a continuous route with the adjacent road and with other facilitiesAonAOXY’sAproperty: The Roadway Standards Figure and Roadway Standards Table 7- 107 Map detailing access roads are located in the Standards tab. 2. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off-set intersections, unless otherwise approved by the County. No more than 2 streets will intersect at 1 point. The site access and the private lease road will be the only streets at the subject intersection. The Site Plan is located is the Maps and Plans tab. 3. Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. A street name will not be given to the site access. The site is not accessed by a public road and the road does not allow public access to the site. The access will be classified at a Primitive Roadway within the site perimeter. The Oxy private lease road is classified as a Secondary Access. The Roadway Standards Figure and Roadway Standards Table 7-107 Map detailing access roads are located in the Standards tab. 4. Congestion and Safety. The road system shall be designed to minimize road congestion and unsafe conditions. OXY USA WTP LP Pond 10 General Approval Standards Narrative Garfield County Limited Impact Review, 2014 Page 6 of 8 The site has been designed to minimize road congestion and unsafe conditions. The site will be accessed from a private lease road and not a county or public road. The site will be accessed by 4- 14 vehicles a day and will not result in a significant increase to traffic. The Traffic Analysis report is provided in the Impact Analysis tab. The Roadway Standards Figure and Roadway Standards Table 7-107 Map detailing access roads are located in the Standards tab. 5. Continuation of Roads and Dead-End Roads. Roads shall be arranged to provide for the continuation of major roads between adjacent properties when appropriate and necessary for traffic movement, effective fire protection, or efficient provision of utilities. The site is located on private property and will be accessed by a private lease road owned and maintained by the applicant. The subject parcel is in the Resource Lands zone district and not a populated area. The 7732 acre subject parcel is located at the end of County Road 213. The site will not impede the traffic movement. The Access Route figure is located in the Impact Analysis tab. The Roadway Standards Figure and Roadway Standards Table 7-107 Map detailing access roads are located in the Standards tab. 6. Relationship to Topography. Streets shall be designed to be compatible with the topography, creeks, wooded areas, and other natural features. Combinations of steep grades and curves should be avoided. When, due to topography, hazards or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways, then dedication or right-of way in excess of the minimum standards set forth in this Code shall be required. Approximately 95% of the site has been previously graded. Steep slopes and curves are not present in the design of the site access. The site access has been designed to allow safe access to the site. 7. Erosion and Drainage. The road system shall minimize erosion and provide for efficient and maintainable drainage structures. Site access will minimize erosion and has been designed with drainage features throughout the site. The site has been designed by DR Griffin with stormwater and drainage controls to be constructed on the site. Stormwater mitigations have been implemented in the overall design of the site. The drainage plan was designed to allow proper drainage for site features, including access roads, the water impoundment, and storage areas. The site plan is located in the Maps and Plans tab. Drainage features are detailed in the documents provided in the Grading and Drainage Plan tab. 8. Commercial and Industrial. The roads and access in commercial and industrial developments shall be designed to minimize conflict between vehicular and pedestrian traffic. The proposed industrial site will not create conflict between vehicular and pedestrian traffic. The site is located on private property and is access by a private road operated and maintained by the applicant. Personnel on the site will work in areas of traffic. The site was designed to eliminate potential hazards to personnel and will allow safe and efficient traffic flow. Access roads are detailed in the Site Plan, located in the Maps and Plans tab. 9. Emergency Access and Egress. Roads shall be designed so as to provide emergency access and egress for residents, occupants, and emergency equipment. Emergency access shall comply with provisions of the International Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law enforcement. OXY USA WTP LP Pond 10 General Approval Standards Narrative Garfield County Limited Impact Review, 2014 Page 7 of 8 The site access has been designed to provide emergency access and egress for personnel and emergency equipment. Emergency responses and plans are detailed in the Emergency Response Plan, provided in the Maps and Plans tab. 10. Traffic Control and Street Lighting. Traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks are to be provided as required by the County Road and Bridge Department or other referral agencies. The site will not require traffic control devices or street lighting. The site is located on private property and is access by a private road operated and maintained by the applicant. The subject parcel is in the Resource Lands zone district and not a populated area. The 7732 acre subject parcel is located at the end of County Road 213. 11. Drainage Structures. Site access has been designed with drainage features throughout the site. The site has been designed by DR Griffin with stormwater and drainage controls to be constructed on the site. Stormwater mitigations have been implemented in the overall design of the site. The drainage plan was designed to allow proper drainage for site features, including access roads, the water impoundment, and storage areas. The site plan is located in the Maps and Plans tab. Drainage features are detailed in the documents provided in the Grading and Drainage Plan tab. 12. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. In no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater than 5 cubic feet per second during a 25-year, 24-hour storm event. Ditches have been determined unnecessary for adequate drainage and will not be installed at the site. The site has been designed by DR Griffin with stormwater and drainage controls to be constructed on the site. The site will not require ditches along access roads; stormwater mitigations have been implemented in the overall design of the site. The drainage plan was designed to allow proper drainage for site features, including access roads, the water impoundment, and storage areas. The site plan is located in the Maps and Plans tab. 2.7 Section 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. The proposed site is not located within flooding, radiation, high water table, and avalanche or mud flow areas. The site is located nearby a potential rockfall area. The pond will be located approximately 25 feet from the toe of the slope. The Site will be constructed with a buffer area around the perimeter to protect it in the event of rock falls. An assessment of rockslides and landslidesAwasAconductedAbyAOxy’sAOperationsAEngineer:ANoAevidenceAofAlargeArocksAorAdebrisAexists west of the buffer. The Assessment determined there was not a significant risk to the proposed site from rockslides and landslides. The Natural and Geologic Hazards Assessment Report and the Rockslide and Landslide Assessment are located in the Impact Analysis tab and the Site Plan is located in the Maps and Plans tab. OXY USA WTP LP Pond 10 General Approval Standards Narrative Garfield County Limited Impact Review, 2014 Page 8 of 8 2.8 Section 7-109. FIRE PROTECTION. A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. The proposed site is located within the DeBeque Fire Protection District. The site was designed to meet all requirements of the DeBeque Fire Protection District. B. Subdivisions. All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions. TheAstandardA“FireAProtection.ASubdivisions”,ASectionA7-109 B. of the Garfield County LUDC, is not applicable to the proposed use. The site will be an industrial use and no division of land will occur.