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HomeMy WebLinkAbout3.01 Division 2 NarrativeOXY USA WTP LP Pond 10 General Resource Protection Standards Narrative Garfield County Limited Impact Review, 2014 Page 1 of 7 General Resource Protection Standards Narrative Article 7 – Division 2 1.0 Introduction The following section addresses the requirements for the General Resource Protection Standards under Article 7, Division 2 of the Garfield County Land Use and Development Code (LUDC). 2.0 Section 7-201. AGRICULTURAL LANDS. No Adverse Affect to Agricultural Operations, Domestic Animal Controls, Fences, Roads, and Irrigation Ditches The proposed site is located within the Gentle Slopes of the Resource Lands zone district and will not cause an adverse impact to agricultural operations. Domestic animals are not allowed on the proposed site. The site was previously developed and not used for agricultural purposes. The perimeter of the site will be fenced with animal proof fencing. Irrigation ditches are not located within the perimeter. The proposed site with not interfere with any ditch right-of-ways. 2.1 Section 7-202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Division of Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Grasslands and sagebrush surround the site. The biological survey conducted determined there will be no impact to wildlife since the site has previously developed and wildlife has likely become accustomed to the facility. Proposed site modifications are not anticipated to require habitat compensation. Domestic animals are not allowed on the proposed site. Netting would exclude birds from entering the produced water storage impoundment and would eliminate the harming of birds protected under the Migratory Bird Protection Act. Fencing, specifically a chain link fence with 1 foot below grade and 2 feet above grade mesh prevent both large mammals (including game species) and small mammals from entering the produced water storage impoundment. Environmental Impact Assessment is located in the Impact Analysis tab. Wildlife Habitat Report for the water impoundment use is located in the Standards tab. 2.2 Section 7-203. PROTECTION OF WATERBODIES. A. Minimum Setback. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterbody is required. The proposed site is located more than 35 feet from any Waterbody. The nearest waterbody is Conn Creek, located 330 feet to the east of the site. Ditches, labeled Intermitted Streams on the Surface Water Figure, are located outside the perimeter of the site. Intermitted Stream A is located 10 feet north of the site. Ditches do notAmeetAtheAGarfieldACountyAdefinitionAasAaA“waterbody”. The labeled ditches move water from one place to another less than 2 months of the year. The Surface Water Figure is located in the Grading and Drainage Plan tab. B. Structures Permitted In Setback. Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. OXY USA WTP LP Pond 10 General Resource Protection Standards Narrative Garfield County Limited Impact Review, 2014 Page 2 of 7 An irrigation ditch is located 10 feet north of the site. The irrigation ditch will not require disturbance and is located outside the perimeter of the subject site. The Surface Water Figure shows all surface water features near the site, is located in the Grading and Drainage Plan tab. C. Structures and Activity Prohibited in Setback. Unless otherwise permitted or approved, the following activities and development shall be prohibited in the 35 foot setback: 1. Removal of any existing native vegetation or conducting any activity which will cause any loss of riparian area unless it involves the approved removal of noxious weeds, nonnative species, or dead or diseased trees. 2. Disturbance of existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. Measures taken to restore existing topography. No vegetation will be removed from the 35 foot setback or outside the perimeter of the site. No riparian areas will be impacted by the construction of the proposed site. 95% of the site was previously graded. The site will not impact or disturb existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics. D. Compliance with State and Federal Laws. Any development impacting a Waterbody shall comply with all applicable state and federal laws, including, but not limited to, CDPHE water quality control division regulations and the Army Corp of Engineers regulations and permitting for waters of the U.S. The proposed site will not be located within a water body setback and will not impact any water body. The Surface Water figure is located in the Grading and Drainage Plan tab. 2.3 Section 7-204 DRAINAGE AND EROSION. A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. The water impoundment site adheres to the OXY Stormwater plan. Cascade Creek field stormwater documents are provided in the Grading and Drainage Plan tab. B. Drainage. The site has been designed to adhere to the Drainage Standards stated in Section 7-204 B of the Garfield County LUDC. Drainage plan, calculations, and figures are located in the Grading and Drainage Plan tab. The storage site adheres to the OXY Stormwater plan. Cascade Creek field stormwater documents are provided in the Grading and Drainage Plan tab. C. Stormwater Run-Off. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development creating 10,000 square feet or more of impervious surface area. The proposed Pond 10 site is not located in the 100 feet of any water body. The development of the proposed site will not create 10,000 square feet of impervious surface area. The water OXY USA WTP LP Pond 10 General Resource Protection Standards Narrative Garfield County Limited Impact Review, 2014 Page 3 of 7 impoundment site adheres to the OXY Stormwater plan. Cascade Creek field stormwater documents are provided in the Grading and Drainage tab. 2.4 Section 7-205. ENVIRONMENTAL QUALITY. A. Air Quality. Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. An air permit exemption was issued by the Colorado Department of Public Health and Environment (CDPHE) for the natural gas generator. The exemption is valid through June 2016. The CDPHE exemption letter is located in the Impact Analysis tab. OXY assessed and determined the proposed Pond 10 does not qualify for an Air Quality permit. OXY conducted quarterly sampling of the previous ponds and analytical results concluded the hydrocarbons were less than 1%. Pond 10 operations are not considered commercial facilities since Oxy will be the sole user of the pond. The proposed pond qualifies for the CDPHE Reg 3, II.D.1.uuu exemption, which states: Surface water storage impoundment of non-potable water and storm water evaporation ponds, with the exceptions of oil and gas production water impoundments (including produced water tanks) containing equal to or more than one percent by volume crude oil on an annual average and commercial facilities that accept oil and gas production wastewater for processing. Oxy will continue to perform quarterly sampling of Pond 10 to monitor compliance with the CDPHE Air Permit exemption. B. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. Hazardous materials will not be stored or transported on the proposed site. Three monitoring wells will be installed and sampled in accordance with a COGCC recommended sampling plan to ensure water quality. Potential locations of the monitoring wells are shown in the Monitoring Wells figure, located in the Grading and Drainage Plan tab. The applicant will provide Garfield County with the determined monitoring well locations and sampling plan once COGCC approves the Form 28 for the proposed site. 2.5 Section 7-206. WILDFIRE HAZARDS. The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility Index Map as indicated in the County’s Community Wildfire Protection Plan. A. Location Restrictions. Development associated with the land use change shall not be located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. The proposed site is not located in a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney. B. Development Does Not Increase Potential Hazard. OXY USA WTP LP Pond 10 General Resource Protection Standards Narrative Garfield County Limited Impact Review, 2014 Page 4 of 7 The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. The proposed facility will not increase the potential intensity or duration of a wildfire. Fuels will not be stored on site and the site will maintain weed control to prevent wildfire from entering the site. C. Roof Materials and Design. Roof materials shall be made of noncombustible. The only building on the site will be the generator building. Roof materials are noncombustible and the generator building has been designed to be non-combustible. Engineering drawings of the generator building are located in the Maps and Plans tab. 2.6 Section 7-207. NATURAL AND GEOLOGIC HAZARDS. A. Utilities. Above-ground utility facilities located in Hazard Areas shall be protected by barriers or diversion techniques approved by a qualified professional engineer. The determination to locate utility facilities above ground shall be based upon the recommendation and requirements of the utility service provider and approved by the County. Public utilities will not be installed at the proposed site. A natural gas generator is located in the Storage Area 2. The generator is located 480 feet from the eastern boundary berm and 530 feet from the toe of the slope. The generator is located on the western boundary of the site, outside the potential rockfall area. nAassessmentAofArockslidesAandAlandslidesAwasAconductedAbyAOxy’sA Operations Engineer. No evidence of large rocks or debris exists west of the buffer or near the generator. 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. B. Development in Avalanche Hazard Areas. Development may be permitted to occur in Avalanche Hazard Areas if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and the plan approved by the County. The Pond 10 Site and the access road are not expected to be within an avalanche prone area. Therefore, avalanches are not expected to pose a hazard to the proposed development. Avalanche hazard areas are detailed in the Natural and Geologic Hazard Report, located in the Impact Analysis tab. C. Development in Landslide Hazard Areas. Development may be permitted to occur in Landslide Hazard Areas only if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. The site and access road are not located within an area that has been mapped landslide hazard areas. The site has been engineered to eliminate any impacts to the site in the event of a landslide. nAassessmentAofArockslidesAandAlandslidesAwasAconductedAbyAOxy’sAOperationsAEngineer.A OXY USA WTP LP Pond 10 General Resource Protection Standards Narrative Garfield County Limited Impact Review, 2014 Page 5 of 7 No evidence of large rocks or debris exists west of the buffer or near the generator. 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. D. Development in Rockfall Hazard Areas. Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County. The Site and access road are in an area of rockfall or potential for rockfall. The site has been designed to mitigate the potential impacts and several engineering features will be constructed to protect the site. The site will be constructed with a buffer area around the perimeter to protect it in the event of rock falls. The pond will be located approximately 25 feet from the toe of the slope and a low hill to the east of the Site will have a maximum height of 5 feet to 10 feet above the base of the swale, and 35 feet above the base of the Pond 10 pad. The swale will vary in width from 12 feet to 2 feet, and in depth from one foot to five feet. An assessment of rockslides and landslides was conductedAbyAOxy’sAOperationsAEngineer.ANoAevidenceAofAlargeArocksAorAdebrisAexistsAwestAofAtheA buffer or near the Site. 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. Engineering designs are shown in the Site Plan, provided in the Maps and Plans tab. E. Development in Alluvial Fan Hazard Area. Development shall only be permitted to occur in an alluvial fan if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. The proposed site is not located in a mapped alluvial fan hazard area. Alluvial fan hazard areas are detailed in the Natural and Geologic Hazard Report, located in the Impact Analysis tab. F. Slope Development. Development on Slopes 20% or greater shall only be permitted to occur if the Applicant demonstrates that the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. The pond has an access road and water diversion around the uphill side and the sides of the pond are built up with rock barriers. These engineering controls are expected to mitigate rockfall, slides, or debris flows. Slope development areas are detailed in the Natural and Geologic Hazard Report, located in the Impact Analysis tab. G. Development on Corrosive or Expansive Soils and Rock. Development in areas with corrosive or expansive soils and rock shall be designed based upon an evaluation of the development’s effect on Slope stability and shrink-swell characteristics. Development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas OXY USA WTP LP Pond 10 General Resource Protection Standards Narrative Garfield County Limited Impact Review, 2014 Page 6 of 7 and the development complies with design, construction stabilization, and maintenance measures certified by a qualified professional engineer, or qualified professional geologist, and is approved by the County. The Pond 10 Site and access road are not located in an area known to have expansive soil or rock types. Development on corrosive or expansive soils and rock are detailed in the Natural and Geologic Hazard Report, located in the Impact Analysis tab. H. Development in Mudflow Areas. Development shall be permitted in a mudflow area only if the Applicant demonstrates that the development cannot avoid such areas, and the development adequately employs, construction stabilization, and mitigation and maintenance measures as designed by a qualified professional engineer, or qualified professional geologist, and as approved by the County. The Pond 10 Site is not located in an area mapped as having mudflows or debris fans. Mudflow areas are detailed in the Natural and Geologic Hazard Report, located in the Impact Analysis tab. I. Development Over Faults. Development shall be permitted over faults only if the Applicant demonstrates that such areas cannot be avoided and the development complies with mitigation measures based on geotechnical analysis and recommendations, as certified by a qualified professional engineer, or qualified professional geologist, and approved by the County. According to the Geologic Map of the Red Pinnacle Quadrangle Map (Donnell et al, 1992) does not show any faults in proximity to Pond 10 Site. There are no mapped faults in the immediate vicinity of the proposed site. Development over faults are detailed in the Natural and Geologic Hazard Report, located in the Impact Analysis tab 2.7 Section 7-208. RECLAMATION. A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to the following activities: The Oxy Reclamation Plan in located in the Impact Analysis tab. A detailed summary of the Reclamation plan is provided in the Drainage and Grading Report. 1. Installation of ISDS. Installation of a new or replacement ISDS. An ISDS will not be installed on the Pond 10 site. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a CDOT Access Permit. The site will be accessed using a pre-existing driveway established for the previously developed site. At this time a driveway permit is not planned. Any driveway construction that requires a Garfield County Access Permit or a Colorado Department of Transportation Access Permit, the appropriate permit shall be obtained. 3. Preparation Area. All areas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used for the short-term preparation of the site. OXY USA WTP LP Pond 10 General Resource Protection Standards Narrative Garfield County Limited Impact Review, 2014 Page 7 of 7 A preparation area will not be required for construction of the proposed site. There are no plans for additional areas of disturbance for short-term preparation. B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural-appearing landforms that blend in with adjacent undisturbed topography. 1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established and growing based on 70% coverage as compared with the original on-site vegetation within 2 growing seasons, using species with a diversity of native and/or desirable nonnative vegetation capable of supporting the post-disturbance land use. To the maximum extent feasible, disturbed areas shall be revegetated to a desired plant community with composition of weed-free species and plant cover typical to that site. Any disturbances, including final reclamation will be completed in accordance with the attached Weed Management and Reclamation Plan, located under the Impact Analysis Tab. 2. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas. Majority of the site was previously disturbed and developed. Any top soil will be stockpiled and places on disturbed areas. 3. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. Not Applicable- Retaining walls are not located on the proposed site. 4. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot-clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. No slash will be left on-site. 5. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. Any debris will be removed from the site during the construction phrase. 6. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. At this time, there are no foreseen plans to fully reclaim this facility.