HomeMy WebLinkAbout2.0 BOCC Staff Report 12.17.2007.pdfExhibits for a Public Hearing held on December 1 ih, 2007 (Warehouse Facility and
Staging Area)
Exhibit Letter
(A to Z)
A
B
c
D
E
F
G
H
I
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Proof of Publication
Garfield County Zonin Resolution of 1978, as amended _
A lication
Staff Memorandum
Memo from Garfield Cou nty Road and Bridge Department, dated November 1st,
2007
Email from Garfield County Vegetation M anagement, dated November 191 ,
2007
Letter from the Town of Parachute, dated November 91
, 2007
Email from Garfield County Environmental Health Department, dated November
12th, 2007
APPLICANT I OWNER
LOCATION
SITE DATA
EXISTING ZONING
ACCESS
WATER
SEWER
C ra i g Ri cha rd so n \
Warehouse Facility and Staging Area
Conditional Use Permit
Berry Petroleum
North of the Town of Parachute , CO
880 acres/proposed operation site 12 .36 acres
Resource Lands -Plateau
County Road 215
Bottled water
Portable toilets (Down Valley Septic)
*
Page 1 BOCC 12/17/2007
I REQUEST
The Applicant requests that the Board of County Commissioners (the BOCC) approve a
Conditional Use Permit (CUP) to allow a "Warehouse Facility/Staging Area" on a property
located approximately seventeen (17) miles northwest of the Town of Parachute,
Colorado. Specifically, the Applicant intends to allow Marathon Oil to construct and
operate a "lay down yard".
II SITE INFORMATION
The proposed facility will consist of approximately twelve (12) acres of graded surface to
be covered with a crushed rock surface utilized to store material and equipment
associated with Marathon's natural gas activates in the area. The proposed site will
include outdoor storage areas (Pad A and 8) and a warehouse as indicated in the site
plan submitted by the Applicant. This facility as proposed will be available to Marathon
personnel and contactors twenty-four (24) hours a day.
Craig Richardson Page 2 BOCC 12/17 /2007
III REFERRALS
Town of Parachute :
Grand Valley Fire Protection District: No Comments Received
Garfield County Environmental Health: Exhibit
Mountain Cross Engineering: Exhibit
Garfield County Road and Bridge:
Garfield County Vegetation Management:
Garfield County Environmental Health Department:
IV § 5.03 Review Standards
Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall
either be in place or shall be constructed in conjunction with the proposed use;
The Applicant represents that bottled water will be provide for employees on-site .
Sanitation services will be provided via portable toilets. A letter of service from Down
Valley Septic and Drain, Inc. has been included in the application . Down Valley septic will
be providing and servicing portable toilets on-site. This facility will be un-manned and the
water and sanitation services are provided to accommodate employees that frequent the
proposed storage facility .
Street Improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in
place or shall be constructed in conjunction with the proposed use;
The Application was reviewed by Garfield County Road and Bridge Department (Road
and Bridge). Road and Bridge has stated that the driveway access entrance needs to
have a paved apron extending 20-feet into the driveway a minimum of four inches deep .
Also , noted in the comments from Road and Bridge is the need for a stop sign to be
installed at the entrance of County Road 215. Although this particular project may not
require improvements to County Road 215 , Road and Bridge is concerned with the
increased traffic in the area. Marathon and other Oil and Gas Companies may be
contacted to help participate in future improvements to County Road 215 .
Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the
periphery of the lot and by location of intensively utilized areas, access points,
lighting and signs in such a manner as to protect established neighborhood
character;
Staff Finding
The proposed warehouse and staging area will be located in a remote portion of Garfield
County . Adjacent property uses are primarily oil and gas industry related uses . Staff
finds that the design of the proposed facility will not impact the established neighborhood
character.
Craig Ric hardson Pag e 3 BOCC 12/17/2007
V SECTION 5.03.07 INDUSTRIAL OPERATOIONS
The applicant for a permit for industrial operations shall prepare and submit to the
Planning Director ten (10) copies of an impact statement on the proposed use
describing its location, scope, design and construction schedule, including an
explanation of its operational characteristics. One (1) copy of the impact statement
shall be filed with the County Commissioners by the Planning Director. The impact
statement shall address the following:
Existing lawful use of water through depletion or pollution of surface run-off,
stream flow or ground water;
Staff Finding
The Applicant represents that ground water will not be utilized . Drinking water will be
provided on-site for employees. Sanitation seNice s will be provi ded by Dow n Valley
Septic .
The Applicant represents in the appli cation that a Stormwater Managem ent Pl a n (S WMP)
has been submitted to the Colorado Department of Public Health and Environment
(CDPHE). A copy of the SWMP plan was not included in the application. Staff
recommends that a copy of the SWMP be provided for County record s. Th e app li cati on
does in clude a list of Best Managem ent Practices (BMP's):
• Storing materials and containerized fluids in a neat and orderly
manner;
• Placing any wastes requiring temporary storage in sealed
containers , then coll ecti ng and disposing containers at suitable off-
site facilities; and
• Containing sanitary wa stes in portable toilets , which will b e pumped
on a regular basis. As indicate d in the agreement provided in
Appendix F, waste will be transported an d disposed of at a n
approved facility.
Jim Rada, Garfield County Environm e ntal Health Management has recommended that
th e Board req uire th e const ru ction of a ll necessary erosion contro l and stormwater
ma nage men t facilities to prevent th e movement of sed im ent off-site during th e
co nstructi o n period.
Cra ig Richardson Page 4 BOCC 12/17 /2007
. .
Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or
vibration, or other emanations;
It is represented that un-surfaced areas and roads will be treated with water or
magnesium-chloride solution or other dust suppressant. Reveg etation of non-traffic areas
to reduce dust is also represented.
The application included a sound analysis prepared by Doug Denn ison of Cordilleran
Compliance Services, Inc . Sound measurements were collected on-s ite on August 2"ct,
2007. The sound analysis demonstrates that the proposed facility generally compl i es with
State Statute regarding noise.
Impacts on wildlife and domestic animals through the creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration routes,
use patterns or other disruptions;
The application included a Wildlife Assessment and Mitigation Report prepared by
Westwater Engineering In c. The Wildlife Assessment identified the removal of un-
friendly wildlife fencing, re-seeding disturbed areas and measures to reduce human
contact with Black Bears as wildlife mitigation and management recommendations. Staff
has included the recommendations as a suggested conditon of approva l.
Affirmatively show the impacts of truck and automobile traffic to and from such
uses and their impacts to areas in the County;
The application represents that traffic to and from the proposed facility is not expected to
increase the volume of traffic to the area. However, it is to provide centralized location for
the existing traffic to s!ore equipment and supplies.
Cordilleran Compliance Services, Inc . prepared a traffic analysis for the proposed facility.
During the construction and stocking of the proposed facility the analysis represents a
total of 9 -14 trips per day (includes light trucks and tractor-t ra ile rs). Once construction
is complete a total of two (2) trips a day for light-duty vehicales and two (2) to three (3) fo r
tractor trailers is represented.
Craig Richardson Page 5 BOCC 12/17/2007
The application was referred to Garfield County Road and Bridge Department (Road and
Bridge). Road and Bridge provided the following comments:
The drjvcway access ent ra nce needs. to have a paved apron the wjdth of the driveway
ex rending 20~fccr into the drive;way cl minimum o f 4inches in depth.
A stop sign shalt be installe d at the entrance to Cr. 215. The stop sign and 1nstaHa ti on
s.hall he as required in the MUTCD (Man ual On Unifo rm Trame Cont rol Devices).
All ve hicles hall ling equ ipment and ~up pti c$ shall ab ide by the posted weight rating on
Cr. 2 15 and h~ve '1n over~ize /o verweigh t permit if their load is above the pos led weight
rating on Cr. 215.
With the in crease in traffic volu me there ls a possibility that Maratho n as we ll as other
companies using Cr. 215 cou.ld be asked ((l part icipate in a road improvement program to
up gntdc Cr. 2 l 5.
The application was referred to the Town of Parchute for review. Comments from the ·
Town of Parachute have been included as an exhibit. The letter addresses concerns
regarding increased traffic on County Road 215.
That sufficient distances shall separate such use from abutting property which
might otherwise be damaged by operations of the proposed uses(s);
The proposed facility is located in a remote area of Garfield County . Adjacent property
owners include EnCana USA, Savage Limited Partnership I and Chevron USA. Staff is
not aware of any uses being conducted on adjacent properties that would be harmed by
the operation of the proposed facility.
Permits may be granted for those uses with provisions that provide adequate
mitigation for the following:
1) A plan for site rehabilitation must be approved by the County
Commissioners before a permit for conditional or special use will be issued;
2) The County Commissioners may require security before a permit for special
or conditional use is issued, if required. The applicant shall furnish evidence
of a bank commitment of credit, bond, certified check or other security
deemed acceptable by the County Commissioners in the amount calculated
by the County Commissioners to secure the execution of the site
rehabilitation plan in workmanlike manner and in accordance with the
specifications and construction schedule established or approved by the
County Commissioners. Such commitments, bonds or check shall be
payable to and held by the County Commissioners;
3) Impacts set forth in the impact statement and complifJnce with the standards
contained in Section 5.03.08 of this Resolution.
Craig Richardson Page 6 BOCC 12/17/2007
Staff referred the application to Steve Anthony, Director of Garfield County Vegetation
Management (the Oepartment). The Department finds that the weed inventory and
management plan are acceptable.
The Department also finds that both the Site Rehabilitation and Reclamation plan are
adequate. It is the recommendation of Steve Anthony that the Board require a
revegetation security in the amount of $48,000 ($4,000 x 12 acres).
VI SECTION 5.03.08 INDUSTRIAL PERFORMANCE STANDARDS
All industrial operations in the County shall comply with applicable County, State, and
Federal regulations regulating water, air and noise pollution and shall not be conducted in
a manner constituting a public nuisance or hazard. Operations shall be conducted in
such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other
undesirable environmental effects beyond the boundaries of the prope rty in which such
uses are located, in accord with the following standards:
(1) Volume of sound generated shall comply with the standards set forth in the
Colorado Revised Statutes at the time any new application is made.
The sound analysis included in the application demonstrates that the proposed use
generally complies with State Statute .
(2) Vibration generated: every use 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;
Staff has included this performance standard as a recommended condition of approval.
(3) Emissions of smoke and particulate matter: every use shall be operated so
as to comply with all Federal, State and County air quality laws, regulations
and standards;
The vehicles utilized in the proposed operation shall be licensed to operate in the State of
Colorado. Staff has included this pe rformance standard as a recommended condition of
approval.
(4) Emission of heat, glare, radiation and fumes: 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 signals,
reflective painting of storage tanks, or other such operations which may be
required by law as safety or air pollution control measures shall be exempted
from this provision;
Staff has included this performance standard a s a recommended condition of
approval.
C ra ig Ri cha rd son Pa ge 7 BOCC 12/17/2007
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal
areas:
A. Storage of flammable or explosive solids or gases shall be in
accordance with accepted standards and laws and shall comply with
the national, state and local fire codes and written
recommendations/comments from the appropriate local protection
district regarding compliance with the appropriate codes;
Storage of flammable or explosive solids or gases is not represented . However, Staff
has included this performance standard as recommended condition of approval.
B. At the discretion of the County Commissioners, all outdoor storage
facilities may be required to be enclosed by fence, landscaping or wall
adequate to conceal such facilities from adjacent property;
The application represents the construction of a chain link perimeter fence. Due to the
remote location of the proposed facility Staff is not recommending visual mitigation .
C. No materials or wastes shall be deposited upon a property in such
form or manner that they may be transferred off the property by any
reasonably foreseeable natural causes or forces;
Staff has included this performance standard as a recommended condition of
approval.
D. Storage of Heavy Equipment will only be allowed subject to (A) and (C)
above and the following standards:
(1) The minimum lot size is five (5) acres and is not a platted
subdivision;
(2) The equipment storage area is not placed any closer than 300
ft. from any existing residential dwelling;
(3) All equipment storage will be enclosed in an area with
screening at least eight (8) feet in height and obscured from
view at the same elevation or lower. Screening may include
berming, landscaping; sight obscuring fencing or a
combination of any of tnese methods;
(4) Any repair and maintenance activity requiring the use of
equipment that will generate noise, odors or glare beyond the
property boundaries will be conducted withm a building or
outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri;
(5) Loading and unloading of vehicles shall be conducted on
· private property and may not be conducted on any public
right-of-way;
The application represents compliance with this standard. Staff has included this
performance standard as a recommended condition of approval. ·
Craig Richardson Page 8 BOCC 12/17/2007
E. Any storage area for uses not associated with natural resources shall
not exceed ten (10) acres in size.
The p ropose d use is associated with natural reso urces. Thi s co nd it ion is n ot
ap p li cabl e.
F. Any lighting of storage area shall be pointed downward and inward to
the property center and shaded to prevent direct reflection on adjacent
property.
Sta ff has includ ed this perfo rmance stand ard as a reco mm end ed co ndit io n of
approva l.
(6) Water pollution: in a case in which potential hazards exist, it shall be
necessary to install safeguards designed to comply with the Regulations of
the Environmental Protection Agency before operation of the facilities may
begin. All percolation tests or ground water resource tests as may be
required by local or State Health Officers must be met before operation of the
facilities may begin.
Th e appli ca t ion in c lud es a s ite plan th at de monstrat es th e locati on of div ers ion ditches
a nd a ret ent io n pond to control s urface run -o ff. Staff h as includ e d th is pe rformance
sta nd a rd as a recomm ended c ondition of approval.
V II SECTION SUGGESTED FINDINGS
1.) Th at pro pe r publi c noti ce was pro vid ed as req uired fo r th e hear ing before t he
Boa rd of Co unty Co mmiss ioners;
2 .) T hat th e hea ring before th e Boa rd of Co unty Co mmi ssio ne rs was extensive a nd
compl et e and th at a ll i nte rested pa rti es were h ea rd at th at meet ing;
3 .) Th e Appl ica ti on is in co nform ance w it h Garfield Co unt y Zo nin g Res oluti on of
1978 , as am end ed;
4.) That fo r the abo ve state d and oth er reaso n, t he prop osed Co nditi onal Use Pe rmit
i s in th e best inte rest of th e hea lt h, sa fety a nd w elfa re of the ci ti zens of Garfi eld
County;
C ra ig Richard son l Page 9 BOCC 12/17/2007
)
VIII. STAFF RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the requested
Conditional Use Permit to allow a "Warehouse Facility and Staging Area " on Parcel No.
213532100009:
1) That all representations of the Applicant, either within the application or
stated at the hearing before the Board of County Commissioners, shall be
considered conditions of approval unless explicitly altered by the Board ;
2) The Applicant shall provide Garfield County with a revegetation security in
the amount of $48,000;
3) Volume and Sound generated shall comply with the standards set forth in
the Colorado Revised Statute at all times;
4) The Applicant shall comply with all performance standards identified in
§5 .03 .08 of the Garfield County Zoning Resolution as amended;
5) The Applicant shall construct a paved driveway access apron prior to the
issuance of the Special Use Pe rmit;
6) All improvements shall comply with Garfield County Zoning Resolution of
1978, as amended ;
7) The Applicant shall implement erosion control and stormwater management
fac ilities before large scale site disturbance begins to prevent the transfer of
sediment off-site;
8) All lighting associated with the proposed use shall be directed downward
and away from adjacent properties;
9) A stop sign shall be installed at the entrance to County Road 215, the stop
sign shall be as required in the Manual on Uniform Traffic Control Devices;
1 O)All vehicles shall comply with Garfield County oversize/overweight
requirements;
11 )As represented in the application un-surfaced areas shall be treated to
control dust emissions;
12)The Applicant shall remove all un-friendly wildlife fencing;
13)All food waste shall be stored in bear proof containers and disposed of
appropriately;
Craig Richardson
12/17/2007
Page 1 O BOCC
14)The access road leading to this fa c ility shall be maintained and cleared of
snow for accessibility year round to allow for maintenance of the portable
toilets ;
Cra ig Ri chard son
12/17/2007
P age 11 BOCC
GARFIELD COUNTY
Building & Planning D epartment
. Review Age ncy Form
EXHIBIT
Date Sent: October 30, 2007
Comments Due: November 19, 2007
Name of ap p lication: Berry Petrol eum Company
Sent to:
~~~~~~~~~~~~~~~~~~~~~~~~~~~
E
Garfield County requests your comment in revi ew of this project. Pleas e notify the
Planning De partment in the e vent you are unable to res pond by th e deadline . Thi s form
may be used for your response, or you may attac h your own additional sheets as
necessa r y. Written comments may be mailed , e-mailed , or faxed to :
Garfield Co unty Building & Planning
Staffs contact: Craig Richard son
109 81h Street, Suite 301
Glenwood Springs, CO 8 1601
ax: 970-384-3470
Phone: 970-945 -8212
Garfield County Road & Bridge Department has no objections to thi s application with the
following comments.
The driv eway acce ss entrance need s to h ave a paved a pron th e width of the d riveway
extending 20-fe e t into th e driveway a minimum of 4inches in depth.
A s top s ign s hall be install ed at the entrance to Cr. 2 15 . The s top sign and ins tallation
shall be as required in th e MUTCD (Manual On Uniform Traffi c Control Devic es).
All vehicles hauling equipment and s upplies s hall abide b y the pos ted weight rating on
Cr. 21 5 and have an oversi ze/overweight pennit if th e ir load i s above th e pos ted weight
rating on Cr. 215.
With th e in c rease in traffic volume there i s a possi bility that Marathon a s well as othe r
companies using Cr. 215 could be as k ed to pa rticipa te in a road improveme nt pro gram to
upgrade Cr. 215 .
Nam e of revi ew agency: Garfi eld County R o ad a nd Bridge Dept
By: J ake B. Mall Date Nove mber l , 2007
Rev ised 3/30/00
.EXHlBlT
MEMORANDUM i .G
To: Craig Richardson
From: Steve Anthony
Re: Marathon/Berry Lay Down Yard CUP
Date: November 19, 2007
Thanks for th e opportunity to comment on thi s permit.
Noxious Weeds
The weed inventory and ma nage me nt plan a re acceptab le
Site Rehabilitation Plan and Revegetation Plan
The revegeta ti on plan and site reclamation plan are acceptab le.
Staff recomm e nd s a revegetation security in the a mo unt of $48,000
($4,000 per ac re X 12 acres). Fo r s hort term proj ects we have use d a figure of $2500 per acre for securi ty.
For lo ng te rm proj ects we have used a fi gu re o f $4,000 per acre.
This may be in th e form o f a le tter of c redit, if deemed appropri ate by th e Cou nt y Attorney's Offi ce, or the
fund s by m ay be deposited wit h the County Treasurer. ·
The security shall be held by Garfie ld Co unty until vege tati o n has bee n s uccessfull y reestablished
accordin g to the Re clamation Standards in th e Garfield County Weed M anagement Plan. It is th e
responsibility o f the app li cant to contact th e County, upo n s uccessful revege ta ti on establi shment , to request
an insp ecti o n for bond re lease cons ideratio n.
November 16 , 2007
Mr. Craig Richardson
Garfie ld County Planning
10 8 81
h Street, Suite 401
G len wood Springs _, CO 81601 .
MOUNTr\IN CROSS
ENGINEERINCi, INC.
CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN
EXHIBIT
I H
RE: Revi ew of Conditional Use Pe.aniLfor Laydown Ya~d of Berry Petroleum, Company
Dear Craig:
A review has bee n performed of the do cuments for the Co nditional Use Permit application submittal
of the Berry Petroleum Company Laydown Yard. The package was found to be thorough and well
organized. The following comments, que stions , or concerns were generated:
1. The road wi ll need to be mainta"ined and cleared of snow for accessibility year round for
Down Valley Septic to maintain the portable toilets, and,
2. No information concerning the building was provided; so no rev iew was p erfo nned for its
infras tructure.
Fee l fr ee to call if any of the above needs c larification or if you have any questions or comments.
Sincerely, i
~-ountalin Cross Engtin'e.r i~~· Inc.
: ., I
j • ... , ' . \ j \/\,vv\ \ ,k.._ ....
Chrrs Hale, PE ~
826 1 /2 Grand Avenue • G le nwood Springs, CO 81601
PH : 970. 945 .5 5 44 • FAX: 970. 945.5558 • www.mountainc ross-eng.com
TOWN OF PARA CHUTE
PO Box 100
222 Grand Valley Way Parachute, CO 81635
Telephone:
FAX:
(970) 285 -7630
(970) 285-9 14 6
Novem ber 9, 2 007
Garfi e ld Co unty Buil d in g & Planning Departm en t
10 8 -81h Str eet , Sui te 2 01
G len wood Sp ri ngs, CO 8 160 1
RE: REFERRAL FORMS
Berry P etroleum Company
1·~ov J t 2001
~v&s~ ~L• ~ I.::. ('(\ ... ..
~~~ "O~ " 'f.OORA\t.~
Mayor
Roy McClung
c EXH\B\T
Picea nce Area Operations Lay Down Yard -M arathon Oil Company
Conditional Us e Permit Application
T he a b ove referral was r ecei ved by t he Town of Parac hut e regardi ng developme nt i n the Parachute
a r ea. T h is development will increase traffic on the a lready overloaded Co u nty Road 2 15 with
access off of H ighway 6 & 24 and Inters tate 70. Thi s i s already a very hi gh traffi c area and the
Town of Parachute is very con ce rned w ith the safety of a ll of the people that are dr iving i n these
areas especia ll y in ea rl y m orning an d lat e evening.
Is the County req uir ing a access permit or co ll ec tin g a ny i mpact fees? Will t h ere be any fu nding
fo r traffic co ntro l , road improvem ents? Where are employees going to be ho used? This are thi ngs
the Town fee l s sho ul d be a d dressed.
Respect fu ll y,
~#:~-··
Roy M cC lu ng
Mayor
Craig Richardson
From:
Sent:
To :
Subject:
Jim Rada
Monday, November 12, 2007 3: 14 PM
Cra ig Richardson
Berry Petroleum Company Pi ceance Apera ti o ns Area Lay Down Yard CUP
Attachments: Jim Rada.vet
Craig ,
My comments on the above referenced app li cat io n:
EXHIBIT
j :r
1. Although the applicant has included a CDPHE Stormwater permit appli cation in the submittal, I s ugges t
th at Planning require submittal of the approved Stormwater Management Permit from CDP HE prior to
approving the CUP. It appears th at CDPHE issued a stormwa te r permit for this project on 6/19/07.
2. In addition, I recommend th at a condition of approval include construction of all necessary erosion control
an d sto rmwater management fa c iliti es to prevent off site movement of sediment before large scale site
disturbance begins.
3. Th e lighting unit specifications includ ed in the s ubmitta l does not indi ca te any where that these units can
be pointed downward.
Thanks for the opportunity to review this ap plication .
Jim Rad a , REH S
Environmental Hea lth Ma nage r
Garfield Co unty Public H ea lth
195 W 14th Street
Rifle, CO 816 50
Phone 970-625-5200 x8113
Cell 970-319-1579
Fax 970-625 -8304
Email jrada @ga rfield-county.com
Web www.garfield -county.com
11113/2007
)