HomeMy WebLinkAbout2.0 BOCC Staff Report 08.13.2007Exhibits — Chevron USA SUP for a Temporary Office Public Hearings (8/13/07)
Exhibit
Letter
(A to Z)
Exhibit
A
Proof of Mail Receipts
B
Proof of Publication
C
Garfield County Zoning Regulations of 1978, as amended (the Zoning Code)
D
Staff Memorandum
E
Application
F
Memo from Steve Anthony of the Garfield County Vegetation Management Dept.
dated 8-2-07
G
Memo from Jake Mall, Road & Bridge Department dated 8-3-07
H
I
TYPE OF REVIEW
APPLICANT
LOCATION
SITE INFORMATION
EXISTING ZONING
ADJACENT ZONING
MLB
PROJECT INFORMATION AND STAFF COMMENTS
Special Use Permit for "Support facilites of
Natural Resources" for a Temporary Office
Chevron USA, Inc
The subject property is located at the end of
CR 211, approximately 17 miles north
northwest of the Town of De Beque
4311.69 acres
Resource Lands (Gentle Slopes and Lower
Valley Floor)
RL / OS (BLM)
I. DESCRIPTION OF THE PROPOSAL
The Building and Planning Department received a Special Use Permit (SUP) application for
"Support Facilities for Natural Resource" for a Temporary Office on a 4311.69 -acre property owned
by Chevron USA, Inc. The site is located at the end of County Road 211, approximately 17 miles
north of De Beque The location of the 2.19 -acre temporary office facility is just beyond the private
gate at the end of CR 211.
More specifically, the Applicant requests approval from the Board for a Temporary Office for
planning and coordination of on-site operations, centralized emergency response capabilities, and
general site security. The Temporary Office will be used in the interim, while a permanent office
facility is being built south of the Hiner Gate. It is anticipated that the office complex will house 20
supervisory personnel, with a significantly larger number of employees going through the gate to the
drilling activities on the property. The facility will include four (4) 12 ft. x 60 ft. manufactured offices,
one 32 ft. x 10 ft. manufactured office to be used as a site security and check in facility; a 30 ft.
communication tower and an 8 ft. x 9 ft. modular communication trailer. There will also be two
1,000 gallon above ground tanks with secondary concrete reinforcement.
Water is proposed to be hauled to the site by an approved hauler and placed in a 1,000 gallon
storage tank. Use residential consumption is 50 to 100 gallons per day, but the office is expected
you use less water than a residential use. It proposed to place 5 — 8,000 gallon above ground
sewage collection tanks, which will be pumped by a local vendor. There are also portable toilets
proposed to placed near the guard trailer for use by personnel passing through the gate.
II. SITE DESCRIPTION
The proposed site that the Temporary Office is to be located is situated at the entrance to the
applicant's property on Clear Creek. The Temporary Office is placed on approximately 2.19 acres of
the total 4311.69 acre parcel owned by Chevron. The area where the office is to be located is on the
Chevron Temporary Office
BOCC — 08/13/2007
Page 2
valley floor of a fairly narrow valley, that has very steep walls to the plateau on top. Past use of the
area has been for grazing live stock.
III. ZONING & ADJACENT USES
The subject property is zoned Resource Lands (Gentle Slopes and Lower Valley Floor). The type of
use requested falls under the definition of "Support Facilities for Natural Resources" which are
contemplated as special uses in the Resource Lands (Gentle Slopes and Lower Valley Floor) zone
district.
IV. AUTHORITY & APPLICABILITY
Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall
be approved or denied by the Board of County Commissioners after holding a public hearing
thereon in conformance with all provisions of the Zoning Resolution.
V. REVIEW AGENCY AND OTHER COMMENTS
Comments have been received from the following agencies / community groups and are integrated
throughout this memorandum as applicable.
1. Town of De Segue: No Comments Received
2. Garifleld County Road and Bridge Department: No Comments Recieved
3. Garfield County Vegetation Management: Requests a copy of the follow up weed survey
done in the Spring of 2007; that all heavy equipment working in the area be power washed
prior to working in the area at a designated station; that a quantification of the disturbed
surface area be determined to establish a security for revegetation of the area.
4. Garfield County Oil and Gas Auditor: No Comments Received
5. Grand Valley Fire Protection District: No Comments Received
VI. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03)
Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform
to all requirements listed there under and elsewhere in the Zoning Resolution, as well as the
following standards:
1. 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.
Response
As noted previously, the applicant is proposing to put temporary storage tanks in for domestic water
and sewage disposal. Due to the temporary nature of these facilities, it appears that the proposed
facilities will be adequate for the proposed office complex..
Chevron Temporary Office
BOCC — 08/13/2007
Page 3
2. 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.
Response
The Temporary Office will have an estimated 20 vehicles directly associated with the personnel
using the offices. These people are supervisory personnel and will be accessing operations on the
property. It is estimated that during that there will be 150 to 500 round trips a day of vehicles
checking in and out at the gate that are associated with the drilling and construction operations on
the applicant's property. Primary access to the site is CR 211, which does allow for the type of
traffic proposed, provided compliance with the County Oversize/Overweight system. Additionally,
Road & Bridge has requested that a stop sign be placed at the entrance to CR 211, in conformance
with the Manual on Uniform Traffic Control Devices.
3. 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.
Response
The property is located at the end of CR 211 and is relatively isolated from the properties to the
south. The area is predominately industrial operations associated with various gas drilling activities.
There does not appear to be any screening or landscaping needed to visually protect any nearby
properties. Staff does not feel it will be necessary for the applicant to do more than they are
proposing to do, particularly given the temporary nature of the facility. .
Section 5.03.07 (Industrial Operationsj
Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the
submittal of an impact statement on the proposed use describing its location, scope, design and
construction schedule, including an explanation of its operational characteristics. The impact
statement is required to address the following:
(A) Existing lawful use of water through depletion or pollution of surface run-off, stream
flow or ground water.
Response
The facility site has been designed to insure protection of ground water and nearby streams through
the development and implementation of a Storm Water Management Plan specific to the area which
is contained at the rear •of the application. Staff notes that while this plan is not specific to the
Temporary Office site, the applicant submitted a larger Storm Water Management Plan for the
general area. Provided the applicant develops the site consistent with the guidelines and bmp's in
the SWMP, there should be surface water issues.
All other water will be imported to the site and will come from legal sources of water.
Chevron Temporary Office
BOCC — 08/13/2007
Page 4
(8) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or
vibration, or other emanations.
Response
During construction there will be some dust and smoke generated, but it is not anticipated to have
any impact on adjacent properties. No other emanations are expected from the property. All
lighting should be downward and inward to avoid any impacts to neighbors, since this operation will
be going 24/7.
(C) 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.
Response
The applicant submitted a biological survey for a pipeline going up Clear Creek, which included the
proposed site for the office complex. The survey indicated that they did not anticipate any impact
to any threatened or endangered species along the valley floor. No other impacts to wildlife were
identified.
(D) Affirmatively show the impacts of truck and automobile traffic to and from such uses
and their impacts to areas in the County.
Response
As noted earlier, the office facility, once fully operational, is expected to 20 vehicles directly
associated with the personnel using the offices. These people are supervisory personnel and they
will be traveling back and forth between the various operations on the property and off the property.
The entire drilling and exploration activity on the applicant's property will generate 150 to 500 round
trips per day from vehicles having to check in at the office facility.
County Road and Bridge has commented that they have no issues with the proposed office,
provided a stop sign be placed at the entrance to CR 211, in conformance with the Manual on
Uniform Traffic Control Devices and that all vehicles comply with the County oversize/overweight
vehicle regulations.
(E) That sufficient distances shall separate such use from abutting property which might
otherwise be damaged by operations of the proposed use(s).
Response
The operations at the facility will not involve any abutting property. The proposed facility will not
encroach upon existing setbacks or reduce current separation distances to abutting properties. Staff
agrees that the existing facility is located well within required setbacks and is sufficiently separated
from adjacent properties in all directions.
Chevron Temporary Office
BOCC — 08/13/2007
Page 5
(F) Mitigation measures proposed for all of the foregoing impacts identified and for the
standards identified in Section 5.03.08 of this Resolution
Special Use Permits may be granted for those uses with provisions that provide adequate
mitigation for the following:
(A) A plan for site rehabilitation must be approved by the County Commissioners before a
permit for conditional or special use will be issued;
Response
The application includes a reclamation plan that would govern treatment of the site once the new
permanent office facility is built. Reclamation will include:
1) Removal of all of the buildings, except the communications tower and building;
2) Restoration and re -contouring of grade to approximate original conditions;
3) Revegetation using native vegetation for the area.
(8) 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;
Response
In the past, the Board has required, as a condition of approval that "A sufficient monetary security,
determined by the Board of County Commissioners, to ensure rehabilitation of the site once
operation has ceased shall be provided by the Applicant." No security has been proposed.
Section 5.03.08 (Industrial Performance Standards]
Pursuant to section 5.03.08 of the Zoning Resolution, 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 property 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.
Chevron Temporary Office
BOCC - 08/13/2007
Page 6
(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.
(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.
(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.
(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;
(8) 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;
(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;
(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 these 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 within 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.
(E) Any storage area for uses not associated with natural resources shall not
exceed ten (10) acres in size.
(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.
(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
Chevron Temporary Office
BOCC — 08/13/2007
Page 7
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.
Staff Response
Should the Board approve the request for the Temporary Office, Staff suggests the industrial
performance standards be considered conditions of approval as they are specifically intended to
ensure that any industrial use such as the proposed offices function in accordance with the proper
best management practices and within the parameters of the State Statutes.
Section 9.03.05 (Periodic Review of SUP(
Pursuant to section 9.03.05 of the Zoning Resolution:
Any Special Use Permits may be made subject to a periodic review not less than every six (6)
months if required by the County Commissioners. The purpose of such review shall be to
determine compliance or noncompliance with any performance requirements associated with
the granting of the Special Use Permit. The County Commissioners shall indicate that such a
review is required and shall establish the time periods at the time of issuance of a Special
Use Permit. Such review shall be conducted in such manner and by such persons as the
County Commissioners deem appropriate to make the review effective and meaningful.
Upon the completion of each review, the Commissioners may determine that the permit
operations are in compliance and continue the permit, or determine the operations are not in
compliance and either suspend the permit or require the permittee to bring the operation into
compliance by a certain specified date. Such periodic review shall be limited to those
performance requirements and conditions imposed at the time of the original issuance of the
Special Use Permit.
VH. RECOMMENDED FINDINGS
1. Proper posting and public notice was provided as required for the meeting before the Board of
County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were heard at
that meeting.
3. The above stated and other reasons, the proposed special use permit has been determined to
be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and
9:03) the Garfield County Zoning Resolution of 1978, as amended.
Chevron Temporary Office
BOCC — 08/13/2007
Page 8
VIII. STAFF RECOMMENDATION
Due to 1) the limited nature of potential impacts to surrounding properties, 2) the remote location of
the property such that it is situated at the end of a dead-end county road which is used primarily for
industrial traffic serving the existing industrial uses in the area with very limited general population
traffic, 3) and the fact that the site itself will be situated in an industrial area already characterized by int, fa
intense industrial activity from the oil shale exploration / processing activities, 4) the proposed4G(�t
expansion is to an existing compressor facility, Staff recommends the Board approve the request for
a Special Use Permit fo -- • - ' 1111 41' - r re -ch
with the following conditions:
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. 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.
3. That the Applicant shall comply with the fire protection provisions included in the rules and
regulations of the International Fire Code as the Code pertains to the operation of this
facility.
4. Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes.
5. Vibration generated: the.-Cnmpreeset• 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.
6. Emissions of smoke and particulate matter: theSampresstr shall be so operated so as to
comply with all Federal, State and County air quality laws, regulations and standards.
7. Emission of heat, glare, radiation and fumes: the-e6mpressowshall 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.
8. Any storage area for uses not associated with natural resources shall not exceed ten (10)
acres in size.
9. Any lighting of storage area shall be pointed downward and inward to the property center
and shaded to prevent direct reflection on adjacent property.
10. 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
Chevron Temporary Office
BOCC — 08/13/2007
Page 9
resource tests as may be required by local or State Health Officers must be met before
operation of the facilities may begin.
11. That all proper building permits are obtained for the structures associated with the
operation of the Temporary Officet.
12. That a stop sign be placed at the entrance to CR 211 in conformance with the Manual on
Uniform Traffic Control Devices and that all vehicles comply with the County
oversize/overweight vehicle regulations.
13. The following recommendations and requests of the County Vegetation Management
Department shall become conditions of approval:
• Provide a copy of the weed survey done in the spring of 2007 to follow-up the
November 2006 survey.
• Before leaving the site, all off road major construction equipment (graders, dozers,
etc) working in areas of mapped noxious weeds should be power washed at a
designated washing station to remove seeds, soil, and vegetative matter.
• The applicant provide a quantification of the surface area to be disturbed and
subsequently reseeded. Once this figure is established, a revegetation security will
be recommended. The applicant shall provide the Vegetation Management
Department with the original tags from each seed bag. The seed mix in the Plan
shall match the seed mix used in the field. Do not use a seed mix containing
yellow sweet clover (Melilotus officinalis) or annual yellow sweetclover (M.
indicus). The amount of seed specified to be planted in the Plan shall match the
quantity of seed used in the field.
• The security shall be held by Garfield County until vegetation has been successfully
reestablished according to the Reclamation Standards in the Garfield County Weed
Management Plan. It is the responsibility of the applicant to contact the County,
upon successful revegetation establishment, to request an inspection for security
release consideration.
• Straw and h�apy bales -All bales used shall be certifie as weed free.
//
RECOMMENDED MOTION /3.Slf1rr �� ti / e%yri
"1 move to approve a Special Use Permit for a Industrial Support Facilities, Temporary Office, for
Chevron USDA` Inc with the
/conditions provided by Staff."
C,
/`1__�d -C)/ %P .7zrr SreC'�u/Y/ �jzz ./e-74-e�
EXHIBIT
F
MEMORANDUM
To: Mark Bean
From: Steve Anthony
Re: Comments on the Chevron PBNGDP-Temporary Office
Date: August 2, 2007
Thanks for the opportunity to comment on this project. My comments are as follows:
Weed Management
• The applicant states that there will be a weed survey done in the spring of 2007 to follow-up the
November 2006 survey, has this been done?
• Before leaving the site, all off road major construction equipment (graders, dozers, etc) working in
areas of mapped noxious weeds should be power washed at a designated washing station to
remove seeds, soil, and vegetative matter.
Reclamation
• It is requested that the applicant provide a quantification of the surface area to be disturbed and
subsequently reseeded. Once this figure is established, a revegetation security will be
recommended. The applicant shall provide the Vegetation Management Department with the
original tags from each seed bag. The seed mix in the Plan shall match the seed mix used in the
field. Do not use a seed mix containing yellow sweet clover (Melilotus offcinalis) or annual
yellow sweetclover (M. indicus). The amount of seed specified to be planted in the Plan shall
match the quantity of seed used in the field.
• The security shall be held by Garfield County until vegetation has been successfully reestablished
according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the
responsibility of the applicant to contact the County, upon successful revegetation establishment,
to request an inspection for security release consideration.
• Straw and hay bales -All bales used shall be certified as weed free.
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: July 11, 2007
Comments Due: August 3, 2007
EXHIBIT
Name of application: Chevron USA Inc. Temporary Office
Sent to:
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff contact: Mark Bean
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Department has no objections to
this application with the following comments.
If a new entrance to Cr. 211 is required for the location of the temporary office a
driveway access permit will be needed with conditions specific to the location of the
driveway access. The driveway access permit will be issued by Garfield County Road &
Bridge Department.
A stop sign shall be placed at the entrance to Cr. 211. The stop sign and installation shall
be as required in the MUTCD (Manual on Uniform Traffic Control Devices).
All vehicles hauling the office units and all materials and equipments associated with the
installation of the office facilities shall abide by Garfield County Road & Bridge
Departments oversize/overweight system requirements.
All vehicles requiring an oversize/overweight permit shall have a letter on file from
Chevron USA Inc. with Garfield County Road & Bridge Department prior to the issuing
of any permits stating such vehicles can operate under the bond Chevron USA Inc. has on
file with Garfield County.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date July 12, 2007
Revised 3/30/00