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HomeMy WebLinkAbout2.0 Staff Report 10.3.2005Exhibits for Public Hearing on October 3,2005 - BOCC Special Use Permit for a Shale Extraction and Storage Facility at North Parachute Ranch - EnCana Oil and Gas (USA) Inc Exhibit Letter (Ata Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County ZnrnngResolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan of 2000 F Staff Report dated 1 0-03-05 G Apolication for the Shale Extraction and Storage Facility Special Use Permit REQUEST: OWNER: REPRESNTATIVE: LOCATION: SITE INFO: ACCESS: WATER: SEWER: EXISTING ZONING: BOCC 10-3-2005 RW PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit for "storage, Processing, and Material Handling of Natural Resourse" Shale Extraction and Storage EnCana Oil and Gas (USA) Inc. Wagon Wheel Consulting 15 miles northwest of Parachute * North Roan Plateau 27,000 Acres Sprague Gulch and Divide Road Middle Fork Pond No sewer service is proposed RL (Resource Lands) Photgraphs ares of the proposed shale extraction site 1. BACKGROUND The Building and Planning Department is in receipt of a Special Use Permit (SUP) application for "Storage, Processing, and Material Handling ofNatural Resource" for a Shale Extraction and Storage Facility on a portion of a 27,000-acre property owned by Encana Oil & Gas USA,Inc. The Subject property is located 15 miles northwest of Parachute. This area is formerly known as the UNOCAL I property where oil shale processing occurred. As required in $9.03.04 of the Zoning Regulations, this request was heard by the Board of County Commissioners for a possible refenai to the Planning Commission. On August 8th 2005 the Board voted to not refer this item to the Planning Commission. This decision was based the use of the property, the relatively remote location, and the size and impact of the request. 2. PROPOSAL The proposed shale pit will be utilized to extract shale for the purpose to plate roads and well pads with a mix of crushed sandstone and shale. There is no intent to market the mined materials locally. The material will be used on access roads owned by EnCana, as well as private and BLM roads. The site to be mined is located approximately 15 miles northwest of Parachute on an 18 acre piece of land. EnCana intends to use conventional equipment for the mining of the material. Equipment will consist of dozers, front end loaders, track hoes, and large off-road trucks. The large off road trucks will be utilized to haul the mined materials to upgrade roads and supplement well pad locations. All of the haul trucks will travel internally on EnCana property. 3. GENERAL REQUIREMENTS FOR ALL SPECIAL USE PERMITS 55.03 Conditional and Special Uses (Zoning Resolution of 1978, as amended) 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. Staff Comments: Due to the scope of work and the amount of time workers will be on site, water and sewer service are not required for this application. If sewer service is needed the applicant will provide portable toilets. 2) Street improvements adequate to accommodate trafiic 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 coniunction with the proposed use. Staff Comments: The proposed site is located in an area of historic industrial activities with private and public roads adequate to serve the proposed use. The proposed vehicle trips to and from the site will be minimal and not create traffic or road conditions that will require improvements to public roads' 3) Design of the proposed use is organized to minimize impact on and from adiacent uses of land through installation of screen fences or landscape materisls 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. StaffComments: West Fork of North Parachute Ranch is at the end of a County Road that is gated and manned with a guard shack that is in operation24 hours a day. The facility is 15 miles northwest of Parachute and is accessed from Rio Blanco County and Garfield County via Sprague Gulch and Divide Road. The shale extraction and storage facility is gated and in all area isolated from adjoining uses that could be impacted. $5.03.07 Industrial Operations (1) The applicantfor a permitfor industrial operutions shall prepare and submit to the Planning Director ten (10) copies of an impact statemcnt on the proposed use descrtbing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (l) copy of the impact statement shall beft.led with the County Commissioners by the Planning Director. The impact statement shall address the following : (A) Existing lawful use of water through depletion or pollution of sudace run+fr, streamflow or ground water. Staff Comments: The facility is designed to protect groundwater and surface water resources. The shale pit will be contained within a berm approximately two feet in height. The berm will be constructed to allow for a2.5ll side slope and will be maintained around the pit to contain runofffrom precipitation events and snow melt. A silt fence will be installed at the low points to reduce overland flow velocity and trap sediment. Since the proposed gravel pit is a ridge top excavation, there will not be any ground water encountered in the shale pit area. (B)Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. StaffComments: During operation of the pit, water will be used to limit dust. The access road to and from the pit will be watered as necessary to suppress dust. The remote location ofthe site will not cause noise, glare, vibration or smoke that will affect adjoining uses. Water will be piped to the site from the Middle Fork water storage facility. The use of the water storage facility will be available after the SUP for the water storage facility is approved. (C) Impacts on wildlife and domcstic animals through the creation of hazardous attractions, alteration of existing native blockade of migrotion toutes, use patterns or other disruptions. StaffComments: The Department of Wildlife has identified the area as a greater Sage Grouse brood rearing habitat. This area is of critical concern for the rearing of young Sage Grouse and for furthering the population species. The DOW recommends the operations ofthe pit be limited during the months of June and July while birds are utilizing the area. EnCrna is currently conducting a survey to find the actual existence ofthe sage grouse. If grouse is found, EnCana shall comply with all DOW stipulations and requirements. @) Allbmatively show the impac$ of truck and automabile trafftc to andfrom such uses and their impacts to areas in the County. Staff Comments: During peak activity it is anticipated that truck trips in and out of the site will be up to 80 trips per day. The majority of the truck travel will be on existing private roads that already service natural gas operations in the area. Haul trucks will operate primarily during daylight hours and will be traveling on access and private roads within the EnCana property. (E) That sufJicient distances shall separate such usefrom abutting property which might otherwise be damaged by operations of the proposed use(s). Staff Comments: The site is isolated from abutting uses; the nearest residence is approximately t/zmlle away from the site. Although the nearest residence is only %mile in distance, the vertical separation and geographic relief is rather substantial in nature causing the effects to be negligible. The remaining uses on the site are isolated in nature and should not be damaged by the proposed operation. (F)Miligation measares proposedfor all of theforegoing impacts identiiled and for the standards identijied in Section 5.03.08 of this Resolution. Staff Comments: Mitigation measures will be provided by berming and silt fencing. Water will be used to suppress dust on the site and the pit access road. (2) Permits may be granted for those uses with provisions that provide adequate mitig atio n fo r t h e fo llowin g : (A) A planfor site rehabilitation must be approved by the County Commissioners before a permitfor conditional or special use will be issued. Staff Comments: The applicant is proposing the following rehabilitation measures: 1. Reclamation will involve replacement of the topsoil and seeding in accordance with the requirements of the Division of Minerals and Geology (DMG) permit 2. A reclamation bond will be posted with the DMG 3. Reclamation will occur after the materials from the shale pit have been exhausted or the demand for the material diminishes (B)The County Commissioners may require security before a permitfor special or conditional use is issued, drequired. The applicant shallfurnish evidence of o bank commitment of credit, bond, certiJied 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 plon in workmanlike manner and in accordance with the speciJications and construction schedule estoblished or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the Counfit Commissioners. Staff Comments: It shall be at the discretion of the Board as to whether security is needed. (C) Impacts setforth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A.93-061) $5.03.08 Industrial Performance Standards Atl 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. (A. 93-061) Staff Comments: The proposed use of the site should not create sound issues. The applicant shall be aware of all sound volume standards and meet all State requirements. (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 Comments: Due to the size of the property, the proposed use, and the location, the use will not produce vibration that will affect any adjoining properties. (3) Emissions of smoke and particulate matter: every use shall be operated so us to comply with all Federal, State and Counfii air quality laws, regulations and standards. Staff Comments: Applicant shall be aware of and meet all air quality standards. (4) Emission of heat, glare, radiation andfumes: every use shall be so operated that it does not emit heat, glare, radiation orfumes which substantially intedere with the existing use of adjoining property or which constitutes a public nuisance or huzard. Flaring of gases, aircraft warning signals, reJlective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exemptedfrom this provision. Staff Comments: The shale extraction and storage facility should not create glare, radiation or fumes. (5) Storage area, salvage yard, sanitary landJill and mineral waste disposal areas :( A97-tr2). (A) Storage offlammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and localfire codes and written recommendations/commentsfrom the appropriate local protection district regarding compliance with the appropriate codes ; (A97-1 1 2) Staff Comments: No flammable or explosive solids will be stored on the site. (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adeq uate to conceal s uch facilities from adi acent property ; (A9 7- I I 2) Staff Comments: The proposed facility will be bermed and will not be visible 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; (A97-1 I 2) Staff Comments: The shale pit will be bermed to reasonable mitigate foreseeable causes or forces. (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97-l I 2) 1. The minimum lot size is Jive (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300ft.from any existing res idential dwelling. 3. All equlpment storage will bb enclosed in an area with screening at least eight (8i 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 9f eqryiplnent -thatwili ginerale noise, odors or glare beyond the property boundaries will be_ condicted within a building or outdoors during the hours of I 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. Staff Comments: The proposed site meets the requirements for storage of heavy equipment. (E) Any storage area for uses not associated with naturol resources shall not exceed ten (10) aues in size. (A97-112) Staff Comments: The proposal is for a pit and storage facility, it is not anticipated the storage portion of the site will be over 10 acres. (F) Any lighting of storage area shall be pointed downward and inward to the prdperg centei and shaded to prevent direct reJlection on adjacent property (Ae7-112). Staff Comments: No lighting is proposed on the site 6 (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 thefacilities 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 thefacilities may begin. Staff Comments: The applicant is proposing best management practices in the form of berming, silt fencing and watering for dust suppression. Any other practices that need to be met for federal or state compliance shall be in place prior to operation of the facility. 4. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County ZoningResolution of 1978, as amended. 5. STAFF RECOMENDATION: Staff is recommending the board approve the Special Use Permit to allow a Cuttings Storage Facility 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. Should the need arise, the County reserves the right to retain outside expertise, at the expense of the applicant / operator of the facility, in order to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on or away from the site. 4. That this facility is for the sole use of the Applicant. If any other entities are to be added as users, then they would be subject to an additional SUP as well as rules and regulations as administered by the Departnent of Minerals and Geology. 5. Should the Departrnent of Wildlife find Sage Grouse in the area affected, the Applicant shall comply with all stipulations and conditions. 6. The Applicant shall submit an approved Storm Water Management Plan permit from the State. 7. The Applicant shall submit aNoxious Weed inventory and maintenance plan. 8. The Applicant shall submit and approved Division of Minerals and Geology perrtit from the State for the proposed mining operation. 9. The Applicant shall submit an approved Air Pollutant Emission permit from the State. 10. The SUP for the Middle Fork Pond shall be issued prior to approval of this SUP. I l. The Applicant shall comply with all standards as set forth in $5.03.08 "lndushial Performance Standards" of the Garfield County ZorungResolution of 1978 as amended. 6. RECOMMENDED MOTION "I move to approve the Special Use Permit request for a Shale Extraction and Storage Facility on the EnCana property located approximately l5 miles northwest of the Parachute, Colorado"