HomeMy WebLinkAbout2.0 BOCC Staff Report 09.21.2009BOCC Exhibi t s (9/21 /2009)
(Limit ed Impact Revi ew-OXY Professional Office-OXY USA WTP LP)
Exhib it
letter Exhibit
(A to Z)
A Proof of Mail Receipts
B Proof of Publication
c Garfield County Unifi ed Land Us e Regu la tions of 2008, as amended (ULUR , the
Zoning Code)
D Garfield County Comprehensive Plan of 2000, as amended
E Application
F Staff Report
G Staff Powerpoint
H E-mail, Garfie ld County Environmental Health Department, Director Jim Rada,
dated 8.25.09
I E-mail, Garfield County Road & Bridge Department-Administrat ive Foreman,
Jake Mall , dated 8.3 1 .09
J E-mai l, Garfield County Planning Department-Project Engineer, John
Niewoenher P.E ., dated 9.8.09
K E-ma il, Garfield County Veget ation Management Department-Director,
St eve Anthony, dated 9 .16.09
L E-ma il , Garfield County Oi l & Gas Liaison, Oi l & Gas Representative, Nikki
Reck les, dat ed 9 .15.09
M Debeque Fire Department, C hief Nick Marx, dated 9.15.09
N E-mail, Division of Wild li fe , District Wildlife Manager Albert Romero, dated
8.21 .09
0 E-mail, Colorado Division of Water Resources-State Engineer's O ffice-Mike
Bender, dated 9. 16.09
fl I Draft Minutes from the BOCC hearing on 9/21 /09
) ~ Memo from the vegetation Management Director dated 10/ 13/09
-(I Supp lemental Staff Memo dated 10/19 /09
)
BOCC-9/21//09 DD
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW:
SUMMARY OF REQUEST:
APPLICANT I
PROPERTY OWNER:
LOCATION I ACCESS:
SITE INFORMATION:
EXISTING I ADJACENT ZONING:
I. REQUEST and
DESCRIPTION OF PROPOSAL
The Applicant proposes to install and
operate a permanent office facility to
replace a small complex of trailers
that have been permitted as
'temporary' office facilities.
The site is approximately 3.09 acres
in size , situated up the Conn Creek
drainage north of Debeque,
accessed by CR 213 from CR 204 .
The proposed facility is in a
'neighborhood' that is industrial in
nature, including two compressor
plants, a control facility, well pads,
pipelines and storage areas.
Land Use Change Permit through the Limited
Impact Review process
The Applicant requests a LUC Permit for the
installation of a 'Professional Office for the Conduct
of Business or Profession '
OXY USA WTP LP
Parcel# 2169-214-00-026 accessed from CR 213
3.09 acres of a~ 1614-acre parcel
Resource Lands (RL) Zone District
35
2
R97W
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The Applicant initially requested that the facility be scaled and permitted to allow 'up
to 25 people' to occupy the office. At the time of this writing, however, the Applicant's
representative has expressed that the personnel number will be reduced to 19 to
conform with well water limitations and keep the facility below certain thresholds for
sanitation facilities. The Applicant requests that the one of the seven trailers remain
on site, and agrees to cap the number of people at the site at 19.
The office (called the 'field office' by the Applicant) will be accessible to employees 24
hours every day throughout the year, with the standard occupation times are working
hours of 7:30 a.m. to 6:00 p.m., Monday through Friday. Better radio communication
links to the Grand Junction operations center will reduce employee travel.
Diesel generators provide power and lighting to the site is limited to downcast lights
on the building. A water tank with a 10,000 gallon capacity is proposed as the water
source. A diesel fuel storage tank, a gravel-surfaced parking area, bear-proof
dumpster, and ISDS /leach field complete the facilities on the site.
II. AUTHORITY I APPLICABILITY
In the zone district, a permit for the use 'professional office' may be considered with
Limited Impact Review.
The application is to follow the required procedure for a Limited Impact Review,
detailed in Unified Land Use Resolution of 2008, as amended ,(ULUR), Article IV,
and satisfy the submittal requirements 4-501 (E).
ULUR, Article 1, Division 3 states that the decision-making and advisory bodies set
forth in the administration of this land use code are defined in Section 1-301 (1-3).
Authority is given the Board of County Commissioners to 'take such other action not
delegated to the Planning Commission, the Board of Adjustment or Director, as the
Board of County Commissioners may deem necessary to implement the provisions of
this Land Use Code', and hold public hearings where official action may be taken.
Ill. ZONING I ADJACENT USES
The zoning on the parcel is Resource Lands (RL), with zoning on surrounding parcels
under Federal ownership as Open Space (OS). The 'neighborhood' is one of large
tracts of land under corporate ownership with extractive processes (NG wells) and
related facilities on the canyon floors. There are few residences, generally providing
housing for those that run livestock on grazing areas on portions of the parcels.
The topography of the area is that of narrow canyons with limited riparian area,
pinyon-juniper forest and sagebrush community on the side hills, leading up to steep
canyon walls.
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IV. RELATIONSHIP TO THE COMPREHENSIVE PLAN (Comp Plan!
The Comp Plan map shows the site to be located outside of the two-mile 'sphere of
influence' of the Town of Parachute.
The Garfield County Comp Plan designates zoning of the parcel to be 'Agricultural'.
and those parcels adjacent to it to be 'Federal Land'.
The Comprehensive Plan of2000, as amended (Comp Plan) states in Section Ill, Goals,
Objective, Policies and Programs:
4. Goals: COMMERCIAL AND INDUSTRIAL USES:
Garfield County will encourage the development of a diversified industrial base for
the County which recognizes ... natural resources ... and which further recognizes
and addresses the social and environmental impacts of industrial uses.
Objectives:
4.1 To ensure that .. .industrial development is compatible with adjacent
land uses and mitigate impacts identified during the plan review
process.
4.2 Encourage the location of industrial development in areas where visual,
noise, air quality and infrastructure impacts are reduced.
4.4 Ensure that the type, size and scope of industrial development is
consistent with the long-term land use objectives of the County.
4. 7 Ensure an industrial development policy that is environmentally sound
and acceptable to County residents and policy makers.
Policies:
4.3 Landscaping and screening will be required to address specific visual impacts
of industrial development
4.4 ·The project review process will include the identification and mitigation of
transportation impacts related to ... industrial development.
Programs:
4.1 Zoning Resolution (recently updated as ULUR)
9. Goals: NATURAL RESOURCE EXTRACTION:
Garfield County recognizes that under Colorado law, the surface and mineral
interests have certain legal rights and privileges, including the right to extract and
develop these interests. Furthermore, private property owners also have certain
legal rights and privileges, including the right to have the mineral estate developed in
a reasonable manner and to have adverse land impacts mitigated.
Objectives:
9.1 The County will require adequate mitigation to address impacts of
mineral extraction on private property owners, without undue burden
on the legal rights of mineral lessees.
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9.2 The County, through the implementation of the Comp Plan, Zoning and
Special Use Permit policies (now permits under ULUR); will address
future compatibility issues with current mining operations.
9.3 The County will ensure that mineral extraction activities will not
adversely affect the natural environment, including air quality, water
quality, wildlife habitat or important visual resources.
Policies:
9.1 Garfield County, to the extent legally possible, will require adequate mitigation
to address the impacts of mineral extraction on adjacent land owners. These
measures may include the following:
A. Landscaping and screening.
C. Roadway improvements and signage.
E. Drainage improvements to protect surface and groundwater.
9.2 Garfield County, in coordination with relevant authorities will require that
developers of energy or mineral extraction projects finance the construction
and operation of any public improvements which, now or in the future, will be
required by their projects.
9.4 Dust, odors and fumes should be contained within the extraction site
generating such emission and should not negatively affect any surrounding
land use.
9.5 Any proposal regarding mineral extraction that cannot mitigate adverse
impacts may be denied based on a finding of incompatibility for the following
reasons:
Programs:
9.1, 9.2
A
B.
c.
D.
E.
F.
Adversely affecting the desirability of the · immediate
neighborhood or the entire community,
Impairing the stability or value of existing adjacent properties,
Adversely affecting the quality of life of existing adjacent
residences,
Showing a lack of quality or function in operational planning
and/or design,
Creating a public danger or nuisance to surrounding areas,
Altering the basic character of adjacent land uses or the entire
community
Zoning Resolution (recently updated as ULUR) has been revised to
address the concerns expressed in the Goals, Objectives and Policies
above.
Consideration of a Land Use Change Permit through the Limited Impact Review (LIR)
application involves analysis to determine the project's compatibility with the ULUR. The
Applicant is required to meet the Standards in Article VII, and consider the application with
regard to its compatibility and potential impacts on adjacent uses. Standards address
compatibility, location, scale, mitigation, and screening/buffering.
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Staff feels that with proper mitigation measures, the proposal may be permitted and meet
the goals, objective and policies of the Comprehensive Plan of 2000 Plan, as amended.
In specific, the proposal has incorporated into its design measures to reduce the
transportation impact onto roadways; reduce the adverse effects on adjacent parcels in
the form of fumes, light, noise, glare; and minimize the adverse potential effects on the
quality of life on adjacent properties while exercising the right to extract the natural
resources of the subject parcel. Mitigations and requirement are discussed under the
Review Criteria that follows.
V. REVIEW CRITERIA FOR LIMITED IMPACT REVIEW PERMITS
Article VII. Division 1: General Approval Standards for Land Use Change Permits.
7-101 Compliance with Zone District Use Restrictions
This use is considered by permit review in the Resource Lands zone district.
This requirement has been met.
7-102 Compliance with Comprehensive Plan and IGAs
With mitigations that are conditions of approval recommended by Staff, the
proposal can be operated in such a way as to be made compatible with the goals,
objectives, policies, zoning and programs of the Comp Plan.
There is no IGA related to this area; This requirement has been met.
7-103 Compatibilitv
While the use is not the same as those uses on adjacent parcels (Federal land.
Open space), with proper mitigation measures recommended as Conditions of
Approval by Staff, adverse effects can be mitigated. It is the right of the mineral lessee
to extract the resource, but it is a requirement of both Comp Plan and ULUR that the
extraction permit include measures to ensure the resource is 'developed in a
reasonable manner and to have adverse land impacts mitigated'.
The site is miles the nearest residence (near the juncture of CR 213 and CR 204) and
the office site is a considerable distance from the property boundary itself.
The Impact Analysis speaks to specific site design features that the Applicant will
provide to ensure the adjacent properties.
This requirement can be met with conditions recommended by Staff.
7-104 Sufficient Legal and Physical Source of Water
While a permit for an exempt fresh water well has been sent to the State, the
Applicant has expressed no immediate plans to drill the well and proposes, instead to
haul water in and store it in a 10,000 gallon tank. The well is limited in its capacity to
serve a maximum of 19 persons at the rate set forth by the Applicant's engineer for an
office setting. (The Applicant has sent a statement that they intend to cap the number
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of personnel using this facility at 19.) There is no proposed irrigation.
As this is a conversion of a 'temporary' office facility into a 'permanent' facility, Staff
has been guided by the Department that the facility must meet the requirements of a
'permanent' facility with regard to services and protections. Staff recommends that the
exempt well be drilled, and adequate treatment for that water source be installed.
If the well proves viable for capacity and quality, the standards for legal and physical
water can be met. A 24-hour pump test and water quality test to verify the water quality
shall be included in the conditions of this standard.
Under 7-104 (A)(5) Fire Protection Requirements, however, the determination of
requirements are up to the fire service provider. At the time of this writing, comment
has been received from the Debeque Fire Department in whose district this proposed
facility is located (Exhibit M).
In conversation with the Debeque Fire Chief, Nick Marx, the Chief stated that a tank
with 10,000 gallons would not be adequate for initial attack, and there was some
discussion about sprinkler systems, water v. chemical. The comment letter states that
the initial fire suppression shall be fire extinguishers and a sprinkler system that will be
determined at a meeting between the Fire Department and the Applicant. A 2500 to
300 gallon reservoir of water with an appropriate connection is required.
Staff recommends the condition of approval state:
prior to occupancy and the issuance of the Land Use Change Permit a letter
be provided by the Applicant from the Debeque Fire Department stating the
requirements for fire protection on the site have been agreed to and that they
have been satisfied. In addition, an addendum to the letter shall be included
that is an emergency response plan specific to the site that shall include a
building evacuation plan, an updated contact list, and agreement to an
annual inspection by the Debeque Fire Department at the expense of the
Applicant. If water is to be used for initial attack, the size of the system,
methods to keep the tank from freezing in winter and a copy of the water
service provider's contract shall be included in the required fire letter.
This requirement can be met with conditions recommended by Staff.
7-105 Adequate WaterSupplv
As stated in 7-104, the well permit application is included, but the well has not
been drilled and water quantity or quality verified. Comment from the Colorado Division
of Water resources, State Engineer's Office (Exhibit 0) state that a commercial exempt
well has been issued and will expire April 6, 2011, if the well is not completed.)
The Applicant's proposed water supply method via hauling satisfied the conditions of
quality and quantity, but does not represent a perpetual or dependable source. As this
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is a 'permanent' installation, all the requirements of 7-105 shall be satisfied, although a
temporary water haul permission of 60 days is recommended by Staff to serve the site
until the well can be drilled and tested, and the water treatment system installed. The
60 day permission shall begin when the Resolution is signed by the BOGG.
The Applicant shall provide proof that the water meets Colorado Primary Drinking
Water Standards.
This requirement can be met with conditions recommended by Staff.
7-106 Adequate Central Water Svstem and Wastewater
There is no central water system or central wastewater system. Comments
from Jim Rada, Garfield County Environmental Health Manager (Exhibit H) state that
potable water systems that provide water to 25 or more people per day for greater than
60 days a year are considered 'public water systems' and must meet the design and
water quality standards of CDPHE. Because Oxy has scaled back the number of
personnel at the site (19 rather than 25) to meet the water limitations of the well, the
potable water system does not have to meet CDP HE public water system standards.
During the interim period (while the well is being drilled and assessed for
quantity/quality), hauled potable water may be permitted to the site. Staff recommends
a signed contract and verification that the water provider meets CDP HE standards be
provided to Garfield County Environmental Health Manager as a condition of approval.
The Environmental Health Manager recommends that the water quality monitoring
standards from the Temporary Employee Housing regulations be required, and Staff
recommends this as a condition of approval, as well.
Regarding wastewater, the Applicant is proposing an appropriately scaled ISDS to
serve the sanitary needs. A unit that serves fewer than 25 employees requires a
simpler review, and the proposed system can meet Garfield County regulations. The
system is adequately distanced from Conn Creek. Sanitary needs will be addressed
with the continued use of incinerating toilets that are presently on site until the in-
ground facility is operational.
Staff recommends as conditions of approval that an ISDS to serve no more than 19
employees be permitted with an appropriate Garfield County permit, and once the
ISDS is installed and operational, the of incinerating toilets that are presently on site be
removed.
This requirement can be met with conditions recommended by Staff.
7-107 Adequate Public Utilities to Serve the Use
The proposed office is not served with electrical service; power will be
generated by a diesel generator. This kind of equipment is widely used, and will be
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required to meet the air quality standards in 7-208.
This requirement can be met with conditions recommended by Staff.
7-108 Access and Roadwavs
The proposal has adequate existing access, and a condition of approval shall
be to require proper permits from GarCo Road & Bridge for overweighUoversize
vehicles.
This requirement can be met with conditions recommended by Staff.
As per comments from GarCo Road & Bridge Administrative Foreman Jake Mall, no
driveway permit needed, oversize/overweight vehicle permits are required, and all
traffic shall adhere to the construction conditions on CR 204 that is anticipated to
continue into 2010. (Exhibit I)
OXY USA \\ill be asked to participate in a road maintenance and road repair program.
this could include dust control. new gravel for road surface and water trucks to assist in
any work performed on Cr. 213.
As much of the traffic traveling on CR213 is related to Oxy's facilities, Road & Bridge is
requesting that the Applicant participate in a road maintenance and road repair
program that could include dust control, new gravel for road surfaces and water trucks
to assist in work to be performed on CR 213.
Dust mitigation has been mentioned in the comments of Jim Rada, GarCo
Environmental Health Manager, as well. (Exhibit H)
Article VII, 7-208 Air Quality, Pg 53. OXY indicates that the proposed use will not
impact air quality. I suggest that the generator, fuel tank, dust from the parking lot,
vehicles all have an impact on air quality to some degree. I recommend that OXY be
required to determine if any of their activities will need permitting through CDPHE and
include a discussion of dust mitigation activities related to traffic and the parking areas
associated with this facility.
As part of on-going Staff orientation, Mr. Rada has stated that Garfield County is an
'attainment area for particulates' under Colorado Department of Public Health &
Environment (CDPHE) Air Pollution Control Commission (APCC) standards.
The traffic counts represented for CR213 on page 1 of the Applicant's Basic Traffic
Analysis state that the most current count for CR 213 is 271 ADT. Because this
representative data exceeds the threshold of 200 ADT on private, unpaved roads,
CDP HE APCC. Regulation 1 will require control measures set forth in APCC 111. D.2.a.
Roadways (i.) Unpaved, that being:
111.D.2.a. Roadways-111.D.2.a.(i). Unpaved
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111.D.2.a.(i).(A). Applicability-Attainment and Non-attainment Areas
111.D.2.a.(i).(B). General Requirement
Any owner or operator responsible for construction or maintenance of any (existing
or new) unpaved roadway which has vehicle traffic exceeding 200 vehicles per day
in attainment areas or 150 vehicles per day in non-attainment areas (averaged
over any consecutive 3-day period) from which fugitive particulate emissions will
be emitted shall be required to use all available, practical methods which are
technologically feasible and economically reasonable in order to minimize
emissions resulting from the use of such roadway in accordance with the
requirements of Section 111.D. of this regulation. ·
111.D.2.a.(i).(C). Applicable Emission Limitation Guideline
The nuisance emission limitation guideline shall apply to unpaved roadways.
Abatement and control plans submitted for unpaved roadways shall be evaluated
for compliance with the requirements of Section 111.D. of this regulation.
111.D.2.a.(Q.(D). Control Measures and Operating Procedures
Control measures or operations procequres to be employed may include but are
not necessarily limited to, watering, chemical stabiliz1;1tion, road carpeting, paving,
suggested speed restrictions and other methods or techniques approved by the
division.
Staff recommends that as a condition of approval the Applicant be required to develop
a two-fold plan for dust mitigation on the roadways associated with this use:
1. Dust mitigation measures for the office access and parking lot, that may be
combined with the measures to mitigate air quality at the office site,
2. Dust mitigation measures for the access road CR 213, that may be
combined with the requested participation stated by Road & Bridge.
7-108 (D) Adequate Capacitv states that 'access serving the proposed use shall have
the capacity to accept the additional traffic generated by the use safely an efficiently.
The use shall not cause traffic congestion or unsafe traffic conditions, and all impacts
to the County and state roadway system shall be mitigated through roadway
improvements or impact fees, or both.'
Staff recommends that because 'unsafe traffic conditions' may be related to the
maintenance of the road surface and visibility issues related to dust that the BOCC
require the Applicant to participate with GarCo Road & Bridge road maintenance and
road repair program.
The condition of approval shall state:
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Prior to issuance of the land use permit, the Applicant shall submit dust
mitigation control measures to conform with CDPHE APCC Regulation 1 for
both the office access/parking area and CR 213 in general, and participate with
GarCo Road & Bridge road maintenance and road repair program that includes
dust control, new gravel for road surfaces and water trucks to assist in work to
be performed on CR 213.
This requirement can be met with conditions recommended by Staff.
7-109 No Significant Risk from Natural Hazards
The subject parcel is not in an area that has been identified as having natural
hazards, such as mudflow, geologic instability, mudflow, fault, etc. The only
identifiable natural hazard is that the site having a low to moderate wildfire risk, and
perhaps a temporary stranding of employees on the site as a result of road wash-out
or mudslide.
The concern is that this is a relatively remote site with limited manpower to respond to
a fire emergency. As a requirement under the fire flow (water) requirements in 7-104,
Staff recommends an annual safety meeting with the fire service provider as a
condition of approval. As part of the site-specific emergency response plan, the
Applicant shall provide a statement to Garfield County that details a plan for limited
emergency provisions for no fewer than 19 people stranded at the office site for 24
hours, at a minimum to include drinking water, rations, space blankets and flashlights.
This requirement can be met with conditions recommended by Staff.
Article VII, Division 2: General Resource Protection Standards for Land Use Change
Permits.
7-201 Protection of Agricultural Lands
A. No adverse effect to agricultural operations
The facility is on a previously disturbed piece cif ground and shall be fenced
to prevent entry from any livestock that are on the parcel as part of an agricultural
lease.
Staff recommends as a condition of approval that the Division of Wildlife (DOW)
'wildlife friendly' fencing serve as the guide for fencing on the site. DOW comments
expressed no concerns with the office proposal. ·
This requirement can be met with conditions recommended by Staff.
B. Domestic animal controls
Staff notes that the site proposes a bear-proof dumpster or waste containers
to prevent habituation of black bears. Staff also recommends that no domestic
animals, such as dogs, be allowed to accompany employees or subcontractors to the
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site, as the goal outside of the perimeters of the office facility has both wildlife habitat
and agricultural operations.
This requirement can be met with conditions recommended by Staff.
C. Fences
As discussed above in A. and B. Staff recommends as a condition of
approval that the Division of Wildlife 'wildlife friendly' fencing serve as the guide for
fencing on the site.
This requirement can be met with conditions recommended by Staff.
D. Roads
The proposal has adequate legal access and existing roadway on the subject
parcel, and a company policy of speed limits. Roads are part of the 'previously
disturbed surfaces' infested with an undesirable invasive species mentioned in the
Preconstruction Habitat Assessment Report, page 3, and serve as corridors to allow
the spread of weeds. Undesirable weeds compete with forage plants. Staff
recommends that roadways be included in the revision of Oxy's current reclamation
protocol recommended in the report. Comments from Planning Department Project
Engineer John Niewoenher, P.E. (Exhibit J) also include mention of these areas.
As a condition of approval, Staff recommends that the Applicant include the road in
front of the office as well as the driveway on the delineated site in the re-vegetation
area.
This requirement can be met with conditions recommended by Staff.
E. Irrigation Ditches
There are no irrigation ditches near the proposed facility.
This requirement can be met with conditions recommended by Staff.
7-202 Protection of Wildlife Habitat Areas
As discussed above in 7-201 A-D, Staff recommends those conditions of
approval to mitigate adverse effects on wildlife.
DOW stated that the 'impacts to the wildlife resource were negligible' with the office
proposed. (Exhibit N) The Preconstruction Habitat Assessment Report cites no
adverse effect on sensitive species, but does mention that the parcel is being affected
by noxious weeds, and that the weed abatement program needs to include treatment
of Russian Thistle as it appears on '95% of the vegetation on disturbed areas'. Noxious
weeds spread and compete with forage plants that are used by wildlife in the area.
This requirement can be met with conditions recommended by Staff.
7-203 Protection of Wetlands and Waterbodies
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The only waterbody on the site is Conn Creek. The office facility is distanced from the
riparian edge both horizontally and vertically. Comments from Planning Department
Project Engineer John Niewoenher, P.E. (Exhibit J) state:
Drainage: They show drainage structures but they don't provide (i) any map that
shows the pre-and post development drainage basins, (ii) calculations that show how
the drainage and detention structures are sized, and (iii) how they comply with the
County's drainage standards found in Section 7-206 of the Code.
As a condition of approval, Staff recommends that prior to any disturbance of land the
Applicant be required to submit to the satisfaction of the Planning Department Project
Engineer, adequate site map and documentation that depicts pre-and post-
development drainage, calculations as to how the drainage basins (existing and
proposed) are sized, and how the drainage plan satisfies section 7-206 of ULUR
(Code).
This requirement can be met with conditions recommended by Staff.
7-204 Protection of Water Quality from Pollutants
The proposal has an adequate stormwater management plan and spill
containment measures are adequate. Conditions set forth in the discussions of 7-203
shall be recommended as conditions of approval.
This requirement can be met with conditions recommended by Staff.
7-205 Erosion and Sedimentation
7-206 Drainage
7-207 Stormwater Runoff
Because these items are so closely related, Staff has combined them here.
As discussed in 7-203 above, the Applicant needs to provide details to the satisfaction
of the Planning Department Project Engineer that stormwater management plan and
spill containment measures are adequate to address these three requirements.
Conditions set forth in the discussions of7-203 shall be recommended as conditions of
approval.
These requirements can be met with conditions recommended by Staff.
7-208 Air Quality
Operations of the site shall be required to be operated within CDPHE air
quality standards, as per the Garfield County Environmental Health Manager. (Exhibit
H). Condition of approval regarding dust mitigation has been recommended in 7-108.
Staff recommends that emissions from the diesel generator be required to meet
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CDPHE APCC requirements in its operation as a condition of approval.
This requirement can be met with conditions recommended by Staff.
7-209 Areas subject to Wildfire Hazards
7-210 Areas subject to Natural Hazards and Geologic Hazards
As discussed in 7-109 above.
These requirements can be met with conditions recommended by Staff in 7-109.
7-211 Areas with Archaeological. Paleontological or Historical Importance
A Class 1 Cultural Resource Survey was conducted and resulted in the
statement that there is no material injury to cultural or paleontological resources, or
items of historical importance as part of the site expansion.
This requirement has been met.
7-212 Reclamation
As there is no financial security presently in place for the reclamation of the
site, the proposal shall be required to provide adequate security to re-vegetate the site,
and cut slopes, where applicable. A financial security shall also be required to restore
the site to a pre-build condition.
Short-term re-vegetation: Places like the drainage swales, cut/fill slopes and septic
system will need to be stabilized and re-vegetated. They need to provide (i) the re-
vegetation plan and estimate of the area, (ii) a cost estimate for stabilization (erosion
control), re-vegetation and weed management, (ii) a bond for this amount. Unless
there is a lot of steep slopes and ditches requiring costly stabilization, the bond can
be calculated at $2,500/acre.
The required information conditioned in 7-203 will guide the Planning Department
Project Engineer to require additional security to accommodate for steep slopes and
ditches requiring stabilization. As the condition requires the information be provided to
the Project Engineer prior to any disturbance of land (which would include site
preparation for the building), Staff believe that this timing will not impede the project
significantly.
The reclamation plan includes a detailed discussion of re-vegetation measures,
including hydro-mulching. The Preconstruction Habitat Assessment Report provided by
the Applicant's consultant states
. 'the overall condition of the reclaimed pipeline ROW and well pad fill slope to
the east indicate that Oxy's current reclamation protocol should be revised'
and was critical of hydro-mulching. Garfield County Vegetation Management Director's
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comments indicate that that the weed management plan was acceptable. It was also
stated that he performed a site visit with Oxy personnel in June, 2009.
Staff recommends:
./ a site assessment visit be performed annually to assist the Applicant with
their weed abatement and re-vegetation programs,
./ all securities shall be in place prior to site disturbance,
./ a reclamation security of $12,000 be required for the 3-acre site,
./ a short-term re-vegetation security of $7500 be required unless the
analysis required as a condition of approval to meet 7-203 requires a
different amount.
This requirement can be met with conditions recommended by Staff.
Article IV, 4-502 E. Impact Analvsis:
The following sections were stated analysis and no additional commentary is necessary:
4-502 E.1-3. These requirement(s) have been met.
4-502 E.4. Soil Characteristics.
The Natural Resources Conservation Service (NRCS) soils report for this area provides
information regarding the suitability or limitations of these soils for the proposed use -
construction of a small commercial building. The primary limitation identified by the NRCS for
this proposed use is based on the typical slope where this soil unit occurs. The proposed
location for the Field Office appears to overcome this limitation in that a relatively flat area has
been selected. The NRCS also Identifies these soils as having very limited capability for
landscaping due to high gravel content and the draughty nature of this area. This limitation will
need to be considered in the design and implementation of any landscaping for this facility. In
addition, these soils are identified as being somewhat limited for septic absorption due to slow
water movement, however, this limitation can be easily overcome by an engineered design for
septic systems.
The ISDS system has been engineered and appropriately scaled for the use; there should
be little obstacle to having a working system.
This requirement has been met.
4-502.E.6-Geology and Hazard
4-502.E.7-Effects on Groundwater and Aquifer Recharge Areas
Staff finds that the site for this facility was located to be away from direct rockfall, and no
reports of problems during its previous use have been reported. Little surface disturbance
will be required on this site. Adequate drainage plans and spill containment measures for
the diesel fuel tank shall be recommended as conditions of approval.
These requirements can be met with conditions recommended by Staff.
4-502.E.8 -Environmental Effects
LIRP OXY USA WTP LP Professional Office
-BOCC-9121109 Page 16
4-502.E.8.a.-Determination of Long term and short term effect on .flora and fauna
Impacts to flora shall be mitigated in disturbed areas with required re-vegetation and weed
abatement measures, conditioned as part of 7-212.
This requirement can be met with conditions recommended by Staff.
4-502.E.8.b.-Determination of the effect on significant archaeological. cultural.
paleontological. historic resources
This requirement has been met.
4-502.E.8.c Determination of the effect on designated environmental resources, including
critical habitat.
This site is not within an identified critical wildlife habitat, and the comments of Division of
Wildlife (DOW) support this.
This requirement has been met.
4-502.E.8.d Impacts on wildlife and domestic animal through creation of hazardous
attractions. alteration of existing native vegetation. blockade of migrations routes. use
patterns or other disruptions
This site is not within an identified critical wildlife habitat, and the comments of Division of
Wildlife (DOW) support this. Domestic animals, aside from cattle, are not on site. Cattle
are not adversely affected by this proposed use.
This requirement has been met.
4-502.E.8.e -Evaluation of anv potential radiation hazard that mav have been identified
by the State of County Health Departments.
There are no potential radiation hazard identified on this parcel.
This requirement has been met.
4-502.E.8.f -Spill Prevention Control and Counter Measures Plan. if applicable
An amendment to the Plan shall be provided for the diesel fuel tank containment basin as
a condition of approval.
This requirement can be met with conditions recommended by Staff.
4-502.E.9 -Traffic
The traffic analysis is divided into four phases: ISDS Construction (15 days), Operation
(25 years), Stick-built Construction (60days) and Reclamation (30 days).
While the proposed office facility has traffic associated with it, the facility demonstrates a
savings of trips. An average of 5 ADT trips a day is anticipated for the sit~ in construction,
25 ADT in operation, 16 in stick-built construction and 12 in reclamation. Current volumes
on CR213 are 271 ADT. The increase from the office use is not significant, but the
LIRP OXY USA WTP LP Professional Office
-BOCC-9121109 Page 17
adverse affects of larger vehicles that apply more weight impact and generate more dust
need to be mitigated.
Staff recognizes the comment from GarCo Road & Bridge Department that requests
participation from the Applicant in 'a road maintenance and road repair program that could
include dust control, new gravel for road surfaces and water trucks to assist in work to be
performed on CR 213'. and has recommended a condition of approval for 7-108 that
addresses road maintenance and repair.
This requirement can be met with conditions recommended by Staff.
Finally, the site is not located in a floodplain. (This fact was not presented elsewhere.) The
office facility is adequately distanced horizontally and vertically from Conn Creek.
This requirement has been met.
4-502.E.20 -Nuisance
Applicant states the adjacent lands will not be adversely affected by the generation of
vapor, dust, smoke, noise, glare or vibration. Staff recommends that as a condition of
approval the facility be required to be operation in such a way as it does not cause a
nuisance in the form of vapor, dust, smoke, noise, glare or vibration on adjacent
parcels. Glare and visual impact of the facility shall be mitigated by using non-reflective
paint in a neutral color. The Colorado Revised Statutes noise level in the neighborhood
has been put in place on industrial uses such as compressor plants, that being Light
Industrial (70 dBa). As this is an office facility, the standard should be easy to operate
under, with the exception of the power source.
This requirement can be met with conditions recommended by Staff.
VI. REVIEW AGENCY COMMENTS
Staff referred the application to the following referral agencies for comment, with the
response noted:
• Garfield County Environmental Health Department, Director Jim Rada, email
comments dated 8.25.09 (Exhibit H)
• Garfield County Road & Bridge Department , Administrative Foreman Jake Mall,
email dated 8.26.09 (Exhibit I)
• Garfield County Planning Department, Project Engineer John Niewoehner PE,
email dated 9.8.09 (Exhibit J)
• Garfield County Vegetation Management Department, Manager Steve Anthony,
email comments, revised, dated 9.16.09 (Exhibit K)
• Garfield County Oil & Gas Liaison, Oil & Gas Representative Nikki Reckles, 9.15.09.
(Exhibit L)
• Debeque Fire Department, Chief Nick Marx-dated 9.15.09 (Exhibit M)
• Division of Wildlife, Wildlife Officer Albert Romero, dated 8.21.09 (Exhibit N)
LIRP OXY USA WTP LP Professional Office
-BOCC-9121109 Page 18
• State of Colorado Water Resources Division, State Engineer's Office, Mike
Bender, email comments dated 9.4.09 (Exhibit 0)
• no comments: State Department of Public Health & Environment (CDPHE)
VII. 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 Limited Impact Review Permit (Sections 4-
501) the Garfield County Unified Land Use Resolution of 2008, as amended.
VIII. STAFF RECOMMENDATION
Due to the following conditions:
• the limited nature of potential impacts to surrounding properties through
conditions of approval that mitigate these effects,
• the proposed is required to operated within compliance levels for noise and to
mitigate glare and other emanations,
Staff recommends the Board approve the request for a Land Use Change Permit
through the Limited Impact Review process to allow the construction and
occupation of a professional office for OXY USA WTP LP, 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 Colorado Oil and Gas Conservation Commission (COGCC) and
the International Fire Code as the Code pertains to the operation of this facility.
L!RP OXY USA WTP LP Professional Office
-BOCC-9121109 Page 19
4. Vibration generated: the professional office facility 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.
5. · Emissions of smoke and particulate matter: the professional office facility, diesel
generator, related roadway and parking area shall be so operated so as to comply
with all Federal, State and County air quality laws, regulations and standards,
including CDPHE APCC Regulation 1 for dust.
6. Emission of heat, glare, radiation and fumes: the professional office facility, diesel
generator, related roadway and parking area and shall be operated so 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.
7. All equipment and structures associated with this permit shall be painted with non-
reflective paint in neutral colors to reduce glare and mitigate any visual impacts.
8. Volume of sound generated shall comply with the standards set forth in the Colorado ·
Revised Statutes and COGCC Series 800, for Light Industrial Levels.
9. Lighting shall be pointed downward and inward to the property center and shaded to
prevent direct reflection on adjacent property.
10. To ensure safety to wildlife and domestic animals:
A. Division of Wildlife 'wildlife friendly' fencing shall serve as the guide for
fencing on the site,
B. A bear-proof dumpster or waste container shall be provided on the site,
C. No domestic animals, such as dogs, shall accompany employees or
subcontractors to the site.
11. Prior to any disturbance of land, the Applicant shall submit to the satisfaction of the
Planning Department Project Engineer:
A. adequate site map and documentation that depicts pre-and post-
development drainage, and how the drainage plan satisfies section 7-206 of
ULUR (Code).
B. calculations as to how the drainage basins (existing and proposed) are
sized,
C. adequate drainage plans and spill containment measures for the diesel
fuel tank shall be included as an amendment to the Drainage Plan.
12.
LIRP OXY USA WTP LP Pr ofessional Office
-BOCC -912 1109 P a ge 20
Prior to any disturbance of land , reclamation security of $4000 per acre shall be
submitted for the 3-acre site disturbance, as per the Garfield County Vegetation
Manager. A..shod...tenn te-vegetatirnr security shall-effiG-be-required t(}be~-
, dete.rm.ir:ieeHtmrugh the analysis required as a corrdttieA-Of-appr.oval-te-m ,.. J,-203 .
-'1-l z_., .
If the use as a professional office facility is endeJ. reclamation shall be initiated
within 60 days and meet the requirements set forth in the reclamation plan in place
on the date the Land Use Change Permit issued, or the site reclamation standards
in place at the time of use cessation, whichever is more stringent. The reclamation
standards at the date of permit issuance are cited in Section 4.06 , 4.07 and 4.08 of
the Garfield County Weed Management Plan (Resolution #2002-94).
13 . An annual site assessment visit shall be performed by the Garfield County
Vegetation Management Department to assist the Applicant with their weed
abatement and re -vegetation programs .
14 . Prior to any disturbance of land, proper building permits, grading permits, permits from
GarCo Road & Bridge for overweight/oversize vehicles and traffic control shall be in
place.
15 . Prior to occupancy and the issuance of the Land Use Change Permit, the exempt well
shall be drilled and meet the following standards :
A All requirements of the Colorado Primary Drinking Water Standards apply,
B. The well and water system must be installed, operational and tested within 60
days of the date the Resolution-for the professional office is signed by the
BOGG,
C. Permission to use a hauled water system to serve the site until the well and
related water treatment system is operational is granted for 60 days
beginning on the date the Resolution for the professional office is s igned by
the BOCC,
D. The water quality monitoring standards of the Temporary Employee Housing
regulations shall apply to this temporary use,
E. A signed contract with verification that the water provid er meets CDPHE
standards shall be provided to Garfield County Environmenta l Health
Manager.
16 . Prior to occupancy and the issuance of the Land Use Change Permit, an ISDS to
serve no more than 19 employees shall be permitted with an appropriate Garfield
County permit. When the ISDS is installed and operational , the incinerating to ilets
presently on site shall be removed .
LIRP OXY USA WTP LP Professional Office
-BOCC -9121109 Page 21
17. Prior to occupancy and the issuance of the Land Use Change Permit, a letter from
Debeque Fire Department shall be provided to Garfield County that includes:
A. A list of requirements for fire protection for the site, and that the
requirements have been met to the satisfaction of the fire service
provider,
B. an emergency response plan specific to the site that shall include a
building evacuation plan,
C. an updated contact list,
D. agreement to an annual inspection by the Debeque Fire Department at
the expense of the Applicant; if applicable,
E. details of any water system to be used for initial attack, including the size
of the system, methods to keep the tank from freezing in winter, and the
water service provider's contract.
18. Prior to occupancy and the issuance of the Land Use Change Permit, a plan shall
be submitted to Garfield County and emergency provisions shall be made
available on the office site to accommodate no fewer than 20 people stranded
temporarily at the office site, including, at a minimum: drinking water, rations,
space blankets and flashlights.
19. Prior to the issuance of the permit, the Applicant shall be requested to participate in
a road maintenance and road repair program that could include dust control, new
gravel for road surfaces and water trucks to assist in work to be performed on CR
213 at a level determined by the BOCC or GarCo Road & Bridge Department.
20. Amendments may be considered in accordance with the Limited Impact Review
Amendment process of the Unified Land Use Resolution of 2008, as amended,
under which it shall be administered.
IX. RECOMMENDED MOTION
"I move to approve a Land Use Change Permit through the Limited Impact Review
process to allow the installation of a 'Professional Office forthe Conduct of Business or
Profession' for OXY USA WTP LP, with the conditions provided by Staff."
Dus Dunbar
-rom:
ent:
To:
Subject:
Attachments:
Dusty,
Jim Rada
Tuesday, August 25, 2009 1 :27 PM
Dusty Dunbar
LIRA5951 -OXY USA WTP LP Professional Office
Jim Rada Orada@garfield-county.com).vcf
I offer the following comments and recommendation for the referenced project:
1. A potable water system which provides water to 25 or more people per day for greater than 60 days per year is
considered a public water system. OXY suggests that the system will serve up to 25 people per day. Once they
meet that threshold they will be required to meet all design standards and water quality standards of CDP HE. I
recommend that OXY be required to meet or exceed CDPHE requirements for the drinking water system based
on the maxim.um proposed number of employees to use this facility.
2. If hauled potable water is supplied to the facility, I recommend that water quality monitoring requirements
match those of Minor Temporary Housing Facilities which utilize hauled water. I suggest that language for those
conditions be taken from the THF regulations.
3. Water haulers must meet all of the CDPHE water hauler regulations.
4. Article VII, 7-208 Air Quality, Pg 53. OXY indicates that the proposed use will not impact air quality. I suggest
that the generator, fuel tank, dust from the parking lot, vehicles all have an impact on air quality to some
degree. I recommend that OXY be required to determine if any of their activities will need permitting through
CDPHE and include a discussion of dust mitigation activities related to traffic and the parking areas associated
with this facility.
No other concerns at this time. Thanks for the opportunity to review this application.
Jim R.ada, R.E..HS
Environmental Health Manager
Garfield County Public Health
195 W 14• Street
Rifte, CO 81650
Phone 970-625-5200 x8113
Cell 970-319-1579
Fax 970-625-8304
Email jrada@garfield-county.com
Web www.garfield-county.com
1
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: August 19, 20.09
Comments Due: September 10, 2009
Name of application: OXY USA WTP LP Professional Office
Sent to: Garfield Countv Road & Bridge
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: Dustin Dunbar
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.
As this project is beyond the end of Cr. 213 it is exempt from the driveway access
rovision.
OXY USA will be asked to participate in a road maintenance and road repair program,
this could include dust control, new gravel for road surface and water trucks to assist in
any work performed on Cr. 213.
All vehicles hauling equipment and or materials for this project shall abide by Garfield
County's oversize/overweight system. Any vehicle requiring an oversize/overweight
permits shall apply for them at Garfield County Road & Bridge Department. Any vehicle
applying for an oversize/overweight permit shall have on file with Garfield County Road
& Bridge a letter from OXY USA stating said vehicles can obtain permits under their
road bond on file with Garfield County.
All vehicles shall abide by all construction signage and speed limits on Cr. 204, this
could include reduced speed limits, bypasses and traffic stops. This construction could
continue into 2010.
Name ofreview agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date August 26, 2009
Revised 3/30/00
Dus Dunbar
'rom: John Niewoehner
Jent: Tuesday, September 08, 2009 1 :59 PM
Dusty Dunbar To:
Subject: FW: Oxy -LIR -TC -Professional Office 9/8/09
918109
Dusty - -
Pretty much the same comments as for the Oxy water Treatment facility I Storage application. Here's the result of my
quick look at the application for TC:
1. Drainage: They show drainage structures but they don't provide (i) any map that shows the pre-and post
development drainage basins, (ii) calculations that show how the drainage and detention structures are sized, and
(iii) how they comply with the County's drainage standards found in Section 7-206 of the Goode Code.
2. Short-term re-vegetation: Places like the drainage swales, cut/fill slopes and septic system will need to be
stabilized and re-vegetated. They needs to provide (i) the re-vegetation plan and estimate of the area, (ii) a cost
estimate for stabilization (erosion control), re-vegetation and weed management, (ii) a bond for this amount.
Unless there is a lot of steep slopes and ditches requiring costly stabilization, the bond can be calculated at
$2,500/acre.
--John N
1
MEMORANDUM
To: Dusty Dunbar
From: Steve Anthony
Re: Oxy Office LIRA5851
Date: September 16, 2009
Thanks for the opportunity to comment on this project.
integrated Vegetation and Weed Management
• The weed management plan is acceptable. Staff did a site visit in June of this year with Oxy
personnel.
Reclamation
• The applicant has quantified the surface area to be disturbed as 3.0 acres on private land. Staff
recommends a security of$12,000 based on the long-term rate of$4000/acre x 3.0 acres.
• 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.
• The Reclamation Standards at the date of permit issuance are.cited in Section 4.06, 4.07 and 4.08
of the Garfield County Weed Management Plan (Resolution #2002-94).
Erosion coutrol
• Any straw or hay bales used in erosion control shall be certified weed free.
:~---_-J-~~~eld COUflf!__
Oil & Gas Department
September 15, 2009
Dusty Dunbar
Garfield County Building & Planning Department
0375 County Road 352
Rifle, Colorado 81650
Re: Oxy USA WTP LP Professional Office Limited Impact Review
Dear Dusty,
The Garfield County Oil & Gas department does not have any significant comments to add to the
Limited Impact Review of the Oxy USA Professional Office facility.
I have returned the CD to your office mailbox per your request and if you have any additional
questions, please do not hesitate to contact our department.
Thank.you,
Nikki Reckles
Oil & Gas Representative
Garfield County
0375 County Road 352, Building 2060 •Rifle, CO 81650 • (970) 625-5915 •Fax: (970) 625-5939
Email:wswan@garfield-county.com
From: Nick Marx [mailto:nimrx@yahoo.com]
Sent: Tuesday, September 15, 2009 11:51 AM
To: Lorne Prescott
Subject: Re: FW: Fire Suppression details, OXY Field Office
Sorry I havn't gotten back to you before this. I concur with your e-mail of our conversation and look forward to
a meeting prior to construction of the permanent building.
Nick
From: Lorne Prescott
Sent: Tuesday, September 15, 2009 11:43 AM
To: 'nimarx@yahoo.com'
Cc: 'Dusty Dunbar'; 'Craig Richardson'; 'Daniel_Padilla@oxy.com'
Subject: Fire Suppression details, OXY Field Office
Nick,
Thanks for taking the time to discuss these issues with us. To recap our discussion, addressing the fire
suppression issues at the proposed facility can be broken into two components:
1) Fire suppression for the office trailers can be accommodated by the installation of appropriate hand held
extinguishers and augmented by a Fire Department Connection (FDC) to the existing water supply (2500 to
3000 gals).
2) Fire suppression for the proposed stick built structure will be determined prior to construction and after a
meeting with you (or your representative) to identify an appropriate fire protection system (C02?, Halon?,
water? Or a combination of these).
Let me know if you agree with this assessment.
Thank you,
Lome
Lorne C. Prescott I Olsson Associates
826 21 Y, Road I Grand Junction, CO 815051 lprescott@oaconsultinq.corn
TEL 970.263.7800 ext. 2011 I CELL 970.210.68891 FAX 970.263.7456
O\OLSSON
ASSOCIATES
Dus Dunbar
--,rom:
Jent:
To:
Cc:
Subject:
Attachments:
Ms. Dunbar-
Romero, Albert [Albert.Romero@state.co.us]
Friday, August 21, 2009 3:27 PM
Dusty Dunbar
Romatzke, JT
LIRA5951 -OXY Professional Office
image001.png
The Colorado Division of Wildlife is in receipt of LIRA5951-OXY Professional Office permit application and is familiar
with the site. Based both on the location and type of action being proposed the Division believes impacts to the wildlife
resource to be negligible. We appreciate being given the opportunity to comment. Please feel free to contact District
Wildlife Manager, Albert Romero at 970-255-6154 should you have any questions or require additional information.
Thank you
Afte<it ~(l#U<z(l
Colorado Divbion of Wildlife
DWM · DeBecrue
970-216-3847
1
Dus Dunbar
From:
Sent:
To:
Cc:
Subject:
Dear Dusty,
Bender, Mike [Mike.Bender@state.co.us]
Friday, September 04, 2009 11 :49 AM
Dusty Dunbar
Lis, Craig
Limited Impact Review -File LIRA 5951
We have conducted a brief review of the submitted materials for the OXY USA WTP LP Professional Office project and
have no critical comments on the project plan as presented. Please note that well permit no. 280305 for the commercial
exempt well mentione.d in the plan was issued April 6, 2009 and will expire ori April 6, 2011, unless the well is completed
or the permit extended by that date. Thanks -
Mike Bender
Division of Water Resources
Phone: (303)866.3581
1
EXHIBIT
I ftV
CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT THROUGH THE LI~fill!l!""Mllll ... --.
REVIEW PROCESS FOR A 'PROFESSIONAL OFFICE FOR THE CONDUCT OF BUSINESS OR
PROFESSION' ON .31 ACRES OF A 11614-ACRE PARCEL IN THE RESOURCE LANDS (RL) ZONE
DISTRICT. APPLICANT IS OXY USA WTP LP -DUSTY DUNBAR
Dusty Dunbar, Deb Quinn and Loren Prescott, Daniel Padilla were present.
Chairman Martin swore in the speakers.
Deb Quinn reviewed the noticing requirements and determine th ey were timely and accurate. She advised the Board
there were entitled to proceed with the hearing.
Dusty submitted the fo ll owing exhibits for the record: Exhibit A -Proof of Mail Receipts, Exhib it B -Proof of
Publication; Exhibit C -Garfield County Unified Land Use Resolution of2008, as amended; Exhibit D -Garfield
Co unty Comprehensive Plan of2000, as amended; Exhibit E -Application ; Exhibit F -Staff Memorandum; Exhib it
G -Staff power point; Exhibit H -Email, Garfield County Environmental Health Department, Director Jim Rada,
dated 8-25-09; Exhibit I -Email Garfield County Road and Bridge Department -Administrative Foreman, Jake
Mall, dated 80-31-09; Exhibit J -Email Garfield County Planning Department -Project Engineer, John
Niewoehner, P.E., dated 9-15-09; Exhibit K -Email -Garfie ld County Vegetation Manager Department -Director,
Steve Anthony, dated 9 -16-09; Exhibit L -Emai l -Garfield County Oil and Gas Liaison , Oil and Gas
Representative, Nikki Reckles dated 9-15-09 ; Exhibit M -Email as forwarded from DeBeque F ire Department,
Chief Nick Marx, dated 9-15-09; Exhibit N -Email Division of Wildlife District Wildlife manager Albert Romero,
dated 8-21-09 and Exhibit 0 -Email-Colorado Division of Water Resource s -State Engineer's Office -Mike
Bender, dated 9-1 6 -0 9. Exhibit P -Letter from the applicant responding to the proje ct questionnaires. Exhibit Q -
Revisions of staff amendments from staff responding to some changes between the staff report and presentation
today.
Chairman Martin entered Exhibits A -Q into the record.
Dusty presented the two new exhibits to the Applicant, the Board and C lerk .
Dusty explained this is a request for a Land Use Change Permit through the Limited Impact Review Process. The
applicant requests a LUC Permit for the installation of a 'Professional Office for the Conduct of Bu siness or
Profession'. The applicant proposes to install and operate a permanent office facility to replace a small comp lex of
trailers that have been permitted as temporary office facilities. The site is approximately 3.09 acres in size situated
up the Conn Cr eek drainage north ofDeBeque, accessed by CR 213 and CR 204. The proposed facility is in a
neighborhood that is industrial in nature, including two compressor plants, a control facility, well pads, pipelines and
storage areas.
The applicant initially requested that the facility be scaled and permitted to allow up to 25 people to occupy the
office. The applicant's representative has expressed that the personnel number will be reduced to 19 to conform with
well water limitations and keep the facility below certain thresholds for sanitation facilities. The applicant request
that one of the seven trailers remain on site and agrees to cap the number of people at 19.
The office is called the field office and will be accessible to employees 24 hours every day throughout the year with
the standard occupation times during working hours of7:30 am to 6:00 pm Monday throug h Friday. Better radio
communication links to the Grand Junction operations center will reduce employee travel.
Diesel generators provide power and lighting to the site and is limited to downcast li ghts on the building.
Staff recommendations:
Due to the fo llowing conditions:
• The limited nature of potential impacts to surrounding properties through conditions of approval that might
mitigate these effects,
• The proposed is required to operate within compliance level s for noise and to mit iga te glare and other
emanations.
Staff recommends the Board approve the request for a Land Use Change Permit through the Limited Impact Review
process to a llow the construction and occupation of a professional office for OXY USA WTP OP, 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 operations of this type of facility .
3. That the applicant shall comply. with the fire protection provisions including in the rules and regulations of
the Colorado Oil and Gas Conservation Commissioner (COGCC) and the International Fire Code as the
Code pertains to the operation of this facility.
4. Vibration generated: The professional office facility 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.
5. Emissions of smoke and particulate matter: The professional office facility, diesel generator, related
roadway and parking area shall be so operated so as to comply with all Federal, State and County air
quality laws, regulators and standards, including CDPHE APCC Regulation I for dust.
6. Emissions of heat, glare, radiation and fumes: The professional office facility, diesel generator, related
roadway and parking area and shall be operated so 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.
7. All equipment and structures associated with this permit shall be painted with non-reflective pain in neutral
colors to reduce glare and mitigate any visual impacts.
8. Volume of sound generated shall comply with the standards set forthfn the Colorado Revised Statutes and
COGCC Series 800, for Light Industrial Levels.
9. Lighting shall be pointed downward and inward to the property center and shaded to prevent direct
reflection on adjacent property.
10. To ensure safety to wildlife and domestic animals:
A. Division of Wildlife 'wildlife friendly' fencing shall serve as the guide for fencing on the site,
B. A bear-proof dumpster or waste container shall be provided on the site,
C. No domestic animals, such as dogs, shall accompany employees or subcontractors to the site.
11. Prior to any disturbance of land, the Applicant shall submit to the satisfaction of the Planning Department
Project Engineer:
A. Adequate site map and documentation that depicts pre and post development drainage, and how the
drainage plan satisfies section 7-206 of ULUR (Code).
B. Calculations as to how the drainage basins (existing and proposed) are sized,
C. Adequate drainage plans and spill containment measures for the. diesel fuel tank shall be included as an
amendment to the Drainage Plan.
12. Prior to any disturbance ofland, reclamation security of$4000 per acre shall be submitted for the 3-acre
site disturbance, as per the Garfield County Vegetation Manager. A short-term re-vegetation security shall
also be required to be determined through the analysis required as a condition of approval to meet 7-203.
If the use as a professional office facility is ended, reclamation shall be initiated within 60-days and meet
the requirements set forth in the reclamation plan in place on the date the Land Use Change Permit issued;
or the site reclamation standards at the date of permit issuance are cited in Section 4.6, 4.07 and 4.08 of the
Garfield County Weed Management Plan (Resolution #2002-94).
13. An annual site assessment visit shall be performed by the Garfield County Vegetation Management
Department to assist.the Applicant with their weed abatement and re-vegetation programs.
14. Prior to any disturbance of land, proper building permits, grading permits, permits from Garfield County
Road. and Bridge for ovel'\"eight/oversize vehicles and traffic control shall be in place.
15. Prior to occupancy and the issuance of the Land Use Change Permit, the exempt well shall be drilled and
meet the following standards:
A. All requirements of the Colroado Primary Drinking Water Standards apply,
B. The well and water system must be installed, operational and tested within 60-days of the date the
Resolution for the professional office is signed by the BOCC,
C. Permission to use a hauled water system to serve the site until the well and related water treatment
system is operational is granted for 60-days beginning on the date the Resolution for the
professional office is signed by the BOCC.
D. The water quality monitoring standards of the Temporary Employee Housing regulations shall apply to
this temporary use,
E. A signed contract with verification that the water provider meets CDPHE standards shall be provided
to Garfield County Environmental Health Manager.
16. Prior to occupancy and the issuance of the Land Use Change Permit, an !SOS to serve no more than 19
employees shall be permitted with an appropriate Garfield County permit. When the !SOS is installed and
operational, the incinerating toilets presently on site shall be removed.
17. Prior to occupancy and the issuance of the Land Use Change Permit, a letter from DeBeque Fire
Department shall be provided to Garfield County that includes:
A. A list of requirements for fire protection for the site, and that the requirements have been met to the
satisfaction of the fire service provider,
B. An emergency response plan specific to the site that shall include a building evacuation plan,
C. An updated contract list,
D. Agreement to an annual inspection by the DeBeque Fire Department at the expense of the applicant, if
applicable,
E. Details of any water system to be used for initial attack, including the size of the system, methods to
keep the tank from freezing in winter, and the water service provider's contract.
18. Prior to occupancy and the issuance of the Land Use Change Permit, a plan shall be submitted to Garfield
County and emergency provisions shall be made available on the office site, including, at a minimum:
drinking water, rations, space blankets and flashlights.
19. Prior to the issuance of the permit, the applicant shall be requested to participate in a road maintenance and
road repair program that could include dust control, new gravel for road surfaces and water trucks to assist
in work to be performed on CR 213 at a level determined by the BOCC or Garfield County Road and
Bridge Department.
20. Amendments may be considered in accordance with the Limited Impact Review Amendment process of the
Unified Land Use Resolution 0(2008, as amended, under which is shall be administered.
Staff recommends the Board approve the request for a Land Use Change Permit through the Limited Impact Review
process to allow the construction and occupation of a professional office for OXY USA WTP LP, with the following
conditions:
Houpt -wells require everyting in place prior to occupancy.
Dusty it is presented a temporary site and yes, they have to satisfy the requirements for water. Trying to
accommodate the applicant for transfer. Under. a new permit, they would have to stop operations.
Houpt -ISDS -
Dusty-temporary is to use temporary toilets -.16 on site using the facility now -the well permit would not satisfy
their request of25 so the applicant scaled back to operate with the limitations.
Houpt -will they be working with in the temporary until the permit facility?
Dusty -yes -moving perhaps all but one trailer -up to 19 persons.
Houpt -not moving until water for ISDS. This is not worded -60-days grace period and wanted to make sure they
are occupying temporary -,
Dusty -cannot occupy until they satisfy the land use requirements.
Daniel -we will move in temporary water into -not abandon -temporary
Martin -well has not been proved out.
Houpt -they are not using
Daniel -drill well
Houpt -Well is attached to the. permanent facility. Confused as to why
Martin -make. sure the well works -may have to drill a second well. Find water and they can use the temporary
facility.
Dusty-not the temporary to stop.
Houpt-not understand -do not need.the grace period -not using the permanent
Dusty -it was my intention to put some date specific on time allowed to operate while meeting. Code requires
conditions to be met with in a year.
applicant.
Prescott -no presentation per se -staff has actually captured the scope of OXY -talk about conditions of approval.
COA's just received -we captured what dusty intended. Point -dialogue -Dusty and OXY -addressed initial -
letter provided to you -exhibit new -Daniel -new COA 's carry over
Exhibit P -issued today.
Interest of time -like to address the COA received today-and concerns.
Item I 0 -exception to item c. dogs -we do have random drug searches and would like the exception.
Okay-Board
Strike such as dogs. Not as pets.
NO. 12 -Dusty provided -Exhibit Q -concerned about comments short-term vegetation security-no place in
Code to reference the requirement. Short-term bond or security-
$12,060 security and reluctant to short term.
Re-veg concerns completely captured in
Dusty-responded to short term -Exhibit J -John -asking for better clarification on better conditions and as he
sates here -cut and slopes and need to be revegetated. Unless a lot of steep slopes -$2500 per acre.
Code-Deb -general 7-212 -areas securing-contouring in on slopes-in what does the reclamation cover and is
that the short term completed in section 7-212 -once the use goes away. Permanent facility-reclamation -be sure
the Board knows what they are doing -reclamation of all area -be clear and when it needs to occur. Enforce a
bond.
Martin -anywhere -restore back to a house -disturbance -house -$4000
Dusty -thee wants to approach -short term respond to site disturbance to install future development and 2)
reclamation better termed as a restoration security-it has been put back to condition to pre-build.
Dusty we have been grabbling with this -short term and long-term site restoration -no set septic standards with
calculations to come up with an adequate amount -the general response short term - 1 rate and the long term higher
over a long period.
Fred -add -staff is trying to go with this -this is a long-term use -we usually do not anticipate -long-term -
infrastructure -office buildings and site disturbance -make sure it is revegetated. Not focused on a bond when 50
years.
Land use code -dedicated to just this.
Prescott -question -implies the storm water plan does not addres the short,_term disturbance -serves as an interim
Daniel -storm water -land -like consideration of storm water plan and not just address any disturbance. Take out
12.
Their recommendation.
Deb -include reclamation include in accordance 721 O;
B-6 -reclamation of disturbed -when it their deadline.
One year they have to -Martin -if shorter make it
7-212 -Sub b -reclamation.-6 subs about specifics.
Houpt -it covers the restoration process. ·
Dusty is comfortable -please understand_-we are tyring to do things so Garco is not picking up the tab for
something not betting done. -Not an area very definitive decisions -temporary to permanent.
Martin -treat same as on residential -relayed roadway -CDPHE -concrete -Conn Creek into building except.
Modify to state parking lot and driveway~ No 5 -says roadway-address driveway and parking. Mag chloride -
chip and seal. No dust. Could read -particular matter and comply with all state, air, and etc.
Prescott -Item 14 -actually parties to item 17 -one year of approval by COGCC. Item 13 -prior to occupancy
onerous -there are standards being applied with trails -walker system -ties into those -
The water well -
Houpt -land use applies to more
14b.
Dusty did respond to Prescott concerns. Land use permit cannot be issued until water well, tested, quality, survey to
facility-all conditions to satisfy the Land Use Code have to be in place.
Another attempt reasonable nexus -temporary-cannot use the new building -until you have the well in place. A
Martin-not until prior to occupancy-take out the land use permit condition. Any change of the land.
Houpt -no -she is talking about
Dusty -do not issue a land use permit -called a land use change
Martin -put in occupancy.
Houpt -goal is to have the permit issued -if you take is out -
Dusty toe Deb -444301 GH -must be satisfied-issue of permit has all conditions. Ifwe strike issuance of perrnit-
Deb -likes the language used, Condition 13 talks about-had a question about permanent and type of permit -did
not see any
Dusty -challenges -temporary facility-this is a related facility-have it in place and co.ntinuing and went to the
trouble to have a text amendment.
Martin -what is the difference if you have a temporary permit to build a house -what is difference, homebuilder
living in his camper?
Deb -no problem -not clear -temporary not clear until use of permanent is used.
Daniel -might not build a permanent structure in a year.
Houpt -this is saying you will have everyting in a year.
Daniel -permanent -facility
Houpt -permanent -conditions allow you to use temporary until you have it completed.
Prescott -confusing -we wanted to permit the existing structures so they can be used until a stick built structure.
Staff had indicated a well in place viable and long term -later when building a stick build -it would be applied,
Nick on fire -combination -ultimate OXY -bring current structure and then implement
Dusty -this makes it difficult -these types of applications do not have phasing.
Daniel -trying to get a permit -this is self-reporting that we did not have a permit
Houpt -cannot permit a permanent structure.
Prescott -not stipulated to us that we only had one year.
Deb -code provides same condition - 1 year -it does include prior to extension -may request a one-year-=
opportunity there -one year timeframe. We do not approve these with the intent
Martin -discuss this -Executive session -
Dusty -never represented -limited for permanent and transition for temporary-extend she was able to condition
this and satisfy-clumsy-cannot apply for something other-application should be.included -permanent facility,
the water, the ISDS, keeping one trailer at 19 persons and the guidance in the applicant .slanted it that way.
The applicant is expressing -trying to make sure, they can continue to have the temporary and we are asking them
to commit to a timeline they do not have.
Daniel -at request of staff= have both at one time -get the current site in compliance and ready to build a
permanent ,
Houpt -something into compliance -compliance with code. The way it has been presented, permanent structure
while using temporary -
Martin -gives you one year.
Deb -correct -not guarantee -focus on long term not temporary-extension -temporary use - c
Martin -not deny or withdraw -again-we cannot get there -
Motion to continue -noticing -
Requirements -continued Martin -unless the scope changes then a public hearing and start over.
Notice -for a professional office not a temporary office.
Time needed.
Samson -does not agree with them -go ahead -and not legalities -instructed by our staff to do what they are
doing -no one in the audience. They know what they are doing.
Samson ~ soon get it done over and one with -
Houpt -problem -headed in one direction=-applicant said -no wait -permit our temporary and not know when
we are going to build our permanent. What we received is not what you are requesting. We do not have to continue
-conditions of approval -conditions are for a permanent and use your temporary until
Daniel -tried to break out-COA-staff reports were not received.
Daniel -continue for a few weeks.
Daniel preference to allow facility into compliance.
Dusty -yes -from everyting -they are presenting -permanent -relationship as to when. Daniel not at liberty -not
set in place. Concern -happy to work.with applicant to address these challenges.
Martin -ISDS or temporary toilets-hem move on to adequate number of people -uses have to be
Prescott -departmentalized this for ISDS and construction of stick built.
Need separate subsections.
Motion to continue -Houpt -
Deb -Condition 16 -fire -boards makes the decision. Delegate this to the fire department.
Martin -done this before.
Dusty-19th of October Houpt tO continue I: 15 -applicant work on this issue.
Samson -second.
Board should do job and look out for us -Samson -done with what staff asked and he has not problem.
Chairman Martin seconded.
Call for discussion.
Samson -my question -they have come here done what was asked, not a big problem, semantics, drive me up a
wall. Go forward and
Houpt -benefit the applicant t continue -conditions do not help them, not far off. Everyone body understands and
wordsmith-
Daniel -work session with the planner to figure and have it comfortable.
Samson -so this does not happen -in the future -wasted 2 hours.
Martin -benefit us and staff.
Samson -what about not being repeated -
Houpt -two issues together -learn from these experiences and communication is key-no blame on any parties.
Samson -no on blame,
In favor: Houpt -aye Samson -aye Martin -aye
EXHIBIT
I Cl s
MEMORANDUM
To: Fred Jarman
From: Steve Anthony
Re: Oxy Office LIRA5851
Date: October 13, 2009
Revi se d comments in bold .
Thanks for the opportunity to comment on this project.
Integrated Vegetation and Weed Management
• The weed management plan is acceptable. Staff did a site visit in June of thi s year with Oxy
pers onnel.
Reclamation
• The app licant has quantified the surface area to be disturbed as 3.0 acres on private land. Staff
recommends a security of$12,000 based on the long-term rate of$4000/acre x 3.0 acres.
After receiving information that the structure will be in place indefinitely, staff recommends
lowering the revegetation security to $2500 per acre for a total of $7500 .
• The security shall b e held by Garfield County until vegetation ha s been s uccess fully reestabli shed
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 establis hment,
to request an inspection for security relea se cons ideration.
• The Reclamation Standards at the date of permit issuance are cited in Section 4.06, 4.07 and 4 .08
of the Garfield County Weed Management Plan (Re solution #2002-94).
Erosion control
• Any straw or hay bales used in erosion control shall be certified weed free .
) I El G
PROJECT INFORMATION AND STAFF COMMENTS
(Supplement Memo to the Staff Memo dated 9/21/09)
SUMMARY OF REQUEST: "Professional Office for the Conduct of Business
or Profession"
TYPE OF REVIEW: Land Use Change Perm it through the Limited
Impact Rev iew process
APPLICANT/
PROPERTY OWNER: OXY USA WTP LP
LOCATION I ACCESS: Parcel# 2169-214-00-026 accessed from CR 213
SITE INFORMATION : 3 .09 acres of an 11,614-acre parcel
EXISTING I ADJACENT ZONING: Resource Lands (RL) Zone District
I. REQUEST I
DESCRIPTION OF PROPOSAL
The Applicant proposes to install and
operate a permanent office facility to 11
replace a small complex of seven office
trailers used as 'temporary' office
facilities which were installed without
County land use approvals or building
permits .
The site is approximately 3.09 acres in
size, situated up the Conn Creek
drainage north of Debeque , accessed
by CR 213 from CR 204 (Roan Creek).
The proposed facility is in an area that
is industrial in nature, including two
compressor plants , a control facility ,
well pads , pipelines and storage areas
and would operate as an industrial
support facility .
3 5
2
L!RP OXY USA WTP LP Professional Office
-BOCC-9121109 continued to 10119109 Page 2
)
LIRP OXY USA WTP LP Professional Office
-BOCC -912 1109 contin ued to 10119109 Page 3
II. ACTION ON SEPTEMBER 21, 2009 (Minutes Attached)
The BOCC opened the public hearing on this matter on September 21 , 2009 and had a
lengthy discussion which, ultimately , was continued to October 191h. During that meeting,
there was much discussion on the following points. This memo is meant to clarify that
discussion and provide the BOCC with a clear recommendation:
1) Is the existing facility permitted by Garfield County?
No. The use of office trailers was never approved by the BOCC and no building
permits were issued by the Building and Planning Department. This facility, as it
currently exists , is a zoning and bu i lding violation. However, the Applicant brought
this facility to the County's attention and it was~ the subject of a code enforcement
action . 1' :X {\~
2) What is temporary and what is permanent?
Regarding temporary uses, the County's policy is that uses that last one year or
less are commonly considered temporary uses . Further, a temporary use is
characterized as a use that is served by temporary (non-permanent) services such
as portable toilets and hauled I bottled water service.
Conversely , the County treats permanent uses as uses that are intended to last
longer than one year and are served by permanent services such as a water well
and an Individual Septic Disposal System (ISDS). The six office trailers or a stick-
built office can both be considered permanent structures ; it's the services (primarily
water I wastewater) that are either permanent or temporary.
So , the Applicant's proposal is to eventually replace the s ix office trailers w ith a
stick-built office . Staff believes this to be an acceptab le plan so long as the services
are converted immediately to permanent services which include the installation of a
water well and ISDS . The actual conversion from office trailers to stick-built offices
may happen at a later date and would be reviewed properly under the building
permit review process.
Staff understands that the Applicant has committed to provide these permanent
services to serve the six office trailers until such time that they build the stick-built
office .
3) Revegetation vs. Reclamation
Staff discussed the project in greater detail with the County Vegetation Manager
regarding what is to be revegetated or reclaimed . Because the fac ility is to be a
permanent office that is adaptable to many other uses in the future , Staff does not
LIRP OXY USA WTP LP Professional Office
-BOCC -9121109 continued to I Oii 9109 Page 4
recommend the County hold a long-term "reclamation" security if I when that use
ceases unlike a requirement for the removal of large gas tanks, etc. Instead, Staff
recommends a short-term "revegetation" security to reveg the disturbed areas
around the office once it has been constructed similar to the approach the County
uses in residential I commercial improvements.
The following are revised comments by Steve Anthony that Staff suggests as
conditions of approval.
A. The weed management plan is acceptable. (Staff did a site visit in June of this
year with Oxy personnel.)
B. The applicant has quantified the surface area to be disturbed as 3 .0 acres on
private land. Staff initially recommended a revegetation security of $12,000
based on the long-term rate of $4000/acre x 3.0 acres.
After receiving additional information that the structure will be in place
indefinitely, Staff recommends lowering the revegetation security to $2500 per acre
for a total of $7500.
C. 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.
D. The Reclamation (revegetation) Standards at the date of permit issuance are
cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management
Plan (Resolution #2002-94).
E. Regarding Erosion Control, any straw or hay bales used in erosion control shall
be certified weed free.
(Note, the requirement for an annual inspection for weed control to be conducted
by the County Vegetation Manager has been withdrawn from this Staff Report as
it was not recommended by the Manager.)
4) Timing for Required Services (Water I Wastewater) and Office Occupancy
There was much discussion as to when a new (stick-built) office facility could be occupied
and if the existing seven office trailers could still be occupied until that time, etc. if this use
was approved by the BOCC. Based on the earlier Staff points made in #1 above about
temporary and permanent services, Staff concludes the following:
) )
LIRP OXY USA WTP LP Profess ional Office
-BOCC -9121109 continued to 1011 9109 Page 5
A. No different than any other uses approved in the County, the Applicant shall be required J to provide permanent services to support the long-term office use. In this case, since
\~~/) the office trailers were illegally installed without any land use approvals by the BOCC or
~ f I building permit approvals and continue to be occupied, the BOCC can require the office
trailers to be vacated until proper permanent services have been installed which would
include a permitted water well, a permitted ISDS, and proper building permits for the
trailers .
The BOCC may elect to allow the Applicant to continue to occupy the office trailers so
long as the Applicant actively obtains the required permits and services mentioned
above . In doing this, a time frame should be put in place that allows the trailers to be
occupied until properly served . If, at the end of the time frame, the required
improvements have not been installed, then the BOCC could retract the approval and
require complete removal of the office trailers . q "1 °· ..ft>
..<.
The BOCC may also elect to allow the office trailers to stay in place so long as they
have a permitted water well, a permitted ISDS, and proper building permits and allow
the future replacement of the office trailers with a stick-built structure (at any time) so
long as it received proper building permits. In other words, the BOCC can approve a
future replacement as part of your decision at th is hearing .
D . Other Alternatives Originally discussed : You will recall the following alternatives in the
Staff report:
1) The well and water system must be installed, operational and tested within 60
days of the date the Resolution for the profess ional office is s igned by the
BOGG,
2) Permission to use a hauled water system to serve the site until the well and
related water treatment system is operational is granted for 60 days beginning
on the date the Resolution for the professional office is s igned by the BOGG,
3) The water quality monitoring standards of the Temporary Employee Housing
regulations shall apply to this temporary use,
4) A signed contract with verification that the water provider meets CDPHE
standards shall be provided to Garfield County Environmental Health
Manager.
5) Fire Protection
LIRP OXY USA WTP LP Professional Office
-BOCC-9121109 continued to 10/19109 Page 6
Section 7-104(A)(5) of the Land Use Code requires that "the water supply demand for fire
protection shall be based on recognized and customary engineering standards and
requirements of the applicable fire protection district." In this case, the project is located
within the DeBeque Fire Protection District.
The Fire Protection District (via Exhibit M) agreed to the following points which Staff has
suggested as conditions of approval:
A. Fire suppression for the office trailers can be accommodated by the installation of
appropriate hand held extinguishers and augmented by a Fire Department Connection
to the existing water supply of 2,500 to 3,000 gallon storage tank.
B. Fire suppression for the proposed stick-built structure will be determined prior to
construction and after a meeting with the Fire Protection District to identify an
appropriate fire protection system which may include C02, Halon, water, or a
combination of these.
VII. RECOMMENDED FINDINGS
1. Proper posting and public notice was provided as required for the public hearing before
the Board of County Commissioners.
2. The public 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 hearing.
3. The above stated and other reasons, the proposed Land Use Change 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 Limited Impact Review Permit (Sections 4-
501) of the Garfield County Unified Land Use Resolution of 2008, as amended.
5. The proposed Land Use Change Permit for a "Professional Office for the Conduct of
Business or Profession" is consistent with the applicable provisions of the Garfield
County Comprehensive Plan of 2000, as amended.
VIII. STAFF RECOMMENDATION
Staff recommends the Board approve the request for a Land Use Change Permit through
the Limited Impact Review process for a Professional Office for the Conduct of
Business or Profession for OXY USA WTP LP, with the following conditions:
LIRP OXY USA WTP LP Professional Office
-BOCC -9121109 continued to 10119109 Page 7
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 Colorado Oil and Gas Conservation Commission
(COGCC) and the International Fire Code as the Code pertains to the operation of
this facility.
4. Vibration generated: the facility 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.
5. Emissions of smoke and particulate matter: the facility, diesel generator, related
driveway and parking area shall be so operated so as to comply with all Federal,
State and County air quality laws, regulations and standards, including CDPHE
APCC Regulation 1 ford ust.
6. Emission of heat, glare, radiation and fumes: the facility, diesel generator, related
roadway and parking area and shall be operated so 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.
7. All equipment and structures associated with this permit shall be painted with non-
reflective paint in neutral colors to reduce glare and mitigate any visual impacts.
8. Volume of sound generated shall comply with the standards set forth in the
COGCC Series 800 Rules and Regulations.
9. Lighting shall be pointed downward and inward to the property.
10. To ensure safety to wildlife and domestic animals:
A. Division of Wildlife 'wildlife friendly' fencing shall serve as the guide for any
fencing erected on the site;
B. A bear-proof dumpster or waste container shall be provided on the site; and
C. No domestic animals, such as dogs, shall accompany employees or
subcontractors to the site.
LIRP OXY USA WTP LP Professional Office
-BOCC-9121109 continued to 10119109 Page 8
11. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide the
following documents to the satisfaction of the Planning Department Project
Engineer in the County Building and Planning Department:
A. An adequate site map and documentation that depicts pre and post
development drainage, and how the drainage plan satisfies section 7-206 of the
Unified Land Use Resolution of 2008, as amended;
B. Drainage calculations that demonstrate that the drainage basins (existing and
proposed) are sized;
C. Adequate drainage plans and spill containment measures for the diesel fuel
tank shall be included as an amendment to the Drainage Plan.
12. The Applicant shall provide a short-term revegetation security in the amount of
$7,500 ($2,500 per disturbed acre) or another security acceptable to the BOCC to
be held by the County. This revegetation 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.
13. Regarding Erosion Control, any straw or hay bales used in erosion control shall be
certified weed free.
14. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide
proof of proper building permits for the office trailers and permits (if applicable) for
Overweight/ Oversize Vehicles as administered by the Garfield County Road &
Bridge Department.
15. Prior to the issuance of a Land Use Change Permit, the Applicant shall be required
to drill a water well shall be drilled and meet the following standards pursuant to
Section 7-104(8) of the Unified Land Use Resolution of 2008, as amended:
A. A minimum 24 hour pump test shall be performed on the well(s) to be used.
The results of the pump test shall be analyzed and summarized in a report
including basic well data (size, depth, static water level, aquifer, etc.) pumping
rate, draw down, recharge and estimated long term yield. The report shall be
prepared by a qualified engineer of ground water hydrologist and include an
opinion that the well will be adequate to supply water for the proposed uses.
The report shall also address the impacts to ground water resources in the
area.
) )
LIRP OXY USA WTP LP Professional Office
-BOCC -9121109 continued to 10119109 Page 9
B. Water use assumptions shall include an average of no less than 3 .5 people
per dwelling , using 100 gallons of water per person per day, plus and
irrigation and livestock watering uses.
C . At a minimum, the water quality of the well shall be tested by an independent
testing laboratory for the basic Colorado Primary Drinking Water Standards
for inorganic chemicals (heavy metals, nitrate, sulfate and asbestos), bacteria
and radioactivity . The results should show that the applicable standards are
met or otherwise identify a treatment system to meet the standards. Testing
for the Secondary Drinking Standards (taste , odor, color , staining, sca ling ,
corrosion, etc.) is recommended.
16. The Office facility shall contain no more than 19 employees. When the ISDS is
installed and operational , the incinerating toilets presently on site shall be removed .
17. Prior to the issuance of the Land Use Change Permit , the Applicant shall provide
the County with a letter from Debeque Fire Department that concurs with the
following requirements :
A. Fire suppression for the office trailers can be accommodated by the
installation of appropriate hand held extinguishers and augmented by a Fire
Department Connection to the existing water supply of 2 ,500 to 3 ,000 gallon
storage tank.
B. Fire suppression for the proposed stick-built structure w i ll be determined prio r
to construction and after a meeting with the Fire Protection District to identify
an appropriate fire protection system which may include C02, Halon , water,
or a combination of these . No building permit appl ication shall be accepted by
Garfield County without an appropriate fire protection plan that has been
approved by the DeBeque Fire Protection District.
18. No Land Use Change Permit shall be issued until a permitted wat e r well and a
permitted ISDS have been installe ~ and pr9per-builqing permits for the trailers
have been issued . .-· c~wrV .,.1/V 4, ""'" · r ,.P.}]' ~ aJlA!A# ./1-v ~ ov-(f ' L -/(.)
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19. The Applicant may replace .tAe ... sevefl-office trailers with a stick-bu i lt structure at
!,,,-,. any time in the future so long as the proper building permits have been obtained
and that the office employee count does not exceed 19 employees.
I IX. RECOMMENDED MOTION
"I move to approve a Land Use Change Permit through the Limited Impact Review process
for a 'Professional Office for the Conduct of Business or Profession ' for OXY USA WTP
LP, with the conditions provided by Staff."
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