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HomeMy WebLinkAbout2.0 BOCC Staff Report 03.15.2010.ff 7 d/ci a/'(-/n qta BOCC 3ltsl20t0TY PROJECT INF'ORMATION AI\ID STATF COMMENTS v REOUEST APPLICANTIPROPERTY OWNER REPRESENTATTVE PARCEL ID PROPERTY SIZEISITE AREA LOCATION ACCESS E)(ISTING ZONING t""/ Trrrn/'z""*< LIPA 6239 - Limited lmpact Review: for T"storage of Supplies, Machinery, y' Equipment, or Products" /n 5.a Puckett Land Company Paul Whisenand/Petroleum Development Corporation 2t7t-291-00-00s 350 acres/S acres Four miles norttr of Parachute, CO offof CR 215 Direct road access offof County Road 215 Resource Lands/Gentle Slopes L GENERAL PROJECT DESCRIPTION The property owner (Puckett Land Company) requests approval to construct a"Lay Dou,n Yard", defined by the Unified LandUse Resolution of 2008 as "Storage of Supplies, Machinery, Equipmentor Products" in support of natmal gas exhaction operations. The site is intended as a centralized storage facility for gas field =tr operations in the area. The vicinity map illustrates the general location of the site and the application includes a general vicinity map with site topography and is labeled as "Vicinity Map and Proposed Overall Site Plan". The request, noted in the application narrative, includes approval for a centralized storage facility operated on a year round basis for storage of supplies and materials used in the gas production industry. The narrative states that general operations on the site will occur between the hours of 7:30 AM to 6:00 PM. On-site storage may include; productions units, tubular (flow piping, tubing, and casing), excess tankage, miscellaneous valves, fittings, barriers, pit fabric, emergency response materials, and other items related to production operations. The unmanned site may also be temporary storage of vehicles and heavy equipment prior to transport to production well pad sites. Brr44-!s4!qg.g!II. SITE DESCRIPTION The site is located approximately four miles northwest of Parachute and is accessed via County Road 215 (Parachute Creek Road) with a proposed direct drivewaY access to CR 215. There are two private road access points along the north and south boundarY lines of the five acre site. The site is currentlY undeveloped with gas PiPeline facilities located to the west, north, and south. PiPelines are located near the site's western boundary with accessory compressor stations nearbY. The site plan, attached to the application and shown to the left, demonstrates a fufure central drive access point and a detention pond at the northwest corner of the storage Yard. Site topography slopes gentlY /)\t,/,/) downhill to the northwest and is shown at3Yo on the site plan. A "Silt Trap" is identified off-site on the northeast and southwest comers. There are also two "Sediment Reservoirs" located on the northwest and southwest corners off-site. A power-line crosses the site from the northeast to southwest corner but is misrepresented and should be shown slightly closer to the site's eastern boundary line. The site plan also identifies a total of ten existing pipelines in an easement on the west site boundary' il. REVIEW STANDARDS & STAFF COMMENTS Limited Impact Reviews are required to adequately address topics in Section 4-502(D) Land Suitability Aaalysis, Section 4-502(E) Impact Analysis, and the general development standards found in Article VII of the Garfield County Unifred Land Use Resolution of 2008 (ULUR). Pursuant to Divisions 1-3 of Article VII all applications for land use change shall conform to the listed standards. Divisions 1-3 discuss General Approval Standards, Resource Protection, and Site Planning and Development' The uppti"*t has addressed all of the requirements of the ULUR that apply to this Limited Impact Review and specifically for'"storage of Supplies, Machinery, Equipment, or Products". The foltowing provides a review of specific standalds that are of interest to the Board when considering the impacts caused by "storage of Supplies, Machinery' Equipment, or Products" followed by a StaffResponse: 1. Public Access to Site. Show historic public access to or through the site' 2. Access to adjoining Roadways. Ittenffi access to adioining roads and site distance and inters ection constraints. 3. Easements. show all easements deiining,limiting or allowing ase types and access. staff Response (For items 1-3): The property has public road access via cR 215 (Parachute Creek Road) with a proposed future drive located centrally on the site' Two private road access points are located to the north and south of the boundaries of this site which appear to service existing gas lines and supporting facilities located nearby. There are no known issues with site access and no access constraints identified by Garfield County Road and Bridge. The Basic Traffic Analysis reports a daily maximum trips/day at 12 and, an average daily trips/day at 17 (I believe these numbers have been transposed and corrected in an attached email) with Road and Bridge comments indicating there may be future requirements for road improvements. The applicant has adequately demonstrated the adequacy of access to the site. The Applicant's Land Suitabitity Analysis is included with the application with a basic Traffic Analysis in the appendix documents' A, 4. Topography and Slope. Topography and slope determination. Staff Response: The property is located on a gently sloping site with a3%o gtadient shown on the site plan. Construction of the site will require grading to minimize slope for adequate storage. Site grading will direct runoff to the northwest comer were a detention pond is shown. There are no significant slope or topographic impacts identified in the Garfield County Geographic System for development of the site. 5. Natural Features. Signijicant naturalfeatures on-site and off-site. Staff Response: The site is located on an area of gentle slope with no significant natural features located on this proposed storage site. Off-site, to the west and east, are the upwards slopes leading to the Roan Plateau. Parachute Creek is located approximately 800 feet miles west of the site and an intermittent drainage is identified on the County GIS maps approximately 200 feet west. 6. Drainage Features. Existing drainages and impoundments, natural and manmade. Staff Response: Parachute Creek is located approximately 800 feet miles west of the site and an intermittent drainage is identified on the County GIS maps approximately 200 feet west. 7. Water. Historic irrigafion, tailwater issues, water demands, adequate water supply plan pursuant to Section 7-104. Staif nesponse: The site does not have any historic water usage or other identifred water demand. There are no potable water wells or other potable water intensive used proposed for operation of the site. Personnel will only be on-site during construction or when moving supplies or equipment on or off the site. 8. Floodplain. Flood plain andJloodfringe delineations. Staff Response: The iite uppears to be outside any designated flood plain or flood hazardarca. 9. Soils. soils determination, percolation constraints, as applicable. Staff Response: An on-site ISOS is not proposed or any other waste-water disposal system. The Garfield County GIS maps show a septic constraint on the southern portion of the site due to a high water table. The GIS also identifies the area soils lack adequate soil moisture. To be productive farm land the site would need active inigation. 10. Hazards. Geologic hazards on-site, and adiacent to site. StaffResponse: The Garfield County GIS maps do not identify any areas of geologic hazafi, on the site. There are areas of significant slope relatedhazud off-site to the southeast. Il. Natural Habitat. ExistingJlora andfauna habitat, wetlands, migratiin routes' Staff Comments: The Application contains a Wildlife and Sensitive Areas Report which is located in the appendix documents. The report was plepared by WestWater Engineering which concluded that the project will contribute to the cumulative impacts to the wildlife populations in the surrounding area that are experiencing gradual habitat loss, fragmentation, alteration, and displacement through increased development. The report does contain a variety of mitigation recommendations' Staff recommends the Board require the Applicant to adhere to these recommendations as conditions of approval' 72. Resource Areas. Protected or Registered Archaeological, cultural, paleontological and hktoric resource areas' Staff Response: The Application contains a "Class I Culturai Resource Overview" prepared by The Grand River lnstitute, located in the appendix documents' which ultimately fognd that that there are no archeological or historic sites identified within the project area. section 4-502(El Impact Anabtsis. The Impact Analysis shall provide o desffiption of the impacts that the priporrd land use change may cause, based upon the standards that the proposed use must satisfy. The Impact Analysis shall include a complete description of how the applicant will ensure that impacts will be mitigated and standards will be satisfied. The fottowing information shall be included in the Impact Analysis' The Applicant has included an Impact Analysis with this application' 1. Adjacent Property. An aililress list of real property adiacent to the subiect property' and the mailing address for each of the property owner* Stuff Comm"rrts' The Applicant provid.ed an address list for property owners within 200 feet of the parent parcel for public notice from the entire 350 acre parcel' 2. Adjacent Land use. Exkting use of adiacent property and neighboring properties within 1500' radius. staff comments: The site is located in an area of oil and gas with some surrounding agricultural uses' production activities 3. Site Features. A description of site features such as streams, areas subject to Jlooding, lakes, high ground water aFeas' topogtaphy' vegetative cover' climatology, and other features that may aid in the evaluation of the proposed development. Staff Comments: The relatively flat 5 acre site is located within the eastern valley of the Parachute Creek drainage approximately 800 feet east of Parachute Creek' There is an intermittent drainage identified approximately 200 feet west of the western boundary of the proposed storage yard. High groundwater is located on the southern half of the site which would affect installation of an iSDS for wastewater treatment, though none has been proposed. There are steep slopes located east and west of the site but outside of any hazard which would affect site development. There are no identihed or visible geologic or topographic features on the site. 4. Soil Characteristics. A description of soil characteristics of the site whiclr have a signiJicant inJluence on the proposed use of tlte land. Staff Comments: The project site does not have any soil constraints to use the site as proposed though the Garfield County GIS identifies the southern % of the site as having constraints for locating an ISDS due to high ground water. An on-site ISDS is not proposed or any other waste-water disposal system. i. Geologt and Hazard- A description of the geologic characteristics of tlte urea including any potential natural or man-made hazards, and a determination of what effect suchfactors would have on the proposed use of the land. Staff Comments: The Garheld County GiS maps do not identify any areas of geologic hazwd. on the site. There are a.reas of significant slope related hazard off- site to the southeast. 6. Elfect on Existing lYuter Supply and Adequacy of Supply. Evaluation of the effect of the proposed land use on the capacity of the source of water supply to meet existing and future domestic and agricultural requirements and meeting the adequate water suppty requirements of Section 7-104. Staff Comments: The site is proposed for "storage of Supplies, Machinery, Equipment, or Products" with minimal requirements for on-site staff. There are no potable water wells or other potable water intensive uses proposed for operation of the site. Personnel witl only be on-site during construction or when moving supplies or equipment on or off the site. 7. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to floodptains, the nature of soils and subsoils and their ability to adequately support waste disposal, the slope of the land, tlre effect of sewage eflluents, and the pollation of surfoce runoff, stream Jlow and groundwater. Staff Comments: The site is proposed for "storage of Supplies, Machinery, Eqrripment, or Products" with minimal requirements for on-site staff. An on-site ISDS is not proposed or any other waste-water disposal system. Personnel will only be on-site during construction or when moving supplies or equipment on or off the site. Environmental Ejfects. Determination of the existing environmental conditions on the parcel to be developed and the effects of devetopment on those conditions, including: a. Determination of the long term and short term effect onflora andfauna' Staff Comment: The Application contains a Wildlife and Sensitive Areas Report which is located in the appendix documents. The report was prepared by westwater Engineering which concluded that the project will contribute to the cumulative impacts to the wildlife populations in the surrounding area that are experiencing gradual habitat loss, fragmentation, alteration, and displacement through increased development. The report does contain a variety of mitigation recofilmendations. Staff recommends the Board require the Applicant to adhere to these recommendations as conditions of approval. b. Determination of the effect on significant archaeological, cultural, paleontological, historic res ources- Staff Comment: The Application contains a "Class I Cultural Resource Overview" prepared by The Grand River Institute, located in the appendix documents, which ultimately found that that there are no archeological or historic sites identified within the.project area. c. Determination of the effect on designated environmental resources' including critical wildlde habitat. (1) Impacts on witdlife anil domestic animals through creation of hazardous attractions, altetation of existing native vegetation, blockade of migration roates, use patterns or other disruptions. Staff Comment: The Application contains a Wildlife and Sensitive Areas Report which is located in the appendix documents. The report was prepaled by WestWater Engineering which concluded that the project will contribute to the cumulative impacts to the wildlife populations in the surrounding arca that are experiencing gradual habitat loss, fragmentation, alteration, and displacement through increased development. The report does contain a variety of mitigation recommendations. Staff recommends the Board require the Applicant to adhere to these recommendations as conditions of approval' d. Evaluation of any potential radiation hazard that may have been identiJied by the State or County Health Departments. Staff Comment: There are no radiation hazards identified for this site' e. Spill Prevention Control and Counter Measures plan, d applicable. Staff Comments: The Application does not include a Spill Prevention, Control and Countermeasure Plan since the site will be used for dry storage only. The Stormwater Management Plan does discuss spill prevention in Section 3'c-4 to accommodate spills of fuels and other petroleum products used in the operation of machinery that will be stored on site. 9. Traffic. Assessment of traffic impacts based upon a traffic study prepared in compliance with Section a-502(J). Staff Comments: The property has public road access via CR 215 (Paruchute Creek Road) with a proposed future drive located centrally on the site. Two private road access points are located to the north and south of the boundaries of this site which appsar to service existing gas lines and supporting facilities located nearby. There are no known issues with site access and no access constraints identified by Garfield County Road and Bridge. The Basic Traffic Analysis reports a daily maximum trips/day at12 and an average daily trips/day at 17 (I believe these numbers have been transposed and corrected in an attached email) with Road and Bridge comments indicating there may future requirements for road improvements. The applicant has adequately demonstrated the adequacy of access to the site. The Applicant's Land Suitability Analysis is included with the application with a basic Traffic Analysis in the appendix documents. 10. Nuisance. Impacts on adjacent landfrom generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Comments: The site is located in an area of oil and gas production activities with some surrounding agricultural uses. The site is intended for the storage of materials, equipment, and products which will not significantly impact the area. The specific requirements of Sections 7-810 Additional Standards Applicable to Industrial Uses and 7-821 Additional Standards Applicable to Storage Areas and Facilities address the impacts of noise, light and glare, odors, and visual screening. The standards will be implemented during site development. The proposed use, as conditioned, meets the requirements of the ULUR of 2008, as amended. 11. Reclamation Plan. A reclamation plan consistent with the standards in Section 7- 212 (B). 7-212 (B) Areas disturbed during development shall be restored as natural-appearing landforms that blend in with adjacent undisturbed topography (Reso 2009-53). 1. Contouring and Revegetation. Abrupt angular transitions and linear placement onvisible slopes shall be avoided. Areas disturbedby grading shall be contoured so they can be re-vegetated, and shall be planted and shall have vegetation established and g.owing based on 70% coverage as compared with the original on-site vegetationwithin two (2) growing seasons, using species with a diversity of native and/or desirable non-native vegetation capable of supporting the post- disturbance land use. 8 a. Revegetation of Disturbed Areas. To the maximum extent feasible, disturbed orri, shall be revegetated to a desired plant community with compositTon of weed-free species and plant cover typical to that site. 2. Application of Top Soil. Top soil shall be stoclEiled and placed on disturbed areas. i. Retaining Walls. Retainingwalls made ofwood, stone, vegetation or othe.r materiali that blend withihe natural landscape shall be used to reduce the steepness ofcut slopes and to provide planting pockets conducive to revegetation. 4. Slash Around Homes. To avoid insects, diseases andwildfire hazards all vegetative residue, slushiness, branches, limbs, stumps, roots, or Other such flimmable lot-clearing debris shall be removedfrom all areos of the lot inwhich such materials are geierated or deposited, prior to final building inspection approval. 5. Removal of Debris. llrithin six months of substantial completion of soil disturbanie all brush, stumps and other debris shall be removedfrom the site' 6. Time Line Plan. Every area disturbed shall have a time line approvedfor the reclamation of the site approved by the County and a security shall be provided to Garfietd County in oiL*ornt i7$2,500 per disturbed age to be reclaimed prior to the issuance of a Land Use Change Permit' Staff Comments: A Reclamation Plan was included with this application and is attached in the appendix documents. The Reclamation PlaI is a generic document intended for various gas and oil drilling operations with many references to the "well pad" contained within the text but does provide adequate discussion of revegetation of the site following the initial site disturbance during construction. Garfield County Vegetation Management commented on the proposed storage yard and the adequacy site revegetation following construction and during site operations' Based on the recommendation of Vegetation Management a condition has been added to control 'Jointed goatgrass" by requiring construction of a washing station to power wash and remove all seeds, Soil, and vegetative matter for all construction, heavy or off road equipment and transport inciuding backhoes, trackhoes, dozers, blades, rollers' lowboys, and equipment trailers. In addition, Vegetation Management recommends a security of$20,000 (based on the long-term rate of$4000/acre x 5'0 acres) for the site. There are no conditions proposed that address final reclamation of the site due to the long term use of the site (30+ years). The proposed use, as conditioned, meets the requirements of the ULUR of 2008, as amended' 9 3. ; SECtiON 7-1OO GENERJ L APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS 1. Section 7-1U Compliance with Zone District Use Restrictions Staff Comments: The proposed use complies with the development standards of the Resource Land/Gentle Slopes Zorung District. 2. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Staff Comments: The property is located in Study Area 5 of the Garfield County Comprehensive Plan of 2000. S ection 7- 1 03 Comp atibility Staff Comment: The site is located in an area currently used for extraction of oil and gas and will have minimal compatibility impacts. The proposed use meets the requirements of the ULUR of 2008, as amended' Section 7-104 Sufficient Legal and Plrysical Soutce of lYater Section 7-105 Adequate Water Supply section 7-106 Adequate Water Distribution and lYastewater systems Staff Comments (For items 4-6): The site is proposed for "storage of Supplies, Machinery, Equipment, or Products" with minimal requirements for on-site staff. There are no potable water wells or other potable water intensive uses proposed for operation of the site. Personnel wiil only be on-site during construction or when moving supplies or equipment on or off the site. The project site does not have any soil constraints to use the site as proposed though the Garfield County GiS identif,res the southern Y, of the site as having constraints for locating an ISDS due to high ground water. An on-site ISDS is not proposed or any other waste-water disposal system' Sectinn 7-107 Adequate Public Utilities Staff Comments: There are no public utilities required for the operation of this site' Section 7-108 Access and RoadwaYs Staff Comments: The property has public access via CR 215 (Parachute Creek Road) with a proposed future drive located centrally on the site. Two private road access points are located to the north and south of the boundaries of this site which appear to service existing gas lines and supporting facilities located nearby. There are no known issues with site access and no access constraints identified by Garfreld County Road and Bridge. The Basic Traffic Analysis reports a daily maximum trips/day at12 and. an average daily trips/day at 17 (I believe these numbers have 4. 5. 6. 8. been transposed and corrected in an attached email) with Road and Bridge comments indicating there may future requirements for road improvements. The applicant has adequately demonstrated the adequacy of access to the site. The Applicant's Land Suitability Analysis is included with the application with a basic Traffrc Anaiysis in the appendix documents. g. Section 7-109 No SigniJicant Riskfrom Natural Hazards Staff Comments: The Garfield County GIS maps do not identify any areas of geologic hazard on the site. There are areas of significant slope related hazard off- site to the southeast. 1. Section 7-201 Protection of Agricultural Lands Staff Comment: The use of the site will not adversely affect surrounding agricultural uses. 2. Section 7-202 Protection of Wildlde HabitatAreas Staff Comment: The Application contains a Wildlife and Sensitive Areas Report which is located in the appendix documents. The report was prepared by WestWater Engineering which concluded that the project will contribute to the cumulative impacts to the wildlife populations in the srurounding arca that are experiencing gradual habitat loss, fragmentation, alteration, and displacement through increased development. The report does contain a variety of mitigation recommendations. Staff recommends the Board require the Applicant to adhere to these recommendations as conditions of approval. 3. Section 7-203 Protection of l{etlands and ll/aterbodies Staff Comment: The relatively flat 5 acre site is located east of the Parachute Creek drainage and an intermittent steam with no apparent impact to wetlands or waterbodies. 4. Section 7-204 Protection of llater Qualityfrom Pollutants Staff Comment: The site will only be used for dry storage. All on-site drainage will be directed to an on-site detention pond to contain runoff as well as perimeter diversion ditches. The Stormwater Management Plan does include discussion of spill prevention in Section 3.c.4 to accommodate spills of fuels and other petroleum products used in the operation of machinery that will be stored on site' 11 5.Section 7-205 Erosion and Sedimentation Staff Comment: The Appiication contains a Stormwater Management Plan that address construction activities and site operations which was prepared by O1sson Associates. The Stormwater Management Plan identifies the Best Management Practices for the development of this site to reduce impacts to rivers, streams, and ditches. The plan will be implemented through a combination of construction techniques, vegetation and re-vegetation, administrative controls, and structural features. The Stormwater Management Plan does include discussion of spill prevention in Section 3.c.4 to accommodate spills of fuels and other petroleum products used in the operation of machinery that will be stored on site. Staff recommends the Board require the Applicant to adhere to these recommendations as conditions of approval. Section 7-206 Drainage & Section 7-207 Stormwater Run-Off Staff Comments: The site will only be used for dry storage. All on-site drainage will be directed to an on-site detention pond to contain runoff as well as perimeter diversion ditches. The Apptication contains a Stormwater Management Plan that address construction activities and site operations which was prepared by Olsson Associates. The Stormwater Management PIan identifies the Best Management practices for the development of this site to reduce impacts to rivers, streams, and ditches. The plan will be implemented through a combination of construction techniques, vegetation and re-vegetation, administrative controls, and structural features. The Stormwater Management Plan does include discussion of spill prevention in Section 3.c.4 to accommodate spills of fuels and other petroleum products used in the operation of machinery that will be stored on site. Staff recommends the Board require the Applicant to adhere to these recommendations as conditions of approval. Section 7-208 Air QuahA Staff Comments: The Environmental Health section of the Garfield County Pub1ic Health Department identified air quality issues for this portion of Garfield County citing high particulate matter due to mud tracked onto County roadways by heavy vehicles. Mitigation measures recommended by the Environmental Health Manager have been included as conditions of approval. Additional dust control measures have been identified in the Stormwater Management Plan. Section 7-209 Areas Subiect to WildJire Hazards Staff Comments: The site is identified as a "Low Hazatd" on the Garfield County Wildfire Hazard Map. 7 72 10. Section 7-210'Areas Subiect to Natural Hazards and Geologic Hazards staff comments: The Garfield county GIS maps do not identify any areas of geologic hazad. on the site. There are areas of significant slope related hazard off- site to the southeast. Section 7-211 Areas with Archeological, Paleontological or Historical Importance Staff comments: The Application contains a "class I cultural Resource overyiew" prepared by The Grand River Institute, located in the appendix documents, which ultimately found that that there are no archeological or historic sites identified within the project area. 11. Section 7-212 Reclamation Staff Comments: A Reclamation Plan was included with this application and is attached in the application appendix documents. The Reclamation Plan is a generic document intended for various gas and oil drilling operations with many references to the ..well pad" contained within the text but does provide adequate discussion of revegetation of the site following the initial site disturbance during construction' Garfield County Vegetation Management commented on the proposed storage yard and the adequacy of site revegetation following construction and during site operations. Based on the recommendation of Vegetation Management a condition has been added to control 'Jointed goatgrass" by requiring construction of a washing station to power wash and remove all seeds, soil, and vegetative matter for all construction, heavy or off road equipment and transport including backhoes' trackhoes, dozers, blades, rollers, lowboys, and equipment trailers. In addition, Vegetation Management recommends a security of $20,000 (based on the longterm rate of $4000/acre x 5.0 acres) for the site. There are no conditions proposed that address final reclamation of the site due to the long term use of the site (30+ years)' The proposed use, as conditioned, meets the requirements of the ULIIR of 2008' as amended. A. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by afence, natural topography or landscaping' B. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of-way. C. All outdoor storage facilities for fuel, raw materials and products shall be screened by natural topography or enclosed by a fence or wall adequate to conceal s uch faciliti e s fr om adj ac e nt pr op erty. 1. All outside storage abutting or facing a lot in a residential or comntercial zone shalt be screened by natural topography or enclosed by a site-obscuring fence to obstruct the storage area from view. The fence shall be of rnaterial and design that will not de tr act fr om adj ac ent r e s idenc e s. C. All industrial wastes shall be disposed of in a manner consistent with statutes and r equirements of CDP HE. D. The volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. E. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the propertY. F. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal and reflective painting of storage tanlcs, or other legal requirements for safety or air pollution control measures shall be exemptedfrom this provision. Staff Comment: lndustrial uses are permitted within other zoning dishicts in Garfield County and defined in the ULUR, Article 16 Definitions. Some of those uses are a use-by-right and others require administrative or impact review. All industrial uses must comply with the requirements of Section 7-810 noted above. The proposed site operations discussed in the application narrative demonstrates that the use will meet the applicable industrial standards with minimal impact to the sgrrounding properties. A proposed fence discussed in the application does not adequately demonstrate that it will be a "site-obscuring" fence and implies that it will merely be a chain link design. While a condition for a site-obscuring fence is not required due to the stated code standard which would be implemented during site construction and permitting, a condition has been added to require a "site- obscuring" fence to insure final site development in confortnance with the ULUR requirement. A. Storage of Hazardous Materials. Flammable or explosive solids or gases shall be stored according to the manufacturer's standards and shall comply with the national, state and local fire codes and written recommendations ftom the appropriate local fire protection district. 74 B. Materials and wastes contained on Property. No materials or wastes shall be deposited on the property in a form or manner that may be transferred off the property by any reasonablyforeseeable natural cause orforce. C. Outdoor Storage Enclosed or Concealed. Outdoor storage facilities shall be enclosed or have adequate provisions to conceal these facilities from adiacent propertY. D. [Jse and Storage of Heavy Equipment' 1. Loading and unloading activity shall be conducted on private property and not on any public right-of-way' 2. Repair and maintenance activity requiring use of equipment that will generatenoise,odorsorglarebeyondthepropertyboundarieswillbe conducted within a building, or outdoors during the hours of 8am to 6pm MondaY through FridaY. 3. storage area is not located any closer than j00 ft from an existing residential dwelling. 4. Equipment storage wilt be enclosed in area with sneening at least 8 feet in height and obscuredfrom view at the same elevation or lower' j. A minimum lot size of 5 acres that are not a platted residential subdivision shall be required- 6. The storage area for uses not associated with natural resources shall not ' exceed ten (10) acres in size' Staff comment: The proposed site operations discussed in the application narrative demonstrates that the use will meet the applicable storage standards and, combined with the ULUR standards for industrial uses discussed above, will have minimal impact to the surrounding properties. Storage standards do not state a "site- obscuring" fence requirement but use the terms "enclosed or concealed" and ,.screening at least 8 feet in height". The industrial standard for site-obscuring fence addresses the storage standard for screening. The applicant may also propose other methods of screening such of a berm/fence combination which could be reviewed by staffduring site development' IV. REFFERAL AGENCY COMMENTS comments have been received from the following agencies / community groups and are integrated throughout this memorandum as applicable' Garlield County Road and Bridge Department: Garfield County Road and Bridge offered comments and suggested conditions which have been added to the recommended Conditions of Approval. The recommended conditions include a paved or concrete drive apron; a stop sign at the driveway entrance to CR 215; fut*. contributions to roadway improvements to CR 215; and permits for Oversize/Overweight vehicles and the applicant shall abide by Garfield County standards and regulations. Garfield County Vegetation Management: Specific comments received on February lg, 2.010 from Garfield County Vegetation Management for weed management and re-vegetation of disfurbed area. Conditions have been added to accommodate the noted items. Garfield County Engineer (Buildine and Planning): Comments from the Development Engineer note that revegetation will be required by the Vegetation Management Department. Garfield Countv Public Health: The Environmental Health section of the Garf,reld County Pubtic Health Department identified air quality issues for this portion of Garfield County citing high particulate matter due to mud tracked onto County roadways by heavy vehicles. Mitigation measures recommended by the Environmental Health Manager are recorlmended as conditions of approval. A construction permit from the CDPFTE is required for site disturbances of greater than five acrss. 5. Colorado Department of Transportation: No requirements for the Colorado Department of TransPortation. V. SUGGESTED FINDINGS Should the BOCC decide to approve the request of the Puckett Land Company for the Storage of Supplies, Machinery, Equifiment, or Products, through this Limited Impact Review, Staffsuggests the BoCC make the following findings: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. Z. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for the Storage of Supplies, Machinery, Equipment, or Products is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 1. 2. aJ. 4. 76 4. That the application, if all conditions are met, can be in conformance with the applicable Sictions of the Garfield County Unified Land Use Resolution of 2008 as amended. VI. STAFF RECOMMENDATION The Appticant has applied for a Land Use Change Permit for Storage of Supplies, Machinery, Equipment, or Products. As conditioned, the request addresses the ULUR requirements for approving a Limited Impact Review and issuing a permit for this specific use. Staff recommends the Board of County Commissionels approve the request from the puckett Land Company for a Land Use Change Permit for the Storage of supplies, Machinery, Equipment, or Products on a properry owned by the Puckett Land company located in the Nw 1i4 of the Nw 1/4 quarter of Section 28, Township 6 South, Range 96 West, in Garfield county with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing beiore the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the facility be done in accordance with all applicable Federal, State, and iocal regulations goveming the operation of this type of facilify' 3. Vibration generated: the facility shall be so operated that the ground vibration inherently Ld recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. 4. Emissions of smoke and particulate matter: the facility, generator, pulrlp, or related driveway and parking area shall be so operated so as to comply wittr at-tlgderal' State and County ui, qrulity laws, regulations and standards, including CDPHE APCC Regulation i for dust. 5. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of ua3oi11irg property or which constitutes a public nuisance orhazatd. 6. A1l equipment and structures associated with this permit shall be painted with non- refleciive paint in neutral colors to reduce glare and mitigate any visual impacts' 7 . The applicant shall install a site-obscuring fence on the site boundaries. g. Volume of sound generated shall comply with the standa.rds set forth in the Colorado Revised Statutes. g. All lighting associated with the properly shall be directed inward and downward towards the interior of the property. 10. The Applicant shall adhere to the Stormwater Management Controls and the required p.o."d,rr., detailed in the Materials Handling and Spitl Prevention detailed in Section 3 of the Stormwater Management Plan and attached hereto as Attachment L 77 1 1. The Applicant shall adhere to the mitigation recommendations identified in the Wildlife and Sensitive Area Report as follows: a. Reclamation areas shall include Wyoming and Big Basin Sagebrush in the re- vegetation seed mix. Local sagebrush seed should be used. b. The applicant shall control noxious and invasive weeds to maintain native vegetation. c. No development activity should occur between January 1 and March 31 to meet I CDOW and COGCC standards for the protection of Mule Deer critical range in J the project area. d. Brush clearing activities shall occur outside of the migratory bird nesting seasonJ D" [*- which is between May 1 and July 31. protect Wild Turkey production. f. Construction activities shall be scheduled so that they do not i breeding, nesting, and brood rearing activities for Raptors which in Table 4 fftage 13) of the Wildlife and Sensitive Areas Report interfere with are identified and attached hereto asAttachment 2. g. Soil erosion control within the project area shall be implemented. 12. The following recommendations and requests of the County Vegetation Management Department shall become conditions of approval: ), ^,n a H#ifiT::T:;i,"*H:;#ilJ"iJ::HLtXil?#avvor ^ : -' / . "ff road equipment and transport) This would include backhoes,(41/</e.Vo I trackhoes, dozerc,blades, rollers, lowboys, and equipment trailers. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds. b. The applicant has provided an acceptable menu of seed mixes. c. All seed tags must be saved and made available to the Vegetation Management Department for verifi cation The applicant has quantified the surface ateato be disturbed as 5.0 acres on private land. Staff recommends a security of $20,000 based on the long-term rate of$4000/acre x 5.0 acres. The security shall be hetd 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 "rtublith-tnt, to request an inspection for security release consideration' The Reclamation Siandards 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. The following recommendations and requests of the Garfield County Road and Bridge Department shall become conditions of approval: A. A driveway access permit is required for this application with conditions specific to the driveway access location' 1. The conditions wolld include a paved or concrete apron the width of the driveway access, 10 feet in length from the edge of pavement on cr' 215 and a minimum dePth of 4-inches' 2. A stop sign shall be required at the entrance to Cr. 215: The sign and instailation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices)' B. Petroleum Development Company may be asked in the future to contribute to road improvements on County Road 215' C. All vehicles hauling equipment and materials for this project, including items to be stored stralt aUide Uy Carfreta County's oversize/overweight system. A11 vehicles requiring overiize/overweight permits shall apply for them at Garfield County Road and Bridge Department' D. All vehicles applying for oversize/overweight permits shall have a letter or e- mail from p"i.or."- Development Company stating said vehicles can obtain oversize/overweight permits under their road bond on file with Garfield CountY- 14. The Applicant shall adhere to the following Garfield county Pubiic Health conditions: a. The applicant shall compty with the Fugitive Dust requirements for disturbances of greater than 5 acres in Garfield County and obtain a constructiol p"ririt from CDPHE APCD in accordance with Regulation 1 of the Air Pollution Control Commission. In addition, fugitive dust from haul roads and material storage and handling operations are also covered under the above noted rules. b. Access roads and disturbed areas adjacent to CR 215 shail provide adequate surface stabilization and long term maintenance to reduce fugitive dust and particulate matter. c. A dust mitigation plan shall be required as a condition of approval' d. Puckett ta,fr Co*pany shall adopt, implement, and enforce a no idling policy for vehicles on this site as part of their air quality protection efforts' 19 Qtt""h 14 c'* / / 3 STORMWATERMANAGEMENTCONTROLS 3. a SWMP Administrator The swMp Administrator for the petroleum Development corporation Lay Down Yard is: Eric R- Stearns P.O. Box 26120 Genesis BIvd' BridgePort, WV 26330 Phone: 3041842-6256 3.b ldentification of Potential Pollutant Sources 1) all disturbed and stored soils will be evaluated for erosion potential and potentialto contribute to stormwater pollution and BMps to prevent ,*h o."rtt nce will be implemlnted .91 a case by case basis' 2) vehicre tracking of sediments wiir be "urrrui"J io,. .ro.ion and porution potential. BMPs will be chosen atcorOing to the fotentiats on a case by case basis' 3) management of cont'Jminrt*A soils will b" J;"; by containment immediately and managing them at an ,'pptoptiit" facility' , .,,..-r-: ^^.r iranri riaA tarnntcntial for oc 4) toading and unroading operatio.nswi, be evaruated and identified for potentiar for porlution' The following iJtn" pro".*dure for #rii"g witn tiquia loading and unloading procedures; 5) outdoor storage ,"tiuiti"". wiil be evrrurted"fo. pot"ntirr to-poilute siormwater runoff. Appropriate BMPs wi, be imprementeo on-, """" by case uasis contrin*"nt ano [revention of contact with stormwater will be achieved by keeping materials with poteniialfor pollution covered or enclosed in containers or Biilffi;nd equipment maintenang: ',n9, f':1i.1,9 t1","i111","^J^::T:""-'l':,:i""'.iTl:",:$ureahat no fruids or materiars are spiiled. rf they are spiiled, ir-,"v w[ ;e]immediatery contained and disposed of at an ;i:ffi,t',::XittffiJlX",l'.ll'u,"," nenerating processes wlr be evatuated and resulated bv the application or wate-r to eliminate possible wind erosion or transport B) routine maintenance activities involving t"rtifi.!rr, pesticides, detergents' fuels' solvents' & oils will be very infrequent. When applying pesticides oiherUicidbs, wind 'na-moi"ture conditions will be evaluated and if either are found to be present and courd ;;;;try i""d'to contamination, such procedures will be delayed and attempted again when conditions are J"n-Jr"ir" to apprication without erevated poilution possibilities' 9) on-site waste management practices (;i; Pii"t, liOuiO wasfes, Jumpsters' etc')'will be enacted on all sites. Trash receptacre! wi, be located "r;r';i'*" sites. Good housekeeping principles will be enacted throughout the entire permitted area. oisposri*itt n* by contractors with appiopriate handling equipment' 10) concrete trucl</equipment washing, in"rrJing it e concrete truck chute and associated fixtures and equipment will be infiequent within the pur*ittui area' These procedures are covered under the permit' lf washing of concrete trucks and equipm"nii;k;; place, the wat"i witt be contained in an earthen basin' The locatioriwill be noted on site specific maps' -^^r..,i+k:h +r-,o narmirrr 11) dedicateu aspnJt anJ concrete uatch ptants will not be present within the permitted area' 12) non_industriar waste sources such as fioi[", trash and portabre toilets wifl be contained in receptacles designed for the specific purpose.. These *lf f O" aitposea oi uy contractors with specially desig ned equipment ano oispose oiaccording to local requirements at appropriate facilities' 13) other areas or pio.uJrru, wher! potential .pill' tut' ot"" *ill be evaluated on a case by case basis and BMp,s will be i*pi"*"nt"d according to the specific potentialfor pollution' 3.c BMPs for Stormwater Pollution Preventlon 3.c.1 Structural Practices The description and apprication practices. of structurar practices avairabre and/or impremented can be found in the BMp manual. i[! ir.rtirn of structural BMPs will be found in the site speciflc maps' 3.c.2 Non-structural Practices The description and apprication practices of non-structurar BMps avairabre and/or implemented will be found in the BMp manuar. irrl tocation of non-stiuciurat practices wiil be found in the site specific maps' 3.c.3 Phased BMP installation preconstruction BMps wi* incrude a down gradient perimeter BIrIp (wattre),ryilh a srash pile inside' A diversion trench wil b; l..ia" the srash piri "[rii"b diversion to diiect runoff to the designated point for control. BMps for the actuar construction phase wiil consist of grading and stabirization through surface roughening' The pad surface wirr te an improved unp"u"o "urfacelo reouce tiact<ing and sediment migration' sediment traps wi, be tocated on tu thiee down gr"o]unl ;oiners to treat runoff water prior to teaving the site' A curvert wi, be pt"ceo xinl ,.."r= poinl ti["'p"d. A;r; ;n.diversion trench wilr be tocated on the up- gradient side of the pad to reduce tne amount oi runoff from the site. where appropriate, check dams will be praced in diversion tr"n.i u. to reduce r"r#iil^J =eaimg.t migration. If necessary, armored rundowns will be utirized to transport runoff from the top or iop"" to the base 6f .rop"r. A pad perimeter BMp consisting oit L*ttn witl be implemented at the top of fill slopes' rnterim recramation BMps wiil consist of any of the foilowing, seeding and straw crimping, hydromulching' driil seeding, seeding with branketing. Thesl *iil'u" J"t"i*in"a by tfie actuar sropes present once the construction has been comPleted' Final reclamation BMps will consist oI recontouring the site to as close to original slopes' seeding and revegetation ro aloit iiriiiurtion ot origi#i'i"rriiv urr tare ptace, prior to bling rereased from the CDPHE regulatory comPliance' 3.c.4 Materials Handling and Spill Prevention presentltl":::.1:1'f::lt:,ll'llf ?,;t"",*li;i3i?'rt*l?il:i:::ff:"#:Li,:iii::'"YJi"l [?"i",!'fffil e,."un" and dieser t "i *irr be-stored in portabte storage tanks with secondary containment. Lubricant, hvorJrc,-ano misceraneous oirs and sorvents wi, be stored in 55- gallon or smaller containers' porutants from petroreum products used during construction activities adhere easily to soit particles and other surfaces, [n case of a spil or r"ar, sorr"'iontaminateo with peiroreum products.will be contained and removed to a proper disposat site. propos";*ri erosion ,nu ."i*"nt conirot pra.ctices will aid in retention of spi*s or reaks. ur" "ir..ondary containment and drip prn, *iii ruouce the rikerihood of spills or leaks contacting the ground. Proposed maintenance and safe storage practices.will reduce the chance of petroleum products "rnir*lnrting the road site' Oily wastes 'u"h "' crankcase oil' cans' rags' and paper containing oils will be placed in proper r"""Jir.j"= "'nJ Ji.por"d of or recycled' An additional source of oetroreum contamination is leaks rro* "qui[riil;;i vehicles. nortinu iaily inspections will be conducted ffi;ililr"rtt ,rl i"itiate correciive actions' if needed' Thefollowingguidelinesforstoringandmanagingpetroleumproductswillbeused: All product containers will be clearly labeled- Drums will be kept off the ground within secondary containment and stored under cover if needed' Fueltankswillbestoredwitninsecondarycontainment. Lids of drummed materials will be securely fastened' Emergency spitt responJe pio"uorr". wirr-0" ,v"iilble on-site. Persons trained in handling spills will 3;i;1l3l1'"tJ1it;,",rment materiars (absorbent, shovers,.etc.) w,r beeasirv accessible. spills wi, be immediately cteaned up and "ontu.n"iiJiJJ'materiats will be properly stored on site untilthey ;;;;; ;;p;;;a or in accordance with applicable regulations' Storage areas and .ontrin.r, will be ,"gurrtly ;onitired for lea.ks and repaired or replaced as necessary. contractois ,no suncontrr"t"r" .i'"rii [" i"rinaud about proper storage, handling and transferring of petroteulri;;#];[;; oirl"r na=utoous materials during safety rneetings' o a a c a pDC's Hearth and Environmentar Reguratory Advisor (HES)wiil coordinate agencies reporting and statements. spills or releases of any size that impact or threaten to impact any waters of the state' residence or occupied structure, tiveltocf or public Uyway, snatl be verbally reported to the CDPHE' lf the spill may reach waters of the state (whicl"r includes ruJr". water, ground water and dry gullies or storm sewers reading to surface water), it must arso be .+ort*o ir*ed-iatery to the cororadobepartment of Public Health and Environment (CDPHE) al 1'877 -518-5608' Spills or releases of more than 25 gallons of refined petroleum crude oil products such as gasoline' diesel fuel, oil, or derivatives of mineral, alnimal "i ulg"trbrl oit "nrtl be reported to the state of colorado Division oi ciil "no pubtic safety at (303) 318-8547 within 24 hours. A hazardous substance release in any "mount *ni"h enters or threatens to enter waters of the state shall be ieported to cotoraul o"f".trn"nt oi puui" Health & Environment (CDPHE)' All spills, Ieaks, or ou"rflo*t tnat resutt in the discharge of polluiants will be documented' Other Chemicals Products Manaqeryent Additional materials will be used and stored on site for use in csnstruction' These materials will be stored appropriately and managea to minimize spills and leaks' storage areas will be regularly inspected and any minor'spitls or leaks will be cleaned up immediately' ffiillbemaintainedwithgoodtrouseI""ll.9i:,1y]l1::],'p"ctedonaregularbasis foirpiffr,iuaks, and potentiat of materials commingling with stormwater runoff' 3.c.5 Dedicated Concrete or Asphalt Batch Plants There will be no dedicated concrete or Asphalt batch plants within the permitted area' This swMP will be amended if this changes in the future' 3.c.6 Vehicle Tracking Control Vehicle tracking control will be minimized by the construotion,of roads and travel areas by good engineering principles. Roads will ;; ;;;p;rrv graueo to controt runoff and erosion. Road surfaces will be upgraded by the addition of gravei oi.rin"r"Leing placed on the roadway surface' BMPs will be installed along roadways to control runoff and sediment' 3.c.7 Waste Management and Disposal including Concrete Washout Waste Manaqernent and Disposal . Otfier wastes may include the following' o Sagebruslr, shrubs and trees from clearing operaiions oTrashanddebrisfromconstructionmaterialsandworkerso Sanitary sewage. Each of these wastes wilt be rnanaged so as to not contribute to stormwater pollution' construction trash and debris will be collected in container, ,no hrrt"d off-site for disposal in suitabte landfills' sanitary waste will be containerized in portable toilets *;'t'#;i;;age tanks w_ith waste materials regularly pumped and transported off-site for disposal at approveJ ir.if iti"tlfnere will be no Concrete washout on the site' 3.c.8 Groundwater and Stormwater Dewaterlng Stormwater runoff will be separated from contamination and dewatering by diversion.and grading' The two will not be allowed to come in contact witn Lacrr other. This is not anticipaied at this tinre' tf in the future dewatering of any xino t"r,"" place, the swMP will be amended to reflect the changes' ,4t*.'1"'''$ a protection of mule deer critical winter range in the project area- The cDow at this time does not have timing restncilons for elk winter "on]"*r"rio, *,,; however a consultation with the CDOW is recommended for the protecti"' ""'iti'" wildlife habitat as defined in the COGCC rules. 1.2.2T{ligratory Birds In order to comply with the Migratory Bird rreaty Act by showing a good faith effort to reduce potential impacts on nesting biras,-r-f^11Urush clearing i' n"cessiry' rIt should take place outside of the nesting seasons. Nesting ,"uron i, !"n*"ru,y "on'ria"red between May 1 and July 31 in this area for most specie;: J""" ffi1uly ls f#;;,"":q;T" most incubation and brood rearing takes place. if ururh clearing "^";;;;;ri; ,1M.uY 1 , most affected birds will relocate to alternate nesting ,ir.r. et", *ia-t"-r",llrri:;; fledging has occurred and brush clearing impacts would be minimized' often,youngbirdshavefledgedbyMay'l5.BecausesuitablePinyonJayhabitatisnotpresent at the project site, the pre-May 1 vegetation clearing recommendation is acceptable and adequate to avoid destructioniiuov pot*tiaily active migratory bird nests' 7-2.3 RaPtors Activities associated with the proposed laydown- ya-rd may impact raptor populations that nest within the riparian ilil "i"rg iuru"fr# Cr""t . ln ordlr to reduce the potential affects to nesting raptors, i,;li;; i*poiantthat,t-," p*:*t propglent schedule construction activities such that they do noiinterfeie with br"eiriJ ,lt itu uid brood rearing activities' wwE's recommend"a .upto. r"r, ,i," avoidance sialniuas 6' the species observed in this survey are summarized below (Table 4) (Craig 200;KG ioot, ring"ry 1998)- If the project cannot be completed prior to tire next nesting ,t"';:;i;"tip"ti" i'au-itaiafong Parachute Creek should be re-surveyed during the raptor breeding *d n"rtirg season, to searctfor and identify occupied raptor r,.rt, n"urtti;;;;*r ff un, #dr;; f*ni b"havi,g in amanner consistentwith nesting, "r"ry "ffo.t ;rr"rra be made ,o "ppry ,rr" timing limitation and buffer distance stipulations' Table 4.andbufferreco@ tor nests frii-eat Ho-.d O*ls Kestrels are ffiuriy x.tpactivirytoa 1 March - 15 Jul 0.33 mile Red-taited Hawk 1 April - i! 4 025 mile + 4.ngE tffimb"r- 15 J 0.50 mile 1 April - 15 1 March - 15 J WestWater Engineering Page 13 of15 October 2009 s"as@WSpecies Garfield Couruty To: Tom Veljic, Senior Planner From: John Niewoehner, Project Engineer Date: December 21,2009 RE: Petroleum Development Corp, Laydown Yard, LIPA-12-09-6293 Iltrrllltlltlllrllltrrtarltlttlttlttrtrllltttttaltrllllrlllllrlrlrlltrltl I have reviewed the above mentioned application with regards to: (1) the completeness of the application with regard to engineering submittal requirements and (2) the adequacy of the application in addressing technical issues. The following are my findings: 1. Completeness: Adequate information has been provided to allow an engineering review. 2. Gradino, Drainage and Erosion Control: No issues 3. Traffic: No issues 4. Countv Road Access Permit: Applicant needs to obtain a driveway access permit from the County Road and Bridge Department. 5. Shortterm Reveqetation and Weed Manaqement: County vegetation Manager Steve Anthony should comment on the application. Unless, Steve thinks otherurrrise, it is my opinion that we do not need to collect due to the minimal area of the cut and fill slopes. However, I recommend that a condition of approval should be the requirement that the applicant re-vegetate all cut and fill slopes created by the laydown yard. Tom V From: Sent: To: Subject: Roussin, Daniel [Daniel. Roussin@DOT.STATE.CO' US] Wednesday, February 03, 2010 2:43 PM Tom Veljic RE: Referralto CDOT Tom - There wasn't a comment sheet in the package' I have reviewed the Limited lmpact Review for Petroleum this has a minor impact to the highway system; therefore, Thanks again for keeping CDOT informed. Dan Roussin Region 3 Traffic Development Corporation submittal. After review, no access permit would be required for this project' From : Tom Veljic [mailto :tveljic@ ga rfield-cou nty' com] Sent: Wednesday, February 03, 2010 2:31 PM To: Roussin, Daniel Subject: FW: Referralto CDOT Dan That was me. The referral form should have my name on it' Tom Veliic From: KathY A. EastleY Sent: Wednesday, February 03, 2010 2:29 Pl4 To: Fred Jarman; Cathi Edinger; Tom Veljic; Molly Orkild-Larson Subject: Referral to CDOT Dan Roussin emailed me that he received a referral packet related to a Limited lmpact Review for Petroleum Developmentcorporation. Hedoesnotknowwhotoreturncommentsto,soifyouaretheplannerpleaseemail Dan and let him know. Daniel.Roussin@DOT.STATE'CO'US Thank you. Kothy EostleY, ATCP Senior Plqnner Garfield County Building & Plonning 108 8th Street, #401 Glenwood SPrings, CO 8L6OL Phone: 970-945-8212 ext. 1580 Fqx: 970'384-3470 keost ley@gorf i eld-county.com # r,.^r. consider tlee en'uonrneot before ptinii,g this e-*rail. GARFIELD COLINTY Building & Planning DePartment Review Agency Form Date Sent: Unknown Comments Due: February 19,2010 Name of application: Puckett Land Companyt: Garfield Corurty requests your comment in review of this project. Please notify the pianning Department in the event you are unable to respond by the deadline. This fonn may be usedfor your response, or you may atlachyour own additional sheets as necessary. written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Thomas Veljic 109 8d'Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-3 84-3470 Phone: 970-945'8212 General Comments: Name of review agency: Garfield County Road and Bridge Department Date -February 3.2010By:Jake B. Mall Revised 3l3O/00 A driliwa], access permit will be issued for this application with conditions specific to: Control Devices). Th" udded traffic volume would not have a major impact on the total traffrc volume on: Cr. 215. Petrolerun Development Compaxv may be asked in the future to contribute to: @d Cor*t)r's ov"rsizrlov"rw"ight system.All v"hicles requiring - - oversize/orrerweight permits shall apply for them at Garfield Countv Road and Brid9e- Department. All vehicles appl)ring for oversize/overweight permits shall have a lefiel or- e-ilail from Petroleum Development Company statins said vehicles can obtain oversiie/overweight permits under their road bond on file with Garfield County. -- *idth of,tlre drivewav access- 10 f"et in length from the "dge of pav"ment on Cr. 215 md a minimurn depth of 4-inches. A stop sign shail be required at the entrance to Cr. 2 1 5. - .- Th" ,igr, *rd irstalluti* shull b" uri.quir.d in th" MUTCD (Mun al o, Unifotrt Traffi' Tom Veliic From: Sent: To: Subject: Attachments: Jim Rada Thursday, February 11,2010 3:50 PM Tom Veljic LIPA 6239 - PDC LaYdown Yard Jirn naOa (jrada@garfield-county.com).vcf; imageOO1'gif lll.D.2.a. RoadwaYs lll.D.2.a.(i). UnPaved lll.D.2.a.(i)'(A).Applicabiliiy_AttainmentandNon-attainmentAreas lll.D.2.a.(i).(B). GeneralRequirement '. Any owner or operator responsible for construction or maintenance 9-1:"y (existing or ""*) ;;;:jr;d ffi;;y;rii;h h;; ""ni"l" traffic exceedins 200 vehicles per dav in attainiiJnt- arers oi r sb ,"niCies periay in non-attainment areas (averaged over any "on=""uiir" i-oiy period) from wi-rich tugltive particulate emissions will be emitted shall n" ."quir"o t; ;; rtt "rr1uotu, fracticaimethods which are technologically feasible and ""onJri"riry reasonable in order to minimize emissions resulting from the use of such ,orO*ryln jccordance with the requirements of Section lll.D. of this regulation' ll l. D.2. a.(i).(C). Applicable Emission Limitation Guideline The nuisance emission limitation guideline shall apply to unpaved roadways- Abatemeni. ,ro "b;iili p-rrnj'iro*itt.a ior ,'iprr"a roaowayi'snall be evaluated for compliance with the requirements of Section lll'D' of this regulation' lll.D.2.a.(i).(D). Control Measures and Operating Procedures control measures or operations procedures to be employed may include but are not necessarily limited to, *at"iing, lhemicat stabilization, road carpeting, paving, suggested speed restiictions and other ,ri"tnoor or techniques approved by the division' lll.D.2.a.(i).(E). lf the division receives a complaint that any new or existing unpaved roadway is creating a nuisance, it may require persons owning or operating or m.aintaining such ,-oaawa'ys to supply vehicl; traific count information by any reasonable available means tor tnelurpose'of determining if they have sufficient traffic to subject them to the requirements of this Section lll'D' lll.D.2.b. Construction Activities lll.D.2.b.(i)'Applicability-AttainmentandNon-attainmentAreas 1: Tom, I offer the following comments on the referenced project: 7. Fugitive Dust: Disturbance of greater than 5 acres in Garfield county requires a construction permit from CDpHE ApcD in accordance with Regulation 1of the Air Pollution control commission' ln addition, fugitive dust from haul roads and material storage and handling operations are also covered underthese rules as cited below' From Reg 1, APCC: hr,o, 'r.,**..dohe.state.co.us/regulations irrees l00l03aqccpartmattersmokecarbonmonoxide'0df lll.D.2.b.(ii) /neralRequirement Any owner or operator engaged in clearing or leveling of land or owner.or operator of land that hai'Oaen CteareO.oi EreatErr,th'an,five'acie-S in,attainment areas or one (1) acre in non-attainment areas from which fugitive particulate emissions will be emitted shall be required to use all available and practiJal methods which are technologically feasible and economically reasonable in order to minimize such emissions in accordance witn tfre requirements of Section lll.D of this regulation. lll.D.2.b.(iii). Applicable Emission Limitation Guideline Both the 20% opacily and the no off-property transport emission limitation guidelines shall apply t" "onitr*tion.ictivitigst; eicept inat witi.i reipeCt io sources or activities associated with ;;;ri;;ti;; ior wniCfr inere are separate requirements set forth in this regulation, the emission limitation guidelines there specified as applicable to such sources and activities shall apply. Abatement and conirol plans submitted for construction activities shall be evaluated for compliance with the requirements of section lll.D. of this regulation. [Cross Reference: Subsections e. and f. of Section lll.D.2. of this regulation'] lll.D.2.b.(iv). Control Measures and Operating Procedures Control measures or operational procedures to be employed may include, but are not necessarily limited to, planting vegetation cover, providing synthetic cover, watering, chemical stabilization, furrows, compacting, minimizing disturbed area in the winter, wind breaks and other methods or technlques approved by the division. lll.D.2.c. Storage and Handling of Materials lll.D'2.c.(i)'Applicability-AttainmentandNon-attainmentAreas lll.D.2.c.(ii). General Requirement Any owner or operator o1 any n9w or existing materials..storage and handling..operation from wl-iicli,lusiline,,partlcurate emlisions,wirl,nee"mitteq phall,b,e,1e-Quireo.!.i,lf-9_'1,?!:F1" ::t' ,etnao*nierr'aie lecrrnoioslCalV,!?asible lnd ec9nol1c'l|Y '"::T'|i1l :I::i,l?^mrnrFrze such emissions in accordance with the requirements of Sectioh lll.D. of tnls regulatlon' lll.D.2.c.(iii). Applicable Emission Limitation Guideline Both the.r20%" op.acity a4d.the no off-ploperty trahsport emission limitation guidelines ihall apply ISt"iag;-lrd fi311qii.g d"rrtion=, nbaiemlnt and control plans submitted for storage and handling operations sn"itt 'Ue evaluated for compliance with ihe requirements of Section lll'D' of this regulation. lll.D.2.c.(iv). Control Measures And Operating Procedures control measures or operational procedures to b-e employed may include, but are not necessarily limited to, the use of enclosures, covers, stabilization, compacting, watering, limitation of fines and other methods or techniques approved by the division' Z. ln addition, access roads and disturbed areas adjacent to CR 215 have a notorious history of contributing to particulate issues in the valley by trucks dragging mud onto CR 215 which when dried' is pulverized into fine particulate matter. Although mud tracking is generally supposed to be addressed in a stormwater management plan, I recommend that this issue be addressed as part of the development approval through requirement of surface stabilization (including long-term maintenance) and other appropriate methods so that this does not become an issue' 3. By the way, the stormwater permit in the packet references some lat/long coordinates but there is no wayfor meto know if this parcelis covered underthis permit. The same permit references 5 acres of disturbance on 999 acres. lsthere no other area of disturbance by PDC in this entire 999 acre parcel? Additionally, pDC will be required under the stormwater permit to have a stormwater management plan for this site. I recommend that this be required before construction begins as a condition of apProval. 4. The applicable standards report indicatesthatthis projectwill not impact air quality. This projectwill generatedustinanareaoftheCountythatisimpactedbyparticulates. Astrongdustmitigationplan should be required as a condition of approval. ln addition, a number of vehicles will visit this site on a daily basis. Diesel engines emit particulate matter and other pollutants. I recommend that PDC adopt and enforce a no idling policyforvehicles on this site as part of their air quality protection efforts' 5. The applicant indicates that there is no need for water to the site. What about sanitary facilities? There might be a need for an on-site toilet although I have no authority to require one' Thanks for the opportunity to comment on this application. Please do not hesitate to contact me with questions or if you need more information' J;, (.J", KLHS Environmental Health Manager Garfleld CountY Public Health 195 W l4u,Street iRifle, CO 81650 Phone 970-625-5200 x81 13 Cell 970-319-1579 Fax 970-625-8304 Email irada@qarfield-countv.com Web www.qarfield-county.com MEMORANDI]M To: Thomas Veljic From: Steve Anthony Re: Puckett/PDC Storage Yard LIPA 6239 Date: February t9,2010 Thanks for the opportunity to comment on this project. Intesated Vesetation and Weed Management . The applicant has provided a weed inventory and management plan. Compliance with the Colorido Noious Weed Act is cited in Section 5.01 of the Garfield County Weed Management Plan (Resolution #2002-9 4). . The project area is located next to a dense infestation ofJointed goatgrass, a County listed noxious weed. This infestation has increased drarnaticatly in the Parachute Creek valley in the last two years. portions of the adjacent pipeline are almost solid with goatgrass. Staffrecommends the following: Preventative Weed Control Measures During Construction There is a probability that equipment leaving this site will be contaminated with jointed goatgrass seeds. To prevent jtrther spriad of this noiious weed to other sites, staffstrongly recommends that the op)li"ont construct a washing station to power wash and remove all seeds, soil, and vegetative matter for all construction, heavy or off road equipment and transport. This would include backhoes, trackhoes, dozers, blades, rollers, lowboys, and equipment trailers' Equipment shall be considered cleanwhen avisual inspection does not disclose seeds, soil, vigitat*e matter, and other debris that could contain or hold seeds. Reclamation The applicant has provided an acceptable menu of seed mixes' A1l seed tags must be saved and made available to the Vegetation Management Department for verification. The applicant has quantified the surface area to be disturbed as 5.0 acres on private land. Staff recommends a security of $20,000 based on the long-term rate of $4000 lacte x 5.0 acres' The security shall be held by Garfield County until vegetation has been successfully reestablished according tl the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsii'ility of the applicant to contact the County, upon successful revegetation establishment, to iequest 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). Tom Veliic From: Sent: To: Cc: Subject: Attachments: Lorne P rescott Iprescott@oaconsulting. com] Monday, March 08, 2010 4:1 1 PM Tom Veljic Craig Richardson RE: Tom ? image001.png Tom, you are correct, there is a typo in the document, the Average Daily Trips during Operation should From: Craig Richardson [crichardson@oaconsulting'com] Sent: MondaY, March 08,2010 2:26PM To: Lorne Prescott Subject: Tom ? Heisjustfiringoffquestionsashetypesthereport. Hereistheonlyonelhavereceivedsofar. Belowisthetable submitted. ltlooksliketheymaybetransposedbutlcan'tgetthemathtoworkout' Letmeknowhowyouwantbeto proceed. Table 1: Trip Gene,ratio,n': Lavdowrl Yard F Phase Average Trips/Day Naxirnum Trips/D*y Fercent Trucks Total TripslPhese Phase Duraiion Construction ng--r A 659/o 120 21 daits Operation 17/r/t 13 o/o 125"120 20 years Reclamation \-y \l4/14Yo 74 14 days From : Tom Velj ic Ima ilto :Weljic@garfield-cou nty' com] Sent: Monday, March 08, 2010 1:41 PM To: Craig Richardson Subject: RE: got Your voicemail. ln your basic traffic analysis you have average tpd at 17 and maximum tpd at 12' ls that transposed? Tom Veljic MNest Water E n g i n eeri n g W consulting Engineers & scientist 2516 FORESIGHT CIRCLE, #'I GRAND JUNCTION, COLORADO 8-I5O5 (970)241-7076- FAx (970) 741-7097 March 11,2010 Name: Lorne Prescott Title: Olsson Associates Address: 826%Road, Grand Junction, CO 8i505 Wild Turkey Restriction - PDC Lay Down Yard Dear Lorne: We have reviewed the October 2009 WWE report "Wildlife and Sensitive Areas Report, Proposed PDC Laydown Yard, Garfield County to see whether it might be possible to construct theiaydown yard iuring tfre wila turkey produition area restriction. As noted in the report, the proposed layiown yurd-full, within a Coiorado Division of Wildlife (CDOW) mapped wild iu.k.y production area. The main concern is to not interfere with mating, nesting and any activities associated with the reproductive process. The primary areas used for these activities are found in the parachute Creek riparian ur"u-*d the openings and fields adjacent to the creek' This is where most of the reproductive activities occur and disturbance in these areas should be avoided between March 15 and August 15. Since the laydown yard is on the fringe of the mapped turkey production area and is approximat.ty O. t i *iles from the key production habitat it may be possible to construct the tuvao*" during the restriction period by using the following precautions: 1. Confine construction activities to the immediate site. If additional storage, parking, etc is needed outside of the immediate area it should extend to the north, south or east. No extension to the west (toward Parachute Creek) should occur' 2. No activity should occur within the Parachute Creek riparian area or areas immediately adjacent to the riparian zone. 3.ioud noise (greater than 85 db) from machinery and equipment should be avoided at the laydown site unlil two hours aftei sunrise to minimize interference with turkey mating displays' Turkey mating displays are both visual and sound dependent and keeping noise below the 85 db threshold will reduce potential interference with turkey mating displays and reduce impacts that could negatively affect turkey reproduction' %/u Mi6hael w. Ktistr '"/ Principal Environmental Scientist Sincerely, Mi6hael W. Klis ADDENDUM WILDLIFE AND SENSITIYE AREAS REPORT PROPOSED PDC LAYDOWN YARD-October 2009 WESTWATER ENGINEERING March 2010 1.0 WILD TURKY PRODUCTION AREA TIMNG RESTRICTION The project area is located within mapped overall rangqwinter range, and production area for Merriam's Wild Turkey,Meleagris gallopavo merriami (CDOW 2009a). Turkeys are one of the most commonly observed wildlife species in the Parachute Creek area. Turkeys have been observed in the agricultural areas and the riparian areas along Parachute Creek. The turkey mating and brood rearing period in Colorado takes place between March 15 and August 15. Construction in turkey production areas during this time has the potential to disturb or disrupt reproduction activities directly or indirectly. The primary concern is to avoid interfering with turkey courtship, mating, nesting, or brood rearing. The proposed laydown yard site is near the edge of the mapped turkey production area. The habitat on the site is marginal for turkey use because of several factors including the vegetation component, prior disturbance and use of the site, and the proximity to high volume traffic on Garfield County Road 215. This is evidenced by the lack of turkey spoor (droppings, feathers, or tracks) observed during surveys on the proposed site. Turkey courtship displays or nesting would not be expected on the proposed site. It is WestWater Engineering's opinion that construction on the proposed site would not interfere with turkey reproduction or brood rearing. This opinion is based on the lack of evidence of turkeys using the site, the abundance of suitable and available habitat in the area, and the degree of tolerance to high levels of development activities and human disturbance in other areas along Parachute Creek. The site is located approximately 0.15 miles from key production habitat. Application of the following protective measures would minimize potential impacts: 1. Confine construction activities to the immediate site. If additional storage, parking, etc is needed outside the immediate area it should be extend to the north, south, or east. No extension toward Parachute Creek (to the west) should occur. 2. No activity should occur within riparian areas or agricultural areas adjacent to the riparian zone. 3. Noise greater than 85 decibels should be avoided at the site until two hours after sunrise to minimize interference with turkey courtship displays, as these displays are partially sound dependent. Keeping noise levels below the 85 db threshold will reduce potential interference with turkey mating displays and reduce impacts that could negatively affect turkey reproductive activities. WestWater Engineering Page 1 of I March 2010 ffi.-, i.\' ;r. !\.r.:aa I I ;+;ilh- : rt1s. l.::,4 j.';:. i :z-.ii---;,Tr.:iEA-E=.; -,@1 ,'-' 1 '!,i ' ! t i .. r.1., rr-".....-.- IA. t 1.'--,!: -v,'.'-l.ii, a- , biEe\Sr: Cr"'rl ' r' *ii.:...{ _rl-. ' I ' "r 1:- E:j: 'i_ ..ii').Il?:lii... ..ti .,i,rt. .- : ' - ir r, i,t ii.1.;i 5./,;i};;+1rslz1:,i l, ,.1 i I . .i.tr 1,1i.,,.,,i :' - -i .' ..1 I . L- " ., 1.' U.L.-.1 , r i, / r., .---jj: r.., , i ,t. tu+:_i_ . Y :,lllj.;'---r---ri- --.-:'.,..,_.i.. |. .... i' , i'-. r-'. I r-l -,' ': -l :{ .-j:-j-L.at!rt._ -. ) ._.<J _,.: -/ F. "::{-i,;-:d'i-i 1!:,::-:.>a'a,i-ll l., , | :-i :l :>r'i iT lr.':_j-,t --+-:i-t+rintr\vr .:j;{:;ii'.,;l!E.ffi,:1il'if {'iii)tr::,!fj!= .i1i;{':=$Firr:1.''tI'+11t;i:i1,qi.;,'tr.;1 fri*Bffi -/ l1;.4- . . -:r_:f.i!':- ':.i{ I;i.,,1\t. -.' )- -' -t l'it*fl.il +i#J r=-jili=,l# iill* -r',;Jr, ' - il''# .ri:Its i r;ttifi ,ilt"l; x.iXB ii':l:'-- .+a . _-i:i .(ifili- l.i l*.1i1 [j+-i It:i [t:; i:t , lL :i+i,;1 :..::il,r::1 -:'li:i':'+I . li".i:,1 ,:.i;l',j-rX :ieifiil.lirnrri:{ ifij':Xr;l a; ;:!..:l!irl ,ii:it:iil,:..: (l.1i li#il f, - --- i-,1:;1L1i..,.i, : +,|;.;\:.i)*:a:. .ili#l i+-Habitat data provided by CDOW- 10 0.25 0.5 Miles Jsit"Lootion - County Roads ffi$ Tu*ey Proouction Area moJECr NO mgzm. Iffi "^^il'753'?i"13|o** GrsAnarrr I PETR_O^L_EUM D-E^VELOPMENT CO I SECT 28 & 29, T65, R96WoArE: utnorc | GARFTELD coUNTy, coLoRADo OLSSON "tr$"i'r,!iirlAssocrArE' Iii3i3333ii33 FIGURE 2 -Habitet data trovi&d by CDOnL 360 IFEET 180900 1 inch equals 200 feetI I Site Lo€tion : County Roads fl Turtey ProOuction Area t pRoJEcTNO: 0092001 TURKEY PRODUCTION AREA LAYDOIAAI YARD PETROLEUM DEVELOPMENT CO SECT 28 & 29, T63, R96W GARFIELD COUNTY, COLOMDO olssoN "K'^iJJ,f-E?11AssocrArEt ffi3i33331133 FIGURE ORAW\,| By: Leslie Booth cts AEtyst 2OATE: 31112010 Site Visit Project name: Date: Time: People present: Surrounding land use: Access: Location of well: Location of septic: Building Iocation: Lay of the land: General location of imProvements: Current use of the site: Code violations? View/privacy: Landscaping: Natural features: 0ther notable facts: 217118200008 213527300015 ratatt 217129100005 Puckett Land Company Area: 350 acres attr ttttirtaaraatataattttrlaial r. r r a r rA rrta t t ! r. r I r a r r r/\. 217128100018 217119400954 217133200019 - Williams Production RMT Company 217128'100018 - Enoana Oil & Gas (USA) lnc. 2'13527300015 - EnCana Oil & Gas (USA) lnc. 2171'18200008 - Chevron USA lnc. 217119400954 - Bureau of Land Management 1 inch equals 1,500 feet : county Roads ffi 217129100005 (Area: 3s0 acres)Parcels represented lie within 200'ofsubject parcel ADJACENT PARCEL MAP LAYDO\[/\I YARD PETROLEUM DEVELOPMENT CO GARFIELD COUNTY COLORADO O\oLssoN 826 21-12 ROAD GRANO JUNCTION, co 81s05 TEL 970.263.7800 FAX 970.263.7456ASSOCIATES tatrtrr I"IIII atrttrrarrr raall rattta r r r t ! a r-r r a l aaaaat atrta raaaa rltt att aaatrrtr raaarra