HomeMy WebLinkAbout13 Waiver RequestsO\LOLSSON
ASSOCIATES
Waiver Requests
OXY USA WTP LP
Pond 13 E/W
Centralized E&P Waste Management Facility
OA Project No. 013-0655
760 Horizon Drive, Suite 102 TEL 970.263.7800
Grand Junction, CO 81506
FAX 970.263.7456 www.olssonassociates.com
OLSSON
ASSOCIATES
OXY USA WTP LP
POND 13 CENTRALIZED E & P WASTE FACILITY
WAIVER REQUEST
Pursuant to Section 4-202 of the Garfield County Land Use and Development Code, OXY USA
WTP LP (Oxy) requests a waiver for the submittal requirement of a Landscape Plan,
Development Agreement, and Improvement Agreement for the Pond 13 Centralized E & P
Waste Facility.
Section 4-203.F. Landscape Plan
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
Response: The site is located in a rural and remote area of Garfield County. The
project is located in a large privately held property and is accessible from a system of
private roads and is not visited by the public.
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
Response: The project is in an area zoned Resource Lands -Plateau. The facility will be
used to provide produced water storage for natural gas operations in the area. There
are no residences within view of the project site. The site is not visited by the public.
3. The waiver does not compromise a proper and complete review; and
Response: A proper and complete review of the storage facility would not be
compromised by the absence of a landscape plan. Adjacent uses include natural gas
operations and are similar to the proposed use of the site.
4. The information is not material to describing the proposal or demonstrating compliance
with approval criteria.
Response: A landscape plan is not material to describing the purpose, operation and
maintenance of the facility or demonstrating compliance with applicable approval criteria.
Section 4-203.J. Development Agreement
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
Response: Oxy wishes to neither propose a phasing schedule or extend establishment
of vested property rights.
760 Horizon Dr., Suite 102 TEL 970.263.7800
Grand Junction, CO 81506
FAX 970.263.7456 www.olssonassociates.com
OXY USA WTP LP
Pond 13 E/W E&P Waste Management Facility
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
Response: The facility is largely constructed and only requires a modification to meet
the COGCC standards for a Centralized E & P Waste Management Facility.
3. The waiver does not compromise a proper and complete review; and
Response: The LIR request can be properly and completely reviewed without a
development agreement.
4. The information is not material to describing the proposal or demonstrating compliance
with approval criteria.
Response: A development agreement is not material to describing the purpose,
operation and maintenance of the facility or demonstrating compliance with applicable
approval criteria.
Section 4-203.K. Improvements Agreement
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
Response: No public improvements are being proposed that would warrant the creation
of an improvements agreement.
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
Response: As stated above no public improvements are being proposed with this
request.
3. The waiver does not compromise a proper and complete review; and
Response: The application can be properly and completely reviewed without an
improvements agreement.
4. The information is not material to describing the proposal or demonstrating compliance
with approval criteria.
Response: An improvements agreement is not material to describing the purpose,
operation and maintenance of the facility or demonstrating compliance with applicable
approval criteria.
Waiver Requests Page 2
OXY USA WTP LP
Pond 13 E/W E&P Waste Management Facility
Pursuant to Section 4-118 of the Garfield County Land Use and Development Code, Effective
July 15, 2013, Oxy requests a waiver for the standards for Access and Roadways for the Pond
13 E/W Centralized E&P Waste Management Facility.
Section 7-107 Access and Roadways
The roadway between the end of CR 213 and the Pond 13 facility most closely resembles a
Semi -Primitive roadway in Table 7-107 of the Garfield Land Use and Development Code based
on the estimated number of average daily trips (ADT) that occur on this road. This road does
not meet this standard due to a couple of sections that contain a 13 -percent grade where the
maximum standard is 12 -percent. Additionally the surface material consists of native material,
road base and gravel where the standard is a gravel surface only.
A waiver of standards request shall be considered based on the following criteria:
1. Achieves the intent of the subject standard to the same and better degree than the
subject standard:
Response: The intent of the roadway standard is to provide safe and adequate access
to a development. The Pond 13 Facility will be accessed from CR 213 and then by a
series of private roads. These private roads are built and maintained by Oxy for the use
of the natural gas industry and provides regular access to numerous facilities in the area.
Oxy has spent a considerable amount of effort and capital to assure that the access to
their facilities is safe and adequate. Oxy spent $2.5 million to maintain their private road
system in 2012 and $371,149.06 for maintenance on the mountain road section in 2012.
Oxy has spent over $1 million for maintenance on their private road system and
$219,093.19 for just the mountain road so far this year.
Oxy has significantly improved both the grade and radius on their road system in recent
years. Additionally, the road system is posted with signs to allow only authorized
personnel. During drilling and completion activities with higher traffic volumes, a security
station is manned to prohibit unauthorized personnel from accessing the road. A
security firm has been hired to use radar to enforce the speed limits that are posted on
the roads. Chain -up rules are implemented during inclement weather through the use of
a web site, call-in number, and a sign at the guard shack. Finally, the road can be
closed and operations rescheduled if the weather makes the roadway unsafe.
These measures achieve the intent of the subject standard to the same and better
degree than subject standards alone.
2. Imposes no greater impacts on adjacent properties than would occur through
compliance with the specific requirements of this Code.
Response: This private road system does not provide access to residential uses nor is it
used by the general public on a regular basis. Oxy does authorize government agencies
such as the BLM and CPW, in -holders, those with grazing leases and rights to use their
road system. Oxy has not received any complaints from these authorized parties
Waiver Requests Page 3
OXY USA WTP LP
Pond 13 E/W E&P Waste Management Facility
regarding the condition of the road. The waiver of this standard will not create greater
impacts on adjacent properties than would occur if it was in full compliance.
Waiver Requests Page 4