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HomeMy WebLinkAbout22 NTC ResponseO\OLSSON ASSOCIATES NTC Response 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 ONOLSSON ASSOCIATES October 22, 2013 Kathy Eastley Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 keastley@garfield-county.com Re: LIPA 7675 Oxy Pond 13 E&W — Water Impoundment/Material Handling Dear Kathy, Please find Oxy's response to your Not Technically Complete Letter of August 28, 2013. Included in this package are: 1. Response to questions. 2. Revised application with changes to the waiver requests. 3. Deed to the parcel which was omitted from the original application. 4. Revised Waiver Request. 5. Water Supply Plan including Nontributary Ground Water Analysis. 6. Wastewater Management Plan. 7. Oxy Mesa Operational Map (source of fluids and transportation pipelines). 8. Revised Project Description. 9. Revised Vicinity Map. 10. Revised Site Plan. 11. Signed Geohazard Report. 12. Letter from Oxy regarding Air Quality Permitting. Please let us know if you need any additional information. Be advised that Craig Richardson is no longer with Olsson. I will be representing Oxy for this and future land use permitting. Thank you for your consideration of this application. Sincerely, Jeff Hofman, AICP Associate Scientist Cc: Oxy File 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.olssonassociates.com OOLSSON ASSOCIATES OXY USA WTP LP Pond 13 E/W Waste Management Facility NTC Response In regard to Garfield County's Not Technically Complete Letter dated August 28, 2013, Oxy has prepared the following responses: 1. GarCo Comment: Is this application resulting from a violation? It does not appear that the existing ponds are located within the area of a COGCC-approved well pad, if not located on a pad the pond would be required to obtain County permitting prior to construction. Can you provide information on this issue? Response: There is no COGCC violation. This is a COGCC approved Form 15 site. This facility is located immediately adjacent to Oxy's 604-44 pad (COGCC Facility ID: 335849). 2. GarCo Comment: The request for waiver of submittal requirements is vastly different from a request of waiver of the standards contained in the LUDC. A waiver of submittal of the Landscape Plan does not negate the requirement to satisfy the standards of the code contained in 7-303. The Director of Community Development may waive submittal requirements however only the BOCC may waive compliance with minimum standards. If you are requesting a waiver from the standard please add that to the application form and provide adequate justification for the Board to make a decision on the waiver. Response: We are requesting a waiver of submittal for the Landscape Plan (please see the Waiver Requests section of the application). No landscaping is being proposed for this site as it is located in a rural and remote area of Garfield County. The site is within a large property and only accessible via a private road system. We have addressed the landscape standards on page 7 of the Standards Analysis. If a Landscape Plan waiver is not required, please disregard the request. 3. GarCo Comment: The request for waiver of submittal of a Water Supply Plan and the Wastewater Management and System Plan are not appropriate and therefore the waiver is not granted. Regardless of the fact that you provide no information in support of the request for waiver the information in a Water Supply Plan and Wastewater Treatment Plan is necessary to determine if the water and wastewater systems proposed for the site are sufficient to serve the project. These plans are required even if no potable water or ISDS is planned, as it is these reports that will provide evidence that bottled water / porta-potties are sufficient to serve the intermittent employees at the site. Therefore please provide information compliant with Sections 4-203 (M) and 4-203 (N) of the LUDC. Response: We have removed the indication for a waiver of the submittal requirement for a Water Supply Plan and the Wastewater Management and System Plan from the Application form. Please see the Water Supply Plan and Wastewater Management and System Plan sections of the application for these submittal items. 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.olssonassociates.com OXY USA WTP LP October 8, 2013 Pond 13 E/W Waste Management Facility 4. GarCo Comment: There is no indication that the project site is located within a Special Flood Hazard Area, nor is this a request for a PUD >5 acres or proposing 50 lots or greater, so there is no requirement for a Floodplain Analysis. This submittal requirement will not be waived as it simply is not applicable to this site. Response: Please disregard the waiver request for a Floodplain Analysis as it is not required for this application. 5. GarCo Comment: The Landscape Plan is a submittal requirement for all Limited Impact applications however Section 7-303 excludes industrial uses from a requirement to meet Landscape Standards making this submittal requirement 'not applicable'. No waiver is required. Response: Agreed. Please see response to Item 2 above. 6. GarCo Comment: The remainder of the items requested to be waived as submitted requirements- the Improvements Agreement and Development Agreement - are hereby waived as submittal requirements. Response: Noted. 7. GarCo Comment: The pre -application summary lists the parcel as being 10,303 -acres, the application states that the site is 640 -acres and the parcel number provided is shown as a 1,053.08 -acre parcel. Please clarify. Response: The 10,303 acreage listed in the Preapplication Summary is incorrect. It is based on contiguous parcels of which this parcel, 216904400003, is a small part. The project is located on this smaller 640 acre parcel. This is the parcel referred to throughout the application. The 1,053.08 acre parcel is a larger parcel owned by Oxy that is adjacent to the project parcel. 8. GarCo Comment: The applicant is responsible for demonstrating legal and physical access to the site- are there easements or agreements related to the private road system? What are the physical characteristics of the road and does it meet County Standards in Article VII? Response: No easements exist for the private road system. It is completely contained within Oxy owned property. Please see the Access and Roadways Standards Waiver Request. 9. GarCo Comment: The application states that the fluids will be transported via pipelines to the ponds. How will the water be transported post -storage when it will be re -used? In the same pipeline? Trucked? This information is necessary to determine the potential impacts of the project. Response: All water will be transported to and from the site via water distribution pipelines. Please see the attached GIS map indicating distribution and gathering pipelines and well pad locations. The same water pipelines serve as inflow and outflow pipelines. 10. GarCo Comment: It does not appear that a full description of the proposal was included in the Project Description section of the submittal. There appears to be a significant amount of storage that may or may not be related to, or accessory, to the use of the impoundment- two areas on the site plan appear to be dedicated for storage yet no mention of this is found in the project description. Please provide additional information on what will be stored there and if the storage is directly related to the impoundments. If additional equipment, materials, NTC Response Page 2 OXY USA WTP LP October 8, 2013 Pond 13 E/W Waste Management Facility and supplies unrelated to the impoundment are proposed to be located on this site then a request must be made to add the use of "storage" into this application. Response: Please see revised Project Description. 11. GarCo Comment: The site plan requirement has not been adequately addressed as indicated by the items below: a. Sheet 1 of 2 is unnecessary as a smaller vicinity map would suffice. It is confusing to have a "Site Plan" at a scale of 1" = 2000'. Response: Sheet 1 of 2 has been removed. b. Location and dimension of easements or location of the pipelines transporting the water to the site are required - one appears to be located at the north end of the project area, is this the only pipeline that will serve these impoundments? Response: The site plan has been revised. c. Does the legal description of the project area (Detail A Area) include 21.47 -acres? The legal description doesn't include the acreage so it is difficult to ascertain what it incorporates. The pre -application summary indicates a project area of 17.67 -acres which is resulting in confusion; Response: The legal description is for the whole parcel that the project is on. The Project Area Description below Detail A is the legal description for the project area and includes the square footage and area of the project. d. Elevation drawings showing existing grade, finished grade, and height of the proposed structures above existing grade are required. Response: The site plan has been revised. e. The location of fencing is shown around the ponds, will the storage areas be fenced? Response: No hazardous material or other items requiring fencing will be kept at the storage area. Fencing is not proposed at this time. 12. GarCo Comment: Provide information and a comprehensive map that indicates location of the wellpads from which the water will be produced, along with the location of pipelines and an indication of all surface owners related to the above. If the well pads and pipes are all on Oxy -owned land then please provide a statement to that effect. Response: A GIS map showing the location of pipelines and well pads is included with this letter and will be included in the referral copies. All pads and pipelines are on Oxy -owned land. 13. GarCo Comment: The NRCS soil survey was provided which indicates the soils type found on-site, however no analysis of that type of soil impact on the proposed development was included. A qualified individual is required to provide this information however there is no indication who completed the analysis. Response: A revised and signed Geologic Hazards report is included in this response. Please find the signature of the qualified Geologist who prepared the report on last page. NTC Response Page 3 OXY USA WTP LP October 8, 2013 Pond 13 E/W Waste Management Facility 14. GarCo Comment: The Geologic Hazards report is not signed nor is there any indication of a qualified individual completing the information. Response: A signed Geologic Hazards report is included in this response. Please find the signature of the qualified Geologist who prepared the report on last page. 15. GarCo Comment: Please provide specific information related to fire protection at this site, the associated with this use? Response: This site will comply with Oxy's emergency response at all times. Fire protection is addressed in the plan included with the original submittal. See Appendix A, starting at pg. 35. 16. GarCo Comment: What air quality permits will be required for operation of this facility? It is not sufficient to respond to the air quality standard that all necessary permits will be obtained. Since this is an existing facility one would assume that all required permits had been obtained upon operation of the ponds. Please provide copies of all air permits as well as additional demonstration of how you will comply with this standard. Response: See attached letter. 17. GarCo Comment: There does not appear to be any information related to netting and escape steps from the ponds as typically required by CPW. Please respond Response: The CPW will review the application as part of the Garfield County and COGCC permitting process. The location is currently improved with flagging at regular intervals and 8 -foot high chain link fencing. The CPW will notify the applicant of additional wildlife BMP requirements, and they will be required as part of the COGCC approval and enforced during COGCC inspections. NTC Response Page 4