HomeMy WebLinkAbout2 WPX Water Management Facility - Minor Modification - 217136300007Garfield Count,,
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.earfield-county.com
RE- P
LIGATION
DATE: November 24, 2015
PROTECT: Amendment to an approved Land Use Change Permit
PROPERTY OWNER: WPX Energy Rocky Mountain, LLC
REPRESENTATIVE: Ashlee Fechina, Regulatory Team Lead
PARCEL NUMBER: 2171-363-00-007
LOCATION: The property is located north of the Town of Parachute
ZONING: Resource Lands — Gentle Slopes and Lower Valley Floor
TYPE OF APPLICATION: Minor Amendment to an Approved Land Use Change Permit (Admin)
I. GENERAL DESCRIPTION
WPX is proposing to add an additional building and accessory equipment/tanks for water treatment within a
facility previously permitted for Water Impoundment, Material Handling, Processing and Storage. The new
water treatment facility building is proposed to be located on east side of the existing facility and in the middle
of the 394.35 acre property. The building and associated equipment/tanks is proposed to replace an area
previously permitted as "landfarm" area and will include a footprint of approximately 100' by 78' initially with
expansion potential to a footprint of approximately 100' by 132'.
WPX was approved for a Water Impoundment, Material Handling, Processing and Storage facility in November
2014 pursuant to Resolution 2014-71. At that time, the area proposed for the new water treatment expansion
was permitted as "landfarm" on the approved site plan.
Though not contemplated as part of the original Land Use Permit site plan, the proposed water treatment
facility expansion is consistent with the prior approval and current activities on the site, namely the treatment
of produced water from natural gas extraction in the area.
The applicant has provided a proposed site plan which identifies the facility expansion as well as responses to
each of the criteria for a Minor Modification found in Section 4-106 of the Land Use and Development Code
(LU DC).
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
An amendment to a previously approved Land Use Change Permit is reviewed by the County pursuant to
Section 4-106 of the Land Use and Development Code.
III. REVIEW PROCESS
To process a request for an Amendment to an Approved Land Use Change Permit, the applicant shall
schedule a pre -application conference. Within 10 days of the conference and after receiving all necessary
information, the Director shall make one of the following determinations:
a. Minor Modification
b. Substantial Modification.
c. Determination by the BOCC
IV. DETERMINATION
In reviewing the information submitted (attached), the Director has determined that the Review Criteria
(Section 4-106.C) for determining this proposed amendment to be a Minor Modification, has been met, as
follows:
1. Comply with all requirements of this Code;
The Amendment continues to meet all requirements of the Code.
2. Do not conflict with the Comprehensive Plan;
The Amendment does not conflict with the County's adopted Comprehensive Plan.
3. Do not change the character of the development;
The Amendment does not change the character of the development.
4. Do not alter the basic relationship of the development to adjacent property;
The Amendment does not change the basic relationship of the development to adjacent
properties.
5. Do not change the uses permitted;
The Amendment does not change the uses currently permitted.
6. Do not require amendment or abandonment of any easements or rights-of-way;
The Amendment does not require abandonment of any easements or rights of way.
7. Do not increase the density;
The Amendment does not increase the density of the project.
8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in
the applicable zone district in Table 3-201; and
The Amendment does not increase the zone district dimensions to an amount exceeding the
maximum dimensions in the Resource Land — Gentle Slopes and Lower Valley Floor Zone District.
9. Do not decrease the amount of the following to an amount below the minimum required in the
applicable zone district:
a. Amount of dedicated Open Space;
b. The size of or change in the locations, lighting, or orientation of originally approved signs;
c. Any zone district dimensions in Table 3-201.
The Amendment does not decrease any of the previous items to an amount below the minimum
required in the Resource Land — Gentle Slopes and Lower Valley Floor Zone District.
In addition, staff has reviewed these proposed changes in light of Resolution 2014-71 approving the original
Land Use Change Permit. For the above stated reasons, staff does not believe this proposed amendment
constitutes a substantial change to the approved Land Use Change Permit.
V. APPLICATION REVIEW
A. Reviewed by: Staff for technical completeness and compliance with standards
B. Public Hearing(s): None
C. Referral Agencies: None
VI. SUBMITTAL REQUIREMENTS
The request for an Amendment to an Approved Land Use Change Permit shall submit all of the material
consistent with Table 4-201, as well as any other information deemed necessary by the Director. Submittal
requirements include the following for this Minor Modification:
A. General Application Material (4-203.B), including
a. Application Form
b. Letter of Authorization, for any consultant acting on behalf of the owners and/or
leaseholder (if applicable)
c. Statement of Authority for the individual representing a corporation, LLC, or
partnership (if applicable)
d. Deed or title commitment
e. Legal Description of Property
f. Fees and Payment agreement form
B. Copy of previously approved Land Use Change Permit and amendments
C. Vicinity Map (4-203.C)
D. Revised Site Plan (4-203.D)
E. Updated Impact Analysis (Section 4-203(G) of the Land Use and Development Code of 2013)
VI. APPLICATION REVIEW FEES
This application will be subject to the following fees and deposit requirements:
Planning Review Fees: $ 300 Amendment to a Land Use Change Permit
Plus any additional Staff time charged at staff hourly rate of $40.50
Referral Agency Fees: $ TBD (includes consulting engineer fees billed at an hourly rate)
County Surveyor: $ N/A
Recordation: $ N/A
Total Deposit: $300
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may
not be accurate. This summary does not create a legal or vested right. This summary is good for 6 months
from the date of signature.
Director:5 Finding of Minor Modification
r
November 24 2015
Fred Jarman, Director of Comm'"`ty Development Date
Pre -application Summary Prepared bv:
for
er
November 24, 2015
Date
WPXENERGY
T
November 24, 2015
Mr. Dave Pesnichak, AICP
Garfield County
Community Development Department
108 8th Street Suite 401
Glenwood Springs, CO 81601
WPX Energy Rocky Mountain, LLC
1058 CR 215
Parachute, CO 81635
Re: Parachute Water Management Facility — Minor Modification Request
LIPA-8048
Dear Mr. Pesnichak,
Thank you for meeting with Mrs. Carter and myself on November 18, 2015 to discuss Garfield
County's requirements for Minor Modifications. As you suggested, please find details of our
request included.
WPX Energy Rocky Mountain, LLC (WPX Energy) has an approved Land Use Change Permit for
the Parachute Water Management Facility (Facility). The Facility is permitted for use as a Water
Impoundment, Material Handling, Processing and Storage (Water Management Facility) Facility.
At this time, WPX Energy is in need of adding additional equipment and buildings to accompany
new technology at the Facility for Water Management. WPX Energy has obtained the
appropriate permits from the Colorado Department of Public Health and Environment (CDPHE)
to move forward with a treatment system for surface discharge (CDPHE Permit Number
COG840000 Certification Number: COG840015).
WPX Energy would like to request approval to incorporate this technology's supporting
infrastructure via the Minor Modification process prior to submitting building permits for
review and approval by the Garfield County Building Department. WPX Energy does not
anticipate that the addition of the new technology and buildings will have impacts outside of
the originally permitted application in LIPA -8048.
Please find responses below detailing how WPX Energy meets criteria in 4-106.C. of the Garfield
County Land Use and Development Code (LUDC) for Minor Modifications for an approved Land
Use Change Permit (LIPA-8048).
1. Comply with all requirements of this Code
WPX Energy is not changing the permitted Use of the Facility by adding the additional
treatment processes for Water Management (Water Impoundment, Material Handling,
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WPXENERGY
Processing and Storage). The buildings for the treatment system will be installed within the
Facility boundary.
All Conditions of Approval (COAs) from LIPA-8048 will be adhered to and do not require a
change.
Please see the updated site plan attached.
2. Does not conflict with the Comprehensive Plan
Chapter 2: Future Land Use
The proposed Modification does not conflict with the Comprehensive Plan. As stated in the
original Land Use Change Permit application, the project is located within the Land Use
Designation Resource Production/Natural (RPN) as defined in Chapter 2- Future Land Use of the
Garfield County Comprehensive Plan 2030 (Comprehensive Plan).
The Resource Production/Natural (RPN) Land Use designation is described in Chapter 2 of the
Comprehensive Plan as "Agriculture and grazing land used primarily for oil, gas, oil shale, coal
mining, gravel mining, including support buildings and facilities needed for the natural resource
extraction industry, and other business uses that can be adequately buffered from adjacent
incompatible uses. Also includes areas with significant environmental constraints such as upper
plateaus, talus slopes, and steep slopes (over 20%). Private inholding mostly surrounded by
public lands with limited public access." Emphasis added.
Chapter 2 of the Comprehensive Plan clearly indicates that the WPX Energy Parachute Water
Management Facility, serving as a support facility needed for the natural resource extraction
industry, is consistent with the Comprehensive Plan.
Chapter 3: Plan Elements
Section 4- Economics, Employment and Tourism
"Policies: 3. Garfield County will encourage the development of a diversified
industrial base recognizing physical location -to -market capabilities of the
community, and the social and environmental impacts of industrial uses."
The Parachute Water Management Facility encourages future development in
the oil and gas industry. Additionally, the project design has identified and
responded to the environmental impacts of the facility.
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WPXENERGY
"Strategies and Actions: 4. Ensure that commercial/industrial developments are
compatible with adjacent land uses and preserve the visual quality of the
county."
The color choices of materials for the project, location at a higher elevation than
the Town of Parachute and significant distance from residential communities in
total achieves Comprehensive Plan Strategies and Actions.
Section 8- Natural Resources
"Policies: 2. Garfield County will encourage the protection of watersheds, flood
plains, and riparian areas."
The facility has been designed and evaluated utilizing the LUDC, State of
Colorado and Federal laws and rules.
Section 9- Mineral Extraction
"Policies: 4. Facilities that are appurtenances to oil/gas development activities
(compressor, etc.) are considered appropriate in all land uses so long as they
meet the respective mitigation requirements of the LUDC to maintain
compatibility with surrounding land uses."
The facility has been designed in respect to mitigation of identified impacts as
required by the LUDC.
3. Does not change the character of the development
The Facility is permitted for use as a Water Impoundment, Material Handling, Processing and
Storage (Water Management Facility) Facility. The addition of the new treatment process,
equipment, and buildings is consistent with the Uses permitted in LIPA-8048. The new
treatment system will utilize water from the existing Facility and treat the water to surface
discharge water quality standards. The incorporation of the additional treatment processes
and buildings will allow WPX Energy to continue optimizing efficiencies with water recycling for
beneficial reuse.
4. Does not alter the basic relationship of the development to adjacent property
The addition of the new treatment process in not expected to alter the truck traffic into the
Facility as originally permitted; however, we anticipate an overall reduction in truck traffic in
our Valley operations.
The additional infrastructure will be located within the original footprint of the Facility.
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WPXENERGY
Visual impacts to the surrounding area are not anticipated to change from the original permit
(LIPA-8048). The Facility is located on top of a mesa and proposed infrastructure will be within
the zoning and setback requirements within Table 3-201 of the LUDC.
The addition of new technology and buildings will have no impact outside of the originally
permitted application in LIPA -8048 as originally identified.
5. Does not change the uses permitted
The Facility is permitted for use as a Water Impoundment, Material Handling, Processing and
Storage (Water Management Facility) Facility. The addition of the treatment system,
equipment, and buildings is consistent with the uses permitted in LIPA-8048.
6. Does not require amendment or abandonment of any easements or rights-of-way
No amendments or abandonment of any easements or rights -of -ways is required.
7. Does not increase the density
Per the definition of density in the LUDC, density does not apply as dwelling units are not
applicable to this project.
8. Does not increase the zone district dimensions to an amount exceeding the maximum
dimension in the applicable zone district in Table 3-201
The project is located on Parcel number 2171-363-00-007 owned by WPX Energy.
Zoning of the parcel consists of Resource Lands- Gentle Slopes and Lower Valley Floor (RLGS).
The proposed project is in full compliance with the LUDC regarding the following:
Minimum Lot Area- 35 acres Parcel is 383.78 +/- acres
Maximum Lot Coverage- No requirement for Industrial Uses
Maximum Floor Area Ratio- No requirement
Front Setbacks- 25 feet
- Existing and proposed structures are setback in excess of this dimension
Rear Setbacks- 25 feet
- Existing and proposed structures are setback in excess of this dimension
Side Setbacks- 10 feet
Existing and proposed structures are setback in excess of this dimension
Height- 75 feet
Existing and proposed structures are not constructed or proposed in excess of this
dimension
The project is not located in any overlay districts as described in the LUDC Article3
Division 3- Overlay District Regulations.
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WPXENERGY
9. Does not decrease the amount of the following to an amount below the minimum
required in the applicable zone district:
Amount of dedicated open space — open space is not applicable to this project.
The size of or change in the locations, lighting, or orientation of originally approved
signs — signage is not applicable to this project.
Any zone district dimension in table 3-201— the project will be in compliance with the
zoning requirements for Resource Lands — RLGS as detailed in response #8.
Thank you for your time and attention reviewing our proposal.
Please do not hesitate to call me if you have additional questions.
We look forward to hearing from you.
Sincerely,
.z.paze.„ 17e7u4
Ashlee Fechino
Regulatory Team Lead — Piceance
CC: Fred Jarman, Garfield County Director
Tyler Bittner, WPX Energy District Manager
Peggy Carter, WPX Energy Operations Engineer
Attachments:
Copy of Approved Land Use Change Permit (LIPA- 8048) Resolution #2014-71
Updated Site Facility Diagram
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LAND USE CHANGE PERMIT
for
A Portion of a Parcel of Land Owned by WPX Energy Rocky Mountain, LLC
Located Northeast of the Town of Parachute Off U.S. Highway 6 and 24 in
Portions of Section 35 and 36, Township 7 South, Range 96, West of the 6th
P.M., Garfield County with a Project Area of Approximately 37.62 acres Within
an Overall 383.78 acre Property
(Assessor's Parcel No. 2171-363-00-007)
In accordance with and pursuant to provisions of the Garfield County Land Use and
Development Code of 2013, as amended, and a Resolution of Approval (Resolution
Number 2014-71) of the Board of County Commissioners of Garfield County, State of
Colorado, the following activity is hereby authorized by Land Use Change Permit:
WATER IMPOUNDMENT, MATERIAL HANDLING, PROCESSING AND
STORAGE (WATER MANAGEMENT FACILITY), ON A 37.62 ACRE PORTION
OFA 383.78 ACRE PROPERTY (LIPA-8048)
This Land Use Change Permit - Limited Impact Review is issued subject to conditions of
approval as set forth in Exhibit `B" and shall be valid only during compliance with such
conditions and other applicable provisions of the Garfield County Land Use and
Development Code, as amended, Building Code, and other regulations of the Board of
County Commissioners of Garfield County, Colorado.
ATTEST:
Am- al -Ab
erk of the Board
GARFIELD-6 s UNTY BOARD OF COUNTY
COMM! .. SION RS, GARFIELD COUNTY,
COLO -ADO
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Exhibit A
(Project Site Pian)
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Exhibit B
Conditions of Approval
Conditions Prior to Issuance
1. The Applicant shall demonstrate that all improvements have been made
to the access road which are consistent with the Secondary Access
standards outlined in Section 7-107. Demonstration that these
improvements are complete shall be submitted and reviewed by the
Garfield County contract engineer prior to issuance of the Land Use
Change Permit.
2. The Applicant shall submit the new CDOT access permit once it is issued.
The new access permit shall be reviewed by the Garfield County contract
engineer prior to issuance of the Land Use Change Permit.
3. The Garfield County Community Development Department is authorized
to issue the Dewatering Operations Area Building Permit number BLCO-
8-14-3350 within 3 -days following signature of the Resolution of
Approval.
4. WPX Energy is authorized to conduct road/drainage improvements work,
access to Highway 6 improvements and grading for the Dewatering
Operations Area Building, as described in the Applicant's submittal, prior
to issuance of the Garfield County Land Use Change Permit.
Other Conditions
5. That all representations made by the Applicant in the application shall be
conditions of approval, unless specifically altered by the Board of County
Commissioners.
6. That the operation of the Water Impoundment, Material Handling,
Processing and Storage facility shall be done in accordance with all
applicable Federal, State, and local regulations governing the operation of
this type of facility.
7. The facility shall maintain compliance with Storm Water Management
Plan, Drainage and Grading Plans and Reclamation for the site.
8. The Applicant shall control fugitive dust during the operation of the site.
Page 4 of 5
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9. The facility shall maintain compliance with Section 7-306 Lighting, with
all lighting to be directed inward and downward toward the interior of the
site. Facilities shall be painted a non -glare neutral color to lessen any
visual impacts.
10. The Applicant shall comply with the submitted Noxious Weed
Management Plan including the best management practices.
11. The hours of operation for the site shall be 24 hours per day, 7 days per
week.
12. No parking shall be permitted along the access road in order to ensure
adequate fire protection access.
13. A minimum of a 500 gallon fresh water cistern shall be maintained with
water to supply the restroom facility. The water shall be provided by a
licensed water hauler.
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