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HomeMy WebLinkAbout5.2 Division 2 NarrativeOXY USA WTP LP 604-12-13 and 697-16-16 Storage Sites General Resource Protection Standards Narrative Article 7 - Division 2 1.0 Introduction The following section addresses the requirements for the General Resource Protection Standards under Article 7, Division 2 of the Garfield County Land Use and Development Code (LUDC). 2.0 Section 7-201. AGRICULTURAL LANDS. No Adverse Affect to Agricultural Operations, Domestic Animal Controls, Fences, Roads, and Irrigation Ditches The proposed sites are located within the Plateau Zone of the Resource Lands zone district and will not cause an adverse impact to agricultural operations. Domestic animals are not allowed on the proposed sites. The sites were previously developed and not used for agricultural purposes. Irrigation ditches are not located within the perimeter. The proposed sites will not interfere with any ditch right-of-ways. The sites are located on private property owned by the Applicant and the subject parcel is 7732 acres. 2.1 Section 7-202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Division of Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Gambel's Oak and sagebrush surround the sites. The biological survey conducted determined there will be no impact to wildlife since the sites have been previously developed and wildlife has likely become accustomed to the area being occupied. No new impacts are anticipated with the proposed use. Domestic animals are not allowed on the proposed sites and Oxy's Wildlife policy states that Oxy employees and contractors will not harm or harass wildlife. According to the Colorado Oil and Gas Conservation Commission (COGCC) maps developed by Colorado Parks and Wildlife (CPW), the project area is located within greater sage grouse preliminary priority habitat. However, the project area does not contain suitable sage - grouse habitat; no sage -grouse habitat would be impacted by proposed activities. The site was carefully reviewed and no visible evidence of greater sage grouse was observed during the site visit. The Environmental Impact Assessment prepared by ERO is located in the Impact Analysis tab. Wildlife Habitat Report for the storage sites are located in the Standards tab. 2.2 Section 7-203. PROTECTION OF WATERBODIES. A. Minimum Setback. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterbody is required. The proposed sites are located more than 35 feet from any Waterbody. The nearest waterbody is a perennial stream, located 713 feet to the southeast of the 697-16-16 storage site. The nearest waterbody to the proposed 604-12-13 storage site is a perennial stream, located 1,175 feet to the west. Labeled intermitted and perennial streams are depicted on the Hydrologic Figures, located in the Grading and Drainage Plan tab. General Resource Protection Standards Narrative Garfield County Administrative Review, 2015 Page 1 of 8 OXY USA WTP LP 604-12-13 and 697-16-16 Storage Sites B. Structures Permitted In Setback. Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. The proposed sites are located more than 35 feet from any Waterbody. Hydrologic Figures showing all surface water features near the sites are located in the Grading and Drainage Plan tab. C. Structures and Activity Prohibited in Setback. Unless otherwise permitted or approved, the following activities and development shall be prohibited in the 35 foot setback: 1. Removal of any existing native vegetation or conducting any activity which will cause any loss of riparian area unless it involves the approved removal of noxious weeds, nonnative species, or dead or diseased trees. 2. Disturbance of existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. Measures taken to restore existing topography. No vegetation will be removed from the 35 foot setback or outside the perimeter of the sites. No riparian areas are near the site areas nor impacted by the proposed sites. The storage sites were previously graded and developed. The sites will not impact or disturb existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics. D. Compliance with State and Federal Laws. Any development impacting a Waterbody shall comply with all applicable state and federal laws, including, but not limited to, CDPHE water quality control division regulations and the Army Corp of Engineers regulations and permitting for waters of the U.S. The proposed sites will not be located within a water body setback and will not impact any water body. Hydrologic Figures are located in the Grading and Drainage Plan tab. 2.3 Section 7-204 DRAINAGE AND EROSION. A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. The proposed storage sites adhere to the OXY Stormwater plan. Cascade Creek field stormwater documents are provided in the Grading and Drainage Plan tab. B. Drainage. The sites have been designed to adhere to the Drainage Standards stated in Section 7-204 B of the Garfield County LUDC. Existing v swales and sediment basins will allow for drainage of the sites. The sites are located so that no water flows onto each location from any direction. Drainage plan, calculations, and figures are located in the Grading and Drainage Plan tab. The storage sites adhere to the OXY Stormwater plan. Cascade Creek field stormwater documents are provided in the Grading and Drainage Plan tab. C. Stormwater Run -Off. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development creating 10,000 square feet or more of impervious surface area. General Resource Protection Standards Narrative Garfield County Administrative Review, 2015 Page 2 of 8 OXY USA WTP LP 604-12-13 and 697-16-16 Storage Sites The proposed storage sites are not located within 100 feet of any water body. The development of the proposed sites will not create 10,000 square feet of impervious surface area. The storage sites adhere to the OXY Stormwater plan. Cascade Creek field stormwater documents are provided in the Grading and Drainage Plan tab. 2.4 Section 7-205. ENVIRONMENTAL QUALITY. A. Air Quality. Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. The proposed use will not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. Equipment and supplies stored at the sites will not emit fumes or odors. B. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. Hazardous materials will not be stored or transported on the proposed sites. It is not anticipated that liquids or semisolids will be stored at the sites on a regular basis. Any liquids that will be stored at the sites will have secondary containments. 2.5 Section 7-206. WILDFIRE HAZARDS. The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility Index Map as indicated in the County's Community Wildfire Protection Plan. A. Location Restrictions. Development associated with the land use change shall not be located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. The site locations are not located within a severe wildfire Hazard area with Slopes greater than 30% or within a fire chimney. The proposed sites are previously graded and graveled. Occupied structures will not be installed on the locations. Weed Management will prevent vegetation from growing within the Storage Pad Site areas. B. Development Does Not Increase Potential Hazard. The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. The proposed facilities will not increase the potential intensity or duration of a wildfire. Any fuels, combustible, and flammable materials will be stored within a 25 foot gravel pad. The sites will maintain weed control to prevent wildfire from entering the site. C. Roof Materials and Design. Roof materials shall be made of noncombustible. No permanent structures or buildings will be located at the proposed storage sites. General Resource Protection Standards Narrative Garfield County Administrative Review, 2015 Page 3 of 8 OXY USA WTP LP 604-12-13 and 697-16-16 Storage Sites 2.6 Section 7-207. NATURAL AND GEOLOGIC HAZARDS. A. Utilities. Above -ground utility facilities located in Hazard Areas shall be protected by barriers or diversion techniques approved by a qualified professional engineer. The determination to locate utility facilities above ground shall be based upon the recommendation and requirements of the utility service provider and approved by the County. Public utilities will not be installed at the proposed storage sites. No above -ground utility facilities will be located within the site perimeters. Site locations are pre-existing and no structures will be installed on site. The proposed sites will be located on an arid plateau. There are no landslides in the vicinity of the sites. Proposed storage sites are not located within a 100 -year flood plain. Geologic Hazards Report and Site Photos are located in the Impact Analysis tab. Aerial Figures are located in the Maps and Plans tab. B. Development in Avalanche Hazard Areas. Development may be permitted to occur in Avalanche Hazard Areas if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and the plan approved by the County. The proposed sites will be located on an arid plateau. The proposed storage sites are not located within an avalanche hazard area. Avalanche risks are low since cliffs or land is nonexistent above the sites. Site locations are pre-existing and no structures will be installed on site. Geologic Hazards Reports and Site Photos are located in the Impact Analysis tab. Aerial Figures are located in the Maps and Plans tab. C. Development in Landslide Hazard Areas. Development may be permitted to occur in Landslide Hazard Areas only if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. The sites and access roads are not located within an area that has been mapped with landslide hazard areas. There are no landslides in the perimeter of the site. Site locations are pre-existing and no structures will be installed on site. Landslide conditions were analyzed in the Geologic Hazards Reports. The report stated that a landslide may occur in areas surrounding the proposed site locations. The Slope Stability Report, prepared by a Professional Engineer, stated that the sites are located in a stable geologic site location. The report concluded that the two storage facilities have been designed and constructed to provide for safe access to and from the pads as well as for use in drilling, operations and storage of materials. Geologic Hazards Report, Slope Stability Report, and Site Photos are located in the Impact Analysis tab. Aerial Figures are located in the Maps and Plans tab. D. Development in Rockfall Hazard Areas. Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County. General Resource Protection Standards Narrative Garfield County Administrative Review, 2015 Page 4 of 8 OXY USA WTP LP 604-12-13 and 697-16-16 Storage Sites The sites are in an area of rockfall or potential for rockfall. There are apparent rockfall areas along the steep sides of the canyon that have occurred in the past, and therefore have the potential for future rockfalls. The sites will be constructed with a buffer area around the perimeter to protect it in the event of rock falls. The proposed storage sites are not expected to have any occupied structures constructed on it, and will be used for the storage of oil and gas field equipment and materials. Slopes to the north and west are steep and could become potentially unstable if vegetation is disturbed. Access roads have been constructed on either side of the existing storage. Engineering controls may be able to mitigate rockfall, slides, or debris flows from steep slopes to enable the site to be developed. Proposed BMP's are detailed in the Drainage Report, including a BMPs figure depicting mitigation efforts. Proposed site locations were examined by a Professional Engineer. The Slope Stability Report, prepared by Rock Solid Solutions, concluded that the risk to personnel and infrastructure from rockslides on the Storage Pads 697-16-16 & Pad 604-12-13 is minimal. Geologic Hazards Report, Slope Stability Report, and Site Photos are located in the Impact Analysis tab. Aerial Figures are located in the Maps and Plans tab. E. Development in Alluvial Fan Hazard Area, Development shall only be permitted to occur in an alluvial fan if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. The Sites are not located in a mapped alluvial fan hazard area. Alluvial fans are present at the mouths of the canyons where they discharge onto the Colorado River floodplain, but are not present in the immediate vicinity of the proposed storage sites. Geologic Hazards Report and Site Photos are located in the Impact Analysis tab. Aerial Figures are located in the Maps and Plans tab. F. Slope Development. Development on Slopes 20% or greater shall only be permitted to occur if the Applicant demonstrates that the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. Slope development is not expected to be an issue on the 604-12-13 and 697-16-16 sites, since there are existing facilities located adjacent to the proposed site locations. There are steep slopes to the south and east of the 604-12-13 storage site. There are steep slopes to the north and west of the 697-16-16 storage site. The Geologic Hazards report concluded that engineering controls may be needed to control rock fall and slides. Proposed BMP's are detailed in the Drainage Report, including a BMPs figure depicting mitigation efforts. The Slope Stability Report, prepared by Rock Solid Solutions, concluded the stable geologic site location. The report stated excavated slopes for the sites have been designed and excavated in a manner to preserve the integrity of the cuts slopes via controlled blasting techniques. Geologic Hazards Report, Slope Stability Report, and Site Photos are located in the Impact Analysis tab. Aerial Figures are located in the Maps and Plans tab. General Resource Protection Standards Narrative Garfield County Administrative Review, 2015 Page 5 of 8 OXY USA WTP LP 604-12-13 and 697-16-16 Storage Sites G. Development on Corrosive or Expansive Soils and Rock. Development in areas with corrosive or expansive soils and rock shall be designed based upon an evaluation of the development's effect on Slope stability and shrink -swell characteristics. Development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with design, construction stabilization, and maintenance measures certified by a qualified professional engineer, or qualified professional geologist, and is approved by the County. Corrosive or expansive soils and rock are not present in the vicinity of the proposed storage sites. Expansive conditions are not expected. This condition does not pose a hazard, since occupied structures are not expected to be constructed onsite. The proposed sites have been previously developed and graded. Geologic Hazards Report and Site Photos are located in the Impact Analysis tab. Aerial Figures are located in the Maps and Plans tab. H. Development in Mudflow Areas. Development shall be permitted in a mudflow area only if the Applicant demonstrates that the development cannot avoid such areas, and the development adequately employs, construction stabilization, and mitigation and maintenance measures as designed by a qualified professional engineer, or qualified professional geologist, and as approved by the County. The proposed storage site locations are not located in an area mapped as having mudflows or debris fans. The ridge on which the sites are located appears to be supporting vegetation based on a review of June 2014 aerial photographs. The proposed sites have been previously developed. Geologic Hazards Report and Site Photos are located in the Impact Analysis tab. Aerial Figures are located in the Maps and Plans tab. L Development Over Faults. Development shall be permitted over faults only if the Applicant demonstrates that such areas cannot be avoided and the development complies with mitigation measures based on geotechnical analysis and recommendations, as certified by a qualified professional engineer, or qualified professional geologist, and approved by the County. No significant faulting is known in the proposed storage site locations. Geologic Hazards Report and Site Photos are located in the Impact Analysis tab. Aerial Figures are located in the Maps and Plans tab. 2.7 Section 7-208. RECLAMATION. A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to the following activities: The Oxy Reclamation Plan in located in the Impact Analysis tab. A detailed summary of the Reclamation plan is provided in the Drainage and Grading Report. 1. Installation of ISDS. Installation of a new or replacement ISDS. An ISDS will not be installed on the proposed storage sites. General Resource Protection Standards Narrative Garfield County Administrative Review, 2015 Page 6 of 8 OXY USA WTP LP 604-12-13 and 697-16-16 Storage Sites 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a CDOT Access Permit. Proposed storage sites will be accessed using a pre-existing driveway established for the previously developed sites. At this time a driveway permit is not planned. The appropriate permits shall be obtained if any driveway construction is completed and requires a Garfield County Access Permit or a Colorado Department of Transportation Access Permit. 3. Preparation Area. All areas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used for the short-term preparation of the site. A preparation area will not be required for construction of the proposed sites. There are no plans for additional areas of disturbance for short-term preparation. B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural -appearing landforms that blend in with adjacent undisturbed topography. 1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established and growing based on 70% coverage as compared with the original on-site vegetation within 2 growing seasons, using species with a diversity of native and/or desirable nonnative vegetation capable of supporting the post -disturbance land use. To the maximum extent feasible, disturbed areas shall be revegetated to a desired plant community with composition of weed free species and plant cover typical to that site. Any disturbances, including final reclamation will be completed in accordance with the attached Weed Management and Reclamation Plan, located under the Impact Analysis Tab. 2. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas. Both sites were previously disturbed and developed. No top soil will be disturbed or moved for the use of the proposed sites. 3. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. Not Applicable- Retaining walls are not located on the proposed sites. 4. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot -clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. No slash will be left on-site. 5. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. General Resource Protection Standards Narrative Garfield County Administrative Review, 2015 Page 7 of 8 OXY USA WTP LP 604-12-13 and 697-16-16 Storage Sites Any debris will be removed from the sites during the construction phase. 6. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. At this time, there are no foreseen plans to fully reclaim the proposed facilities. General Resource Protection Standards Narrative Garfield County Administrative Review, 2015 Page 8 of 8