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HomeMy WebLinkAbout8.0 Director's Decision 04.24.2015April 24, 2015 Garfield County Blair Rollins, OXY USA WTP LP 760 Horizon Dr., Suite 101 Grand Junction, CO 81506 Kathleen Middleton 760 Horizon Dr., Suite 101 Grand Junction, CO 81506 Community Development Department RE: Director's Decision OXY USA WTP LP Storage Facilities 697-16-16 & 604-12-13 (File GAPA-8215) Dear Blair and Kathleen: This letter is provided to you in regards to the Director's Decision on the OXY USA WTP LP Administrative Review Land Use Change Permit Application for two Storage Sites known as 697-16-16 and 604-12-13. The sites are located approximately 20 miles north of DeBeque off of County Roads 204 and 213. They are within an overall parcel known by Assessor's Parcel No. 2169-214-00- 026. The sites are approximately 10.6 acres (604-12-13) and 4.8 acres (697-16- 16) in size and are more fully described in the Application submittals. Your Application has been reviewed in accordance with the Administrative Review procedures contained in the Land Use and Development Code as amended. Said provisions require a Decision by the Director of the Community Development Department on whether to approve, approve with conditions, or deny the request. The Director's Decision is based on the following findings: 1. That proper public notice was provided as required for the Director's Decision. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given the opportunity to provide input prior to the Director's Decision. 1 3. That for the above stated and other reasons the proposed Land Use Change Permit for the OXY USA WTP LP Storage Facilities 697-16-16 and 604- 12-13 are in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and the granting of a waiver from Section 7-107 Roadway Standards related to road grade, lane width, cross section details, and curve radius consistent with the roadway assessments by Olsson & Associates and Rock Solid Solutions that found the roadway to be adequate for the proposed use, the Application will adequately meet the requirements of the Garfield County Land Use and Development Code, as amended. 6. That with the adoption of conditions and the granting of a waiver from Section 7-1001 to allow 7 day a week operation of the Storage Facilities based on the minimal impacts of the proposed uses, the remote location of the facilities, and the overall size of the Applicant's property, the Application will adequately meet the requirements of the Garfield County Land Use and Development Code, as amended. The Director's Decision is hereby issued approving the Application subject to the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval unless specifically altered by the conditions of approval. 2. That the OXY USA WTP LP 697-16-16 and 604-12-13 Storage Facilities shall be operated in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Prior to issuance of the Land Use Change Permit, the Applicant shall provide an updated site plan that shall include the following: a. Delineation of rock fall hazard mitigation setbacks and off -sets from steep slopes and cut slopes consistent with the recommendations of the Rock Solid Solutions Rockslide and Landslide Assessment Memorandum (dated 1/29/15) b. Delineation on the site plan or inclusion of site plan notes setting forth general circulation patterns for vehicle access and storage areas on the site. 2 c. Indication of the approximate locations for potential 25 ft. by 25 ft. fuel storage pads, in locations away from the perimeter of the site or notes addressing location criteria. 4. The Applicant shall comply with all recommendations contained in the Drainage Reports including the proposed BMP Maps including the re- grading of sediment traps to design contours on a regular basis as needed and installation of a culvert as needed below the sediment trap. 5. The Applicant shall maintain all elements of the roadway access system to the current standards reflected in the Olsson Roadway Standards Assessment (dated January 2015) and the Rock Solid Solutions Roadway assessment memorandum (dated 2/4/15) to ensure that the roadway continues to be operated adequately to serve the proposed uses. The Applicant shall implement the Best Management Practices for each roadway segment as set forth in the Olsson Roadway Standards Assessment. 6. The Applicant shall coordinate with the Garfield County Road and Bridge Department any maintenance issues associated with culvert erosion, ditch cleaning, and wheel tracking/turning impacts along County Road 213 as noted in the Applicant's Traffic Report. 7. The facilities shall maintain compliance with CDPHE Storm Water Management Permits, Grading and Drainage Plans, SPCC Plans and Reclamation Plans, Fugitive Dust Management Plans, and Weed Management Plans for the site. 8. The Applicant shall maintain in place reclamation plans/requirements and reclamation bonds with the COGCC for the sites. The Applicant shall provide the County with copies of any extensions granted by COGCC for reclamation. 9. The Applicant shall comply with the referral comments from Colorado Parks and Wildlife (CPW) dated 4/5/15 and the recommendations contained in the Applicant's Environmental Impact Analysis and Wildlife Health Standards Analysis prepared by ERO Resources Corp., dated October 23, 2014. The Land Use and Development Code requires notification to the Board of County Commissioners for their review and potential call-up of the Director's Decision. The Board review is for a period of 10 calendar days commencing on the date of the Director's Decision. The call-up period shall expire on May 4th. Once the call-up period has passed with no request for review or public hearing, and provided all relevant conditions of approval have been resolved the Land Use Change Permit will be issued. Pursuant to the Land Use and Development Code, the Applicant has one year from the date of the Director's Decision to satisfy all conditions of approval or request an extension. 3 Please contact the Community Development Department if you have any questions regarding the Director's Decision and the conditions of approval. Sincerely, Fred Jarman, AICP Director, Community Development Department cc: Board of County Commissioners 4