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HomeMy WebLinkAbout4-118, 4-202 Waiver RequestsArticle 4-118, 4-202 Waiver Requests Encana Oil & Gas (USA) Inc K19NE Storage Facility (Laydown Yard) OA Project No. 014-2797 iO LSSO N ASSOCIATES Waiver Requests Encana Oil & Gas (USA) Inc. K19NE Storage Facility SECTION 4-118 WAIVER OF STANDARDS Pursuant to Section 4-118 of the Garfield County Land Use and Development Code, Encana requests a waiver for the following Access and Road Design Standards for the K19NE Storage Facility. Section 7-107 Access & Roadways F. Design Standards. 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 design standards is to provide safe access to the project site. This road was designed for the exclusive use of Encana to access its natural gas operations. It is not designed for public use. Given the average daily traffic that this road services, it should most closely correspond to the Primitive/Driveway road standard. The private access road does not meet the design standards for road grade, cross slope, or ditches. See Road Assessment report for more information. The area of the road that has a grade of more than 12% is a short distance. The road has been designed to follow the natural topography of the area with minimal change to the natural grade. The road is graveled. Emergency vehicles will be able to negotiate the grade, if necessary. The cross slope varies from 0.6% to 7.3% along the road. In some places, the road slopes toward the side of the road without a ditch, including some areas where the road is crowned. The road geometry changes occasionally with maintenance activities. While ponding may occur in areas of shallow cross slope, the road is inspected on a regular basis for maintenance issues, which are addressed in a timely manner. Speeds are low to promote safety and reduce road damage. Some areas of the road do not have ditches present on either side. Where ditches are present, they range in width from 2.0 to 7.5 feet. They are fairly shallow. The road is inspected on a regular basis for maintenance issues, which are addressed in a timely manner. 760 Horizon Dr., Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.olssonassociates.com Encana Energy Inc. K19NE Storage Facility 2. Imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Response: This private road does not provide access to residential uses nor is it used by the general public on a regular basis. The waiver of this standard will not create greater impacts on adjacent properties than would occur if it was in full compliance. SECTION 4-202 WAIVER OF SUBMISSION REQUIREMENTS Pursuant to Section 4-202 of the Garfield County Land Use and Development Code, Encana Oil & Gas (USA) Inc. (Encana) requests a waiver for the submittal requirement of a Development Agreement and Improvements Agreement for the K19NE Storage Facility. 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: Encana wishes to neither propose a phasing schedule nor extend establishment of vested property rights. 2. The project size, complexity, anticipated impacts, or other factors support a waiver; Response: The facility is largely constructed and does not require additional improvements to operate as a storage facility. 3. The waiver does not compromise a proper and complete review; and Response: The 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. Waiver Requests Page 2 Encana Energy Inc. K19NE Storage Facility 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 3 Encana Energy Inc. K19NE Storage Facility THIS PAGE LEFT BLANK FOR TWO-SIDED DUPLICATION. Waiver Requests Page 4