Loading...
HomeMy WebLinkAbout1.01 NarrativeGARFIELD COUNTY SPECIAL USE PERMIT APPLICATION NARRATIVE 1. EnCana Oil & Gas (USA) Inc. (EnCana) retained Wagon Wheel Consulting, Inc. (Wagon Wheel) to submit a Special Use Permit to construct a Centralized E&P Waste Management Facility per the Colorado Oil and Gas Conservation Commission (COGCC) Rule 908. The purpose of the facility will be to treat exploration and production (E &P) wastes, primarily soils impacted with natural gas condensate, by microbial degradation of the petroleum hydrocarbons. The United States Environmental Protection Agency (EPA) defined E &P wastes as solid wastes which are conditionally exempt from the Resource Conservation and Recovery Act (RCRA) 40 CFR 261 regulations for hazardous wastes. The facility will only be used to treat E &P Wastes. The treatment process will consist of bioremediation landfarm cells which use microbes to degrade the petroleum hydrocarbons contained within the soils. Nutrients will be added to the soils and the cells will be kept moist, and periodically rotated to enhance the process. Once treatment of the E &P wastes is completed to levels below COGCC allowable concentrations or levels as determined by independent laboratory analysis, EnCana will use the soils at various EnCana well sites or other EnCana facilities for construction of berms or setting of tanks or other fill dirt needs. The spills are reported to the COGCC using the COGCC Form 19 and/or to other agencies as the individual situation requires. An application to construct and operate a Centralized E &P Waste Management Facility was submitted to the COGCC on their Form 28. The Colorado Department of Public Health and Environment (CDPHE) Air Pollution Control Division also requires an Air Pollutant Emission Notice (APEN) be submitted prior to construction to evaluate potential volatile petroleum hydrocarbon emissions. The hours of operation will be during daylight hours (7:00 a.m. to 6:00p.m.), seven days a week, on an as needed basis. If a spill occurs at an EnCana well site, the resulting impacted soil (E &P wastes) will be brought to the facility for treatment. Therefore, the number and type of vehicles accessing the site on a daily, weekly, and/or monthly basis will vary depending on the need. Types of vehicles would include dump trucks to haul the impacted soil to the facility and construction equipment necessary to unload the dump trucks and to arrange the E &P materials onsite. The trucks and heavy equipment will be provided and operated by third party contractors hired by EnCana. EnCana or Contract Personnel may occasionally visit the site in pickup trucks and/or cars to conduct routine inspections, operations and maintenance activities, or to collect samples for laboratory analysis. The site will be visited at a minimum on a weekly basis by either EnCana or contract personnel directly reporting to EnCana. The proposed property is 8.48 acres and is located in the South Half of Section 19, Township 6 South, Range 92 West, of the Sixth Principal Meridian, or more generally, approximately one mile southeast of the Garfield County Airport. No buildings or structures requiring building permits are expected. The facility will consist of a land farm surrounded by a six foot tall chain -link security fence with locked gate(s). A storm water detention pond, capable of containing the runoff from a 100 -year, 24 -hour storm event, will be constructed on the north end of the property. Water collected in the storm water detention pond will be used to spray over the soil piles to maintain soil moisture and promote biodegradation of petroleum 1 hydrocarbons. If there is insufficient storm water present in the pond, EnCana will have a water truck periodically come out to the site to spray the piles with fresh water purchased from a municipal water source. There will be a need for minimal electric power at the site to generate enough electricity to operate a water pump to spray water from the pond sufficient to moisten the soil piles. No waste water will be allowed to be discharged from the site. 2. Waste water as produced water would be hauled to one of EnCana's permitted evaporation pond facilities in Garfield County and would not be handled at this facility. At this time, EnCana does not expect that an industrial water well or commercial water well will be drilled and installed at the facility. However, EnCana reserves the right to pursue water rights through the White River and Colorado River Basin, Water Court, District 5 located in Glenwood Springs, Colorado and to permit an industrial or commercial water well to be located on the southeast corner of the proposed facility at a later date to augment water needs and to reduce the need to haul water to the site. The volume of water to be used at the facility for providing adequate moisture to the soil piles, for dust control, and as fire suppression is not expected to significantly impact water resources in the area and EnCana's consumption would be limited by decree from the District 5 Water Court. Prior to drilling the industrial water supply well, EnCana will provide Garfield County copies of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate EnCana's legal right to groundwater and adequate water for the proposed use. Due to the nature of the proposed development, a potable water source is not essential to the proposed special use. 3. A site plan and scaled maps are provided as Attachment A. These plans and maps depict the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of the property. An access road or diveway permit off of county Road 333 is provided as Attachment B 4. A vicinity map showing slope /topography of the property adapted from the Silt 7.5 minute USGS quadrangle map is presented in Attachment A. 5. EnCana owns the property on which the Centralized E &P Waste Management Facility is proposed. A copy of the Garfield County Assessor's Maps showing all mineral right owners of the subject property and public and private landowners adjacent to EnCana's property within 200 feet are provided as obtained from the Garfield County Assessor's Office is included as Attachment C. 6. A copy of EnCana's deed and a legal description of the subject property is included as Attachment D. 7. Wagon Wheel Consulting is acting on behalf of EnCana for the purpose of preparing and submitting this application for a Special Use Permit from Garfield County, and preparing and submitting a permit application to the COGCC for EnCana to operate a Centralized E &P Waste Management Facility under COGCC 900 Series rule 908. Authorization from EnCana for Wagon Wheel Consulting to act as agent is provided in Attachment E. 2 8. The following responses are designed to specifically address each of the following criteria from Section 5.03 of the Garfield County Zoning Regulations: (l) Due to the nature of the proposed use of the subject property, water service and sanitation service are not expected to be necessary for the site beyond what has been stated above. Should the needs of the facility change, Garfield County Planning and Zoning and/or the Board of County Commissioners will be notified of any such changes and will be approved through the County approval process. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use are an issue and will need to be approved by the Board of County Commissioners. Operation of the Centralized E &P Waste Management Facility will decrease truck traffic through out the area by providing a facility for the treatment of impacted soils that is closer to the natural gas field in which the E &P Wastes will be owned and operated by third party contractors which will provide additional business opportunities for local businesses. The county already maintains the County roads in the area of the site. (3) Design of the facility for the proposed use is organized to minimize impact on and from adjacent land uses and is expected to have minimal impact. The facility will be surrounded by a security fence. The facility is to be located in a rural area, away from residential properties, and therefore, should not adversely impact the established neighborhood character. 9. Pursuant to this Special Use Permit Garfield County has additional review standards per the Garfield County Zoning Resolution Section based on the type of Special Use that EnCana is requesting, specifically industrial uses [Section 5.03.07 & 5.03.08]. The proposed facility is located in a rural area of Garfield County near the Garfield County Airport and other industrial activities. The following is from 5.03.07 Industrial Operations: (1) Impact Statement: and impact statement for proposed use, location, scope, design, and construction schedule inclusive of operational characteristics is provided as Attachment F. Ten (10) copies will be submitted to the planning director and one (1) copy filed with the County Commissioners by the Planning Director; (A) Exiting lawful use of water through depletion or pollution of surface run -off, stream flow or ground water; (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare, or vibration, or other emanations; (C) Impacts on wildlife and domestic animals though the creation of hazardous attractions, alteration of existing 3 native vegetation, blockade of migration routes, use patters or other disruptions; (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impact to areas in the County; (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses(s); (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution; (2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County commissioners before a permit for conditional or special use will be issued; (B) The County Commissioners may require security before a permit for a special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specification and construction schedule established or approved by the County Commissioners. Such commitments, bonds or checks shall be payable to and held by the County Commissioners; (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.09 of this Resolution. (A. 93 -061). The following is from 5.03.08 Industrial Performance Standards Industrial Performance Standards: All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air, and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare, and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statues at the time any new application is made. (A.93 -061) (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State, and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation, and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gasses, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from the provision. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A97 -112) (A) Storage of flammable or explosive solids or gasses shall be in accordance with accepted standards and laws and shall comply with the national, state, and local fire codes and written recommendations /comments from the appropriate local protection district regarding compliance with the appropriate codes; (A97 -112) (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (A97 -112) (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97- 112) 1. The minimum lot size is five (5) acres and is not a platted subdivision; 2. The equipment storage area is not placed any closer that 300 feet from any existing residential dwelling; 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m. Monday through Friday. 5. Loading and unloading of vehicles will be conducted on private property and may not be conducted on any public right -or -way. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (A97- 112) (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property (A97 -112) (6) Water Pollution: in case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facility may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. The following is from 5.03.09 Uses Not Itemized Uses Not Itemized: Upon application or on its own initiative, the County Commissioners may, by resolution, add to the uses listed for a Zoning District any other similar use which conforms to the conditions set forth in the following special findings: (1) Such use is appropriate to the physiographic and general environmental character of the District to which it is added; (2) Such use does not create any more hazards to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added; (3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is added; (4) Such use is compatible to the uses existing and permitted in the district to which it is added. In considering whether a use should be added to those uses listed fro a zoning district, the Board's procedure shall be that of text amendment consideration, which may be combined, if the proposed use is to be conditional or special, with the conditional or special use permit procedure set forth herein. (A80 -180) 10. Enclosed is a $400.00 Base Fee and a Signed "Agreement for Payment" form accompanying this completed application form. 11. Wagon Wheel Consulting is providing two copies of this completed application and all of the required submittal materials to the Garfield County Building and Planning Department for their consideration. Additional copies may be obtained through Wagon 6 Wheel Consulting by request once the Special Use Permit application has been deemed "technically Complete." II. PROCEDURAL REQUIREMENTS Wagon Wheel Consulting is providing two copies of this completed application and all of the required submittal materials to the Garfield County Building and Planning Department to be reviewed by a Staff Planner for review of the application for technical completeness. Wagon Wheel Consulting will await an answer from the Staff Planner in writing confirming that this application is technically complete and a Public Notice From(s) indicating the time and date of the hearing before the Board of County Commissioners. The site closure plan submitted to the COGCC is included as Attachment G. EnCana's Financial Assurance Documentation For closure of the facility is included as Attachment H. The CDPHE- APCD APEN Application is provided as Attachment I. 7