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HomeMy WebLinkAbout6.00 Article 7 Division 1 General Approval StandardsBJU N23-496 Central Delivery Point Article 7: Standards - Division 1. General Approval Standards General Approval Standards Narrative Administrative Review Caerus Piceance LLC Garfield County, Colorado 1 | Page 1001 17th Street, Suite 1600 2022 Denver, CO 80202 1) Introduction The following narrative addresses the requirements for the General Approval Standards under Article 7, Division 1 of the Garfield County Land Use and Development Code (LUDC). 2) Section 7-101. ZONE DISTRICT USE REGULATIONS. The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. The proposed facility will comply with all zone district restrictions and regulations. The subject parcel is zoned Resource Lands – Plateau and is within the minimal setbacks. The BJU N23-496 Central Delivery Point (N23 CDP) site boundary is located 5369 feet from the nearest property line. Adjacent parcel owners and adjacent property figure are located in the Parcel Details tab. 3) Section 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement. The Applicant is not aware of any applicable Intergovernmental Agreement. The N23 CDP is designed to conform to the Garfield County Comprehensive Plan. The site location is within the Comprehensive Plan’s Resource Production /Natural (RPN) land use designation. The RPN description includes “oil, gas, oil shale, coal mining, gravel mining, including support buildings and facilities needed for the natural resource extraction industry.” The N23 CDP site meets the following applicable goals and policies listed in the Comprehensive Plan for Mineral Extraction. Comprehensive Plan Mineral Extraction: Vision Ensure that mineral extraction is regulated appropriately to promote responsible development and provide benefit to the general public. The proposed use, material handling, will comply with all Garfield County and Colorado State regulations. The N23 CDP’s Form 2A Location Assessment was approved by Colorado Oil and Gas Conservation Commission (COGCC) on January 14, 2021 (approved Form 2A is provide in the Maps and Plans tab). The installation of the proposed site will benefit the general public by being located within close proximity to the source well sites and within Caerus’s North Parachute operations area. The proposed CDP facility will reduce the acreage size of each well pad it supports. The facility will serve as one centralization location for separation, rather than having separation equipment installed at each location. BJU N23-496 Central Delivery Point Article 7: Standards - Division 1. General Approval Standards General Approval Standards Narrative Administrative Review Caerus Piceance LLC Garfield County, Colorado 2 | Page 1001 17th Street, Suite 1600 2022 Denver, CO 80202 Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources. In compliance with the Garfield County Comprehensive Plan (GCCP), the N23 CDP is designed to minimize any impact to adjacent land. The site will meet soil and water quality standards regulated by COGCC. The proposed use, material handling, will be located on a 9,333 acre parcel in a non-populated, remote resource lands area. Details on the design of the facility are located in the Application Narrative (Application tab). Floodplain areas are not located in the site perimeter or within the vicinity of the site. There are no streams, areas subject to flooding, high ground water areas, and lakes within the perimeter of the site. No intermittent or perennial streams exists within 1,000 feet radius of the site perimeter. The only downgradient surface water feature within 1,000 foot radius of the project area is a drainage (ephemeral stream) 900 feet to the east. Stormwater and drainage control features were installed at the N23 CDP to mitigated potential surface run-off. The Surface Hydrology Map is located in the Grading and Drainage Plan tab. The N23 CDP is not located within one mile of any residential buildings units or designated outdoor areas. The nearest parcel boundary is 5369 feet from the proposed facility. Caerus will adhere to their Wildlife Protection Plan and to wildlife timing stipulations set forth by CPW, COGCC, and BLM to mitigate impacts to wildlife. WestWater Engineering (WestWater) conducted biological and raptor surveys. WestWater biologists did not find any raptor nests and no use by Greater Sage-grouse was documented in the project area during surveys. Biological Survey Report and the Raptor Survey Report for the N23 CDP are located in the Impact Analysis tab. Caerus will adhere to CPW approved Greater Sage Grouse and Mule Deer and Elk best management practices (stated in the Impact Analysis tab). Comprehensive Plan Mineral Extraction: Policy and Strategy Policy 1. Strategy vii. Continue to consider the use of facilities that are appurtenances to oil/gas development activities (compressors, etc.) appropriate in all land uses so long as they meet the respective mitigation requirements of the LUCD to maintain compatibility with surrounding land uses. The N23 CDP site is a necessary accessory to natural resource extractions performed by Caerus. The location of the N23 CDP facility was designed to achieve optimal efficiency while minimizing impacts. The proposed site will meet the criteria for Resource Lands Zone District standards. The site location is within the Comprehensive Plan’s Resource Production /Natural (RPN) land use designation. The RPN description includes “oil, gas, oil BJU N23-496 Central Delivery Point Article 7: Standards - Division 1. General Approval Standards General Approval Standards Narrative Administrative Review Caerus Piceance LLC Garfield County, Colorado 3 | Page 1001 17th Street, Suite 1600 2022 Denver, CO 80202 shale, coal mining, gravel mining, including support buildings and facilities needed for the natural resource extraction industry.” Policy 2: Mineral resource extraction activities will protect critical wildlife habitat as identified by state and federal agencies and preserve or mitigate natural drainage patterns from the impacts of extraction activities. The project is located outside of mule deer sensitive winter range, but the project is located within elk production area. WestWater recommended that Caerus adhere to the Best Management Practices (BMPs) outlined in their Wildlife Mitigation Plan for the North Parachute Ranch for construction activities occurring within big game elk production areas. WestWater conducted raptor surveys on May 15, 2021, within a 0.25 miles buffer of the project area. No raptor nests were observed in the area. The project footprint falls within a Greater Sage-grouse (GrSG) priority habitat management area on the edge of general habitat management area no use by Greater Sage-grouse was documented in the project area during surveys. WestWater recommended that Caerus adhere to the Best Management Practices (BMPs) outlined in their Wildlife Mitigation Plan for the North Parachute Ranch for sage-grouse. In addition to adhering to wildlife BMPs, Caerus has agreed to wildlife timeframe stipulations for construction set forth by the CPW, COGCC, and BLM to mitigate impacts. Caerus will adhere to CPW approved Greater Sage Grouse and Mule Deer and Elk best management practices (stated in the Impact Analysis tab). Policy 2. Strategy ii. Preserve or mitigate natural drainage patterns so the cumulative impact of mineral extraction activities will not cause storm drainage/floodwater patterns to exceed the capacity of natural or constructed drainage ways, or subject other areas to increased flooding, erosion or sedimentation, resulting in pollution to streams, rivers or other natural bodies of water. The proposed site has been graded to minimize any stormwater impacts and mitigate surface run-off. Grading, drainage, erosion control, BMPs, and stormwater features are detailed in the Stormwater BMP Figure (Grading and Drainage tab). No drainage patterns will be impacted by the constructed of the proposed material handling site. The 100-year floodplain boundaries are well outside the immediate vicinity of the N23 CDP perimeter. No perennial or intermittent streams exist within 1,000 feet of the project area. 4) Section 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. BJU N23-496 Central Delivery Point Article 7: Standards - Division 1. General Approval Standards General Approval Standards Narrative Administrative Review Caerus Piceance LLC Garfield County, Colorado 4 | Page 1001 17th Street, Suite 1600 2022 Denver, CO 80202 The proposed site will be located in an unpopulated, remote area surrounded by numerous natural resource facilities and operations. Adjacent land uses consist of natural resource development, agricultural grazing, and public lands. The installation of the proposed site will benefit the general public by being located in close proximity to current natural gas exploration and production activities by reducing acreage size of the well pads being supported by a centralized delivery point rather than separation occurring each of the well pads. The CPD site is designed to minimize any impact to adjacent land and is located within Caerus’s operating field. After interim reclamation, the site will be reduced to 1.02 acres. 5) Section 7-104. SOURCE OF WATER. All applications for Land Use Change Permits shall have an adequate, reliable, physical, long- term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. Caerus requests a waiver for the standard Source of Water, Section 7-104 of the Garfield County Land Use and Development Code. The proposed facility will not require water for personnel or for the proposed use. The N23 CDP will not have personnel staffed at the site on a regular continuous basis. During construction and interim reclamation activities, personnel will access the site daily until the facility is in full operation. Once facility operations are established, the site will be accessed 2-3 times per week. Due to the minimal presence of employees onsite, drinking water use will not be required onsite during operations. Drinking water will be provided to personnel in the form of bottled water. 6) Section 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. A. Water Distribution Systems. The land use shall be served by a water distribution system that is adequate to serve the proposed use and density. Caerus requests a waiver for the standard Central Water Distribution and Wastewater Systems, Section 7-105 of the Garfield County Land Use and Development Code. The proposed use, material handling, is not served by an existing public collection system or treatment facility nor is an on-site wastewater treatment system proposed. During operations, personnel will not be required to be manned at the site other full-time. Due to the minimal presence of personnel onsite, a wastewater use will not be required onsite. A portable toilet will be located onsite. The portable toilet will be provided and maintained by Western Colorado Waste. 7) Section 7-106. PUBLIC UTILITIES. Caerus requests a waiver for the standard Public Utilities, Section 7-106 of the Garfield County Land Use and Development Code. The proposed use, material handling, does not BJU N23-496 Central Delivery Point Article 7: Standards - Division 1. General Approval Standards General Approval Standards Narrative Administrative Review Caerus Piceance LLC Garfield County, Colorado 5 | Page 1001 17th Street, Suite 1600 2022 Denver, CO 80202 require the use or installation of any public utilities. Caerus will utilize electrical power from existing generators operating at the Caerus Divide Road Water Treatment Facility. Caerus will install above-ground electrical lines to transfer electrical power to the N23 CDP. This will reduce emissions and noise at the CDP by utilizing an existing electrical source. 8.0) Section 7-107. ACCESS AND ROADWAYS. All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer. Caerus’s North Parachute Operations Area - Operational Access Road In accordance with Policy 01-14 Waiver for Roads and Demonstration of Compliance, Caerus requests a waiver for the Roadway and Design Standards, Section 7-107 of the Garfield County Land Use and Development Code for Caerus’s existing private access roads, hereby referred to as the network of existing North Parachute operations area access roads. Caerus is requesting a waiver to Standard 7-107 for route of existing operational access roads with the Parachute Ranch operations area. The Operational Access Road Waiver Request is provided in the Standards tab. Access and Roadways. Like many of the historical roadways in Garfield County, Caerus’s private access and roadways were established prior to the Garfield County’s roadway standards. Caerus’s roadways are maintained to provide safe access to sites and are inspected for stormwater compliance. Roadways were designed for oil and gas transportation vehicles and equipment. These roads are not intended for or allow public access. Caerus enforces reduced vehicular speeds and specific safety driving measures. All roads located on the subject parcel are maintained by Caerus and/or a contracted company to achieve optimal safety, including speed restrictions, regular road maintenance, dust controls, and snow maintenance. 9) Section 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. The proposed site is not located within flooding, radiation, high water table, avalanche or mud flow areas. A hazards assessment was conducted by Entrada Consulting Group and approved by a Professional Geologist. The Geologic Hazards Assessment is located in the Impact Analysis tab. 10) Section 7-109. FIRE PROTECTION. A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. BJU N23-496 Central Delivery Point Article 7: Standards - Division 1. General Approval Standards General Approval Standards Narrative Administrative Review Caerus Piceance LLC Garfield County, Colorado 6 | Page 1001 17th Street, Suite 1600 2022 Denver, CO 80202 The proposed site is located within the Grand Valley Fire Protection District. The site was designed to meet all requirements of the Grand Valley Fire Protection District. Caerus will maintain a weed and vegetation control perimeter to prevent wildfire from entering the site. The Grand Valley Fire Protection District will inspect the facility upon completion. B. Subdivisions. All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions. The standard “Fire Protection: Subdivisions”, Section 7-109 B. of the Garfield County LUDC, is not applicable to the proposed use. The site will be an industrial use and no division of land will occur. AL RESOURCE PROTECTION