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HomeMy WebLinkAbout6.03 Division 10 Standards NarrativeBJU N23-496 Central Delivery Point Article 7 – Section 1001 Industrial Use Industrial Use Narrative Administrative Review Caerus Piceance LLC Garfield County, Colorado 1 | Page 1001 17th Street, Suite 1600 2022 Denver, CO 80202 1) Introduction The following section addresses the requirements for Industrial Use of the Standards Additional Standards for Industrial Use under Article 7, Division 10 of the Garfield County Land Use and Development Code (LUDC). 2) Section 7-1001. INDUSTRIAL USE. These standards shall apply to all industrial uses: The N23 CDP shall meet all applicable industrial standards. 3) Section 7-1001.A. Residential Subdivisions. Industrial uses shall not occupy a lot in a platted residential Subdivision. The proposed industrial use, material handling, will be located on a parcel zoned Resource Lands – Plateau (RLP) and not located on a platted residential subdivision. The Location Map, Vicinity Map, and Zoning Figure are located in the Maps and Plans tab. 4) Section 7-1001.B. Setbacks. All activity associated with these uses shall be a minimum of 100 feet from an adjacent residential property line, unless the use is on an industrially zoned property. Existing use of adjacent property and neighboring properties are natural resources extraction, public lands, and agricultural. Adjacent parcels are zoned Resource Lands or Public Lands in Garfield County and zones Agricultural in Rio Blanco County. A residential property line is not adjacent to the site boundary. The proposed site is located 5369 feet from the nearest property line. No residential zoning or residential uses are adjacent to the proposed site boundary. No residential building units are located within one mile radius of the site. 5) Section 7-1001.C. Concealing and Screening. When an industrial use is not located on an industrial zoned property, all storage, Fabrication, service, and repair operations shall be conducted within an enclosed building or have adequate provisions, based on location and topography, to conceal and screen the facility and/or operations from adjacent property(s). The natural topography surrounding the site will conceal the facility from adjacent parcels. The facility will be located 5369 feet from the nearest property line. The location of the site is not in a high visibility area. The proposed site is located on a 9,333 acre parcel in an unpopulated, remote area. There are no homes within a one-mile radius of the site. The site location is remote, rural, and the site will not be visible to the public. The land surrounding the site is currently used for oil and gas natural production, limited agriculture activities, and public lands. Site photos are located in the Impact Analysis tab. BJU N23-496 Central Delivery Point Article 7 – Section 1001 Industrial Use Industrial Use Narrative Administrative Review Caerus Piceance LLC Garfield County, Colorado 2 | Page 1001 17th Street, Suite 1600 2022 Denver, CO 80202 4) Section 7-1001.D. Storing. 1. Materials shall be stored on the property in a form or manner that will not be transferred off the property by any reasonably foreseeable natural cause or force. 2. All products shall be stored in compliance with all national, State, and local codes. 3. Shall be a minimum of 100 feet from an adjacent property line. 4. Petroleum and hazardous products shall be stored in an impervious spill containment area(s). Materials will be securely stored to prevent materials leaving the site by any natural cause. All products will be stored securely and in compliance with national, State, and local codes. Hazardous products will not be stored or transported at this site. No chemicals or solvents will be stored within the site perimeter. Oil tanks will be located at the site and will be installed in secondary containment with 150% capacity. Caerus will develop a SPCC Plan within six months after beginning operations. SPCC compliance dates, as stated by the EPA, state for production facilities that an SPCC plan must be prepared and implemented within six months after beginning operations. 40 CFR § 112.3 - Requirement to prepare and implement a Spill Prevention, Control, and Countermeasure Plan. 40 CFR § 112.3 (a)(3)(b) If your oil production facility as described in paragraph (a)(1) of this section becomes operational after November 10, 2011, or as described in paragraph (a)(2) of this section becomes operational after November 10, 2010, and could reasonably be expected to have a discharge as described in §112.1(b), you must prepare and implement a Plan within six months after you begin operations. Storage will not occur within 100 feet of the adjacent property line. The facility will be located 5369 feet from the nearest property line. 5) Section 7-1001.E. Industrial Wastes. All industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and requirements of CDPHE. Flammable or explosive solids or gases and other hazardous materials including wastes shall be stored according to the manufacturer’s standards and shall comply with the national, State, and local fire codes and written recommendations from the appropriate local fire protection district. Hazardous materials will not be stored at the site. Natural gas will be transferred and separated at the facility. Oil tanks will be located at the site. All tanks, pipelines, flowlines, and separators will all be maintained and inspected per applicable industry regulations. Caerus will develop a SPCC Plan within six months after beginning operations. SPCC compliance dates, as stated by the EPA, state for production facilities that an SPCC plan must be prepared and implemented within six months after beginning operations. BJU N23-496 Central Delivery Point Article 7 – Section 1001 Industrial Use Industrial Use Narrative Administrative Review Caerus Piceance LLC Garfield County, Colorado 3 | Page 1001 17th Street, Suite 1600 2022 Denver, CO 80202 Depending on the waste characterization, waste will be disposed of at a permitted facility operated by Caerus or a third-party operated facility. Caerus will dispose of waste in manner consistent with Federal, State, and CDPHE requirements. Caerus will adhere 6) Section 7-1001.F. Noise. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC rules in regard to noise abatement. Nuisance from noise is not anticipated at the site. 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. Noise generated at the site will be similar to other oil and gas activities in the area. Generators or noise generating equipment will not be installed or operated at the site. 7) Section 7-1001.G. Ground Vibration. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property. Ground vibration will not be perceptible without instruments at any point on the property boundary line. The facility will be located 5369 feet from the nearest property line. 8) Section 7-1001.H. Hours of Operation. Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or as approved by the decision-making authority. 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. Construction and interim reclamation activities are anticipated to occur for 40 days. The site is not located in close proximity to any residences. The site is located in and adjacent to the Resource Lands zone district. Adjacent parcel land uses include natural resource activities, limited and public lands. No residential buildings, schools, or designated outdoor areas exist within one mile radius of the location. 9) Section 7-1001.I. Interference, Nuisance, or Hazard. Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property or that constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures, shall be exempted from this provision. BJU N23-496 Central Delivery Point Article 7 – Section 1001 Industrial Use Industrial Use Narrative Administrative Review Caerus Piceance LLC Garfield County, Colorado 4 | Page 1001 17th Street, Suite 1600 2022 Denver, CO 80202 The subject use, material handling, will not create nuisances or hazards to the public or adjacent properties. Heat, glare, radiation, or fumes will not be generated by operations at the N23 CDP. The proposed site has been designed to minimize any impacts to adjacent parcels. The site is located on a 9333-acre parcel in the RLP zone district, surrounded by natural resource activities. No residential buildings, schools, or designated outdoor areas exist within one mile radius of the location.