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HomeMy WebLinkAboutNotice PLANNER 11/17/2008 rX~ "'\ RECEIVED. AFFIDAVIT OF SERVICE STATE OF OREGON} . }ss. County of Lane } NOV 17.'2008 By: I!~ c!}; ~ { 0+ 1 ptl-Cj-t.S I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Tech~ician, I prepared and caused to be mailed copies of DAGZCOfS-Oco71 !LR1n ~ f)M.LJ.J.L)L- bwf .:::.~ (See attachment "A") on /I / } -; . 20 addressed to (see . 7'~ ~ Attachment B"}, by causing said letters to be placed in a U.S. mail box with , postage fully prepaid thereon. .. ~aJtJM._ ~tLJ~ ~R~N laFLEUR L/ )1 STATE OF OREGON, County of Lane ~Ol!f.rvJyA./ / '7 . 2008. Personally appeared the above named Karen LaFleur, Program Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: . J .. OFFICIAL SEAL . . .. . DEYETTE KELLY . .. NOTARY PUBLIC. OREGON . . COMMISSION NO. 420351 . MY COMMISSIO" EXPIRES AUG. 15,2011 1ifliL Kt //~ My Commission Expires: f/ls:/i (. CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 (54 I) 726-3759 NOTICE OF DECISION DRINKING WATER PROTECTION OVERLAY DISTRICT PERMIT Date of letter November] 7, 2008 Journal Number DRC2008-00071 Aoolicant Robin Howard Oregon Military Department 1776 Militia Way P.O. Box 14350 Salem, OR 97309_5047 Develooer Joe Gill Oregon Military Department 1776 Militia Way P.O. Box 14350 Salem, OR 97309-5047 Rea uest Approval is requested for construction of a new -13,450 fi' warehouse and office building on the Armed Forces Reserve Center site. The combined warehouseJoffice building will be used by the federal ,Bureau of Land Management and US Forest Service for storage of equipment and materials. Construction of the building, parking lot, site landscaping and driveways is to be done in accordance with an approved Site Plan (DRC2007- 00026). The property is located at 3110 Pierce Parkway in Springfield (Assessor's Map] 7-02-30-00, TL 1000), and the site is zoned and designated Light Medium Industrial (LMI). The 5 year Time of Travel Zone (TOTZ) - a reference contour on the City's wellhead protection maps - runs through the middle of the property. The subject building is located at the western edge of the site and lies entirely within the 1-5 year TOTZ for the Pierce wellhead. Therefore, for the purpose of this review, the building will be reviewed for compliance with the 1-5 year TOTZ regulations in accordance with Springfield Deve]opment Code (SDC) Section 3.3-235.8. BacklITound Nearly one hundred percent of Springfield's drinking water comes from wells. Springfield's drinking water supply and water quality protection is a critical part of Springfield's Drinking Water Protection Plan. A Drinking Water Protection (DWP) Overlay District application is required in conjunction with any development application when the development will affect the storage, handling, treatment, use andJor production of hazardous materials that, in aggregate, pose a risk to groundwater (SDC 3.3-205.B). A Site Plan modification application (DRC2007-00026) for the subject property was approved prior to submittal of the DWP permit. This DWP decision is a condition of site plan approval and final occupancy for the warehouse/office building. Decision Preliminary Plan Approval, with conditions, as of the date of this letter. Other Uses Authorized bv the Decision None. SUBNUTTALSTANDARDS SDC 3.3-225.D sets standards for review materials: I. A Hazardous Materia] Inventory Statement and a Material Safety Data Sheet for any or all materials entered in the Statement unless exempted under Section 3.3-230. Hazardous material ~eights shall be converted to volume measurement for purposes of determining amounts - 10 pounds shall be considered equal to I gallon in conformance with Uniform Fire Code 8001.15.]; 2. A list ofthe chemicals to be monitored through the analysis of groundwater samples and a monitoring schedule if ground water monitoring is anticipated to be required; 3. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of hazardous materials in quantities greater than the maximum allowable amounts as stated in 3.3-235.A; 4. A description of the primary and any secondary containment devices proposed, and, if applicable, clearly identified as to whether the devices will drain to the storm or sanitary sewer; 5. A proposed Hazardous Materia] Management Plan for the facility that indicates procedures to be followed to prevent, control, collect and dispose of any unauthorized release of a hazardous material; 6. A description of the procedures for inspection and maintenance of containment devices and emergency equipment; 7. A description of the plan for disposition of unused hazardous materials or hazardous material waste products over the maximum allowable amounts including the type of transportation, and proposed routes. APPROVAL STANDARDS Springfield Development Code 3.3-235.B sets the standards for 1-5 year TOTZs: I. The storage, handling, treatment, use, production or keeping on premises of more than 20 gallons of hazardous materials that pose a risk to groundwater in aggregate quantities is allowed only upon compliance with containment and safety standards specified by the most recent Fire Code adopted by the City. 2. Unless exempted, all hazardous materials that pose [a] risk to groundwater shall be stored in areas with approved secondary containment in place (UFC Articles 2 and 8003.1.3.3). 3. All new use of Dense Non-Aqueous Phase Liquids (DNAPLs) are prohibited. 4. Any change in the type of use or an increase in maximum daily inventory quantity of any DNAPL is considered a new use and is prohibited. 5. The following certain types of facilities or changes in chemical use andJor storage of hazardous materials that pose a risk to groundwater are prohibited: a. Hazardous material product pipelines used to transport the hazardous material off of the tax lot where it is produced or used; b. Injection wells. EXCEPTION: Dry wells for roof drainage; c. Solid waste landfills and transfer stations; d. Fill materials containing hazardous materials; e. Land uses and new facilities that will use, store, treat, handle andJor produce DNAPLs. 6. Requirements found in Uniform .Fire. Code Appendix II-E 3.2.6 for a monitoring program and 8003.1.3.3 for monitoring methods to detect hazardous materials in the secondary containment system shall be met for all amounts of hazardous materials that pose a risk to groundwater unless exempted. 7. Requirements found in Uniform Fire code Appendix II-E Section 3.2.7 for inspection and record keeping procedures for monthly in-house inspection and maintenance of containment and emergency equipment for all amounts of hazardous materials that pose a risk to groundwater shall be met unless exempted. STAFF FINDINGS AND CONDITIONS Submittal Standard~ Procedural Finding 1: The Applicant submitted a DWP Overlay District Development application addressing SDC 3.3-235 on October 1,2008. The application was deemed complete for the review ofa -13,450 fi' office/ warehouse building. Procedural Finding 2: The City of Springfield Planning Staff and Springfield Utility Board (SUB) Water Quality Protection Coordinator have reviewed the submitted materials. SUB Water Quality Protection will be conducting site inspections as necessary to ensure that any required secondary containment and spill protection measures are implemented. General Findin~ Finding 3: The 1-5 year TOTZ is highly susceptible to contamination from chemicals that may be spilled or leaked onto the ground surface. Special precautions, including the safe handling and storage of chemicals, will be required during construction and operations to prevent groundwater contamination. Any chemical spills or leaks must be cleaned up immediately and cleanup materials disposed off-site and in accordance with Lane County and Oregon Department of Environmental Quality (DEQ) requirements. In every case, care shall be taken to prevent groundwater contamination. Aoorova] Standards Finding 4: The nature of the proposed use for the warehouse/office building (ie. storage of materials and equipment for Bureau of Land Management and US Forest Service operations) will result in quantities and types of hazardous materials that require special handling, storage and secondary containment. The chemicals expected to be used or stored in the warehouse building include fuels such as diesel, gasoline and propane; pesticides; automotive fluids; lubricants; household cleaners; industrial cleaning agents; paint; degreasers; and fire suppression chemicals as described in the applicant's submittal. The applicant is proposing to construct a special hazardous materials building adjacent to the warehouse to contain fuel, lubricants, and gasoline-powered hand tools and equipment. The applicant has submitted a Hazardous Material Inventory Statement (HMIS), Hazardous Material Management Plan (HMMP), and Material Safety Data Sheets (M'SDS) for the chemical agents proposed for the building. Finding 5: To address the requirements of SDC 3.3-235.0 and the relevant sections of the Springfield Fire Code, the applicant shall implement containment and safety measures as may be required to protect groundwater. Finding 6: The applicant will be required to install Wellhead Protection signs at conspicuous locations on the site, particularly near the outdoor hazardous materials storage building. Standard signs are available from SUB Water Quality Protection at. a nominal cost. Please contact Chuck Davis, SUB Water Quality Program Coordinator, at (541) 744-3740 for more information. Finding 7: The applicant shall commit to training staff on the proper handling and storage of chemicals to be used and stored in the warehouse/office building, including provision for reporting and cleaning up spills, spill containment, safe materials handling, signage, and ongoing inspections. Finding 8: Similarly, the applicant shall commit to training staff on the proper handling and storage of chemicals and equipment to be stored in the hazardous materials building, including provision for reporting and cleaning up spills, spill containment, safe materials handling, signage, and ongoing inspections. Finding 9: All hazardous materials typically associated with operations and maintenance activities shall be stored with secondary containment as recommended by SUB Water Quality Protection and as approved by the Fire Marshal. Finding 10: The applicant is not proposing to use or store Dense Non-Aqueous Phase Liquids (DNAPLs) during normal operations. In the event there is a change of use for the building, storage or use of DNAPLs by future building occupants is also prohibited. Finding I ]: There are no anticipated operations that would be using or generating DNAPLs on the site. The applicant's MSDS sheets submitted on October 1, 2008 did contain one chemical suspected to have a DNAPL chemical (Bee Bopper II, MSDS #49). The Springfield Utility Board's DNAPL review of this chemical is still pending. No other chemical identified in the inventory was found to contain DNAPL chemicals. Finding 12: The applicant is not proposing any activities or facilities that are listed as prohibited in accordance' with SDC 3.3-235.8. Finding 13: The applicant is proposing to store hazardous materials in a self-contained storage building equipped with a floor grating and leak-proof spill containment sump. Inside the warehouse area, the applicant will be installing secondary containment measures as required to meet Fire. Code and SUB Drinking Water Protection requirements. Finding 14: The parking lot catch basins that will serve the development area are to be fitted with filter media to prevent deleterious materials from directly entering the stormwater drainage system and (eventually) the McKenzie river. However, the parking lot and outdoor landscaping areas are not designed with appropriate secondary containment for hazardous materials (such as shut-off valves or similar measures). Finding 15: Inspection and maintenance of the required secondary containment areas shall be in accordance with adopted Fire Codes. Finding 16: As proposed, no groundwater monitoring is required at this site. The Springfield Utility Board requests that when results are available for any water quality sampling of the emergency ground water well located on site, copies ofthose results be provided to the Springfield Utility Board. Conclusion: The above findings indicate that the warehouse/office use can be protected if the applicant follows the proposed groundwater protection measures in the project narrative, obtains necessary permits, instructs staff on proper use and handling of chemicals, and observes ongoing monitoring and inspection of containment measures. The following conditions of approval are applied for full compliance with the above standards of SDC 3.3- 235.B, SDC 3.3-225.D to F, and the Springfield Fire Code: CONDITIONS OF APPROVAL: I. All chemicals kept or used on-site must be consistent with those listed in the submitted MSDS sheets. 2. Approval of the DWP Permit is subject to the Drinking Water Protection Coordinator's andJor Springfield Fire Marshal's inspection of containment areas and safety equipment prior to Final Occupancy, or after initial operation as authorized by the Fire Marshal. 3. The applicant shall install Drinking Water Protection Area signage at a conspicuous location on the hazardous materials storage building and the warehouse building to inform staff and visitors of the importance of protecting the groundwater resource. 4. On an annual basis SUB must be provided with a list of all products added to the HMlS since the last su bmittal. 5. The applicant must maintain a current list of all DNAPL products that have been reviewed and/or eliminated from the HMIS. A log of these products should be kept so they are not re-introduced to the inventory. The log should include the product name, manufacturer, and DNAPL components. '6:c1Any product that is determined by SUB to contain DNAPLs rnust be permanently removed from the HMIS and from the facility. Ouestions Please call the Development Services Department at 726-3660 or Amy Chinitz at SUB Water Quality Protection (744-3745) if you have questions regarding this process. Preoared bv ~;f1< Planner II ,Jm UOtJDV4,Jj lL4fL/rJiN~ 5:t;u-rvl S o~ "G~ ~:;=::::~:;;;;:~~~"'-\ii: ~ 225 FIFTH STREET SPRINGFIELD, OR 97477 Joe Gill Oregon Military Department 1776 Militia Way PO Box 14350 Salem, OR 97309-5047 Robin Howard Oregon Military'Department 1776 Militia Way PO Box 14350 Salem, OR 97309-5047 t c...: ~J)~ ~ ~\3 ~.. 6