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HomeMy WebLinkAbout1.0 ApplicationO\oLSSON A SS OC I ATE S August 18, 201 O Fred Jarman , AICP Garfield County Building and Planning Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 SUBJECT: OXY USA WTP LP TEXT AMENDMENT APPLICATION Dear Mr. Jarman: Olsson Associates (O lsson) was contracted by Oxy USA WTP LP (Oxy) to provide land use permitting services associated with dri lling natural gas wells in Garfield County, Colorado. On behalf of Oxy, Olsson has prepared a Text Amendment application associated with temporary employee housing to support drilling operations. Please find the attached subm ittal requirements pursuant to Article 4-501 of the Unified Land Use Code. The purpose of the proposed text amendment is to allow the use of Minor Temporary Employee Housing Facilities located wholly on a "permitted site" to accommodate activities being conducted on another "permitted site". In addition to amendments associated with Minor Facilities , Oxy has included requested amendments to Article 7-808(0)(1) Major Temporary Employee Housing. The requested amendments are detailed under the Proposed Amendment tab of this appl ication. Am endments to the following sections are proposed in this application: Articl e 16 Defini tio ns -Temporary Employee Housing facility(ies); Article 7-808{D)(1) -Major Temporary Employee Housing Sta nd ards; Article 7-808(0)(2) -Minor Tem porary Employee Hou si ng Standards; If you or your staff has any questions regarding this application or if you require additional information , please contact me at 970-263-7800. Sincerely, Craig Richardson Permitting and Compliance Specialist Olsson Associates 826 21 Y2 Road Grand Junction, CO 81505 T E L 970.263.7800 FAX 970.263.7456 www .oaconsulting.com Ir v }> }> GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www oarfield countv com --\'CT f/-S-\D- REZONING: TEXT AM~NDMENT [Amendment to the text of the Unified Land Use Resolution of 2008 o r an Existing Planned unit Development GENERAL INFORMATION (Please print legibly) Name of Pro12ert}:'. Owner: OXY USA WTI? LI? Mailing Address : 760 Horizon Drive Suite 101 Telephone: (~)263-3637 }> City: Grand Junction State: co Zip Code: 81506 Cell:(~) 4122776 }> E-mail address: daniel_padilla®oxy . com FAX:(_) }> Name of Owner's Re12resentative, if an}:'., (Attorne}:'., P lan ner, Consultant, etc): }> Olsson Associ ates, Craig Richardson or Lorne l?resoctt }> Mail i ng Address: 826 21 iL2 Road Telephone: (229_) 263-7800 }> City: Grand Junction State: co Zip Code: 01505 Cell:(_) }> E-mail address: crichardson@oaconsulting.com FAX:(_) }> Specific Section of County Unified Land Use Resolution of 2008 or PUD to be amended: Article 7 -808 (D) (1) Article 7-808 (D) (2) Article 16, Temporary Employee Housing Definition / );> Purpose for the proposed text amendment: To allow use of Minor Tem2orary E!!!f!loyee Housing Facility located on a Eermitted site to accommodate operations located on a separate permitted site in the Resource lands zone district. Last Revised 12129108 I. APPLICATION SUBMITTAL REQUIREMENTS This Application applies to owners of real property in Galiield County who desire to 1} amend, add, or delete specific text in the County's Unified Land Use Resolution of 2008, or 2) amend, add, or delete text of an approved Planned Unit Development (PUD). As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Submit a cover letter containing a detailed narrative describing the proposed amendment to the specific text of the County Unified Land Use Resolution or to the text of an approved Planned Unit Development (PUD). This narrative should describe the overall purpose of the amendment and the specific sections to be amended. 2. Submit a copy of the deed, legal description, and copy of the County Assessor's Map of the real property, owned by the Applicant in Garfield County, which will be affected by such change. 3. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity." 4. Submit payment of the $300.00 base fee and sign the "Agreement for Payment" form and provide the fee with the application. 5. Please provide a response that demonstrates that the request meets the following criteria: a) Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed text amendment is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements affecting land use or development or an approved amendment to the Comprehensive Plan prior to the decision on the text change. b) Compliance with Statutory Provisions. The proposed text does not conflict with State statutory provisions regulating land use. c) Increased Hazards. The proposed use does not result in hazards or alter the natural environment to an extent greater than the other uses permitted in the zone district to which it would be added. d) Increased Nuisance. The proposed use does not create more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than that normally resulting from the other uses permitted the zone district to which it would be added. e) Compatibility. The proposed use is compatible with the uses permitted the zone district to which it would be added. 6. Vicinity map: An 8 1h x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3-mile radius of the subject property. The map shall be at a minimum scale of 1"::2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 7. A copy of the Pre-Application Conference form from the original Pre-Application Conference. 8. Submit 3 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. IL PROCEDURAL REQUIREMENTS The following outlines the process for amending the text of the Unified Land Use Resolution or an existing PUD pursuant to Section 4-202 of Article IV. 1. Submit Application, The application materials required for text amendment are set forth in Section 4-501 (D) and included above, 2. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4-103{C), Determination of Completeness. 3. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the application for consideration by the Planning Commission. a. Public hearing by the Planning Commission shall be held at the next regularly scheduled meeting of the Commission for which proper notice of hearing can be accomplished. b. Public notice of the hearing shall be published by the Director in a newspaper of general circulation in the County at least thirty (30) calendar days prior to the date of the public hearing. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the proposed text amendment and prepare a staff report. A staff report shall be prepared pursuant to Section 4-103 E. 5. Review and Recommendation by the Planning Commission. A proposed text amendment shall be considered by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing. a. Recommendation by Planning Commission. The Planning Commission shall recommend approval, modification or denial of the proposed amendment. 6. Schedule Public Hearing. The Director shall schedule the application for consideration by the Board of County Commissioners. a. Public hearing by the Board of County Commissioners shall be held within forty (40) calendar days of the date of the Planning Commission's recommendation. b. Public notice of the hearing shall be published by the Director in a newspaper of general circulation in the County at least thirty (30) calendar days prior to the date of the public hearing. 7. Review and Action by the Board of County Commissioners. Upon a public hearing conducted pursuant to Section 4~103 G, Conduct of Public Hearing, the Board of County Commissioners shall determine whether the text should be amended. a. Decision by Board. The Board of County Commissioners shall approve, modify or deny the proposed amendment. The Board shall direct that the Director make any such approved amendments to the text of this Land Use Code. b. Effective Date. Unless otherwise specified by the Board of County Commissioners, an approved amendment to the text of this Land Use Code shall become effective upon the date of the Board's approving the amendment. I have read the statements above and have provided the required attached information which is correct and accurate to t e best of my knowledge. f (Signature of Property Owner) GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be sobmitted with application) GARFIELD COUNTY (hereinafter COUNTY) and =o=x~Y_U~'S=A~W~T~P~L=P~------­ ____ Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Text A1ner1drnenL ___________________ (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) /oa?e Daniel Padilla Print Name Mailing Address: 760 Horizon Drive Suite 101 Grand Jt1nction, CO 81606 Page 4 S'I'Al'RMF.NT OF AUTHORITY Daniel I. Padilla, as Regu!a1ory Coordinator for OXY IJSA W'J'P LP, a Dela\varc lin1ited pannership {"OXY"), is authorized to act on behalf of, and rcprc.~cn! OXY in llll mutters related to applicotions for special u11e pern1it~, conditional use pcrn1its, adn1inistrativc permits, and la.n<l use change pcnnits (nnd may execute .~uch 11pplicu1ion.~) submitted lo Garfield CGunty, Co!orudo until such ti111e as OXY files of record a statement !hut Mr. Padlllu no longer ha.'l such nuthority. OXY acknuv:lcdge~ that when any such pennils <1re issued by Garfield County, Colorado, the County n1ay choose to file them of re;;ord and such permils 1nay cuntuln certain covenants thnt run \Vi!lt the particular lands identified in such pern1ils. OXY USA WTP LP By: OXY lJSA Inc .. its general partner Title: Vice President STATE OF TEXAS COUNTY OF 1'£ARRJS This instn1111cnl wns acknowledged tiefote 111e on this/lf!!-nay of Novc1nbcr, 2008, by Ilnrry !-h1ff1, Vic<! rrcsidcnl of OXY USA Inc., o. Delrnvnre corporation. on hch:1lf ofOXY IJ.SA WTP LP. a Deifnvure liniiled p<HlH~~rship, ~G.CJDdf No1ary Public, State of Texn~ ::_,,1r..J · .; r.-.~ !i.-6 )I~ o ..... > ),.,,r-~ •:::v·· /I, '•t.. 1( •',) S'I ;'°'-' f Amendment to Article 16, Temporary Employee Housing Facilitv(ies) Definition Current Definition Temporary Employee Hous ing F acility(i es). The use, during times of housing shortage, of Factory Built Nonresidential Structures [as defined under C.R.S. 24-32-3301 and Resolution #35 of the Colorado State Housing Board] and/or recreational vehicles (with the exception that Small Facil ities shall not include recreational vehicles per Article 7-808 (0)(3) as removable housing, utilized for a period of time not longer than one year (with exception to (3), below), for workers who are engaged in a commercial, industrial, mineral extraction or highway operation and who are needed onsite for the proper execution and safety of the re lated operation, including. 1) Small Facilities are occupied by eight (8) or fewer people at any given time on a "Permitted Site"; 2) Minor Facilities are occupied by nine (9) to twenty-four (24) people at any given time on a "Permitted Site",; 3) Major Facilities are occupied by twenty-five (25) or more people at any given time; or which have an occupancy of twenty-four (24) or less, but are not wholly located on a "Pe rmitt ed Si te"; or which are planned to be util ized for a period of time longer than one-year; or otherwise meet the requirements of Article 7- 808(0)(1). Such faci lities are either a use-by-right to a property or are subject to land use approval by means of either an administrative process or a public hearing process, under the circumstances, standards and requirements contained in Articles 7-808(0)(1), 7- 808(0)(2), or 7-808(0)(3) of this Land Use Code. Proposed Definition Temporary Employee Housing Facility(ies). The use, during times of housing shortage or m remote locations, of Factory Built Nonresidential Structures [as defined under C .R.S. 24-32-3301 and Resolution #35 of the Colorado State Housing Board] and/or recreational vehicles (with the exception that Small Facilities shall not include recreational vehicles per Article 7-808 (0)(3) as removable housing, utilized for a period of time not longer than one year (with exception to (3), below), for workers who are engaged in ,com mercial, industrial, mineral extraction or highway operation2 and who a_re _ supporting Jhe proper execution and safety of lb~ re lated operatlo_n21 including. 1) Small Facilities are occupied by eight (8) or fewer people at any given time on a "Permitted Site"; 2) Minor Facilities are occupied by nine (9) to twenty-four (24) people at any given ~ted: _a --~~----<J -~ted: needed onsile J time on a "Permitted Site"; J a . Minor Facilities wilhm the Rural, Residential-Suburban. Resident1a l- Urban, Residential·Manufactured Home Park, Commercial -Business. Commercial-Limited, Commercial-General. and Industrial zone districts shall be located on a Permitted Site and sha ll accommodate only people suppo1 l1ng operations at that Permitted Sfte. b. Minor Facilities within Resource Lands-Plateau zone district located on a Permitted Site may accommodate people supporting operations oH of that Permitted Site (e .g . on another COGCC approved oil/gas well pad) provrded {hat the Mir10rFac1lltv=compltes wilh the Minor Tcemporar11 Emp1r, ~ .· HnuS!n(') Standards idenl!fjed in Article 7-808 ID\ IZH!H!ft- t1mes ff 1· ~operato r of such a proposed racihly 1s not lhe surfacacwner [ =tihe 1a r 1d ,:in wh1ct1 the Minor Fac1l 1t 11! be.loca ed lhen:a:surface se greemen t 1SUAl demonstrmtng anthorizaliorrof such Minor Faci1L1y IN l be swface owner "Ot the land on which the Minor f;'ac1htv will be locateCJ is rer1u rr ed _ ~the Resource Lands -Escarpment. Talus Slopes and Gentle Slopes sub-zone districts shal l be located on a Permitted Site and shall accommodale on ly people supporting operations at that Permitted Site unless it can be demonstrated that the proposed facility is to be located a minimum of ten (10) mil es from the nearest mun icipal boundary. If this spacing requirement can be met. a Minor Facility located on a Permitted Site may accommodate people supporting operations off of that Permitted Sile (e.g at another COGCC approved oil/gas well pad) provided that the standards Identified in Article 7 -808 (0) (2) are complied with at all times . If the operator of such a proposed facility is not the surface owner of the land on which the Minor Facility will be located, then a surface use agreement (SUA) demonstrating authorization of such Minor Facility by the surface owner of the land on which the Minor Facility will be located is required. 3) Major Facilities are occupied by twenty-five (25) or more people at any given time ; or which have an occupancy of twenty-four (24) or less, but are not wholly located on a "Permitted Site"; or which are planned to be utilized for a period of lime longer than one-year; or otherwise meet the requirements of Article 7- 808(0)(1). Such facilities are either a use-by-right to a property or are subject to land use approval by means of either an administrative process or a public hearing process, under the circumstances , standards and requirements contained in Articles 7-808(0)(1), 7- 808(0)(2), or 7-808(0)(3) of this Land Use Code. Amendment To Article XVI, Section 16-101 , Mai or Temporary Housing Facilities Definition Current Definition Major Temporary Housing Faci l ities. Major Temporary Employee Housing Facilities shall have at least one of the following basic characteristics. 1) The Major Temporary Employee Housing Facilities or any associated infrastructure (including ISDS) ("Major Facility(ies)) is not completely contained within a State or Federally regulated parcel (such as a Colorado Oil and Gas Conservation Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetation standards are guaranteed by contract with the permitting agency; or, 2) The Major Facilities are to be located at the permitted site for more than a cumulative of one (1) year; or, 3) The Major Facility has an occupancy of twenty five (25) people or more who are employees , contractors or sub-contractors of the operator of the small facility and are needed for ons ite safety of the related commercial , industrial , extraction or highway operation. Proposed Definition Major Temporary Housing Facilities. Major Temporary Employee Housing Facilities shall have at least one of the following basic characteristics . 1) The Major Temporary Employee Housing Facilities or any associated infrastructure (including ISDS) ("Major Facil ity(ies)) is not completely contained within a State or Federally regulated parcel (such as a Colorado Oil and Gas Conservation Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetation standards are guaranteed by contract with the permitting agency; or, 2) The Major Facilities are to be located at the permitted site for more than a cumulative of one (1) year; or, 3) The Major Facility has an occupancy of twenty five (25) people or more who are employees , contractors or sub-contractors of the operator of the major: facility and are supporting, the proper execution and safety .pf the related commercial , industrial , extraction or highway operation~. Amendment To Article XVI , Section 16-101, Minor Temporary Employee Housing Definition Current Definition Minor Temporary Housing Facilities. Minor Permits shall have all of the following basic characteristics. 1) The Minor Temporary Employee Housing Facility and any associated infrastructure ("Minor Facility(ies)") must be completely contained within a state or federally permitted parcel (i.e. Colorado Oi l and Gas Conservation Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); and, 2) The Minor Faci lity is located at the Permitted Site for less than a cumulative of one (1) year; and, 3) The Minor Facility shall have an occupancy of nine (9) to twenty-four (24) people who are employees, contractors or sub-contractors of the operator and are needed for ons ite safety of the re lated commercial , industrial , extraction or highway operation. Proposed Definition Deleted: sm all Deleted: fo r Deleted: are needed for on site safety Minor Temporary Housing Facilities. Minor Permits shall have all of the following basic characteristics. 1) The Minor Temporary Employee Housing Facil ity and any associated infrastructure ("Minor Facility(ies)") must be completely contained within a state or federally permitted parcel (i.e. Colorado Oil and Gas Conservation Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); and, 2) The Minor Facility is located at g. Permitted Site for less than a cumulative of one (1) year; and, 3) The Minor Facility shall have an occupancy of nine (9) to twenty-four (24) people who are employees , contractors or sub-contractors of the operator and are supportinq Jhe proper execution and safety of the related commercial , industrial , extraction or highway operation ~. ( Deleted: lhe ·( Deleted: needed for onsl te Amendment To Article 7-808(0)(1) and (0)(2) Major Temporary Employee Housing Standards Current Language 1. Major Temporary Employee Housing Facilities ("Major Permit"): a. Al times of severe housing shortage. extremely remote locations or other emergency conditions, special use permits for Major Temporary Employee Housing Facilities in the nature of Factory Built Nonresidential Structures [as defined under C.R.S. 24-32- 3302(9)] and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor homo or camper trailer is being used for temporary living quarters and not recreational purposes] may be granted for projects within Garfield County relalcd to commercial, industrial, mineral extraction or highway operations of substantial size in any zone district by the County Commissioners through the special use permit process. Such housing shall be of a temporary nature. At the expiration of the permit, the lands shall be restored and all housing structures and associated infrastructure shall be ren1oved. Review of the permit shall be subject to Section 4-106 of this code, as a Major Impact permit All Major Impact Permits for Centralized Employee Housing/Major Temporary Employee Housing Facilities are subject to all applicable building code, state and federal permit requirements. tire protection district requirements and fire code requiremenis. Major Temporary Employee Housing Facilities shall have at least one of the following basic characteristics (Resolution 2010-26): {1) The Major Temporary Erriployee Housing Facilities or any associated infraslruc!ure (including !SOS) ("Major Facility(ies)) is not completely contained within a State or Federally regulated parcel (such as a Colorado Oil and Gas Conservalion Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetation standards arc guaranteed by contract with the permitting agency; or, (2) The Major Facilities are to be located at the permitted site for more than a cumulative of one (1) year; or, (3) The Major Facility has an occupancy of t\venty five (25) people or more who arc employees. contractors or sub·contractors of the operator of the small facility and are needed for onsite safety of the related commercial, industrial, extraction or highway operation_ b. Temporary Employee Housing Facilities having an occupancy of 24 or fe•ver people at any one given time, will be on location for less than a cumulative of one {1) year and are completely contained within a stale or federally permi!led parcel (i.e. "Minor Facilities" or "Small Facilily") are subject to the administrative review process contained in Seclion 4-104 of this code. c. Major Impact Permits for Major Facilities: The Temporary Employee Housing Operator shall submit an adequate site plan, consistent with Section 4-502 (C)(3) of this code. (1) Water and wastewater systems proposed to service temporary employee housing must comply with all applicable state and local laws and regulations. In addition, all sewage must be disposed of on-site using an Individual Sewage Disposal System (ISDS) unless the Temporary Employee Housing Operator can prove: (a) That, at the discretion of the Garfield County Board of Health, an ISDS system is not feasible due to environmental, topographic or engineering conditions where the temporary housing is to be located; or (b) That, at the discretion of the Garlield County Board of Health, year- round access is available and maintained for safe and regular access for sewage hauling vehicles. In addition, the following conditions must be met: The Temporary Employee Housing Operator must demonstrate and guarantee an arrangement for hauling sewage; and 1) The Temporary Employee Housing Operator must maintain all records including but not limited lo trip logs/reports and landfill receipts; and 2) All sewage disposal records must be maintained as public records to be available to the County and/or any other interested third party upon request; and 3) The temporary housing must not exceed a cumulative of one (1) year at an approved location. 4) Those facilities shall be designed to accommodate 75 gallons of wastewater per person per day. 5) !f the total waste production from a facility will be 2000 gallons per day or grealer based on a production of 75 gallons of wastewater generation per person per day, then the facility shall be serviced by an ISDS. Hauled sewage and vvastewater service shall not be permitted for any facility which will generate a total of 2000 gallons of wastewater and sewage per day. (2) For sites where potable water is hauled lo and wastewater is hauled out, Temporary Employee Housing Operators must keep appropriate records, to be provided lo the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. For water facilities not permilted by the Colorado Department of Health and Environment (CDPHE, the operator must conduct rnonthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of potable water samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. Waler systems facilities permitted by the Colorado Department of Health and Environment (CDPHE) 1nust obtain all necessary state permits prior to the scheduling of a Major Impact Permit for Temporary Employee Housing public hearing and maintain continuous conformance to state regulations at all lirnes during operation of the Major Facility. (3) In no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface. (4) Major Impact Permits for Major Facilities must be related to one or more commercial, industrial, mineral extraction or highway operation locations and shall be limited to a spacing of at least one (1) mile bet~veen Major Facility(ies), regardless of land ownership or operator. Major Impact Permits for Ten1porary Employee Housing Facilities for oil and gas extraction purposes in the Resource lands (RL) zoning district may be exempted by the BOCC from the one mile spacing if the operator can prove that the housing structures and all supporting infrastructure will be contained within lhe Colorado Oil and Gas Commission (COGCC) approved well pad and there will be no new additional land disturbance outside of the COGCC approved well pad area. If the Temporary Employee Housing Operator is applying for a Major hnpact Permit for Major Facility(ios) on an approved COGCC well pad, the Temporary Employee Housing Operator must provide the relevant approved APO permit indicating housing location(s) along with the application for a Major Impact Permit for Major Facility(ies). (5) The maximum allowable time length of the Major Impact Penni! for Major Temporary Employee Housing facilities is one (1) year. For good cause shown, the permit may be renewed annually in a public meeting with notice by agenda only. Annual renewal review shall be based on the standards herein as well as all conditions of the perrni!. A permit may be revoked anytime through a public heating called up by staff or the Board of County Commissioners. By way of example and not limitation, conlinued non-availability of a permanent housing inventory or the nature of the construction or extraction project may constitute "good cause" for renewal. The Temporary Employee Housing Operator must provide an estimated total cumulative length of time the Major Facility(ies) \'Viii be at the proposed location along with a slatement of intentions to request renewal past the one year expiration date as part of the Major Impact Permit for Major Facilities application. Failure to provide a statement of intention for renewal will prohibit the Major Impact Permit tor Major Facility(ies) permit from future renewal consideration. (6) Temporary housing shall be located at a site authorized by the Board of County Commissioners and identified on the relevant site plan submitted with the Major Impact Permi! for Major Facility{ies) Inhabitants of the Major Facility shall be Temporary Employee Housing Operator's employees and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. (7) Major Facilities shall be maintained in a clean. safe and sanitary condition, free ot weeds and refuse. Any hazardous or noxious 1nateriats that must be stored on site for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations_ {a) Fire Protection General Requirements: 1) Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning fire apparatus, sheriff's office and resident employees. All fires are subject to §307 of the 2003 International Fire Code (IFC) including but not limited to permits, altendanco, opon fires, coal grills, fire bans and bonfires. One {1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (Class A, Class Band Class C), carbon dioxide or dry chemical, shall be located in an open station so that it v1ill not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. A \Valer storage tank shall be required to provide water to the sprinkler syslem and initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and initial suppression demands. 2) Manufactured home or recrealional vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system, and/or alarm system shall be inspected, lested, and maintained in accordance with 2003 IFC §901.4 and §901.6 and as required by the relevant fire protection district(s). Srnoke alarms and manual fire alarm systems shall be installed, inspected and maintained in all other manufactured home or recreational vehicle unils in accordance with 2003 International Fire Code (IFC) §907.2.9 and §907.2.10 and the requirements of the relevant fire protection districts_ 3} Single-station carbon monoxide alarms shall be placed in each manufactured home or recreational vehicle unit. b) Wildlife proof refuse containers must be provided for trash. Al least one thirty (30) gallon (4 cubic feet) container shall be provided for each unit or the equivalent in a central trash collection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. Refuse shall be disposed of not less than once weekly. c) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Major Facility(ies)site are provided. d) The Temporary Employee Housing Operator shall provide a detailed map and GPS coordinates to the Garfield County Sheriff's Office and the relevant Fire Pro!ection District which is sufficient for emergency response purposes, including location of the temporary employee housing site; private and public roadways accessing the site, marked as open. gated and/or locked; and detailed directions to the site frorn a major public right-of-way. The map is subject lo approval by tho Garfield County Sheriff's Office and relevant Fire Protection District. (B) If structures. requiring Building Permits under the Garfield County Building Code, are constructed for the commercial, industrial, highway project or mineral extraction operation related to the Major Impact Permit for Major Facilities, upon expiration or revocation of the permit Certificates of Occupancy for such structures shall be withheld until the temporary living quarters arc removed and the site is restored to the satisfaction of the County Building and Planning Director. (9) If a Major Impact Permit for Major Facilities is granted, the Temporary Employee Housing Operator shall notify the county when site development begins. The Temporary Employee Housing Operator shall verify in writing, by site plan and through photo documentation that the site, water system, and sewage disposal system were designed, installed and inspected in accordance with !he said Limited Impact permit and comply with all applicable regulations. permits, and conditions. All written documentation and site plans verifying compliance must be stamped by a certified Colorado Engineer. The county also reserves the right to inspect a site, without notice, to assess compliance with the Major Impact Permit for Major Facilities. A determination of noncompliance with any Major Impact Permit for Major Temporary Employee Housing Facilities, or condition approval thereof, is grounds for revocation or suspension of said permit. (10) If there is suitable permanent housing inventory available in an area near the commercial, industrial, highway project or mineral extraction operation, as determined at tho discretion of the BOCC, the Major Impact Permit for Major Temporary Employee Housing Facililies shall not be granted. (11) No animals shall be allowed at Major Temporary Employee Housing Facilities or on Permitted Sites. (12) In evaluating a request for a Major Impact Permit for Major Temporary Employee Housing Facilities, the County Commissioners may require compliance with additional conditions of approval as may be needed to ensure the health, safety and welfare of the public. (13) The Temporary Employee Housing Operator shall submit as part of the Major Impact Permit for Major Temporary Employee Housing Facilities, a reclamation and revegetation plan for each specific site. a) Debris and waste materials, including, but not limited to structures, concrete, footings, sewage disposal systems and related infrastructure, water storage and related distribution infrastructure. roads, and other sand, plastic. gravel, pipe and cable shall be removed. All pits, cellars, and other holes will be backfilled as soon as possible after all equipment is removed to conform to surrounding terrain. All access roads to the site and associated facilities shall be closed, graded and reconloured. Culverts and any other obstructions that were part of the access road(s) shall be removed. Upon closure of a camp facility, wastewater tanks shall be completely pumped out and either crushed in place, punctured and tilled with incri material or removed. Any waste material pumped from a wastewater tank or vvaste debris from tank removal must be disposed of at an approved facility that is permitted by COPHE and/or Garfield County to receive said wastes. Materials may not be burned or buried (other than ISDS) on the premises. All disturbed areas affected by Major Temporary Employee Housing Facilities or subsequent operations shall be reclaimed as early and as nearly as practicable to their original condition and shall be maintained to control dust, weeds and minimize erosion. As lo crop lands, ii subsidence occurs in such areas additional topsoil shall be added to the depression and the !and shall be re-leveled as close to iis original contour as practicable. Reclamation shall occur no later than three (3) months after the Major Impact Permit for Major Temporary Employee Housing Facilities expires or is revoked unless the Director or designee extends the time period because of conditions outside the control of the Temporary Employee Housing Operator. b} All areas compacted by Major Temporary Employee Housing Facilities site and subsequent operations shall be cross-ripped. On crop land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below thirty· five percent (35°/o) of field capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is encountered at a shallower depth. c) When a Major Temporary Employee Housing Facilities site is removed, a!I disturbed areas will be restored and revegetated as soon as practicable. For disturbed areas not regulated by the Colorado Oil and Gas Conservation Commission, the following regulations will apply: 1) Revegetation of crop lands. All segregated soil horizons removed from crop lands shall be replaced to their original relative positions and contour, and shall be tilled adequately to re- establish a proper seedbed. The area shall be treated if necessary and practicable to prevent invasion of undesirable species and noxious weeds, and to control erosion. Any perennial forage crops that were present before disturbance shall be reestablished_ 2) Revegetalion of non-crop lands. All segregated soil horizons removed from non-crop lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long-term stability, and shall be tilled adequately in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season. Reseeding with species consistent with the adjacent plant community is encouraged. tn the absence of an agreement between the T ernporary Employee Housing Operator and the affected surface owner as to what seed mix should be used, the Temporary Employee Housing Operator shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating the disturbed area. d) During occupation and reclamation operations, all disturbed areas shall be kept free of Garfield County and State of Colorado List A and B noxious weeds. e) Successful reclamation of the site and access road will be considered completed when: 1) On crop land, reclamation has been performed as per 11 (c)(1) of this section, and observation by the Director or designee over two growing seasons has indicated no significant unrestored subsidence_ 2) On non"crop land, reclamation has been performed as per 11{c)(2) of this section, and the total cover ot live perennial vegetation, excluding noxious weeds, provides sufficient soils erosion control as determined by the Director through a visual appraisal. The Director or designee shall consider !he total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canopy cover, having similar soils, slope and aspect of lhc reclaimed area. 3) A final reclamation inspection has been completed by the Director or designee, there are no outstanding compliance issues relating to Garfield County rules, regulations, orders or permit conditions, and the Director or designee has notified the Temporary Employee Housing Operator !hat final reclamation has been approved. f) Specifically as to revegetation, lhe Temporary Employee Housing Operator shall provide security for revegetation of disturbed areas in amount and in accordance with a plan approved by the Garfield County Vegetation Management Department The security shall be held by Garfield County until vegetation has been successfully reestablished according to the standards in the Garfield County Vegetation Management Plan adopted by resolution No. 2002-94, as amended. Major Temporary Employee Housing Standards Proposed Language 1. Major Temporary Employee Housing Facilities ("Major Permit"): a. Al times of severe housing shortage, extremely remote locations or other emergency conditions, special use permits for Major Te1nporary Employee Housing Facilities in the nature of Factory Built Nonresidential Structures [as defined under C.R,S. 24-32- 3302(9)] and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addi!ion that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and nol recreational purposes] may be granled for projects vvithin Garfield County related to commercial, industrial, mineral extraction or highway operations of substantial size in any zone district by tho County Commissioners through the special use permit process_ Such housing shall be of a temporary nature. At the expiration of the permit, the lands shall be restored and all housing structures and associated infrastructure shall be removed. Review of the permit shall be subject to Section 4-106 of this code. as a Major Impact permit. Al! Major Impact Permits for µajor Temporary Employee Housing Facilities arc subject to all applicable building code, state l Deleted: Centralized Cmployoo ~l\\J~mg/ --------,. ---- and federal permit requirements, fire protection district requirements and fire code requi rements. Major T emporary Employee Housing Facilities shall have at least one of the following basic characteristics (Resolution 2010-26): (1) The Major Temporary Employee Housing Facilities or any assoc iated infrastructure (including ISDS) ("Major Facility(ies)) is not completely contained within a State or F ederally regulated pa rcel (such as a Colorado Oil and Gas Conservat ion Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetalion standards are guaranteed by contract w ith the permitting agency; or, (2) The Major Faci lities are to be located at the permitted s ite for m o re than a cumulative of one (1) year; or, (3 ) The Major Facility has an occupancy of twenty five (25) people o r more who are employees, contractors or sub-con1ractors of the operator of the J!!.filQLfacility and are supportinq the proper execution and,eafety of the related commercial , industrial , extraction or highway operation§. b. Certain Temporary E mployee Housing Facilities having an occupancy of 24 or fewer people at any one given time, will be on location fo r less than a cum ulative of one (1) year and are completely contained within a state or federally permitted parcel (i.e. "Minor Facilities':) are subject to the Mlno1 Temporary Employee Housing Facility administrative review process contained in Section 4-.108 oJ !Iii~ 9ode. c. Major Impact Permits for Major Facilities: The Temporary Employee Housing Operator shall submit an adequate site plan , consistent with Sect ion 4-502 (C)(3) of this code . (1) Water and wastewater systems p roposed to service tempo rary employee housing must comply with all applicable state and local laws and regulat ions . In addition , all sewage must be disposed of on-site using an Individual Sewage Disposal System (ISDS) unless the Temporary Employee Housing Operator can prove: (a) That, at the discretion of the Garfield County Board o f Health, an ISDS system is not feasible due to environmental, topographic or engineering conditions where the temporary housing is to be located; o r (b) That , at the discretion of the Garfie ld County Board of Health, year- round access is available and maintained for safe and regular access for sewage hauling vehicles. In addition , the following conditions must be met: T he Temporary Employee Housing Operator must demonstrate and guarantee an arrangement for hauling sewage; and 1) The Temporary Employee Housing Operator m ust maintain all records including but not lim ited to trip logs/reports and landfill receipts ; and 2 ) All sewage disposal records must be maintained as public records to be available to the County and/or any other interested third party upon request; and ,- Deleted : small Deleted : frir Delet ed: needed for onsite ....._ Delet ed : or ·small Faci lity" =j -Deleted : 104 ....____ I J ·ktc "" /-v.<.<l_ 3) Th e temporary housing must not exceed a cumulative of one V \J (1) year at an approved location . /, ~t •"Lt1i'el<k:t 4) These facilities shall be des igned to accommodate 75 gallons CY.k. f{J A-, r r?nre.J>/ of wastewater per person per day or in an amount derived from • · ~ ;;t V'l/ en ineered ca culation take from metered usa e rates at a ~v.1 ·7( \.(_ C ,, .L.. simi larfacilit . · ~~11o-~ 'i>~, ' fwwr. 5) If the total waste production from a facility il l b 000 gallons \e ~.s-+' per day o~r based on a production of 75 gallons~ v~cu,1.. ®giJ]tered.calCO\@Metes4 of _wastewater generation per person ;S~ per day, then the facil~all be serviced by an IS@S. Hau ~ sewage and wastewater service shall not be permitftd-ter any f U ""4T facility which will generate a total of 2000 gallons of wastewater ( 11 and sewage per day. '~VI. '-f ~ -~ °&-\-e<AM \QV'Cl (o~I ~:€.1 rv~~io (!)-0 9c\.l.> I '(l'A cLH .. .-LJ ~~c~~o (2) For sites where potable water is tiauled to and wastewa\er 1s haUled out, Temporary Emp loyee Housing Operators must keep appropriate records , to be provided to the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. For water facilities not permitted by the Colorado Department of Health and Environment (CDPHE , the operator must conduct month ly tests (or quarterly if an on-site disinfection system is installed) and maintain records of potab le water samples specific for coli form . Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. Water systems facilities permitted by the Colorado Department of Health and Environment (CDPHE) must obtain all necessary state permits or demonstrate that appli cat ion s for any necessary permits have been submitted prior to the , _ __....._ scheduling of a Major Impact Permit for Temporary Employee Housing public hearing and maintain continuous conformance to state regulations at al l times during operation of the Major Faci lity . (3) In no case shall unsafe water be used for drinki ng nor shall raw sewage or used water be discharged on the ground surface. (4) Major Impact Permits for Major Faci lities must be related to one or more commercial , industrial, mineral extraction or highway operation locations and shall be limited to a spacing of at least one (1) mile between Major Facility(ies), regard less of land ownership or operator. Major Impact Permits for Temporary Employee Housing Facilities for oil and gas extraction purposes in the Resource Lands (RL) zon ing district may be exempted by the BOCC from the one mile spacing if the operator can prove that the housing structures and all supporting infrastructure wil l be contained within 9. Co lorado Oil and Gas Commission (COGCC) approved wel l pad and there will be no new additio nal land disturbance outside of 9. COGCC approved well pad area. If the °I~ll)E?~r_?ry ____ _ Employee Housing Operator is applying for a Major Impact Permit for Major Facility(ies) on an approved COGCC well pad , the Temporary Employee Housing Operator must provide the relevant approved APO permit .,a long with the application for a Major Impact Permit for Major Facility(ies). (5) The maximum al lowable time length of the Major Impact Permit for Major Temporary Employee Housing facilities is one (1) year. For good cause shown , the permit may be renewed annually in a public meeting with notice by agenda Co HJ 171 Q t~ 7T::l r~"'-" ~ /fp1to .JAA_.. ( Del et ed: lhe [ Deleted: the Del eted: in dicating housing locati on(s) only. Annual renewal review shall be based on the standards herein as well as all conditions of the permit. A permit may be revoked anytime through a public hearing called up by staff or the Board of County Commissioners. By way of example and not limitation, continued non-availability of a permanent housing inventory or the nature of the construclion or extraction project may constitute "good cause" for renewal. The Temporary Employee Housing Operator must provide an estimated total cumulative length of time the Major Faci!ity(ies) will be at the proposed location along with a statement of intentions to request renewal past the one year expiration dale as part of the Major Impact Permit for Major Facilities application. Failure to provide a statement of intention for renewal wlll prohibit the Major Impact Permit for Major Facili1y(ios) permit from future renewal considerat'ton. (6) Temporary housing shall be located at a site authorized by the Board of County Commissioners and identified on the relevant site plan submitted with the Major Impact Permit for Major Faci!ity(ies) Inhabitants of the Major Facility shall be Temporary Employee Housing Operator's employees and/or subcontractors, working on the related construction or mineral extraction operation. and not dependents of employees, guests or other family members. (7) Major Facilities shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. (a) Fire Protection General Requirements: 1) Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning lire apparatus, sheriff's office and resident employees. All fires are subject to §307 of the 2003 International Fire Code (IFC) including but not limited to permits, attendance, open fires, coal grills, fire bans and bonfires. One (1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (Class A, Class Band Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. A water storage tank shall be required to provide water to the sprinkler system and initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and initial suppression demands. 2) Manufactured home or recreational vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection systern, and/or alarm system shall be inspected, tested, and maintained in accordance with 2003 IFC §901.4 and §901.6 and as required by the relevant fire protection districl(s). Smoke alarms and manual fire alarm systems shall be installed, inspected and maintained in all other manufactured home or recreational vehicle units in accordance with 2003 International Fire Code (IFC) §907.2.9 and §907.2.10 and the requirements of the relevant fire protection districts. 3) Single-station carbon monoxide alarms shall be placed in each manufactured home or recreational vehicle unit. b) Wildlife proof refuse containers must be provided for trash. At least one thirty (30) gallon (4 cubic feet) container shall be provided for each unit or the equivalent in a central trash collection facility. Said contalner(s) must bo durab!o, \l\/ashablc, non-absorbent metal or plastic ~vith tighl·fi!ling lids. Refuse shall be disposed of not less than once weekly. c) Outdoor food storage is prohibited unless facilities Iha! prevent the attraction of animals to the Major Facility(ies)stte are provided. d) The Temporary Employee Housing Operator shall provide a detailed map and GPS coordinates to the Garfield County Sheriff's Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the temporary employee housing site; private and public roadways accessing the site, marked as open, gated and/or locked; and detailed directions to the site from a major public right-of-way. The map is subject to approval by tho Garfield County Sheriff's Office and relevant Fire Protection District. (8) If structures, requiring Building Permits under the Garfield County Building Code, are constructed for the commercial. industrial. highway project or mineral extraction operation related to the Major Impact Permit for Major Facilities, upon expiration or revocation of the permit Certificates of Occupancy for such structures shall be withheld until the temporary living quarters are removed and tho site is restored to the satisfaction of the County Building and Planning Director. (9) If a Major Impact Permit for Major Facilities is granted, the Temporary Employee Housing Operator shall notify the county when site development begins. The Temporary Employee Housing Operator shall verify in writing, by site plan and through photo documentation that the site, water system, and sewage disposal system were designed, installed and inspected in accordance with the said Limited Impact permit and comply v;ith all applicable regulations, permits, and conditions. All written documentation and site plans verifying compliance must be stamped by a certified Colorado Engineer. The county also reserves the right to inspect a site, without notice, to assess compliance with the Major Impact Permit for Major Facilittes. A determination of noncompliance with any Major ln1pact Permit for Major Temporary Employee Housing Facilities, or condition approval thereof, is grounds for revocation or suspension of said pemlil. (10) If there is suitable pormancnt housing inventory available in an a1·ca near the commercial, industrial, highway project or mineral extraction operation. as dctormincd at the discretion of the BOGG, the Major Impact Permit for Major Temporary Employee Housing Facilities shall not be granted. (11) No animals shall be allowed at Major Temporary Employee Housing Facilities or on Permitted Sites. (12) In evaluating a request for a Major Impact Permit for Major Temporary Employee Housing Facilities, the County Comrnissioners may require compliance with additional conditions of approval as may be needed to ensure the health, safety and welfare of the public. (13) The Temporary Employee Housing Operator shall submit as part of the Major Impact Permit for Major Temporary Ernployee Housing Facilities, a reclamation and revegetalion plan for each specific site. a) Debris and waste materials, including, but not limited to structures, concrete, footings, sewage disposal sys!ems and related infrastructure, water storage and related distribution infrastructure, roads, and other sand, plastic, grave!, pipe and cable shall be removed. All pits, cellars, and other holes will be backfilled as soon as possible after all equipment is removed to conform to surrounding terrain. Al! access roads to the site and associated facilities shall be closed, graded and recontoured. Culverts and any other obstructions that were part of the access road(s) shall be removed. Upon closure of a camp facility, wastewater tanks shall be completely pumped out and either crushed in place, punctured and filled with inert ma!erial or removed. Any waste 1naterial pumped from a wastewater tank or waste debris trom tank removal must be disposed of at an approved facility that is permitted by CDPHE and/or Garfield County to receive said wastes. Materials may not be burned or buried (other than ISDS) on the premises. All disturbed areas affected by Major Temporary Employee Housing Facilities or subsequent operations shall be reclaimed as early and as nearly as practicable to their original condition and shall be maintained to control dust, weeds and minimize erosion. As to crop lands, if subsidence occurs in such areas additional topsoil shall be added to the depression and the land shall be re~leveled as close to its original contour as practicable. Reclamation shall occur no later than three (3) months after the Major Impact Permit for Major Temporary Employee Housing Facilities expires or is revoked unless the Director or designee extends the time period because of conditions outside tho control of the Temporary Employee Housing Operator. b) All areas con1pacted by Major Temporary Employee Housing Facilities site and subsequent operations shall be cross-ripped. On crop !and, such compaction alleviation operations shall be undertaken when tho soil moisture at the time of ripping is below thirty-five percent (35°/o) of field capacity. Ripping shall be undertaken to a deplh of eighteen (18) inches unless and to the extent bed rock is encounlered at a shallower depth. c) When a Major Ten1porary Employee Housing Facilities site is removed, all disturbed areas will be restored and revegelated as soon as practicable. For disturbed areas not regulated by the Colorado Oil and Gas Conservation Commission, lhe fo!lo1;ving regulations will apply: 1) Revegetation of crop lands. All segregated soil horizons removed from crop lands shall be replaced lo their original relative positions and contour, and shall be tilled adequately to re- establish a proper seedbed. The area shall be treated if necessary and practicable lo prevent invasion of undesirable species and noxious weeds, and lo control erosion. Any perennial forage crops that were present before disturbance shall be reestablished. 2) Revegetation of non-crop lands. All segregated soil horizons removed from non-crop lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long-term stabilily, and shall be tilled adequately in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season. Reseeding with species consistent vl'ith the adjacent plant community is encouraged. In the absence of an agreement between the Temporary Employee Housing Operator and the affected surface o~vner as to what seed mix should be used, the Temporary Employee Housing Operator shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetaling the disturbed area. d} During occupation and reclamation operations, all disturbed areas shall be kept free of Garfield County and Slate of Colorado List A and B noxious weeds. e) Successful reclamation of the site and access road will be considered completed when: 1) On crop !and, recla1nation has been performed as per i 1(c)(i) of this section, and obseNation by the Director or designee over two growing seasons has indicated no significant unrcs!ored subsidence. 2) On non-crop land, reclamation has been performed as per 11 (c)(2) of this section, and the total cover of live perennial vegetalion, excluding noxious weeds, provides suificient soils erosion control as determined by the Director through a visual appraisal. The Director or dcsignee shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed land. not including overstory or tree canopy cover, having similar soils, slope and aspect of the reclaimed area. 3) A final reclamation inspection has been completed by !he Director or designee, there are no outstanding compliance issues relating to Garfield County rules, regulations, orders or permit conditions, and the Director or designee has notified the Temporary Employee Housing Operator that final reclamation has been approved. f) Specifically as to revegelation, the Temporary Employee Housing Operaior shall provide security for rcvegetation of disturbed areas in amount and in accordance with a plan approved by the Garfield County Vegetation Management Department. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the standards in the Garfield County Vegetation Management Plan adopted by resolution No. 2002-94, as amended. Minor Temporary Employee Housing Standards Current Language 2. Minor Temporary Employee Housing Facilities ("Minor Permit"): a. Minor Temporary Employee Housing Facilities, in the nature of Factory Built Nonresidential Structures [as defined under C.R.S. 24-32-3302(a}] and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposes], may be granted land use approval for projects related to commercial, indus!rial and mineral extraction operations by the Building and Planning Department Director (Director), through the Minor Permit process. Such housing shall be of a temporary nature, and at the expiration or other termination of the Minor Permit, all structures, foundations and associated infrastructure shall be completely removed. Such facilities are subject to all applicable requirements of Garfield County building and fire codes (building code, fire code), stale and federal permits and relevant fire protection district(s) fire code requirements. Minor Permits shall have all of the following basic characteristics: 1) The Minor Temporary Employee Housing Facility and any associaled infrastructure ("Minor Facility(ies)") must be completely contained within a state or federally permitted parcel (i.e. Colorado Oil and Gas Conservation Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency {Permitted Site); and, 2) The Minor Facility is located at tho Pcrmilled Sile for less than a cumulative of one (1) year; and, 3) The Minor Facility shall have an occupancy of nine (9) to twenty-four (24) people who are employees, contractors or sub-contractors of the operator and are needed tor onsite safety of the related commercial, industrial, extraction or highway operation. Temporary employee housing facilities that do not have the three characteristics listed above, i.e., have an occupancy of B or fewer people or 25 or more people. on location for n1ore than a curnulative of ono {1) year or not completely contained within a Permitted Site, i_e. "Small Facility" or "Major Facility", are subject to the special use review process and standards and requirements contained in Article 7-808(0){1-3) and the enforcement provisions of Article 12. b. The Minor Facility shall adhere to the following Minor Permit standards: 1) Minor Facilities must comply with all applicable federal, state and local laws and regulations. 2) Operator must keep and maintain appropriate records. to be provided to the County or any interested third party upon request, to demonstrate that potable water supplied and sewage and \'tastewater meet lhe representations contained within the application, as required. 3) In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. The operator shall conducl monlhly tests (or quartel1y if an on-site disinfection system is installed) and maintain records of potable water samples specific for coli form bacteria. Any tests indicating coli form contamination must be disclosed to the Gartield County Board of Health or designee within 72 hours from the time the contaminated water was tested. 4) Minor Facilities shall be maintained in a clean, safe and sanitary condition, lree of weeds and refuse. Any hazardous or noxious materials that must be stored al the Minor Facility for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. 5) At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be provided for each factory built nonresidential structure or recreational vehicle unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. 6) Refuse shall be disposed of weekly, at a minimum. Operators must keep appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that refuse is collected in a timely fashion and disposed of at a licensed facility. 7) Outdoor food storage is prohibited unless facililies that prevent the attraction of animals to the Minor Facility are provided. 8) Factory built nonresidential structures or recreational vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system, and/or alarm system shall be inspected. tested, and maintained in accordance with 2003 JFC §901.4 and §901.6 and as required by the relevant fire protection district(s). Smoke alarms and manual fire alarm systems shall be installed, inspected and maintained in all other factory built nonresidential structures or recreational vehicle units in accordance with 2003 International Fire Code (IFC) §907.2.9 and §907.2.10 and the requirements of the relevant fire protection districts. 9) Single-station carbon monoxide alarms shall be placed in each factory built nonresidential structure or recreational vehicle unit. 10) One (1) or more approved fire extinguisher(s) of a type suitable for flammable liquids, combustible materials and cleclrica! fires (Class ABC), or dry chemical, shall be located in each fac!ory built nonresidential structure or recreational vehicle unit and placed in accordance wilh applicable codes. 11) Inhabitants of the Minor Facility shall be Temporary Employee Housing Operator's employees and/or subcontractors, working on the related commercial, industrial or mineral extraction operation, and not dependents of employees, guests or other family members. 12) Within 10 days following the expiration or other termination of the Minor Permit or represented date of removal identified within the Minor Permit, all housing structures. foundations and associated infrastructure shall be completely removed. The Operator shall provide the Department with photos, dated and signed by !he Operator's Compliance Officer, indicating that a!! housing s!ructures, foundations and associated infrastructure has been removed within the specified timeframe. 13) No domestic animals are allowed at a Minor Facility. 14) A water storage tank shall be required to provide water to the sprinkler system and initial suppression activities. The size of the 'vater tank shall be detennined based on sprinkler calculations and initial suppression demands. The size of the water storage tank shall be determined by the relevant fire protection district. !f the Minor Facility is located outside the boundaries of a tire protection district, than Each Minor Facility shall have at least one (1) water storage tank with a minimum of 2500 gallons of water for initial fire suppression, operation of sprinkler systems {if applicable) and wild land fire protection. 15) All emergency situations requiring action by any government agency or fire protection district shall be documented in writing and presented to the Planning Department and Garfield County Sheriff's Office •vithin 24 hours of the occurrence. 16) All required Access Permits shall be obtained from the Garlicld County Road and Bridge Department or the Colorado Department of Transportation. 17) The Garfield County Sheriff's Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Department shall be copied on all such notification, whether hard copy or electronic. 18) The Operator shall maintain records identifying workers, whether employees or sub-con!ractors. and docu1nenting the dates that each worker is housed at the Minor Facility. Such records shall be provided to the County or any additional third party upon request. 19) Wastewater Disposal: (a) Vault System. All vault systen1s shall be designed and installed to accommodate the maximum number of persons, identified within the Minor Permit application, who will inhabit the Minor Facility. In addition, all vault systems shall be equipped with an overflow alarm device. Vault systems shall be designed to accommodate a minimum of 75 gallons of wastewater per person per day. If a vault system is proposed or has been approved, the Temporary Employee Housing Operator/Operator must: (1) Demonstrate that year-round vehicular access is available and maintained for sate and regular access for sewage hauling vehicles. (2) Provide a copy of the contract for hauling sewage. (3) Maintain all sewage disposal records including but not limited to trip logs/reports and landfill receipts as public records, available to the County and/or any other interested third party upon request. (4) If the total waste production from a facility will be 2000 gallons per day or greater based on a production of 75 gallons of wastewater generation per person per day. then the facility shall be serviced by an ISDS. Hauled sewage and wastewater service shall not be permitted for any facility which will generate a total of 2000 gallons of wastewater and sewage per day. (b) Individual Sewage Disposal System (ISDS): If an !SOS is proposed or has been approved, then it shall be designed, installed and operated to accommodate the maximum number of persons who will inhabit the Minor Facility and shall otherwise be operated in accordance with the Garfield County ISDS regulations as contained in Resolution 2008-82. Minor Temporary Employee Housing Standards Proposed Language 2. Minor Temporary Employee Housing Facilities ("Minor Permit"): a. Minor Temporary Employee Housing Facilities, in the nature of Factory Built Nonresidential Structures {as defined under C.R.S. 24-32-3302(a)] and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposes], may be granted land use approval for projects related to commercial, industrial and mineral extraction operations by the Building and Planning Department Director (Director), through the Minor Permit process. Such housing shall be of a temporary nature, and al the expiration or other termination of the Minor Permit, all structures, foundations and associated infrastructure shall be completely removed. Such facilities are subject to all applicable requirements of Garfield County building and fire codes (building code, fire code), state and federal permits and relevant fire protection district(s) fire code requirements. Minor Permits shall have all of the following basic characteristics: 1) The Minor Temporary Employee Housing Facility and any associated infrastructure ("Minor Facility{ies)") must be completely contained wi!hin a state or federally permitted parcel (i e. Colorado Oil and Gas Conservation Comm ission (COGCC) approved oil/gas wel l pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); and, 2) The Minor Facility is located at g. Perm itted Site for less than a cumulative of one (1) year; and, 3) The Minor Facility shall have an occupancy of nine (9) to twenty-four (24) people who are employees, contractors or sub-contractors of the operator and ara support ing, the proper execution and safety of the reilate9_ c:_o_~f!l~~cl~I ._ _ _ _ _ industrial, extraction or highway operation.§. Temporary employee housing facilities that do not have the three characteristics listed above, i.e., have an occupancy of ~5 or more people, on location for more than a cumu lative of one (1) year or not completely contained within a Permitted Site, i.e. ~'fyl.?LO! f ii~Ui1Y.'.'._ ~r_§) _s_upie_c! 10_ th.§! _SP.§!~i_al '=1~~ review process and standards and requirements contained in Article 7-808(0)(1-3) and the enforcement provisions of Article 12. b. The Minor Facility shall adhere to the following Minor Permit standards: 1) Minor Facilities must comply with al l applicable federal, state and local laws and regu lations. 2) Operator must keep and maintain appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that potable water supplied and sewage and wastewater meet the representations contained within the application, as required. 3) In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. The operator shall conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of potable water samples specific for co li form bacteria . Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee within 72 hours from the time the contaminated water was tested. 4) Minor Facilities shall be maintained in a clean, safe and san itary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored at the Minor Facility for operational or security reasons must be managed in accordance with al l applicable federal , state and local laws and regu lations. 5) At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be provided for each factory built nonresidential structure or recreational vehicle unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. 6) Refuse shall be disposed of weekly, at a min imum. Operators must keep appropriate records, to be provided to the County or any interested third party upon request , to demonstrate that refuse is collected in a timely fashion and disposed of at a licensed facility. [ Del eted: the {Del et ed: ( Del eted: needed for onsite for { Del eted: 8 or fewer people or [ Deleted : "Small Facility" or J 7) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Minor Facility are provided. 8) Factory built nonresidential structures or recreational vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system, and/or alarm system shall be inspected, tested, and maintained in accordance with 2003 IFC §901.4 and §901.6 and as required by the relevant fire protection district(s). Smoke alarms and manual fire alarm systems shall be installed, inspected and maintained in all other factory built nonresidential structures or recreational vehicle units in accordance with 2003 International Fire Code (IFC) §907.2.9 and §907 .2 .10 and the requirements of the relevant fire protection districts . 9) Single-station carbon monoxide alarms shall be placed in each factory built nonresidentia l structure or recreational vehicle unit. 10) One (1) or more approved fire extingu lsher(s) of a type suitable for flammable liquids, combustible materials and electrical fires (Class ABC), or dry chemical, shall be located in each factory built nonresidential structure or recreational vehicle unit and placed in accordance with applicable codes. 11 ) Inhabitants of the Minor Facility shall be Temporary Employee Housing Operator's employees and/or subcontractors, working on the related commercial, industrial or mineral extraction operation , and not dependents of employees , guests or other family members. 12) Within 1 O days following the expiration or other termination of the Minor Permit or represented date of removal identified within the Minor Permit , all housing structures , foundations and associated infrastructure shall be completely removed . The Operator shall provide the Department with photos, dated and signed by the Operator's Compliance Officer, indicating that all housing structures, foundations and associated infrastructure has been removed within the specified timeframe. 13) No domestic animals are allowed at a Minor Facility. 14) A water storage tank shall be required to provide water to the sprinkler system and initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and Initial suppression demands. The size of the water storage tank shall be determined by the relevant fire protection district. If the Minor Facility is located outside the boundaries of a fire protection district, than Each Minor Facility shall have at least one (1) water storage tank with a minimum of 2500 gallons of water for initial fire suppression, operation of sprinkler systems (if applicable) and wild land fire protection. 15) All emergency situations requiring action by any government agency or fire protection district shall be documented in writing and presented to the Planning Department and Garfield County Sheriff's Office within 24 hours of the occurrence. 16) All required Access Permits shall be obtained from the Garfield County Road and Bridge Department or the Colorado Department of Transportation . 17) The Garfield County Sheriff's Offic e and relevant fire protection district(s) must be notified at least 24 hours prior to Installation and removal of each M inor Facility . The Department shall be copied on all such notification , whether hard copy or electronic. 18) The Operator shall maintain records id entifying workers , whether employees or sub-contractors, and documenting the dates that each worker is housed at the Minor Facility. Such records shall be provided to the County or any additional third party upon request. 19) Wastewater Disposal: (a) Vault System: All vault systems shall be designed and installed to accommodate the maximum number of persons, identified within the Minor Permit application , who will inhabit the Minor Facility. In addition , all vault systems shall be equipped with an overflow alarm device . Vault systems shall be designed to accommodate a minimum of 75 gallons of wastewater per person per day. If a vault system i s proposed or has been approved , the Temporary Employee Housing Operator/Operator must: (1) Demonstrate that year-round vehicular access is available and maintained for safe and regular access for sewage hauling vehicles . (2) Provide a copy of the contract for hauling sewage. (3) Maintain all sewage disposal records including but not limited to trip logs/reports and landfi ll receipts as public records, avai lable to the County and/or any other interested third party upon request. (4) If the total waste production from a facility will be 2000 gallons per day or greater based on a production of 75 gallons of wastewater generation per person per day, then the faci lity shall be serviced by an ISDS. Hauled sewage and wastewater service shall not be permitted for any facility which will generate a total of 2000 gallons of wastewater and ewage per day. (b) Individual Sewage Disposal System (ISDS): If an ISDS is proposed or has been approved, then it shall be designed, installed and operated to accommodate the maximum number of persons who will inhabit the Minor Facility and shall otherwise be operated in accordance with the Garfield County ISDS regulations as contained in Resolution 2008-82. Article 4-202 Land Use Code Text Amendme1 4-202 (8) Criteria for Approval of Amendmen t ~ _..,,Land Use Code. a . Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed text amendment is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements affecting land use or development or an approved amendment to the Comprehensive Plan prior to the decision on the text change. Response: The proposed text amendment is consistent with the current Temporary Employee Housing regulations. Section 4.0 Commercial and Industrial Uses of the Garfield County Comprehensive Plan of 2000, Commercial & Industrial Uses states that , the County will encourage the development of a diversified industrial base for the County which recognizes the human resources, natural resources and physical location-to-market capabilities of the community, and which further recognizes and address the social and environmental impacts of industrial uses. The purpose of the proposed text amendment is to modify the existing Minor Temporary Employee Housing regulations allowing for a facility to be placed wholly on a "permitted site" that may accommodate activities on a separate "permitted site". This will reduce truck traffic related to the delivery and installation of housing units. Additionally, the requested change will allow for the construction of smaller well pads, limiting the need to increase the size of existing well pads and reduce the overall surface disturbance. By not requiring a housing facility to be relocated with each drilling rig move, the over all environmental impacts are reduced. The requested amendment is limited to the Resource Lands zone district which is primarily identified as "outlying residential" on the Comprehensive Plan's Proposed Land Use Designation map. The requested text amendment is in compliance with the Goals, Objectives and Policies of the Comprehensive Plan and Intergovernmental Agreements. b. Compliance with Statutory Provisions. The proposed text does not conflict with State statutory provisions regulating land use. Response: The proposed text amendment complies with all applicable state statutory provisions regulation land use. 4-202 (9)Criteria for Approval of Request to Add Use(s) to Zone District a. Increased Hazards. The proposed use does not resu lt in hazards or alter the natural environment to an extent greater than the other uses permitted in the zone district to which it would be added . b. Increased Nuisance. The proposed use does not create more offensive noise , vibration , dust, heat , smoke , odor, glare or other objectionable influences or more traffic hazards than that normally resulting from the other uses permitted the zone dist rict to which it would be added. c . Compatibility. The proposed use is compatible with the uses permitted the zone district to which it would be added. Resoonse: Oxy has not requested the addition of uses to a zone district. This request applies to uses currently contemplated in the land use code. This section is not applicable to this application. Application Attachment A LEGAL DESCRIPTION: OXY USA, INC TO OXY USA WTP LP RECEPTION 759939 GARFIELD COUNTY, COLORADO TOWNSHIP 6 SOUTrl, !<'ANGE 97 WEST SECTIOI< 3: SD'., SW,\, LOTS 9'-i. 6 SECTIOfi 4: 50'.., S'M.4, LOTS :t-16 SECTIO.. !5: stto. 'i/11, SW}>~. ti', SW!'&. LOTS 5-7. EAST Lt.2 ACRES or LOT l'L LOTS 9-16 SECTION l;; ~ SW}~. E11 so~. ~ w, SEJ~. w)? Mi S~. LOTS 13, 1:;;, 16, lS, ?2-15, V#.i LOT tL, ~ LOT 17 rJ::i LOT 1<1, Oi LOT 17 SECTIOh 8: s~. 0, N'M'., ti). S'M<~, t<C•, s M-• WM<, ~ svh<. ~ wt.. EJ:. SECT!Oh 9: ;;;i, $15, WI_. Ni'.t SI:-• .ALL S.ECT!O~ 1 0: Wi;i, ~' ALL SECT!Oh 1 5: OJ, ALL SECTIOt. ! 6: S'S N'M;-, NI) ~. swr~. sfY., s:;z NEY.. SECTIOI\ l 7: SWY... NW1'~. £h. NW\';, IV'j, W)<j t.wY. SECTIOt.i l !!: S\\10, Nf'f~. Sl!I:. t.~, YI;, SE'.!(, l{.1j. h~. Sl"Jt~ N~.<. !:b_ 'i&, SE"CTIOk 19: t.EY.. EJi N-.Yh, O}: w:lj. NWk.. !4.7f. ACRES OUJ or YAll_EY AE?V. POllTION or fRJ.CJIOt..l\L sD4 SECTION 20: t.FY4, MS_, SE1'~, ALL SECTION 21: t.ll. SECTION 22: All. SECTION 28: 1611.404 ACRE'S OVT Of \.'PU.MO AREA PORTIOt< Of sJi, 241. 1 AC~ES" OUT Of TilE Uf'l>NP ARCA POllTION or Nllo. N'Hl";.,NIN>( S.ECTIOt< 2-9: All. SECTIOli 30~ 149.372 ACR[S OUT or s.E/LY VALLEY .l.RE,I. PORTION OF RACTIOt.~L Sf:CTIO" 30, 0.247 ACES LYING IN THE NS~ SECTIO ... J1: !17-7ll ACRES OUT OF VJ.I-LEY ARE,I. PORTION OF FRA.CllONAL SE"C. 31 (A PORTIOt.: OF SECKY 5 1'NP 6 PU..C£R ~l~INO CU.it.IS) StCTIOli J1: LOTS l -4 SECTIOf' 33; 60.45\1 ACRt;;S OUT Of UPLANP t.Ji:EA POJ<flOt.I OF' !'"l!ACTIOl\AL SEC. 33 (PORTION or LOTS '5 5; 4) St.CTION 4; 42.701 ACRES CUT Of PORJIChS Of lRACTS 1a-a1 IN UPL<\f'ID ARE:..!.. POFTION 01' S["C, 4 SECTION 5: SUl!-IRACTS A&B CF 1lt.\Cl ez. SUB-TRACfS AkH or TRACT 83, TH.I. T PORTIOK or TRACT BO LYING IN SEC 5, IKAJ PORTION or IRA.CT !11 L'r'INC IN SEC 5 SECTION !i: 442.281 Jo.CRES:t OUT or PARTS or src. 6&7 CONSISTING Of 2.l5.73<1. . .lCf"ES BEING JrtE" UPUND ARLA PORTION or SE:C. 6 (PORTIONS of 11<AC~ 65-81, ALL Sl:C. & LESS AND EXCEP1H4C UPUND l.A).;OS lh 235.73-4 ACR[S llPU.l>.D AREA PORTION OF S[C. lj. {PORTIONS or TI<ACTS 85-87} SECTION 7; 442.281 ACR[S± OUT or PARTS or $[C. &&:7 CONSISTING Of 70-6.547 ACRES 8£1NG THE UPU..NO AREA PGRTtoN or SEC_ 6 (f'ORllONS or TRACT'S 66-~l. ALL SEC. 7 LESS ,!!;tdl EXCEPTING UPLANb LAttD5 Iii 206.~47 ACRES l!Put.·D A.REA PORTION OF sec. 7 {PORTIONS or mACTS 88-91} G 697-15-01 Pad (!] 697-16-16 Pad County Roads Existing Private Roads PROJECT NO; OQ&.2129 DRAWN BY; DATE: ---======-----•Miles 0 0.5 OXY 967-16-16 TEMPORARY HOUSING LOCATIO N OXY USA WTP LP GARFIE LD COUNTY, COLORADO 2 O\oLSSON ASSOCIATES 8262M/2ROAD GRAND JUNCTION C081505 TEL 970.263.7800 FAX 9702 63.7•58 N i FIGURE . " Existing Private Roads LJ Parcels 0 0 .5 1 County Roads r;::::"l 216921400026 (Area: 10,303 acres) 2 ---=====------Miles PROJEC T NO; DAAWNBV· JAS DATE: 08110/2010 PROPOSED OXY MINOR TEMPORARY EMPLOYEE HOUSING TEXT AMENDMENT OY:Y USA WTP LP GARFIELD COUNTY, COLORADO 1 inch equals 1 mile O\oLSSON ASSOCIA TES 826 21-112 ROAD GRAND JUNCTION, C081505 TEL 970.263.7800 FAX 970 .263 .7456 .,,~·t L S96 W ·"" •.. ~ ... b N ~ FIGURE 1 !' ;i ii I ~ ,--, ----i /.'': ' !--_, '· ' ,._,~----_::r" - l ' -,--,' ---,-- r i __ I ','. :_,, ' '' -.-- "J -, __ ; ' ·): r I 1-- 1i I .• -1: .,-- 1 (_._i ,_._J ----. _ j _,_ L 'i !~ ' ' :I ' ' o',~ I _J ! i ! I J' -~r r,- ' ----J,_, i -' ----;--- ";/·' I I _,_ '·' ~-' 1: DEED This Deed ("Deed"), dated effective as of January 1, 2001 Is between OXY USA Inc., a Delaware corporation, whose address Is 5 Greenway Plaza, Suite 110, Houston, Texas 77046-0504 ("Granter") and OXY USA WTP LP, a Dolaware lim!ted partnership, 6 Greenway Plaza, Suite 110, Houston, Texas 77046-0506, ("Grantee"). WHEREAS, by that certain Assignment, Conveyance and Bill of Sale effective as of January 1, 2001, recorded In Book 1235 at Paga 192 of the records of Garfield County, Colorado ("Ass!gn1nent"), Granter Intended to assign and convey certain personal and real property to Grantee; and WHEREAS, by this Instrument, Granter desires to clarify its Intention to convey and deed the real property described Jn Exh!QJLA_altached hereto to Grantee. NOW, THEREFOREt for good and valuable consideration, the receipt and sufficiency of which were acknowledged by Grantee In the Asslgnn1ent, Grantor does hereby sell, assign, transfer, convey, deed and set over unto Grantee, and !ls successors and assigns, all of Grantor's rlghts, title and Interests In and to the followlng, collectively referred to In this Deed as the "Rea! F>roperty". All of Grantor's rlglll, title and Interest In and to the Real Property described In Exhibit A Including, but not limited to, all of Grantor's right, title and interest In: {I) any oll, gas, and/or other minerals; (II) any surface and subsurface water and water rights belonging to, utilized for, or appurtenant to the Real Property, whether adjudicated or not adjudicated; (Ill) surface and subsurface sand and gravel; {Iv) r!ghts-of~way, easements, road use agreements, rights of access, surface agree1nenls, servitudes and shnllar Interests acquired or used in connection with the surface and subsurface of the Roal Property; (v) Umber; (vi) any contracts affecting the Real Prope1iy; (vii) any permits, authorizations, and licenses of any nature owned, held or operated In connection with the surfaco and mineral estate of the Real Property; and (viii) all rights and privileges appurtenant to the Real Property, regardless of whether those rights and prlv!leges appurtenant to Real Properly are speclfically ldenllfled herein. It Is the Intent of the Granter to sell, assign, transfer and convey, and Grantee to accept and acquire, all of the Grantor's right, title and Interest In the Real Property. TO HAVE AND TO HOLD the Real Property, with all Its appurtenances, unto Grantee, Its successors and assigns, forever, subject to the fol!owlng terms, covenants and conditions: 1. No Warranty, This conveyance Is made by Grantor and accepted by Grantee without any warranty whatsoever and without warranty of Utle, either express or Implied, This conveyance Is made with full substitullon and ii Diii W!PJH'm~,"~~~,~~r.~)~~ RJIJ.fl\'/I IW111llYi l ~~L ~1,1}, DI Ill RooepUonll: 769939 121j0120~9 02 1 11 :~9 P~ J~~n Alborlco 2 o 11 Reo F .. ;$66 .00 Coo Fo o:0 .00 GARFIELD GOV!ITY CO subrogation of Grantee In and to all covenants and warranties heretofore made or given by others. 2. Successors and Assigns. The terms and conditions of this Deed shall extend to and be binding upon the successors of, or assigns of the respective parties hereto, and shall be covenants that run with the land. 3. Further Assurances. Grantor and Grantee agree to execute and deliver from time to time such further instruments and do such other acts as may be reasonably necessary to effectuate the Intents and purposes of this Deed. 4. Governing Law. This Deed Is governed by and must be construed In accordance with the l aws of the State of Colorado excluding any confllcts -of- law rule or principle that might apply the law of another jurisdiction. IN WITNESS WHEREOF, Grantor has executed this Deed on the elate of the acknowledgment contained herein, but effective as of January 1, 2001. Name: t1 lttV\ ki.twt1v't~ Title: ft~@\fyW:J -j » ~ fO..ltt STA TE OF TEXAS ) )ss COUNTY OF HARRIS ) The foregoing Deed was executed before me on thlsc-(1 }J day of December, 2008, by Alan Schwartz, Attorney-In-Fact of OXY USA Inc., a Delaware Corporation, Grantor. WITNESS my hand and official seal. My commission expires: I/ ;\ '.3· dO l ~ ~·tq & . ,(\ 'l5-)i· fr@~--~~ ~~HU~AAll:!Ea!l. s~AN~D~Aa::re~isnN1fotary Public I MY CO~ION EXPlAJ:S AMIL23, 2012 0)."Y l\V"-mER ORICii'iAl. GRA.. .... "TOR OC006801 oaos n !'OTTER. ET AL EXHIBIT A This deed conveys ar. of the real property described;" the recoroe::i 6ocumellts rsed belov1 under "Recororng O<ita. • an of '<'Alich are recorded in Garfield County, Co:imieo and irio:irocrated t1y :his refcrem::e ORIGI:'i'At. GRA. .... "t"E:£ RECORDIXG DATA D.:IUBIT DESCRIT'TIO:'\ CITIES SERVICE O!LCOMPA'.'<Y 2S41"AGE354 6th PM i006S -R0971\': SEC 005 SE4 LOTlO(All) LOT'.l {All) LOT 12 (ALL) LOT l~ (Al.:.) LOT l4{AL1) t.OTlS(ALLJ SEC005 \\'2 SW4 LOT9 LOT !6 S1'C006 E2 Si\'4. E2 SE4. E2 \\'2Sfo4 LOT 13 (All) LOT i4(Wf.l:) LOT 17 (\Yi2) LOT!S.(AU..) LOTTI {All) LOT23 (All..) LOT 24 (ALL) LOT25{AU,) iV2,~'2SE4 :.OT t4(t'J:2) LOT15{AU..) LOT 16(/\1.l.1 :.OT 17 {EIZJ 00006802 00006SO:> 00006SOS DELOSD ?OTTE.It. ET AL DaDSD POTIER.. ET AL DELOSD POTTER. ET AL DELOS D?OTIF..R OELOSD POTTER. CT AL DELOS D ?OTTER A •• '\'D GERTRtJDE eoTTER DELOS D !'OTTER ,\.'ID GbYTRULIE l POTIER CITTES SERVICE OILCO:J<PA.'lY ClTiES SER\·lCE O!LC01;1l'A1''Y CTnES SERV!CE OtLCOMJ"A}.'Y Cl1lES SERVICE O!LCOMPA/\.>' CTTIES SERVJCE OlLCO:.l?A:-:Y CITTES SERVICE Oil..COMP'A'NY CTllES SERVICE 01L CO:V.?A:-:Y 07/27/1953 Oil03'i953 011201195:; 07f.!3/1953 06''1Sil953 l)(i.l(W! 953 OS.'251!953 CO I GARFIELD-BOOK USNColor:ido'G:\T1'cld 2S.:. PAGE ~52 G1J: PM T006S-R09iW: SECOJS SW4 ~'E4,SE4 :-."\V4. V.'.2 SE.I:. Y.! ).!E4 SECOlS SE.I: /\."E-1. E! SEA co 1 GARFIELD-BOOK us,vcolor..d<>'G:ufiekl 2Mf'AGE350 Gtlr.;>)il T006S-R097\V: SEC 020 XE4 CO.' GARF!fl.D-BOOK US.~JColo:Xlo'"G:irfidd ZS.: PAGE 34S 6th PM TOOGS-R097W: SEC OOS SE4. E2 J\."\V~ EZ $\~·4.1\F,..:: SECOOS S\V.I; /\."\V4. \\'.2 S\\'4 CO I GARFIELD-BOCK USA'Color:ido:'G:midd 28'l-PAGE3-'6 6tl:iPM 284 PAGE.;;£4 COiGARFlfil.D..BOOK 2S6 PAGE6 1'006S • R097\\': SEC 009 ALL SF..CO!O \\"'.! 6lh J>),1 7006$-RCl97'\V: SOC 017 S\~"4. 1'.\\"4 ALL SEC 29. \V/2. SFJ4 sec 20. NE/4. E/2J\\\'/4. t'./2"'fl-'W.Vl4 SEC 19. 6$-97\V. 6TH P-V.-GARFTELD co COJ GARFTO..D-BOOK t:SAJColw.>do.'C-:irfidd 2SGPAGn 195 6th PM TOOGS-R09iv.': SEC 010 000061>10 00006Sll DELOS D J>OTT'EK. AND GEK:'RlIDE ! ?OTIBR CTTIESSERVICE O!LCQ!\.fl'A:>-1' CITlES SER'VIGO OIL COMP A.'''l oAAli/1953 CO r GARFfSl.D-BOOK 2<Jl PA(.iE56~ OS/29:1955 CO/ GARf!D.0-000K 305 ?.-\GE 113 G.:.'. SECOl5 F2 <...-S,VC-0l=doi~cld 6!l!PM 1'006..'<t-R09'7\V: SECOCl3 SE4.S\V4 t.OT9 LOT HJ LOT!i lCT 12 LOT::; LOT!4 LOT" LOT16 SEC004 SC-4. S\\'4 LOT9 LOT IO LOT 11 LOTlZ lOT13 '-.OT1.! L0Tl5 LOTtl'i \;SNCol<lr.lldo/(i;t<{'idd Glhl'~! T006S-R09Th'' SEC032 LOT: LOT2 LOT3 LOT.! 00333100 oaos D roTTER cmES SER¥1CE Ort.COMPA1''Y 0Stl:V!9$3 i.:SNColo:"..00/frrrf.~k! 6th PM TOG7S -ROWW: SEC OV!i .:42.281 ACW.l'~OCTOF?ARTSOF SEC. 6. 7. 7S-97'Y. 6TH P:\1.CONS!STI!'G OF23S.7:'-<: ACS BEING THE UPLAKD AREA POR110!\" OF SL-C 6 (l'ORTIOXS OFTR S5. S6 & S7}.& 2Q6_-<;;7 ACS BEIKG Tl1E t:PL\'.'.'TI i'ORTION OF SEC 7 (PORTTONSOFTRSS. 89. 'JO & 91}. GARFinO CO_ U::SS :'>ID."ERALRIGl-fT5 no'~ TO THE TOP OFTHf_ DOt.:GLAS CR.EEK l\'.EMSF.R OF TI-fE GREEl' RIVl'-R FOR.VJA TIO!'. AS DESC'"'NBED BY~ &.EOlf.'<DS v:m-iix DSTRUM8'-T DA"l'ED !1)!1"1%5 OK 302. PG 69.FROr.f CiTIES TO SOH!O. SEC006 ,\LLSF-CS 6 &. 7-7S.97\V. 6TI! PM.COJ\.T 1253.i ACS.ll.-f11..1£SSANO EXCEPT LIPLAKD LA1'1JS N 235.734 ACS UPLO.XD AREA l'ORT.07\'. OFShC 6 (PORTIOKS OFTR S.S. &6 & 87}.& 2065'i7 ACS BCDIG TIIE V'PlAKD ?ORTIOX OF SEC 7 (PORTIONS OF "TR SS. S9. 90& 91). GARFffitD CO. COLOAADO AS DESCRIBED \\'1THTK l?\"STRl.').{0-"TDATED l0/l/l%5 BK 302. PG6'iFROM C!TIES TOSOlilO, CO/Gi\RFllit.D-BOOK SliB-"TRACTS A &B 0FTRACTS2.. 27f !'AGE J2 SVU-TitACT"S A & B OF 11'.ACT S,;. " 0 n 0 § < 8 00131200 SOH!O PETROt.Et.:.t" CITlF.S SERVICE O!LCOMPA'.'.'Y IOrOl/1965 THAT?OR110)'; OF TRACT SO LY~G IN SEC 5. THAT PORTIO:-< F TRACT SI L Yr.\'G !!'J SF:C 5.,\U. 1" T\\.'? 7s, RGE 97\V. Gn-f P~. COMPRISING 4! :.% ACS. GARFIELD CO CC! GARFlELO-BOOK t:SNCo!c:"'..dc.'G:iriictd TIOPAGE3S5 G!hf'M" T006.'> -1'°97\V: SEC005 LOTS (40.14AC)A1'01..0T6 (40.03 AC.) A~D LOT7 (39.91 AC.) A".\:0 EAST 1.6= J\CRES OF LOT'iiS SE.C0\9 14.76 ACS our OF VALLEY AREA ?ORTI01' OF ffiCTlOXAL SE/4 SEC !9. 65-97"'· St:C 21 ALL SEC022 AU. SECO~ :65.40<I ACS OVl OFL"PLA:«DAREA rOR1'10N OF SJ2 SEC 2S-US.97W AKDZ.:I.: ACRI!SOL'TOF7HE U?LJ\;...'D AREA ?ORTIC:-: OFN/2 SECTTON 2S-65-97\V AATI 40 ACl'.ES DESC. AS ~"t\'7>-"\V OF SECTION 2s-6S-97\V: TOT AL OF 4'6.50-0 ACRES- SECO~O 149.61913~ 149..372 ACSOlIT OF SE-1.Y VA!.LEY ARF.J\ PORTI0:-1 OF FR.ACTIO:-.AL SEC 10. 6s-97\V AND0.247 ACRES LYJKG IN TrlE ;.ffi/4 SECTION .;o. 65-'n\V. AS DESCR1BEDV.iT"~I1''$'J"Rt,.°MEl\l. S2C031 ; t7.732ACSOITTOFVALLEY 1004390! !0043902 JOllKHLATHA1'f F..TUX ET ,\L LEROYB. L'\TIL·~S\of.AS CITTES SERVICE C0:.1PA;.IY cmss s£Rv1cr CO:>f!"A."'Y cmESSERVlCE COMPAXY 12/1611<)76 12120l\976 1~':!0/1976 AREA !'ORTIOX OF FJV\CT!OKAL. SEC 3 !. 6S-97V! (A rornoi-; OF BECKY SAND 6 Pl.'l.CER Ml1\1NG CJ..,\!;l.fS). SEC033 :S0.2G9 ACS OUT OF t.'?LA.'ID AR.EA PORTIO:-;'. OF FRACTIOKAl SEC 33 (A PORTION: OF LOTS:< &4). T007S. R09TW: SEC 004 42. 701 ACS OL"T OF PORTIO'.'<S Of:TRACTSn. 79.S0.&31 IX V'PLAi\'D AREA PORTIO'.'J Of SC-<'...;, 75-97\\'. 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LOTIS .____._@ Garfiel d C o un,Y Customer #: 1524 DANIEL PA DILLA 760 HO RI ZON DRI V E STE 101 G RAN D JUN CTI O N, CO 815 06 Invoice Type: Pl anning Invoice Number Date Due Date 2011 -00000021 02/15/2011 . 03/15/201 1 Descri ption: Misce ll aneou s Fees I Descriet ion == Quantify "" Price Per Unit Total Amount .D.ue I Planning Invoice 1 $146.73 $146.73 T he estimated fee for the text amendment application to allow the use of a minor employee housing faci lity, fo r OXY USA was $300.00. The time the planner spent on this application has exceeded th e estim ated fee. (See attached time tracking sheet). Therefore, there is an additional amount due of $133.48, as s hown on this invoice. \'i\ ~-. la S ~-.. 7 The estimated fee for the minor temporary employee houing application was $250.00. T he time the planner spent on t his application ha~ exceeded the estimated fee . (See attached tTnie tracking sheet). Therefore, there is an addition al amount du e of $13.25, as shown on this invoice. T he applicant is responsib le for all of these fees. Total Invoice: $146 .73 PAID 3/1/2011 Make Checks Pay able to: Garfield County Treasurer Remit Payment to: G arfield County 108 8th Street S uite 201 Glenwood Spring s, CO 81601 Fin ance Department (970)945-7284 PLEASE INCLUDE INVOICE NUMBER ON REMITTANCE: 2011-00000021 Project: OXY USA WTP LP Owner: Representative: Lorne Prescott, Olsson Associates Staff: Molly Orkild-Larson Base Fee: $300 8/20/2010 Technical Comcleteness TE 1 8/25/2010 Tech·nical Completeness TE 1 8/30/2010 Referrals M 10/4/2010 PC -Reoort writina/Powerooint RW 3 10/13/2010 PC Hearing MH 1 10/13/2010 BOCC -Report writing RW 1.5 10/18/2010 BOCC Hearina MH 1 10/19/2010 Resolution RW 1 1/24/2011 File C!asurer M 0.5 Total Hours 1 O Fee:CS/cll/Stlon :_-__ , _·--;.··. :_ •. _..r. _ _;:: __ ,'(-·, .:-.-: Director Hrs rm $ 50.50 -$ Asst. Director Hrs @ $4550 = $ Sr. Planner 10 Hrs 1ff1J $ 4050 $ 405.00 Plan. Tech. Hrs @ $ 33.75 = $ Secretary Hrs @ $ 30.00 = $ Total Fee Total Other Charaes Grand Total Base Fee (Minus NOTES: 1. Codes: a_ CR(Completlon Review) b_ TE (Technical Compliance Review) c. AR (Application Review) d. RW (Report Writing) e. RA (Review Agency Reportingj f_ SV (Site Visit) g. MH (Meetings and Hearings) h_ TC (Telephone Conference) i. GIS (Geographic Information Systems) j AS (Administrative Support) k. M (Misc., postage, copies. fax) Balance Due 2_ Misc_ Expense: Photo Copies ($0 25/page) $ $ $ $ $ 405.00 28.48 433.48 300.00 133.48 3_ Fees: Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognizes that the land use application process time varies and that an Applicant should pay for the total cost of the review which may require additional billing. Hourly rates are based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost of the office will be used to establish the actual cost o County staff time devoted to the review of a particular project. REFERRAL FORM Date Sent: August 30, 2010 Return Requested: September 15, 2010 Garfield County Building and Planning Department 1081.IJ gth Street, Suite 401, Glenwood Springs, CO 810601 (9701945-8212/Fax: (9701384-3470 -------I File Number/Name(s) ~roject Name(s) ~y~e of ApElication(s) ---------- TXP-8-10-6557 OXY USA WTP LP Text Amendment Staff Planner: Molly Orkild-Larson morkild-larson@garficld-county.co1n Phone: 970-625-5903 -- Annlicant: OXY USA WTP LP Phone: 970-263-3637 Contact Person: Olsson Associates, Craig Richardson Phone: 970-263-7800 _. _______ -- Location: Resource Lands Zone District ----- Summary of Request: Text Amendment to allow the use of Minor Employee Housing }"acility located on a permitted site to accommodate operations located on a separate permitted site in the Resource Lands Zone Ditrict ---·--- The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comment.~ and orate them into the Staff Re ort, we re uest . , 2j)J.!1 Attorne County Surveyor Sheriffs Dept Geological Survey (Fee) Water Conservancy Board Mined Land Reclamation BDard Health De artment Fore~t Service Fee Public Scniice Ho! Cross Electric Board of County Commissioners Paper (11) Paper {4) ·~-------~~·-~-----~------+-------------! Environmental Health Paper Bun:au ofLand Mana ement US Forest Service U.S. Army Corps of Engineers ----------~-·---j- School District -RE·2 Fire Districl-Grand Valley and 2 Paper Soil Conservation District Water/Sanitation GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and ~o~xY~l~Js~A~W~T~P~L~P~------­ ____ Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Text AmendmcriL _____________________ (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfleld County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing sha!I be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature I Dai'e Danjio,] Padilla Print Name Mailing Address: 760 Horizon Drive Suile 101 Grand Junction CO 81606 Page 4 5499628 PROOF O F PUBL ICATION RIFLE CITIZEN TELEGRAM ST AT E O F C OLORADO, COUNTY OF GARFIEL D l , Je nna Weatherre d , do s olemnly swear that I am a Publisher of The Rifle Citizen Te l egram, that th e same weekly newspaper printed, in w hole or in part and publ is hed in the C ounty of Garfield, State of Colorado, and has a general circulati on therein; that said newspaper has been published continuously and uninterruptedl y in sai d County of Garfield for a period o f more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3 , 1879, or any amendments thereof, and that said newspaper is a w eekly newspaper duly qual ifie d for publishing legal notices and adverti sements within the meaning of the laws of the State of Colorado . That the annexed l egal notice or advertisement was published in the regu lar and entire issue of every number of said weekly newspaper for the period of 1 consecutive inserti ons; and that the first publication of said notice was in the issue of said newspaper dated 9/2/2010 and that the last publication of said notice wa s dated 9/2/20 10 in the issue of said newspaper. In witness whereof, I have here unto set my hand thi.s 2 nd day of September 2010. Subscribed and sworn to before me, a notary publi c in and for the County of Garfie ld , State of Colorado thi s 2nd day of September 2010. o/¥1 ~ f-2 - Mary E. Bo~agen , Notary Public My Commission expires: Augus t 27, 2011 Olsson Associates • ~.l.JQJ~Qil:Ci: TAKE NOTICE thtt OXY USA WTP LP has appl•ed 10 the Gart1eld Coun1y Boaro ot County Commissioners , Garfield County , Staie of COiorado. fo< 111ex1 ame00men1 to Ille Un~ied Lend Use ReSOIUbOn of 2008 P urs uanl to Article 4 -202 of the Garllt ld County land Use R esolution of 2008 •• amended; the applicant Is requHting lo amend the lext to A rticle VII· Secllon• 7·808 (0)11) MajorTemponry. Emplo>.:H Facilities ("M• or Permit") and 7·808 (0 )\2) Minor Temporary Employee Housing Facllitiu (0 Minor Permit"), and Article XVl ·Temporary Employff Housing Faeility(ies) Oefln1tion, Section 111-101 ·Major Te mporary Houstn9 Facllltiu Definition, •nd Section 16-101 ·Minor Temporary EmployH Hous.ng Definition. A> perwns affected by the proposed TeX1 Amend· ment are 1nv1ted to •rpear and s1a1e 1t1e1r views , protests or suppon I you can no1 appea r pe'1on- ally al such heanng. then you ere urged to s1a11 your VlllWS by le11er The PlaM1ng Commiss10n w1 • Ql\'e considera!Joo 10 the comments of surrouncling property owners. and 01hers aflec1ed 1n deciding whetner to recommend approval or denial of 1ne requesl for the Tex1. The apphca11on mey be ~~~~~da~1 ~~~ ~:~~~:~~~. ~~?t~n2o~~~i;;:rJ County Plaza Bu1fd1ng. Glenwood Spnngs . Colorado between 1he hours of 8 30 a m and S.00 p.m .. Monday through Ftlday. A public hearing on lhla appllc.tlon haa been scheduled f or the Pt•nnlng Comml11lon on Wednesday, October 13th, 2010 •t 6:30 p.m., 1n the Coun1 y Comm11s1oner'1 Met11ng Room , Gart1e l d County Plaza Building 108 8th Street . Glenwood Spnngs. Colorado Plann.ng Oepanmenl Gai'flllkl County • Pubi.shed '"!lie Clta.en Telegram on September 2, 2010. (54m28} August 25, 2010 Attention : Craig Richardson Olsson Associates 826 21% Road Grand Junction , CO 81505 Garfield County BUUDIN G&PLANNINGDEPAR TMEN T Re: Request for a Text Amendments to Article VII -Sections 7-808 (D)(1) Major Temporary Employee Facilities ("Major Permit'? and 7-808 (D)(2) Minor Temporary Employee Housing Facilities ("Minor Permit'?, and Article XVI -Temporary Employee Housing Facility(ies) Definition, Section 16-101 -Major Temporary Housing Facilities Definition, and Section 16-101-Minor Temporary Employee Housing Definition. Dea r Craig , This office is in receipt of your Text Amendment application submitted by you for a request to amend the text of Articles VII, Section 7-808 (D)(1) -Major Temporary Employee Housing , and Section 7-808 (D)(2) -Minor T emporary Employee Housing, and Article XVI , Definitions - Temporary Employee Housing Facility(ies). T he purpose of th is letter is to inform you that the application has been deemed Technically Complete. Please understand that a determ i nation of technical completeness by this office shall not be deemed a recommendation of approval , finding of adequacy of the application, or a finding of general compliance with any goal or objective of the Garfield County Land Use Resolution of 2008 or the Comprehensive Plan of 2000 . In add ition, the Planning Department may recommend an expansion or alteration of you r request for code modifications to be consistent with other provisions of the Unified Land Use Resolution. The application will be reviewed by Staff, a staff report will be generated and sent to you (or your designated representative), and t~e Planning Commission will review, discuss , and make a recommendation to the Board of County Commis sioners (BOCC) at a public hearing . This hearing has been scheduled f or Wednesday, October 13th, 2010 Planning Commission agenda which begins at 6:30 PM . A public hearing before the BOCC has been scheduled for Monday, October 1st\ 201 O which begins at 1: 15 pm . Both hearings wi ll be held in the Commissioner's Meeting Room in the Garfield County Plaza Building , 108 a th St., Glenwood Springs, CO 81601 . The Applicant shall be solely responsible for the publication of these notices and shall present proof of publication at or before the October 13, 2010 Planning Commission hearing and at or before the October 18, 20 10 BOCC hearing . If correct noticing requirements have not been met, these meetings cannot be held . Notice for the meetings shall be given as follows : 1. Notice by publication , including the name of the applicant, a description of the proposed code amendment , nature of the meeting , and the date, time and place for the hearing shall be given once in a newspaper of general circulation in the County at least thirty 0375 County Road 352, Building #2060 •Rifle, CO 81650 (970) 625-5900 • Fax: (970) 625-5939 108 Eighth Street, Suit e 401 •Glenwood Springs , CO 81601 (970) 945-8212 • Fax: (970) 384-3470 (30) but not more than sixty (60) days prio r to the date such hearing , and proof of publication shall be presented at hearing by the app licant. (Please note: the Post Independent is no longer considered a legal paper for notification purposes. However , the Citizen Telegram does offer a legal paper option within Garfield County .) I have enclosed the appropriate notices with this letter for the Planning Commission and BOCC hearings as mentioned above for your convenience . Please note: Staff has provided these documents as a courtesy . The Applicant must verify that all information provided in these documents is correct. It shall be the obligation of the Applicant to correct any deficiencies in these documents such that proper notice in form and substance can be established . Please submit paper 22 copies of the completed application and 3 complete applications on compact disk to this office no later than Monday, August 30, 2010. The digital version should include a pdf of the entire application and a Microsoft Word version of the narrative and supporting analysis. If the copies have not been submitted by this date, your public hearing may be jeopardized. Do not hesitate to contact this office should you have further questions. Sincerely, Molly Orkild4Larson , A ICP , RLA Senior Planner 970-625-5903 Enclosed: Public Notice 2 RECEIPT/INVOICE !Applicant Daniel Padilla OXY USA WTP LP 760 Horizon DR Grand Junction, CO 81506- ~eturn!i:J ~arfield County 08 8th Street Suite 401 31enwood Springs, CO 81601- Fee Name Garfield County 108 8th StreetSuite401 Glenwood Springs, CO 81601· Phone: (970)945-8212 Fax: (970)384-3470 Invoice Number: INV-8-10-20463 Invoice Date: 8/18/10 Plan Case: Land Use Code Text Amendment, TXTP-B-10-6557 !Memo: Craig Richardson Olsson Assoc. 826 21 1/2 Rd. Grand Jct, CO 81505 Fee Type Fee Amount Land Use Text Amendment Fee Fixed $300.00 Total Fees Due: $300.00 r--~----~-.-·--~- ! .. · .. < I r--··-___ -~-~1;0s12_0_1 ~-----~-;.-yd-i;6_:_rd---~-~~~~k_N_u_l~;,-~ ~~~::~~·~~--~~=-:0_:_·1 1 ""-----------'®--~~;,,~~J'-~ Total Due: $0.00 I Wednesday, August 18, 2010