Loading...
HomeMy WebLinkAbout3.0 BOCC 10.18.10 Staff ReportExhibits -Text Amendment -OXY USA WPT LP TXTP 6557 BOCC Public Hearing (10/18/2010) Exhibit Exhibit Letter (A to Z) A Proof of Publication B Garfield County Un ifi ed Land Use Resolution of2008, as amended c Garfield County Comprehensive Plan of2000, as amended D Application E Staff Memorandum F Staff Powerpoint G Email from Jim Rada, Garfield County Environmental Health , dated SeptemberlO, 2010 H Email from the Town of Parachute, dated September 2, 2010 I Letter from G rand Valley Fire Protection District dated Seotember 14, 2010 BOCC 1011812010 MOL PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT (OWNER): REPRESENTATIVE: I. BACKGROUND Text Amendment to the Unified land Use Resolution of 2008, as amended, TXTP 6557. Amend: Article XVI -Temporary Employee Housing Definitions, Article 7-808 (D) (1), and Article 7-808 (D) (2) OXY USA WTP LP OXY USA WTP LP, Craig Richardson The Applicant, OXY USA WTP LP, is a property landowner in Garfield County within the zoning district of Resource Lands. Wtt:hin this district the Applicant has obtained Land Use Change Permits for Major and Minor Temporary Employee Housing. II. REQUEST The Applicant proposes text amendments to the Major and Minor Temporary Employee Housing regulations and definitions. The Applicant is specifically proposing a text amendment to the Minor Temporary Employee Housing (MTEH) to allow employees, contractors, and subcontractors housed at one (1) Colorado Oil and Gas Conservation Commission (COGCC) well pad (Permitted Site) to work on another Permitted Site within the Resource Lands Zoning District. The following sections of the Unified Land Use Resolution of 2008, as amended (ULUR) are requested to be amended including: • Article 16, Major Temporary Housing Facilities, Minor Temporary Housing Facilities, and Temporary Employee Housing Facility(ies) Definitions; • Article 7-808 (0)(1) Major Temporary Employee Housing Facilities ("Major Permit"); and, • Article 7-808 (0)(2) Minor Temporary Employee Housing Facilities ("Minor Permit"). The Applicant believes that allowing workers living on one Permitted Site to work another Permitted Site will reduce truck traffic related to the delivery and installation of housing units, allow for the construction of smaller well pads, limit 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 overall environmental impacts are reduced. 111. COMPREHENSIVE PLAN LAND USE GOALS AND OBJECTIVES The Comprehensive Plan discusses basic policy direction for land use in Garfield County. The following are some of the Goals, Objectives, and Policies that apply to this proposed text amendment to the Unified Land Use Resolution of 2008, as amended, referenced by the item number of Section IV: Goals, Objectives, Policies, and Programs. 4.0 Commercial and Industrial Uses Industrial • Garfield County will encourage the development of a diversified industrial base for the County wl1ich recognizes the human resources, natural resources and physical locatio11-to-market capabilities of the community, and wl1ich further recognizes and address the social and environmental impacts of industrial uses. • Encourage the location of indt1strial development in areas where visual, noise, air quality and infrastructure 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. IV. CONSISTENCY WITH EXISTING COUNTY REGULATIONS Section 7-808 (D)(2)(a)(1) of the ULUR, MTEH permits shall have the following basic characteristics including: 1) The Minor Temporary E1nployee Housing Facility and any associated infrastructure ("Minor Facility(ies)'} must be completely contained within a state or federally permitted parcel (i.e. Colorado Oil nnd Gas Consetvation Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetation are secured with the per1nitting agency (Permitted Site) As a proposed Land Use Change Permit, each Minor Temporary Employee Housing must demonstrate conformance with the applicable County and State standards and regulations. Development standards are listed for all Land Use Change Permits and encompass a broad range of impacts including, but not limited to: Access and Roadways, Agricultural Land, Wildlife Habitat Areas, Wetlands and Waterbodies, Water Quality standards, Erosion and Sedimentation, Drainage, Stormwater Run-Off, Air Quality, Wildfire Hazards, Natural Hazards and Geologic Hazards, Archeological, Paleontologica! and Historical Importance as well as Reclamation. V. REFFERAL AGENCY COMMENTS Comments have been received from the following agencies and departments. Garfield County Public Health (Exhibit G): This department recommends adding language to Seclion 7-808 (D)(1)(c)(1)(b)(4). stating that all potable water systems at Major Temporary Housing Facility include a meter and records kept on a daily basis to monitor potable water usage. This recommendation is proposed to assist the County, if need be, in determining if the facility is being operated as engineered 2 and if the facility is in compliance with ISDS regulations and State Water Quality regulations (i.e . >2 ,000 gpd water usage may equate to >2 ,000 wastewater generation). Town of Parachute (Exhibit H): This municipality believes this amendment will cut down on vehicle trips and better serve the environment. Grand Valley Fire Protection District {Exhibit I): This agency recommends adding to the Major Temporary Employee Housing standards , Section 7-808 (D)(1)(b)(7)(a) that the distance of fire extinguishers shall not exceed 75 feet. This agency also discusses wildland water storage. VI. STAFF COMMENTS Presently , the ULUR does not allow a MTEH Facility to house workers on a Permitted Site and work on another Permitted Site . Allowing this live/work option within the Resource Lands Zone District will reduce impacts to the environment by not having to enlarge existing well pads to accommodate MTEH facilities , smaller footprints for well pads not housing employees, and reduce employee and service traffic. Staff recommends the following changes to the ULUR as follows . Changes to text are show as Strikethrough = Deletion of text and Underline = Addition of text. Amendment to Article XVI, Section 16-101 , Temporary Employee Housing Facility(ies) Definition Temporary Employee Housing Facility(ies). The use , during times of housing shortage or in 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 rec reational 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 a commercial , industrial , mineral extraction or highway operation.§. and who are needed onsite for to support the proper execution and safety of the related 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-fou r (24) people at any given time on a "Permitted Site",; a. M inor Facil ities w ith in the Rura l. Residential-Suburban , Residential -Urban , Residential-Manufactured Home Park . Commercial-Business , Commercia l- Limited, Commercial-General , and Industrial Zone Districts shall be located on a "Permitted Site" and shall accommodate on ly employees , contractors . and sub-contractors supporting operations at that "Pe rmitted Site ." b . Minor Facil ities within the Resource Lands -Plateau Zone District located on a "Permitted Site" may accommodate employees . contracto rs , and sub- contractors supporting operations on another "Permitted Site." c. Minor Facilities within the Resource Lands -Escarpment . Talus Slopes . and Gentle Slopes Zone Districts shall be located on a "Permitted Site " and shall 3 accommodate only employees . contractors . and subcontractors supporting operations at that uPermi tted Site" un less it can be demonstrated that the proposed facility is greater than 10 miles from a municipal or town boundary. If a Minor Facility located on a "Permitted Site" satisfies this distance criteria . then its' employees . co ntractors . and sub-contractors may support operations on another "Permitted Site ." d . 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 w ill 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 time 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, Major Temporary Housing Facilities 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 Hou sing Facilit ies or any associated infrastructure (including ISOS) rMajor Facility(ies)) is not completely contained within a §late 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 occupancy of twenty:five (25) people or more who are employees , contractors or sub-contractors of the operator of the sm.ait Major E acility and are supporting proper execution and Ae04ed for onsite safety of the related commercial , industrial, extraction o r highway operation§. Amendment to Article XVI, Section 16-101, Minor Employee Housi ng Facilities 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 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 , 4 2) The Minor Facility is located at the Permitted Site for less than a cumulative of one (1) year; and , 3) The Minor Facility shall have occupancy of nine (9) to twenty-four (24) people who are employees, contractors or sub-contractors of the operator and are needed for onsite supporting the proper execution and safety of the related commercial , industrial, extraction or highway operation§.. Amendment to Article 7-808 (0)(1) Major Temporary Employee Housing Standards 1 . Major Temporary Employee Housing Facilities ("Major Permit"): a. At times of severe housing shortage, extremely remote locations or other emergency conditions , Special Use Permits Major Impact 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 home or camper trailer is being used for temporary living quarters and not recreational purposes] may be granted for projects within Garfield County related to commercial , industrial, mineral extraction or highway operations of substantial size in any zone district by the County Commissioners through the Special Use Permit-Major Impact 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 infrastru cture shall be removed . Review of the permit shall be subject to Section 4-106 of this code , as a Major Impact E ermit. All Major Impact Permits for Centralized Employee Housing/Major Temporary Employee Housing Facilities are subject to all applicable building code, state or federally permit requirements , fire protection district requirements and fire code requirements. Major Temporary Employee Ho usi ng Facilities shall have at least one of the following basic characteristics (Resolution 2010-26): (1) The Major Temporary Employee Housing Facilities or any associated infrastructure (including ISDS) ("Major Facility(ies)) is not completely contained within a .§.tate or f ederally 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 occupancy of twenty:five (25) people or more who are employees, contractors or sub-contractors of the operator of the sma U Major Eacility and are supporting th e proper execution and flee€1eG-fer onsite safety of the related commercial, industrial, extraction or highway operation.§. b. Temporary Employee Housing Facilities having an occupancy of 24 or fewer 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 state or federally permitted parcel (i.e . "Minor Facilities" or "Small Facility") are subject to the A dministrative Review process contained in SeGtieA-4-4-04 5 Article IV of this code. c. Major Impact Permits for Major Facilities : The Temporary Employee Housing Operator sha ll 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 app licable state and local laws and regulations . In addition, all sewage must be disposed of on-site usin g 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 environmenta l, topographic or engineering conditions where the temporary housing is to be located ; or .. (b) That , at the discretion of the Garfield 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 Emp loyee Housing Operator must 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 , 3) The temporary housing must not exceed a cumulative of one (1) year at an approved location . 4) These facilities shall be designed to accommodate 75 gallons of wastewater per person per day or in an amount derived from engineered calculations taken from metered usage rates at a similar facility which has been reviewed and approved by the County . 5) 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 installed as per State standards. Hauled sewage and wastewater service shall not be permitted for any facility which will generate a tota l of 2000 gallons or greater of wastewater and sewage per day. {c) All potable water systems shall include a meter and records shall be kept to monitor the daily usage. (2) For sites where potable water is hauled to and wastewater is hauled out , Temporary Employee 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 6 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 monthly 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. Water systems facilities permitted by the Colorado Department of Health and Environment (CDPHE) must obtain all necessary state permits or demonstrate that applications for any necessary permits have been subm itted prior to the scheduling of a Major Impact Permit for Temporary Employee Housing public hearing and maintain continuous conformance to state regulations at all times 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 between Major Facility(ies), regardless of land ownership or operator. Major Impact Permits for Temporary 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 tAe .2 Colorado Oil and Gas Commission (COGCC) approved well pad and there will be no new additional land disturbance outside of tAe § COGCC approved well pad area. If the Temporary 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 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 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 only. Annual. renewal review shall be based on the standards herein as well as all conditions of the permit. A permjt 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 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) will be at the proposed location along with a statement 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 for 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 Permit 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 7 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 fire apparatus, sheriff's office and resident employees. All fires are subject to §307 of the 2003 Internationa l Fire Code (IFC) or subsequent adopted fire codes including but not limited to permits, attendance, open fires , coal grills, fire bans and bon fires . One (1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (Class A , Class B and 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) seventy-five (75) 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 system, and/or alarm system shall be inspected, tested, and maintained in accordance with 2003 IFC §901.4 and §901 .6 or subsequent adopted fire codes 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 manufactured home or recreational vehicle units in accordance with 2003 International Fire Code (IFC) §907.2 .9 and §907.2.10 or subsequent adopted fire codes 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. a) 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 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. b) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Major Facility(ies)site are provided. c) 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, 8 including location of the temporary employee housing site; private and public roadways accessing the site, marked as open, gated and/or Jocked; and detailed directions to the site from a major public right-of-way. The map is subject to approval by the 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 the site is restored to the satisfaction of the County Building and Planning Director. (9) If a Major Impact Permit for Major Facflities 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 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 Pennit 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 the discretion of the BOCC, 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 liPermitted 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 recontoured. 9 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 material or removed. Any waste material pumped from a wastewater tank or waste debris from 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 Pennit 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, all disturbed areas will be restored and re-vegetated 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. Al! 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) 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 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. In the absence of an agreement between the Temporary 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. 10 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) (13){c)(1) of this section, and observation by the Director or designee over two ill growing seasons has indicated no significant unrestored subsidence. 2) On non-crop land , reclamation has been performed as per 11 (c)(2) (13)(c)(2) of this section , and the total cover of 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 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 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 that final reclamation has been approved. f) Specifically as to revegetation , the 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. Amendment to Article 7 -808 (0)(2) Minor Temporary Employee Housing Standards 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 Perm it 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), state and federal permits and relevant fire protection district(s) fire code requirements . 11 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 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 E. tAe Permitted Site for less than a cumulative of one (1) yea r; and , 3) The Minor Facility shall have occupancy of nine (9) to twenty-four (24) people who are employees, contractors or sub-contractors of the operator and are needed for onsite supporting the proper execution and 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 eight .{81 or fewer people or 25 or more people , on location fo r more than a cumulative of one (1) year or not comp letely contained with in a Permitted Site, i.e. "Small Facility" or "Major Facility", are subject to the Spesial Use Review Major Impact Review process and standards and requirements contained in Article 7-808(0)(1 -3) and the enfo rcement provisions of Article -12 XI I. 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 regulat ions . 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 suppl ied 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 sha ll conduct monthly tests (or quarterly 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 Garfield County Board of Health or designee within 72 ho urs from the time the contaminated water was tested. 4) Minor 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 at the Minor Facil ity for operational or security reasons must be managed in accordance with all applicable federal , state and local laws and regulat ions . 5) At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container sha ll be provided for each factory built nonresidential structure or recreationa l veh icle unit. Said container(s) must be durab le, washable , non-absorbent metal or plastic w ith tight-fitting 12 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 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 or subsequent adopted fire code 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) §90 7.2.9 and §907.2 .10 or subsequent adopted fire code 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 electrical fires (Glass ,l\BG) (Class A. Class B and Class C), or dry chemical , shall be located in each factory built nonresidential structure or recreationa l vehicle unit and placed in accordance with applicab le 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) W ithin 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 the Operator's Compliance Officer, indicating that all housing structures , foundations and associated infrastructure has been removed within the specified timeframe . 13) No domestic anima ls 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 g ach Minor Facility shall have at least one (1) water storage tank with a minimum of 2500 gallons of water for initial fire suppression , 13 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 Sheriffs 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- 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 max imum number of persons , identified within the Minor Permit application , who wi ll inhabit the Minor Facility. In addition , a ll vau lt 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 mainta in ed 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 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 pe rson per day, then the facility shall be serviced by an ISDS installed as per State standards . Hauled sewage and wastewater service shall not be permitted for any facility which will generate a total of 2000 gallons or greater of wastewater and sewage per day. (b) Individual Sewage Disposal System (ISDS): If an ISDS is proposed or has been approved, then it sha ll be designed, insta ll ed 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 . 14 VII.PLANNING COMMISSION RECOMMENDATION Discussion during the Planning Commission public hearing proposed the following text amendments including: Amendment to Article XVI. Section 16-101. Temporary Employee Housing Facility(iesl Definition Temporary Employee Housing Facility(ies). (2) (d) 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. Amendment to Article 7-808 (D)(1) Major Temporary Employee Housing Standards 1. Major Temporary Employee Housing Facilities ("Major Permit"): a. Replace "Special Use Permits" with Major Impact Permits" and "Special Use Permit" with "Major Impact Permit" Amendment to Article 7-808 (0){2} Minor Temporary Employee Housing Standards (2) (a) (3) Replace "Special Use Review" with "Major Impact Review" Planning Commission recommends the Board of County Commissioners APPROVE the proposed text amendments with the additional modifications as identified above. VIII. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS 1. That the proper publication was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. 2. That the public hearing before the Planning Commission and Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 3. That the proposed text amendment can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 15 From: To: Subject: Date: Atta chments: Hi Molly, Jim Rada Molly Orklld-Larson TXP-8-10-6557, OXY USA Text Amendment application Friday, September 10, 2010 2:02:02 PM Jjm Rada lirada@garfield-couoty.coml.yct Only one suggestion regarding the proposed l anguage: EXHIBIT ~ Major Perm it Section 1.c.(1)(b)4), I would recommend that an additional r equ i rement accompany the requested lan g uage stating something like " All potable water systems at Major THF must include a meter and record s must be kept of daily p otable water usa ge". Th is will assist the County, if need be, in determining if the facility is being operated as eng ineered and if the facility is in comp liance with ISDS regulations and State Water Quality regulations (i.e.> 2000 gpd water usage may equate to >2000 wastewater generation). Thanks for the opportunity to review this app li cati on. Jim Rada , RE.HS nvironmental Health Manager Gar11eld County Public Health 195 W 14'h Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970 319 -1579 Fa 970-625-8304 Email jrada@garfield-county .com Wtb www .garfield -coun ty .com From: To: Subject: Date: Attachments: Mo ll y Robert Knjght Molly Orkild-Larson Review of file TXP-8-10-6557 Thursday, September 02, 2010 1:51:39 PM Robert J Knjghtycf EXHIBIT IH I have reviewed the Oxy app l ication and we are in suppo rt of t h eir requ est. Having the man camps se rve mu ltiple l ocations sho uld cut down on trips an d better serve the e nvironment Robert J. Knight To wn Of Parachute To wn Administrator (970) 285 -7630 Work robertk~par achutecolor ado. com 222 Grand Valley Way PO Box 100 Parachute, Co 81635 From: To: Cc: Su bject: Date: Molly, Rob Ferguson Mo!lv Orklld -Larson "Nick MaOC' Oxy USA WTP LP Tuesday, September 14, 2010 11:14:33 AM EXHIBIT I :r: Sorry I have been on Vacation for the last 2 weeks and just got in and see that the review for OXY USA WTP LP is not in our Fire District and is in Debeque Fire District I believe. The file number on it is TXP -8-10-6557. I did look over real quick and noticed a couple of things. Under Major Temp. Employee Housing standards Proposed language : #7 (a) Fire Protection General Req's: Distance on Fire extinguishers shows 100 feet. This shou ld not exceed 75 feet. Under minor standards: # 14 The 2500 gallons of water storage is for initia l Wildland and structure mitigati on ONLY. This should not have anything to do with the Sprinkler System water storage. That number will come from the sprinkl er system manufacture as to how much water is required for that specific system. Rob Ferguson Deputy Fire Chief -Operation s Grand Valley Fire Protectio n District Office: (970) 285 -9119 Fax: (970) 285-9748 email: gvfpdops@sopris.net