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HomeMy WebLinkAbout2.0 PC 10.13.10 Staff ReportExhibits-Text Amendment-OXY USA WPT LP TXTP 6557 PC Public Hearing (10/13/2010) '(xjQ, ~~;}:)>;;;';;< ..... ... . ....... {;.i:}> .· .. ·.•--.-.... ·-._._· .. -._· .. _· ... -------•-• < > A Proof of Publication, Posting, and Mailings B Garfield County Unified Land Use Resolution of2008, as amended c Garfield County Comprehensive Plan of 2000, as amended D Application E Staff Memorandum F Staff Powerpoint G Email from Jim Rada, Garfield County Enviromnental Health, dated September! 0, 2010 H Email from the Town of Parachute, dated September 2, 2010 I Letter from Grand Valley Fire Protection District dated September 14,2010 - Planning Commission 10/13/2010 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 Olsson Associates, Craig Richardson The Applicant, OXY USA WTP LP, is a property landowner in Garfield County within the zoning district of Resource Lands. Within 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 (D)(1) Major Temporary Employee Housing Facilities ("Major Permit"); and, • Article 7-808 (D)(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. Ill. 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 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. • Encourage the location of industrial 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 Employee Housing Facility and any associated infrastructure ("Minor Facility(ies)'J 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) 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, Paleontological 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 Section 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 bel ieves th is amendment will cut down on vehicle trips and better serve the environment. Grand Valley Fire Protection District (Exhibit 1): 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 w ithin 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 FacilityCies) 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 recreational vehicles (with the exception that Small Facilities shall not include recreational vehicles per Article 7-808 (D)(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 exec ution and safety of the related operation.§., including~ 1) Small Facilities are occupied by eight (8) or fewe r 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",; a. Minor Facilities with in the Rural, Residential-Suburban . Res identia 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 employees . contractors . and sub-contractors supporti ng operations at that "Permitted Site." b. Minor Facilities w ithin the Resource Lands-Plateau Zone District located on a "Permitted Site" may accommodate employees . contractors. and sub- co ntractors supporting operations on another "Permitted Site ." c . Minor Facilities within the Resource Lands -Escarpment. Ta lus S lopes . and Gent le Slopes Zone Districts shall be located on a "Permitted Site " and shall 3 accommodate on ly emolovees. contractors. and subcontractors supporting operations at that "Permitted Site" unless 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 d istance criteria, the n its' employees . co ntractors. a nd s u b-co ntractors may support ope ra t ions on another "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 "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 Housing Facilities or any associated infrastructure (including ISOS) ("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 smaU Major .E acility and are supporting proper execution and needed for onsite safety of the related commercial, industrial, extraction or highway operation§. Amendment to Article XVI, Section 16-101. Minor Employee Housing 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 ("M inor Facility(ies)") must be completely contained within a sta te 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 the Permitted Site for less than a cumulative of one (1) year; and, 4 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 s u pporting the proper execution and safety of the related commercial , industrial , extraction or highway operation.§.. · Amendment to Article 7-808 (0)(1) Majo r Temporary E mployee Ho using Standards 1. Major Tempora ry E mploye e Ho us ing Fac ilities ("M ajor Pe rmit"}: a. At times of severe housing shortage , extremely remote locations or other emergency conditions , §pecial Use Eermits 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 e xtraction or highway operations of substantial si ze in any zone district by the County Commissioners through the §pecial Use E ermit process . Such housing shall be of a temporary nature. At the exp iration 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 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 Housing Facilities shall have at least one of the following basic characteristics (Resolution 201 0-26): (1} The Major Temporary Employee Housing Facilities or any associated infrastruct ure (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 smaU Major E acility and are supporting the proper execution and needed for 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 a ny one g ive n time, will be on location for less than a cumulative of one (1) year and are complet ely contained within a state or federally permitted parcel (i.e. "Mi nor Facilities" or "Small Facility") are subject to the 8 dmin is trative Review process contained in Section 4 104 Article IV of th is 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. 5 (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 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 Employee Housing Operator must maintain all records including but not limited 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 eng ineered 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 total of 2000 gallons or greater of wastewater and sewage per day. (c) All potable water systems shall in clude 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 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 6 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 o r demonstrate that app lications for any necessary perm its 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 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 ~ 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 APD 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 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 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 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 7 operational or security reasons must be managed in accordance with all applicable federal , state and local laws and regulations. (a) Fire Protection General Requi rements: 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) 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 (1 00) 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 in itial 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 .2.1 0 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 veh icle 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 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 anima ls 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 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 the Garfield County Sheriff's Office and relevant Fire 8 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 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 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. (1 0) If there is suitable permanent housing inventory available in an area riear 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 "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 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 material or removed. Any waste material pumped from a wastewater tank or waste debris from 9 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 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%) 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. 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) 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. 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. 10 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 m 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 complian ce 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 Reso luti on 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 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 comp letely 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 Emp loyee Housing Facility and any associated infrastructure ("Minor Facility(ies)") must be completely contained within a state or federally permitted 11 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 ~ tRe 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§. Temporary employee housing facilities that do not have the three characteristics listed above, i.e., have an occupancy of eight f 8l or fewer people or 25 or more people, on location for more than a cumulative of one (1) year or not completely contained within a Permitted Site, i.e. "Small Facility" or "Major Facility", are subject to the §pecial Use Review process and standards and requirements contained in Article 7-808(0)(1-3) and the enforcement provisions of Article ~ XII. 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 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 coli 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 sanitary 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 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 12 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) §907.2.9 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 bu ilt nonresidential structure or recreational vehicle unit. 1 0) One (1) or more approved fire extingu isher(s) of a type suitable for flammable liquids , combustible materials and electrical fires (Class ABC) (Class A Class 8 and C lass Ct 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 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 . T he 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 ~ach Minor Faci lity 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 13 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 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 maximum number of persons , identified within the Minor Permit application , who will inhabit the M inor 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 safe and regular access for sewage hauling vehicles . (2) Provide a copy of the contract for hauling sewage . (3) Maintain all sewage disposal reco rds including but not limited to trip logs/reports and landfill rece ipts 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 insta ll ed as per State standards. Hauled sewage and wastewater service shall not be permitted for any facility which will generate a total of 2000 gallons o r greater of wastewater and sewage 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 maxi mum 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. VII. STAFF RECOMMENDATION Planning Staff recommends the Planning Commission forward a recommendation of approval to the Board of County Commissioners for the proposed text amendment with the additional modifications as outlined by Staff. 14 VIII. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS 1. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 2. 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. 3. That the application has met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 15 :->':OL'>-: ~>:-f~ori-.i­ ;:·s-T~·f·- I,~;~~:~J~,ct: '>-Date:_ Molly Orkild-Larson TXP-8-10-6557, OX'{ USA Text Amendment application Friday, September 10, 2010 2:02:02 PM Jim Rada Orada@garfield-countv.comtvd t:t"'tx,-:",;·,.·;,.,.,----------------------------------- flYiMolly, !\~~;IVjune suggestion regarding the proposed language: ;<'{?,_'{_;_'['·\;.-• Major Permit Section l.c.(l)(b)4), I would recommend that an additional requirement accompany the requested language stating something like "All potable water systems at Major THF must include a meter and records must be kept of daily potable water usage". This will assist the County, if need be, in determining if the facility is being operated as engineered and if the facility is in compliance with ISDS regulations and State Water Quality regulations (i.e. > 2000 gpd water usage may equate to >2000 wastewater generation). [Tt~anks for the opportunity to review this application. 0'7-~=:;,~.<··--,-__ ~" ~'a;i::~-r :-; fY·:- !;lim !\.ada, 1\.E_HS i\E~vironinental Health Manager f.9?tiield County Public Health 'r;~~()W 14th. Street ';J'Siije,GO 81650 ~~il~ne970-625-5200 x8113 :t;,ll .. .970-319-1579 ''F:ai: ··-• .97D-625-s3o4 [;\~~~Ljrada@garfield-county.com i'l'!¥ www.garfield-county.com From: To: Rt?bert Knight Molly brkild-Larson Subject: Review of file· TXP-8:..10-6557 Date: Attachments: Thurs~ay, September 02, 2010 1:51:39 PM Rob~rt J KniQht.vcf Molly I have reviewed the Oxy application and we are in support of their request. Having the man camps serve multiple locations should cut down on trips and better serve the environment Rohert J. Knight : Town Of Parachute Town Administrator (97D) 285-7630 Work robertk@parachutecolorado.com 222 Grand Valley Way PO Box 100 Parachute, Co 81635 From: To: Cc: Subject: Date: Molly, Rob Ferauson Molly Orkild-Larson "Nick Marx" Oxy USA WTP LP Tuesday, September 14, 2010 11:14:33 AM 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 De beque 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 should not exceed 75 feet. Under minor standards: # 14 The 2500 gallons of water storage is for initial Wildland and structure mitigation ONLY. This should not have anything to do with the Sprinkler System water storage. That number will come from the sprinkler system manufacture as to how much water is required for that specific system. Rob Ferguson Deputy Fire Chief-Operations Grand Valley Fire Protection District Office: (970) 285-9119 Fax: {970) 285-9748 email: gvfpdops@sopris.net