HomeMy WebLinkAboutResolution 2010-861111 Wo~. ~~,.V'.I.,'"i:,•tH•t RIWI' !1M !W !W'~j~ ~·~ 1111 II I
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STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday
the 181h of October, 2010, there were present:
,cJo,hn""'""'M~art"'-"'in"---------------' Commissioner Chairman
,_,Mi"'"""k"'"e_,S,.am.,..,s,on"------------' Commissioner
_.T..,re,s"-i "'"H"'o"'u,.pt"-------------' Commissioner
..,D,o,.,n'-'D~e'CCF'-'o"'rd"-------------' County Attorney
,-.,Je"-'an!!L!A"'l"'b"'en'-'·"'co"-------------• Clerk of the Board
""'Ed,._,G,_,r"'e"'en"--------------' County Manager (absent)
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2010-86
A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT
TO AMEND THE TEXT OF ARTICLE XVI, DEFINITIONS OF MAJOR TEMPORARY
HOUSING FACILITIES, MINOR TEMPORARY HOUSING FACILITIES, AND
TEMPORARY EMPLOYEE HOUSING FACILITY(IES), ARTICLE VII SECTION 7-
808 (D)(l) MAJOR TEMPORARY EMPLOYEE HOUSING FACILITIES ("MAJOR
PERMIT"), AND ARTICLE VII SECTION 7-808 (D)(2) MINOR TEMPORARY
EMPLOYEE HOUSING FACILITIES ("MINOR PERMIT").
PARCEL NO# N/A
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a Text
Amendment application from OXY USA WTP LP to Amend the Text of Article VII and Article
XVI of the Unified Land Use Resolution of2008, as amended.
C. On October 13,2010 the Garfield County Planning and Zoning Commission opened a
public hearing on the proposed text amendments and forwarded a recommendation of approval
with changes by a vote of 6-0 to the Board of County Commissioners.
D. On October 18, 2010, the Board of County Commissioners opened a public hearing
upon the question of whether the Text Amendment should be approved, approved with changes,
or denied at which hearing the public and interested persons were given the opportunity to
express their opinions regarding the issuance of said Text Amendment.
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E. The Board of County Commissioners closed the public hearing on October 18,2010 to
make a final decision.
F. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
I. That the applicant has met the public notice and public hearing requirements of the
Garfield County Unified Land Use Resolution of 2008, as amended, 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Garfield County Unified Land Use Resolution of2008, and identified
as its Resolution No. 08-115, as subsequently amended by this Board, shall be and hereby is
amended as shown on the attached Exhibit A and said language will be incorporated into the
codified Garfield County Unified Land Use Resolution adopted on October 13, 2008:
<?~ ~I ADOPTED this o day of NOve .-n ~ , 2010
ATTEST:
Upon motion duly made and seconded the fore
following vote:
Mike Samson
Tresi Houpt
Joho Martin
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GARFIELD COUNTY BOARD OF
CO ONERS, GARFIELD
CO LORADO
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STATEOFCOLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WilNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this __ day of , A.D. 2010.
County Clerk and ex-officio Clerk of the Board of County Commissioners
EXHIBIT A
Changes to text are show as StrilmtRraloi~R = Deletion of text and Underline = Addition of
text.
Amendment to Article XVI. Section 16-101. Temporary Employee Housing Facilitv!iesl
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 aAsite fer 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-four (24) people at any given time on
a 'Permitted Site",;
a. Minor Facilities within the Rural, Residential-Suburban, Residential-Urban,
Residential-Manufactured Home Park, Commercial-Business, Commercial-Limited,
Commercial-General, and Industrial Zone Districts shall be located on a "Permitted
Site" and shall accommodate only employees. contractors, and sub-contractors
supporting operations at that 'Permitted Site."
b. Minor Facilities within the Resource Lands -Plateau Zone District located on a
"Permitted Site" may accommodate employees, contractors, and sub-contractors
supporting operations on another "Permitted Site."
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c. Minor Facilities within the Resource Lands-Escarpment. Talus Slopes. and Gentle
Slopes Zone Districts shall be located on a "Permitted Site" and shall accommodate
only employees. 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 distance criteria. then its' employees. contractors. 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 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 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 ISDS) ("Major 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 small Major Eacility and
are supporting proper execution and neeses 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.
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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 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 neeaea fer ensile
supporting the proper execution and safety of the related commercial, industrial,
extraction or highway operation§..
Amendment to Article 7-808 10111)
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, Spesial Use Permits Major Impact Pennits 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 S~esial Use Permit Major Impact Penn it process. Such housing shall be of
a temporary nature. At the expiration of the penn it, the lands shall be restored and all
housing structures and associated infrastructure shall be removed. Review of the penn it
shall be subject to Section 4-106 of this code, as a Major lmpactEennit. 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 2010-26):
(1) The Major Temporary Employee Housing Facilities or any associated infrastructure
(including ISDS) ("Major 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 pennitting 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 small Major facility and
are supporting the proper execution and neeaea fer ensile safety of the related
commercial, industrial, extraction or highway operation§..
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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 8dministrative Review process contained in Sectien 4
-W4 Article IV 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 Dispcsal 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 logsfreports and landfill receipts; and,
2) All sewage disposal records must be maintained as public records to be
available to the County andfor 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 total 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.
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{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 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 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 tile ~ Colorado Oil and Gas Commission (COGCC) approved well pad and
there will be no new additional land disturbance outside of tile ~ 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
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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:
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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 infonn 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 hllnarea (1 00) seventy-five (751 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 alann
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
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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 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
(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
"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,
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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 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:
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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.
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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 sije and access road will be considered
completed when:
1) On crop land, reclamation has been performed as per 11(s)(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 (s)(2)
(13Hcl(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 (01121
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 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:
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12 of 14 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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 g tAe 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 neeaea fer
Gflsite 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 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 Special Use Re~·iew Major Impact Review process and standards and
requirements contained in Article 7-808(0)(1-3) and the enforcement provisions of
Article 4-2 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
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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 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 (Class ABC) (Class A, Class B and
Class C\, 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. 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 !2ach 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 reqwnng 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.
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14 of 14 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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 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
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
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.
(b) Individual Sewage Disposal System (ISDS): If an IS OS 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.
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