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HomeMy WebLinkAbout3.0 Staff Report 11.7.06,h/6 VI. STAFF COMMENTS Due to the nature and scope of this request, staff feels that extensive revision of section 5'02'21 is necessary to ensure that the proposed camps promote-and not degrade the health' safety and welfare of the Garfield County community. At "'*"rltof input from the planning staff' leg-al staff' building staff, Public Health bepartmeni, Vegetation Management 31d the Sheriffs ffice' the following commenti and sugg'ested tanguJge nas been drafted for the Board of County Commissioners to consider: Update 9, 10/19/2006 Color Key: Red - Applicant proposed changes' Blue - Staff proposed changes or comments' Bla€k - Staff proposed strike of original text' :.,'1';,,:, , - Planning Commission Comments/Questions Garfield County Zoning Resolution of {978 ProPosed Text Amendment 5.O2.21 o Staff recommends titling this section: "5.02.21 Special Use Permits for Temporary Emplovee Housinq.". (1) peim-ii iieeess, Sueh neusing sna[ ue *? temperacfnature-andsl+al.lh ,^^.When-*le cen struetien -L -tl -^a L^ g+ante+ Staff recommends the following language: "(1) At times of severe housinq shprtaqe' re of mes ned ffiffiffi;;-";,*;;; ; nJ;re;tiena I ve h ictes m ay be s ranted re lated a | -. - -) L:-L...^., ^^^ata ra+ian nra:aa+o af Cr thetantial Si=e ill tem C.R 102 42-1-42-1- with for wi onal ndn to I the ll be of restor al t and federal permit requirements. fire protection district requirements and fire code requirements." The replacement of "mobile houses" updates the code with "manufactured homes" [C,R.S. 42-1-102 (106) (b) "Manufactured home" means any preconstructed building unit or combination of preconstructed building units, without motive power, where such unit or units are manufactured in a factory or at a location other than the residential site of the completed home, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle.] As the amendment maintains the use of recreational vehicles, camper parks would still be permitted as a means of housing workers. [C.R.S. 42-1-102 (61) "Noncommercial or recreational vehicle" means a truck, or unladen truck tractor, operated singly or in combination with a trailer or utility trailer or a motor home, which truck, or unladen truck tractor, or motor home is used exclusively for personal pleasure, enjoyment, other recreational purposes, or personal or family transportation of the owner, lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise.] (2) ing en Censtruetien Sites: Theapplieant ien' Staff recommends including site plan standards with the following language: "(2) Special Use Permit for Temporarv Housinq: The applicant shall submit an adequate site plan. consistent with $9.01.01 and includinq proposed water supplv, proposed method of sewaqe treatment and names and addresses of adiacent propertv owners." (A) Fer self eentained temperary heusing units' the applieant must demenstrate anC Staff recommends the followinq lanquaqe: "(A) Water and wastewater svstems proposed to service temporarv housinq must complv with all applicable state and local laws and regulations. ln addition. all sewaqe must be disposed of on-site usinq an lndividual Sewaoe Disposal System (ISDS) unless the applicant can prove:-with-a++ependeranee €f€vid€,rq€er G *t4 $a.€/ a,/ /<* //4qPt4 {acre>*tvt of fra- 6oe"/a//*441. That an ISDS system is not feasible due to environmental. topooraphic or enqineering conditions where the temporary housino is to be located: or That vear-round access is available and will be main ition ble f facil reoular access for sewaoe h hea licant must demonstrate and quarantee an arranqement for haulinq must maintain all records demonstratinq frequencv of sewaqe collecti-on and al of sewaqe at an aporoved facilitv. All ^s{ L"/ rto(- ha--fep.( k. dis I records must be niaintained as public records to be available to the Countv or anv other interested ![!fO Partv uPon requeqf . Due to the potential remoteness of these camps, staff feels an ISDS capable of handling onsite disposal is necessary since road closures caused by inclement weather are a real possibility. (B) rf sys{em must is to be+revide4 then it must comply ut#h+peeifielien+appreved Sy+neeeun$, and if appropriate, the Colorado Department of Public Health and Environment. recommends the following language: "(B) For sites where potable water is hauled to wastewater is hauled iate records, to be to the Countv upon request, to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facilitv. For facilities m le water disclosed to the Garfield Coun . Water (c) le4 R -/*ffi---brl,/o{ L*tU cn o(*.xU -v ln no case shall unsafe water be used for drin[ing nor shall raw sewage or used YNwohvn water be discharged on the ground surface. (D)- Temperary heusing shall be eensidered self eentained if it ineludes a teilet and a bath er sl'ewer, lf the proposed language for 2 (b) is agreed upon, then 2 (d) is presumably not necessary. proposes the following language: "(D) Temporary emplovee housinq sites must be I ne qreater than ene ( spacinq of at least one (1) mile between temporarv housino sites, reqardless of land ownership or if will b disturbance outside of the COGCC approved well pad area. lf the applicant is applvinq for temporary emolovee housinq on an approved COGCC well pad. the applicant must with the I Use itrfor Temporarv Emplovee Housinq."rto{ o The purpose of this language is to prevent many small camps from being created around the county. The implications of having many small camps are increased impact to the landscape through roads, sewage disposal and material samples specific for coli form. Anv tests indicatinq coli form contamination must be transportation as well as an enlarged possibility of problems through the shear number of housing sites. ln addition, more camps translates into more complex, time consuming and costly emergency response and enforcement. Staff changed the language from 1 temporary housing site per 320 acres to a 1 mile spacing due to varying interpretations and potentially difficult enforcement of the 1 per 320 density requirement. ln order to further reduce land impacts, staff has added language which provides for oil and gas extraction operations to be exempt from the 1 mile spacing in the Resource Lands zoning district if the housing is fully contained on a COGCC approved well pad. This will reduce the need for disruption of otherwise unbroken land as well as reducing vehicle miles by allowing workers to reside at their workplace. (3) The maximt*r allewable time length ef the permit is sir(6) menths one (1) year. Fer geed eause shewn; the perrnit may be renewed, By way ef example and net ing Staff recommends the following language: "(3) The maximum allowable time lenqth of the special use permit is subiect to one ('1) year efGeuflt+€emmissiene+s. For qood cause shown, the permit mav be renewed annuallv in a public meetinq with notice by agenda onlv. Annual renewal review shall be based on the standards herein as well as all conditions of the permit A permit mav be revoked nq called up bv staff or the aoa(_grcgqlly Commissioners. Bv wav of example and not limitation. continued non-availabilitv of a permanent housino inventory or the nature of the construction or extraction proiect mav constitute "qood cause" for renewal." (4) Temperary heusing shall be leeated en a eenstruetien sit+authorized by a governmental agency er reasonablynas+eenissue+ eenstruetien empteyees a nd subcontractors emplo)ree$ Staff recommends the following language: "(4) Temporarv housinq shall be located at a site authorized bv the Board of Countv Commissioners and identified on the relevant site plan submitted with the Special Use Permit. lnhabitants of the temporarv housinq shall be applicant's emplovees and/or subcontractors, workinq on the related construction or mineral extraction ooeration. and not dependents of emplovees, quests or other familv members." ian€e Staff proposes the following language: "(5) Temporary emplovee housinq sites shall be maintained in a clean, safe and sanitary condition. free of weeds and refuse. Anv hazardous or noxious materials that must be stored on site for operational or securitv 8 reasons must be manaqed in accordance with all applicable federal, state and local laws and requlations". Fire Protection; General Requirements: 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 tenants about means for summoning fire apparatus, sheriffs eepa*me* qffEe and park lesident employees. fle epen fires shalr be @ One (1) or more approved extinguishers of a type suitable for flammable liquid or electricalfires (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) feet to reach the nearest extinguisher. A water storage tank may be required if County and local fire protection officials deem it necessary. . Staff recommends replacing "No open fires shall be left unattended at any time" with: "All fires are subiect to $307 of the 2003 lnternational Fire Code (lFC) includinq but not limited to permits. attendance, open fires, coalorills, fire bans and bon fires." ln addition, Staff recommends replacing "department" with "office" and "park" with "resident" in order to update the regulations. Bear-proof Rrefuse 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 centraltrash 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. . Staff supports language to require bear-proof refuse containers. . Staff Proposes adding the following language: "(C) Outdoor food storaqe is prohibited unless fqcilities that prevent the attraction of animals to the temporarv employee housinq site are provided." o This language came from current conditions at a camper park within the county serving a resource extraction operation. The attraction of animals is a real possibility in remote locations and minimizing the human-wildlife interaction is important in order to diminish problems in the field. Some of these interactions could result in an increased demand on public services such as emergency response. . Staff Proposes adding the following language: "(D) The applicant shall provide a detailed map to the Garfield Countv Sheriff's Office which is sufficient for emerqencv response purposes, includinq location of the temporary housinq site: private and public roadways accessinq the site, marked as open. qated and/or locked; and detailed directions to the site from a maior public riqht-of-wav. The map is subiect to approval bv the Garfield Countv Sheriff's Office." (6) €ertifieates ef geeupaney fer a benstruetien prejeet shall be withheld until (A) (B) C€ufl+ Enforcement measures are important to have in place. Staff recommends the following language. "(6) lf structures. requirinq Buildinq Permits under the Garfield Countv Buildinq Code, are constructed for the commercial, industrial, highwav proiect or mineral extraction operation related to the Temporary Emplovee Housing Site for which a Special Use Permit is issued, upon expiration or revocation of the perrnit Certificates of Occupancv for such structures shall be withheld until the temporarv living quarters are removed and the site is restored to the satisfaction of the Countv Buildinq and Planninq Director." (7) Snee the permit fer temperary heusing is granted; the apPlieant shall eemPly with ianee @ Enforcement measures are important to have in place. Staff recommends the following language: "(7) lf a permit for temporary emplovee housino is qranted, the applicant shall notifv the countv when site development beqins. The applicant shall verifv in writinq, bv site plan and throuqh photo documentation that the site, water system, and sewaqe disposal svstem were desioned. installed and inspected in accordance with the special use permit and complv with all applicable requlations, permits, and conditions. Allwritten documentation and site plans verifyino compliance must be stamped bv a certified Colorado Enqineer. The countv also reserves the riqht to inspect a site, without notice. to assess compliance with the special use permit. A determination of noncompliance with anv Temporarv Housinq Special Use Permit, or condition approval thereof, is orounds for revocation or suspension of said Permit, in accordance with Section S9.01.06." (S) lf there is suitable heusing spaee available in the nearby area !e the eenstruetien preieetr+e temperary+uileing special use permi@ Witten Staff proposes the following language: "(8) lf there is suitable permanent housinq inventory available in an area near the commercial, industrial, hiohwav proiect or mineral extraction operation. as determined in the discretion of the BOCC, the Temporarv Housinq Site Soecial Use Permit shall not be qranted." o The foot print of these temporary housing sites is potentially very large individually while the cumulative impact is much larger. ln order to minimize this impact both on the landscape, the environment and on county services, staff proposes the above mentioned language to require applicants to consider existing accommodations before constructi ng tem porary housi ng projects. (9) No animals shal! be allowed at temporary housing sites. 10 (10) ln evaluating a request for a Temp.orary Housing special Use permit, the countycommissioners may require complianie witn aalitilnal provisions as they-m€htmav be needed to ensure the health, safety ano weirare'ortne pulri". 'tn.ar-zogl reveqetation plan for each soecifin e"fc ,.t"t.oooi^I-Ili^ainr- i^ ^^^r:^- _,_,_="Erlerauun plan ror eac[spectfrc site addressinq allfor Temoorarv Emplovee Housrnql- 1l "lo* thirtv_fir" o"r""nt inches urless and to the e sh"llo*"r d"oth. (1\ Rgveget?tion of crqo lands. All seqreoated soil horizons removed from ,r",rhqll b." trert"d if n"""rsm ,nd""i':rblr* "p""i"r rnd ngrior uo"r"nnirlforro" "roo" rh"t *ur" orffi "hrll b" reestablished. (2) Revegetatiqn of non-crop lands. All seoreqated soil horizons removed from non-crop lands shall be replaced to their oriqinal relative p,c,sitions and contoUr ag near as practicable to achieve erosion control and lonq- term stabi$y, and shall be tilled adequatelv in order to establish i proper seedbed. The disturbed area then shall be reseeded in the first favorable season. Regeedinq with species consistent with the adiacent pilant communitY is. e-ncor.faqed. ln the absence of an aoreement betweEn the applicant and,!he affected surface owner as to what seed mix shor-rldte used. the applicant shall consult with a reoresentptive of the local soil conservation district to determine the proper seed mix to use in reveqetatino the disturbed area. d. Durlnq occupation and reclamation operations. all disturbed areas shall be keptfree oxious weeds. e.. Successful reclamation of the site and access road willb@ when: (1) On croo.land. reclamation has been performed as per '1 1 (cX1) of this section. and observation bv the Director over two qrowino seasons has indicated no siqnificant unrestored subsidence. (2) On non-crop land, reclamation has been performed as per '11(cX2) of this section. qnd the total cover of live perennialveoetation, exch.rdinq noxious weeds. provides sufficient soils erosion control ai determinerd bv the Director throuoh a visual appraisal. The Directoi shall conside,r tfle total cover of liYe perennial veqetation of adiacent or neiibv undisturb,ed land. not includinq overstorv or tree canopv cover. havinq similar soils, slope and, aspect of the reclaimed area. (3) A final reclamation inspection has been completed bv the Director or desionee. there are no outstandinq compliance issuei relatinq tc, Garrteld Countv rules. requlations. orders or permit conditions, and tfie Dire,cior ord"riqn* h"r notifi"d th" ,ppli""nt th"t fin"l ,""lrrnition h"" b"* approved. 12 STATE OF COLORADO County of Garfield ) )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meiting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 13ft ofNovember,2006,there were present: Tohn Martin , Commissioner Chairman-Tut*Gco*r, , commissioner Tr6si Houpt , Commissioner Carolyn Dahlsren , Deputy County Attorney tutita."a At.ao.f , Clerk of the Board l.$. s-itt . Assistant county Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2006 - - A RESOLUTION A]VIENDING THE TEXT SECTION 5.02.21OF THE GARFIELI) COUNTY ZOMNG RESOLUTION OF'1978 ADOPTING REGULATION. WHEREAS, on the 2nd day of January , lg7g, the Board of County Commissioners of Garfield Cotrnty, Colorado, adopted Resolution No. iq-t concerning a Zonrng Resolution for the County of Garfield, State of Colorado; and WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through 30-28-116, C.R.S. 1973, as amended, to provide for the approval of amendments to such Zoning Resolution, and the Board has so amended the said Resolution; and WHEREAS, on December 16, lggl, the Board adopted a codified version of the Garfreld County ZorungResolution of 1978 and all subsequent amendments; and WHEREAS, on October ll, 2006, the Garfield County Planning Commission recommended approval of the proposed text amendment to Section 5.02.21, Special Use Permits for Temporary Employee Housing; WHEREAS, a public hearing was held on the 13fr day of November, 2006 before the Board of County Commissioners of CarnLtA County, Colorado, at the Commissioners meeting room, Suite 100, darfield County Administrative Building , 108 8th Street, Glenwood Springs, Colorado, as to which hearing, pubiic notice was given in accordance with requirements of Section l0 of the Garfield County Zonrng Resolution; Page I of3 WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing has made the following determination of fact: l. That an application for a zone district text amendments were made consistent with the requirements of Section 10.00 of the Garfield County Zorung Resolution of 1978, as amended; 2. That the Board of County Commissioners is authorized by the provisions of Section 30-28-116, C.R.S. 1973, as amended, to provide for the approval of amendments to the Garfield County ZorungResolution; 3. That the public hearing before the Board of County Commissioners wits extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing; 4. That the Garfield County Planning Commission has reviewed the proposed zone district text amendment and made a recommendation as required by Section 10.04 of the Garfield County z,oningResolution of 1978, as amended; 5. That the proposed text amendments are in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Zorung Resolution, adopted on the Znd day of January,lg'79, and identified as its Resolution No. 79-1, as subsequently amended by this Board, shall be and hereby is amended and said language will be incorporated into the codified Garfield County Zoning Resolution adopted by the Board on December 16, l99l as shown on the attached Exhibit A: ADOPTED thiS ATTEST: day of GART'IELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman / PageZ of3 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry McCown , AYe Tr6si Houpt , NaY JohnMartiL,AYe STATE OF COLORADO County of Garfield r _, County Clerk and ex-offrcio Clerk of the Board of Co*ty'b 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 Comirissioners for said Garfield County, now in my offrce' IN WITNESS WHEREOF, I have hereunto set my hand and affrxed the seal of said County, at Glenwood Springs, this day of -, A'D' 2006' County Clerk and ex-offrcio Clerk of the Board of County Commissioners ) )ss ) Page 3 of3 Garfield County, Board of County Commissioners As Adopted *",",iill.i 117 Exhibit A 5.02.21Special Use Permits for Temporary Employee Housing: (1) At times of severe housing shortage, extremely remote locations or other emergency conditions, spLcial use permits for temporary employee h_ousing in the nature of manufactuied homes [as defined under C.R.S. 42-1-102 (106) (b)] and/or recreationalvehicles [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 purposesl ma.V b9 granted for projecti within GafueE County related to commercial, industrial, mineral extiaction or highway operations of substantial size in any zone district by the County Commiisionersthrough the special use permit process- Suchhousing shall be of a temporary nature. At the expiration of the permit, the lands shall be restored and all housing structures and associated infrastructure shall be removed. Review of thJ permit shall be subject to $9.03 and $5.03 of the Garfield County Zoning Regulations of 1978 as Amended. All Special Use Permits for Temporary Employee Housing is subject to all applicable building code, state and fedeial peimit requirements, fire protection district requirements and fire code requirements. (2) Special Use Permits for Temporary Housing: The applicant shall submit an' ' adequate site plan, consistent with 59.01.01 and including proposed water supp'ly, proposed method of sewage treatment and names and addresses of adjacent property owners. (A) Water and wastewater systems proposed to service temporary employee housing must comply with all applicable state and local laws and regulations. ln addiiion, atl sewage must be disposed of on-site using an lndividual sewage Disposal system (lsDS) unless the applicant can prove: 1. 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 2. 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. ln addition, the following conditions must be met: a. The applicant must demonstrate and guarantee an arrangement for hauling sewage; and b. The applicant must maintain all records including but not limited to trip logs/reports and landfill receipts; and c. Allsewage disposal records must be maintained as public records to be available to the County and/or any other interested third party upon request; and d. The temporary housing must not exceed a cumulative of one (1) year at an aPProved location' Garfield County, Board of County Commissioners AsAdopted Novemoer tX z![ (B) For sites where potable water is hauled to and wastewater is hauled out, applicants 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 facilities serving twenty-four (24) people or less, the operator must conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form. Any tests indicating coliform contamination must be disclosed to the Garfield County Board of Health or designee. Water systems serving twenty-five (25) people or more must demonstrate conformance to state regulations by obtaining all necessary state permits prior to the scheduling of a Special Use Permit for Temporary Employee Housing public hearing. (C) ln no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface. (D) Special Use Permits for Temporary Employee Housing sites 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 temporary employee housing sites, regardless of land ownership or operator. Special Use Permits for Temporary Employee Housing 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 the Colorado Oil and Gas Commission (COGCC) approved well pad and there will be no new additional land disturbance outside of the COGCC approved well pad area. lf the applicant is applying for a Special Use Permit for Temporary Employee Housing on an approved COGCC well pad, the applicant must provide the relevant approved APD permit indicating housing location(s) along with the application for a Special Use Permit for Temporary Employee Housing. (3) The maximum allowable time length of the Special Use Permit for Temporary Employee Housing is one (1) year. Forgood cause shown, the permit may be renewed annually in a public meeting with notice by agenda only. Annualrenewal 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 applicant must provide an estimated total cumulative length of time the temporary employee housing 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 Special Use Permit for Temporary Employee Housing application. Failure to provide a statement of intention for renewalwill prohibit the Special Use Permit for Temporary Employee Housing permit from future renewal consideration. (4) 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 Special Use Permit for Temporary Employee Housing. lnhabitants of the temporary Garfield County, Board of County Commissioners As Adopted **"ri""L:ri ?ff housing shall be applicant's employees and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members- (5) Temporary employee housing sites shall be maintained in a clean, safe and' ' saniiary 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: Provisions shall be made for giving alarm in case of fire. lt shall be the responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning fire apparatus, sheriffs office and resident employees. Allfires are subject to S3O7'of the 2003 lnternationat Fire Code (lFC) including but not limited to fermits, attendance, open fires, coalgrills, fire bans and bon fires. One (1) or more approved extinguishers of a type suitable for flammable liquid or electricaifires (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) feet to reach the nearest extinguisher. A water storage tank may be required if County and localfire protec'tion officials deem it necessary. (B) Bear-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 centraltrash coltection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. Refuse shall be disposed of not less than once weekly. (C) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the temporary employee housing site are provided. (D) The applicant shall provide a detailed map and GPS coordinates to the' ' Garfiejd County Sheriffs Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the temporary employeahousing 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 Sheriffs Office and relevant Fire Protection District. (6) lf structures, requiring Building Permits under the Garfield County Building Code, are constructed for the commercial, industilal, highway project or mineral extraction operation related to the Special Use Permit for Temporary Employee Housing, 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. (7) lf a Special Use Permit for Temporary Employee Housing is granted, the..' - applicant shall notify the county when site development begins. The applicant sirall verify in writing, by site plan and through photo documentation that the site, Ga rrre rd cou ntv' t^:Iffl *'^l;","Ttr H:o;"# Page 4 of 6 water system, and sewage disposal system were designed, installed and inspected in accordance with the said special use permit and comply with all applicable regulations, permits, and conditions. Allwritten 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 Special Use Permit for Temporary Employee Housing. A determination of noncompliance with any Special Use Permit for Temporary Employee Housing, or condition approvalthereof, is grounds for revocation or suspension of said permit, in accordance with Section 59.01.06. (8) lf 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 Special Use Permit for Temporary Employee Housing shall not be granted. (9) No animals shall be allowed at temporary employee housing sites. (10) ln evaluating a request for a Special Use Permit for Temporary Employee Housing, 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. (A.81-263) (1 1)The applicant shall submit as part of the Special Use Permit for Temporary Employee Housing, a reclamation and revegetation plan for each specific site addressing all points in section eleven (1 1) within this 95.02.21. 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 tenain. 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) shatl 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 bumed or buried (other than ISDS) on the premises. All disturbed areas affected by temporary employee housing 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 Special Use Permit for Temporary Employee Housing expires or is revoked unless the Director or designee extends the time period because of conditions outside the control of the applicant. b. All areas compacted by temporary employee housing and subsequent Garfield County, Board of County Commissioners As AdoPted November 13, 2006 operations shall be cross-ripped. On crop land, such compaction alleviation . operations shall be underta(en 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 temporary employee housing site is removed, alldisturbed areas will be restored and revegetated as soon as practicable. For disturbed areas not regulated by the Colorado Oil and Gas Conservation Commission, the following regulations will aPPIY: (1) Revegetation of crop lands. All segregated soil horizons removed from crop l-ands shall be replaced to their original relative positions and ,. contour, and shall Ue iltteO 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 perennialforage crops that were present before disturbance shall be reestablished. (2) Revegetation of non-crop lands. All segregated soil horizons removed from non-crop Iands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long- term stability, and shall be tilled adequately in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season. Reseeding with species consistent with the adjacent plant community is encouraged. tn the absence of an agreement between the applicant ind the affected surface owner as to what seed mix should be usLO, the applicant 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, alldislurbed areas shall be kept flee 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(cX1) of this section, and observation by the Director or designee over two growing seasons has indicated no significant unrestored subsidence. (2) On non-crop land, reclamation has been performed as per 't 1(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 c€lnopy cover, having similar soils, slope and aspect of the reclaimed area' (3) A final reclamation inspection has been completed by the Director or Garfield County, Board of County Commissioners As Adopted *"r",rffi:u;rJff 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 applicant that final reclamation has been approved. f. Specifically as to revegetation, the applicant 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. Exhibits (l l/13/06): Public Hearing Staff Memorandum ication fto* Wiltiams Production RMT Co' L Email from Ho*ard Earnest, Dat94-!!-32999 Dennison, Dated 10-5-2006 pr6posea Ameni Planning Commission, 10-1l- Email from Carol Harmon to the , Dated 104496 Letter from ConocoPhilli Dated 1l-6-2006 L.tt.r fto* EnCana, Dated 10-27-2006 gr-"it nom Steve Anthony,DatE! 192!-2009 E.rruit f.om Jim Rada, nuteq-Uzlzqqq Mail Recei Proof of Publication Petroleum, Dated I I -9 -2006,-/O9, -/Letter from REQUEST: APPLICANT (OWNERS): REPRESENTATIVE: -e@ ,7-/fu7 &z-Jrsau- Bocc 11/13/06V.VDP PROJECT INFORMATION At.I') STAFF GOMMENTS Amend the text of Section 5.02.21 of the Zoning Resolutiort of 1978, as amended regarding Temporary Employee Housi ng ( Pu bl ic jleetnrgr) /y'e*4,? Williams Prt:duction RMT Co. v PVCMI Land Planning Division I. BACKGROUND At present, Section 5.02.21 "Special Use Permits for Temporary Housing at Construction Sites" only applies to construction projects for which a building permit ts issued where there is a demonstrated shortfall of permanent employee housing. As oil and gas deveiopment continues to expand throughout Garfield County into increasingly remote locations, applications for remote onsite workforces are increasing. ln addition, with the recent interpretation from the Colorado Oil and Gas Conservation Commission that local government has authority over all onsite housing, this regulation will allow a Special Use Permit process for those camps previously considered preempted. Since there are currently no other counties in Colorado which have regulations governing Temporary Employee Housing (i.e. "Man Camps" or "Labor Camps"), Garfield County is essentially blazing new territory within the regulatory framework of Colorado by considering the requested text amendment. LAND USE GOALS Protect surface and ground water resources through adequate and necessary waste water treatment and management. Allow development in such a manor as to promote timely, cost effective and efficient emergency response, fire protection and enforcement. Promote the safety of those using county roadways as well as extending the functional life of public infrastructure. Promote the health and well being of the local county citizenry by improving air and water quality as well as reducing light pollution and visual impacts. Limit surface land use impacts in order to maintain the aesthetic, biological and ecological resources of the region for current and future generations. Restrict impacts on neighboring local economies by requiring that such temporary housing sites to be constructed only when local housing is not available. Limit disturbance to wildlife as well as potential conflicts between wildlife and local human inhabitants. il. III. CONSISTANCY WITH EXISJTING COUNW REGULATIONS The Oxy Amendment which was passed on June 6th, 2006, added: "Camper Park for the purpose of providing temporary quarters to emptoyees and contractors of the energy extraction industries" as a Uses, special to Sections 3.10.01, 3.10.03 and 3.10.04 of the Garfield County Zoning Resolution of 1978, as amended. "Camper Park for the purpose of providing temporary quarters to employees and contractor of the energy extraction industries" are permitted in the following zone districts: Zone District Permitted Resource Lands (Plateau)Special Use Permit Resource Lands (Talus Slopes) Special Use Permit Resource Lands (GSLVF)Special Use Permit Since the proposed text amendment as recommended by the Planning Commission and Staff provides for recreational vehicles (see definition in the section below), maintaining the Oxy Amendment will allow for similar development under different regulations. ln other words, if the Oxy Amendment is kept in place while the proposed Temporary Employee Housing is passed, an applicant will have the opportunity to choose whether they would like to apply under $5.02 "Mobile Home Park and Camper Regulations" or 55.02.21 "Temporary Employee Housing" within the.RL Plateau/Talus Slope/GSLVF Zone Districts. ln order to reduce confusion as well as duplicity, staff recommends that the Board orovide guidance to. the Planninq Department to eliminate what has become known as the Oxv Amendment. lnc sro employees and contractor of the energy extraction industries" would be eliminated from 53.10.0'1, 53.10.03 and $3.10.04 of the Garfield County Zoning Resolution of 1978, as amended. Since the proposed amendment to $5.21.02 "Temporary Employee Housing" would be allow for mobile homes and recreational vehicles as a special use in all zoning districts, applicants must then apply for temporary employee housing under this section. The existing Oxy Special Use Permits will remain in place as legal non-conforming uses. IV. CONSISTANCY WITH CURRENT STATE REGULATIONS Up to the receipt of an email oq-October 27 ,2006 from-pgrol Harmon (see Exhibit H), Assistant Attorney General with the State of Colola-d5-DEffient of Law on Eehalf of the Color5tt-o-Oll-ancl--Gas Conservation Commission (COGCC), Garfield County staff was under the assumption that county authority was pre-empted by the COGCC on resource extraction pads unless it appears there is "no operational conflict" with the extraction of the resource at hand. This assumption expanded to the housing of those considered "essential personnel" (rig foreman, geologist and pipe fitter). The email received from Ms. Harmon states that "ldo not believe that the OGCC's statute or rules preempt local governments from regulating housing and related facilities at or near well sites. Rather, CDPHE in -eonjrrnction with local governmenis have the slatrrtorv arrthoritv and rule relevant to these facilities." ln light of this development, staff further recommends that the Bgqrd of Count direct staff to draft land IlFnearly all well drill pads, the requirement for these developments to submit under the proposed SUP requirements would be excessively burdensome to not only county staff but also the BOCC. Staff would like to pursue a route which will be more expeditious and appropriate for this kind of temporary development. 2 V. REQUEST The applicant, Williams Production RMT, lnc., requests amending Section 5.02.211o accommodate manufactured homes for the use of temporary employee housing. The revision as proposed would be etfective in all zoning districts. Below are the changes that the applicant would like to see in Section 5.02.21: Color Key: Red -Applicant proposed changes. Garfield Gounty Zoning Resolution of 1978 Proposed Text Amendment 8t25t06 5.02.21 Special Use Permits for Temoorarv Housinq ffi (1) At times of severe housing shortage or other unusual emergency conditions, special use permits for temporary housing in the nature of mebile heuses manufactured home$+amBer+ and recreational vehicles may be granted related to commercial, industrialand highway construction projects of substantial size in any zone district by the County Sendee Commissioners through the special use permit process. Such housing shall be of a temporary nature and shall be removed at the expiration of the permit. When the eenstruetien prejeet will last lenger than ene (1) year' the speeial use permit (2)SpecialUsePermitforTemporaryHousingffi:The applicant shall submit an adequate site plan, proposed water supply, proposed method of sewage treatment and names and addresses of adjacent property owners. The applicant is responsible for providing this information. (A) For self-contained temporary housing units, the applicant must demonstrate and guarantee arrangement for hauling of water and sewage. (B) lf a central water and sewage treatment system must is to be provided, then it must comply with specifications approved by the county, and if appropriate, the colorado Department of Public Health and Environment. (C) ln no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface. (D) Temporary housing shall be considered self-contained if it includes a toilet and a bath or shower. (3) The maximum allowable time length of the permit is s+x{6}menths one (1) year. For good cause Shown, the permit may be renewed. By way of example and not limitation, good cause may constitute progress towards more permanent housing, and nature of the construction project. (4) Temporary housing shall be located on a eenstnretren site authorized by a gove rn me nta I agen cy or reaso n a bl y adjacent thereto, +er-wnien-a+t+*A+ng @ and inhabitants on that site shall be only eenstrue$en employees and subcontractors working on that site, and not dependents of employees. (S) Temporary housing sites shall be maintained in a clean, sanitary and safe condition, free from hazardous or noxious materials, weeds and refuse. The applicant is responsible for ensuring compliance. (A) Fire Protection; General Requirements: Provisions shall be made for giving alarm in case of fire. lt shall be the responsibility of the duly authorized attendant or caretaker to inform all tenants about means for summoning fire apparatus,sheriffsdepartmentandparkemployees.@ @ime, One (1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (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) feet to reach the nearest extinguisher. A water storage tank may be required if County and local fire protection officials deem it necessary. (B) Bear-proof Rrefuse 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 centraltrash 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. (6) Gertifieates ef Oeeupaney fer a eenstruetien prejeet shall be withheld until eeun+f (7) Onee the permit fer temperary heusing is granted; the applieant shall eemPlY with all the feregeing regulatiens er the Ceunty will issue a STOP WORK ORDER fer the eenstruetien prejeet untiltemperary heusing site is breught inte (8) lf there is suitable housing space available in the nearby arca to the construction project, the tempe+a+y-burld+ng special use permit shall not be granted. Written statements frem nearby mebile heme parks er ether (9) No animals shall be allowed at temporary housing sites. (10) ln evaluating a request for a Temporary Housing Speciat Use Permit, the County Commissioners may require compliance with additional provisions as they might be needed to ensure the health, safety and welfare of the public. (A.81-263) 4 VI. STAFF COMMENTS Due to the nature and scope of this request, staff feels that extensive revision of Section 5.02.21 is necessary to ensure that the proposed mmps promote and not degrade the health, safety and welfare of the Garfield County community. As a result of input from the planning staff, legal staff, building staff, Public Health Department, Vegetation Management and the Sheriffs Office, the following comments and suggested language has been drafted for the Board of County Commissioners to consider: Update 9, 10/19/2006 Color Key: Red - Applicant proposed changes. Blue - Staff proposed changes or comments. Bla€k - Staff proposed strike of original text. Green - Planning Commission Comments/Questions Brown - Staff Proposed changes after Planning Commission Hearing Garfield County Zoning Resolution of 1978 Proposed Text Amendment 8t25t06 5.02.21 Special Use Permits for Temporarv Housino ffi . Staff recommends titling this section: "5.02.21 Special Use Permits for Temoorary Employee Housino:". (1) mebile heuses manufactured homesr€ampefs 1heeeunty Sen*ee Gemmissieners threugh the epeeial use Bermit preeess, Sueh p€rmit When the eenstruetien Brejeet will last lenger than ene (1) year; the speeial o Staff recommends the following language: "(1) At times of severe housinq shortaqe, extremelv remote locations or other emerqencv conditions. special use permits for tem0orarv emplovee housinq in the nature of manufactured homes [as defined under C.R.S. 42-1-102 (106) (b)l and/or recreationalvehicles [as defined under C.R.S.42-1-102 (61). with the addition that such truck. truck tractor. motor home or camper trailer is beinq used for temoorary livino ouarters and not recreational ouroosesl mav be qranted for proiects within Giarfield Countv related to commercial, induslrial, mineral extraction or hiohwav operations of substantial size in anv zone district bv the County Commissioners throuqh the soecial use permit process. Such housinq shall be of a temporarv nature. At the expiration of the permit, ihe lands shall be restored and all housinq structures and associated infrastructure shall be rernoved. Review of the permit shall be subiect to Q9.03.05 and S5.03. All temporarv housinq is subiect to all applicable buildino code. state and federal permit requirements, fire orotection district reouirements and fire code requlrements." The replacement of "mobile houses" updates the code with "marufactured homes" [C.R.S. 42-1-102 (106)(b)"Manufactured home" means any preconstruc'ed building unit or combination of preconstructed building units, without motive powe!', where such unit or units are manufactured in a factory or at a location other than the resrdertial site of the completed home, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle.l As the amendment maintains the use of recreational vehicles, camper parks would still be permitted as a means of housing workers. [C.R.S. 42-1-102 (61) "Noncommercial or recreational vehicle" means a truck, or unladen truck tractor, operated singly or in combination with a trailer or utility trailer or a motor home, which truck, or unladen truck tractor, or motor home is used exclusively for personal pleasure, enjoyment, other recreational purposes, or personal or family transportation of the owner, lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise.l (2) +ngffi:The+pplieants,hall e Staff recommends including site plan standards with the following language: "(2) Soecial Use Permit for Temporarv Housino: The applicant shall submit an adequate site plan. consistent with Q9.01.01 and includinq prooosed water suoplv, oroposed method of sewaqe treatment and names and addresses of adiacent Drooertv owners." O) Fer self eentained temperary heusing units; the applieant muet demenetrate and guarantse arrangerrcn Staff recommends the followinq lanouaqe: "(A) Water and wastewater svstems prooosed to service temoorarv housino must comolv with all aoolicable state and local laws and requlations. ln addition. all sewaoe must be disoosed of on-site usino an lndividual Sewaqe Disposal System (ISDS) unless the apolicant can orove:'-wi 1. That. at the discretion of the Garfield Countv Board of Health, an ISDS svstem is not feasible due to environmental, topoqraphic or enqineerinq conditions where the temporarv housinq is to be located: or 2. That. at the discretion of the Garfield Countv Board of Health. vear-round access is available and maintained for safe and reqular access for sewaqe hauling vehicles. ln additron, the followino conditions must be met: a. The aoplicant must demonstrate and quarantee an arranoement for haulinq sewaqe and; b. Applicants must maintain all records includinq but not limited to trip loqs/reports and landfill recetpts and: c. All sewaoe disposal records must be maintained as public records to be available to the Countv and/or anv other interested third partv uoon reauest and, 6 d. The temoorary housihq must not excee approved location. . Due to the potential remoteness of these c amps, staff feels an ISDS capable of handling onsite disposal is necessary sir,ce road closures caused by inclement weather are a real possibility. Hov'ever, to limit site impacts, staff feels that allowing vault and haul systems wl ich can be reliably serviced should be permitted under certain circumstar ces. (B) rf s1lstem ms€t is to be previCed; then it must comply tneeeun$, and if appropriate, the Colorado Department of Public Health and Environment. . Staff recommends the following language: "(B) For sites where potable water is hauled to and wastewater is hauled out, applicants must keep appropriate records. to be orovided to the Countv upon request. to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facilitv. For facilities servrnq twentv- four (24) oeople or less, the operator must conduct monthlv tests (or ouarterlv if an on-site disinfection svstem is installed) and maintain records of stored potable water samples soecific for coli form. AnLtests rndicatinq coli.form contamination must be disclosed to the Garfield Countv Board of Health or desrqnee. Water svstems servinq twentv-five (25) people or more must demonstrate conformance to state reoulations bv obtaininq all necessary state permits prior.to the schedulinq of a Temporary Emplovee Housino Special Use Permit public hearinq. o Recent experience has shown that although water is hauled up from an approved source, cross contamination at the site has been occurring. ln order to mitigate the potential health effects of coli form, staff recommends testing at the site where the potable water is stored in order to assure its purity. (C) ln no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface. (D) Temperary heusing ehall be eensidered self eentained if it ineludes a teilet and a bath o lf the proposed language for 2 (b) is agreed upon, then 2 (d) is presumably not necessary. . Staff proposes the following language: "(D) Temporary emplovee housinq sites must be tied !e related to one or more mineral extraction locations and shall be limited to a densitrrne sPacinq of at least one (1) mile between temporarv housrno sites. reoardless of land ownership or operator. Temporarv Employee Housinq for oil and oas extraction purooses in the Resource Lands (RL) zoninq district mav be exempt from the one mile spacino if the operator can prove that the housino structures and all supportino infrastructure will be contained within the COGCC approved well pad and there will be no new additronal land disturbance outside of the COGCC approved well pad. lf the applicant is aoplvinq for temoorarv emplovee housinq on an approved COGCC well pad. the apolicant must provide the relevant approved APD (4) permit indicatinq housinq location(s) alonq with thq Special Use Permit apolication for Temporarv Emplovee Housinq." o The purpose of this language is to prevent m, tny small camps from being created around the county. tne implications of having many small camps are increased impact to the landscape through roads, sewaEe disposal and material transportation as well as an enlarged possibility of problems through the shear number of housing sites. ln addition, miore camps translales into n,ore complex, time consuming and cosly emergency response and enforcement titaff changed the language from 1 temporary h-ousing site per 320 acres to a 1 tnile spacing due to varying inteipretations and potentially difficult enforceir*rt of the 1 per 320 density requirement. ln order to further reduce land in" pa:ts, staff has added language which provides for oil and gas extraction operatioos to be exempt from the 1 mile_spacing in the Resource Landizoning district if the housinE is fully contained on a COGCC approved well pad. This wiil reduce the need for disruption of otherwise unbroken land as well as reducing vehicle miles by altowing workers to reside at their workplace. Staff recommends the following language: "(3) The maximum allowable time lelqth of the t is subiect to one (1 governmental agency er reasonably ;;;"d an'Jinhabitants en thit siie shall be enly @+-M s'mPleye€s and eit+authorized bY a Staff recommends the following language: (3) Thffiji"*t mu.t o6ffiE estimated total cumulative le.noth of time the Temporarv ffiill be at the prooosed location alonq ryith anv intentions.to reluest ,."n"*rl or"t thu on@ of the special Use Permit ?Pplication. rohibit the Tgmqorarv Employee Housinq ffilication from future renewal consideration' The maximum alleweble time length ef the permit ie six (6) menths one (1) year' Staff proposes the folto rrring language: "(5) Temporarv emplovee housino sites shall be maintained in a clean. safe and sanitary condition. free of weeds and refuse. Anv hazardous or noxious materials that must be stored on site for operational or securitv reasons must be manaqed in accordance vr'ith all applicable federal. state and local laws and requlations". (A) Fire Protection; General Requirements: Provisions shall be made for giving alarm in case of fire. lt shall be the responsibility of the duly authorized attendant or caretaker to inform all tenan+' ,.mployees about means for summoning fire apparatus, sheriffs d€pedm€ntoffice and park resident employees. W une+t€nCed€+€nyTim+ One (1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (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) feet to reach the nearest extinguisher. A water storage tank may be required if County and local fire protection officials deem it necessary. Staff recommends replacing "No open fires shall be left unattended at any time" with: "All fires are subject to Q307 of the 2003 lnternational Fire Code (lFC) including but not limited to permits. attendance. open fires, coal qrills. fire bans and bon fires." ln addition, Staff recommends replacing "department" with "office" and "park" with "resident" in order to update the regulations. (B) Bear-proof Rrefuse 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 centraltrash 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. Staff supports language to require bear-proof refuse containers. Staff Proposes adding the following language: "(C) Outdoor food storaoe is prohibited unless facilities that orevent the attraction of animals to the temporarv emplovee housino site are provided." o This language came from current conditions at a camper park within the county serving a resource extraction operation. The attraction of animals is a real possibility in remote locatioris and minimizing the human-wildlife interaction is important in order to diminish problems in the field. Some of these interactions could result in an increased demand on public services such as emergency response. Staff Proposes adding the following language: "(D) The applicant shall provide a detailed map to the Garfield Countv Sheriffs Office which is sufficient for emerqencv response ourposes, includinq location of the temoorarv housino site: private and public ro?dwavs accessino the site. marked as open. qated and/or locked: and detailed directions to the site from a mijor public rioht-of-wav. The map is subiect to aoproval by the Garfield Countv Sheriffs Office." (6) eertifieetes ef Oeeupaney fer a eenstruetien Brejeet shall be withheld until temPeraU Enforcement measures are important to have in plac :. Staff recommends the following language: "(6) lf structures. reouirinq Buildino Permits underthe Garfield Countv Buildino coje. fre iltructed for the commercial. industria:. hiqhwqv proiect or miner?|. extraction Emolovee Houslnq Qite for which a Speciql Use Permit is fficafion of the permit ]ertificates of occupancv for such ihe tempora* liri.q ouarters are removed and the site is ffiction of the Countv Buildino and Planninq Director'" (7) Onee tne permit fer temperary heusirE is granted; tle aPPliear+t slnll'€ernflY with all the feregeing regulatiens er the Geunty will isuue a STOP WORK ORDER fer the eenstruetien-prejLet untiltemperary heueing site rs breught inte 6emPlian6e with the regul€+isns' l{there is suitable heusing epaee available in the nearby area te the een6truetien BrejeeJne bmpefafy+u{td+ng special use permilshatl-neus+$nrnted W+q"l staiements frem nea; (8) Staff proposes the following I Use Permit shall not be qranted." o The foot print of these temporary housing sites is potentially very large individually while the cumulative impact is much larger. ln order to minimize this impact both on the landscape, the enviionment and on county services, staff proposes the above mentioned language to require applichnts to consider existing accommodations before constructing temporary housing projects' (9) No animals shall be allowed at temporary housing sites' (10) ln evaluating a request for a Temporary Housing Special Use Permit, the County Commissioners may require complianCe with additional provisions as_they+ight mav be needed to ensure the health, safety and welfare of the public. (A.81-263) Enforcement measures are important to have in place. Staff recommends the following with a 10 .otrntv alsoreservesffisite. without notice, to assess coryrPlial.rce with the moliancq with anv Temporarv Hoqsino Soecial unds for revocation or susoension of said Permit. in accordance with Section Q9'01.06"' (11) The apolicant shall submit as oar of the Special Use Permit. a reclamation and reveqetation plan for each soecifi,: site addressinq all points in section eleven (11) for Temporarv Employee Housinq. a. Debris and waste materials. includinq, but not limited to structures. concrete. footinos, sewaqe disposal svstems and related infrastructure. water storaqe and related distribution infrastructure, roads. and other sand. plastic, oravel. pipe and cable shall be removed. All pits, cellars. and other holes will be backfilled as soon as possible after all eouioment is removed to conform to surroundino terrain. All access roads to the site and associated facilities shall be closed. oraded and recontoured. Culverts and anv other obstructions that were part of the'access road(s) shall be removed. Upon closure of a camp facilitv. wastewater tanks shall be completelv pumped out and either crushed in place, ounctured and filled with inert material or removed. Anv waste material pumped from a wastewater tank or waste debris from tank removal must be disposed of at an aporoved facilitv that is oermitted bv CDPHE and/or Garfield Countv to receive said wastes. Materials mav not be burned or buried (other than ISDS) on the premises. All disturbed areas affected bv temoorarv emolovee housinq or subsequent operations shall be reclaimed as earlv and as nea4v as practicable to their orioinal condition and shall be maintained to control dust, weeds and minrmize 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 oriqinal contour as practicable. Reclamation shall occur no later than three (3) months after such operations unless the Director extends the time oeriod because of conditions outside the control of the aoplicant. b. All areas comoacted bv temporarv emplovee housino and subseouent operations shall be cross-ripped. On crop land. such compaction alleviation operations shall be undertaken when the soil moisture at the time of riooinq is below thirtv-five percent (35%) of field capacitv. Rippino shall be undertaken to a deoth of eiqhteen (18) inches unless and to the extent bed rock is encountered at a shallower deoth. c. When a temoorary emolovee housinq site is removed. all disturbed areas will be restored and reveoetated as soon as oracticable. For disturbed areas not requlated bv the Colorado Oil and Gas Conservation Commission. the followinq requlations will applv: (1) Reveqetation of croo lands. All seoreqated soil horizons removed from crop lands shall be replaced to their oriqinal relative positions and contour. and shall be tilled adequatelv to re-establish a prooer seedbed. The area shall be treated if necessary and practicable to orevent invasion of undesirable soecies and noxious weeds, and to control erosion. Anv perennial foraqe croos that were present before disturbance shall be reestablished. (2) Reveqetation of non-crop lands. All seoreoated soil horizons removed from non-crop lands shall be replaced to their orioinal relative positions and contour as near as practicable to achieve erosion control and lono-term stabilitv, and shall be tilled adequatelv in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season. Reseedinq with soecies consistent with the adiacent olant communitv is encouraqed. ln the absence of an aqreement between the apolicant and the affected surface owner as to what seed mix should be used. the applicant shall consult with a ll reoresentative of the local soil conserva lon district to deter seed mix to use in reveoetatinq the distu'bed area. d. Durinq occuoation and reclamation operations. id! disturbed areas shall be kept free of Garfield Countv and State of Colorado List A anc' B noxious weeds. e. Successful reclamation of the site and access n; O witt Oe consiOer when: (1) On crop land. reclamation has been p:rformed as oer 1 1(c)(1) of this section, and observation bv th'e Director t /er two orowinq seasons has indicated no stqnificant unrestored subsidence. (2) On non-crop land. reclamation has been oerformed as per 1 1(cX2) of this section. and the total cover of live oerennral veoetation. excludino noxious weeds. orovides sufficient soils erosion control as determined bv the Director throuoh a visual aporaisal. The Director shall consider the total cover of live perennial veoetation of adiacent or nearbv undisturbed land. not includino overstorv or tree canopv covei. havinq similar soils. slooe and aspect of the reclaimed area. (3) A final reclamation insoection has been comoleted bv the Director or desionee. there are no outstandino compliance issues relating to Garfield Countv rules. requlations. orders or permit conditions, and the Director or desionee has notified the apolicant that final reclamation has been aooroved. t2 VII. STAFF RECOMMENDATION The following staff recommendations are the blue items from the explanations above in Section lll of this staff report. These recommendations are based on requests from the applicant in Section ll of this staff report as well as input from planning staff, legal staff, building staff, Public Health Department and the Sheriff's Office. Staff recommends the Planning Commission recommend the Board of County Commissioners approve the following text amendment to Section 5.02.21 of the Zoning Resolution of 1978: Garfield County Zoning Resolution of 1978 Proposed Text Amendment Staff Recommendation 5.02.21 Special Use Permits for Temporary Employee Housing: (1) At times of severe housing shortage, extremely remote locations or other emergency conditions, special use permits for temporary employee housing in the nature of manufactured homes [as defined under C.R.S. 42-1-102 (106) (b)] 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 purposesl 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 process. Such housing shall be of a temporary nature. At the expiration of the permit, the lands shall be restored and all housing structures and associated infrastructure shall be removed. Review of the permit shall be subject to $9.03.05 and $5.03. All temporary housing is subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. (2) Special Use Permit for Temporary Housing: The applicant shall submit an adequate site plan, consistent with $9.01.01 and including proposed water supply, proposed method of sewage treatment and names and addresses of adjacent property owners. (A) Water and wastewater systems proposed to service temporary housing must comply with all applicable state and local laws and regulations. ln addition, all sewage must be disposed of on-site using an lndividual Sewage Disposal System (ISDS) unless the applicant can prove: l3 1. 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 2. That, atthe discretion of the Garfield County Board of Health, year-round access is available and maintained for safe and regular access for sewage hauling vehicles. ln addition, the following conditions must be met: a. The applicant must demonstrate and guarantee an arrangement for hauling sewage;and b. Applicints must maintain all records including but not limited to trip logs/reports and landfill receipts; and c. 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 d. The temporary housing must not exceed a cumulative of one (1) year at an approved location. (B) For sites where potable water is hauled to and wastewater is hauled out, applicants must keep appropriate records, to be providedlo the County upon request to demonstrate that water suppiied to a site is from an approved source and that wastewater is disposed at an approved iacility. For facilities serving twenty-four (24) people or less, the operator must conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form. Any tests indicating coliform contamination must be disclosed to the Garfield County Board of Health oi designee. Water systems serving twenty-five (25) people or more must demonstrate c-onformance to state regulations by obtaining all necessary state permits prior to the scheduling of a Temporary Employee Housing Special Use Permit public hearing. (C) ln no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface. (D) Temporary employee housing sites must be related to one or more mineral extraction' ' locations and shall be limited to a spacing of at least one (1) mile between temporary housing sites, regardless of land ownership or operator. Temporary Employee Housing for oil alnd gas extraction purposes in the Resource Lands (RL) zoning district may be exempt from tne one mile spacing if the operator can prove that the housing structures and ail supporting infrastructure witt ne contained within the Colorado Oil and Gas Commission (CO-GCC)approved well pad and there will be no new additional land disturbance outside of the'COGCC approved well pad area. lf the applicant is applying for temporary employee housing on an approved coGCC well pad, the applicant must provide tne reievint approveid APD permit indicating housing location(s) along with the bpecial Use permit application for Temporary Employee Housing. (3) The maximum allowable time length of the special use permit is subject to one (1) year' For good cause shown, the permit mly ne renewed annually in a public meeting with notice by Igenda 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 consiitute "good cause"-for renewal. The applicant must provide an t4 estimated total cumulative length of time the Temporary Employee Housing will be at the proposed location along with alny intentions to request renewal past the one year expiration date as apart of the Sp6cial Use Permit application. Failure to provide intentions for renewal will prohibit the Temporary Employee Housing Special Use Permit application from future renewal consideration. (4)Temporary housing shall be located at a site authorized by the Board of County Commissioners a,id identified on the relevant site plan submitted with the Special Use permit. lnhabitants of the temporary housing shall be applicant's employees and/or subcontractors, working on the relaied conslruction or mineral extraction operation, and not dependents of employees, guests or other family members' (5) Temporary employee housing sites shall be maintained in a clean, safe and sanitary' ' cond1ion, 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: Provisions shall be made for giving alarm in case of fire. lt shall 'be the responsibility of the duly authorized attendant or caretaker to inform all tenants about means for summoning fire apparatus, sheriffls office and resident emptoyees. Att fires are subject to $307 of the 2003 lnternational Fire Code (lFC) inciuding but not limited to permits, ittendance, open fires, coal grills, fire bans and bon fires. O-ne (1) or more appioved extinguishers of a type suitable for flammable liquid or electricaltires (Ctass e anO Class C), Larbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. A water storage tank may be required if County and local fire protection officials deem it necessary' (B) Bear-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 containe(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. Refuse shall be disposed of not less than once weekly' (C) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the temporary employee housing site are provided' (D)The applicant shalt provide a detailed map to the Garfield County Sheriffs Office which is sufficient for emergency response purposes, including location of the temporary housing site; private anO piUlic 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 Sheriffs Office' (6) lf structures, requiring Building Permits under the Garfield County Building Code, are constructed for the c6mmerciil, industrial, highway project or mineral extraction operation related to the Temporary Employee Housing Site for which a Special Use Permit is issued, 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' l5 (7) lf a permit for temporary employee housing is granted, the applicant shall notify the county when site development begins. The applicant 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 special use permit and comply with all applicable regulations, permits, and conditions. Allwritten 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 special use permit. A determination of noncompliance with any Temporary Housing Special Use Permit, or condition approval thereof, is grounds for revocation or suspension of said Permit, in accordance with Section 59.01 .06." (8) lf there is suitable permanent housing inventory available in an area near the commercial, industrial, highway project or mineral extraction operation, as determined in the discretion of the BOCC, the Temporary Housing Site Special Use Permit shall not be granted. (9) No animals shall be allowed at temporary housing sites. (10) ln evaluating a request for a Temporary Housing Special Use Permit, the County Commissioners may require compliance with additional provisions as may be needed to ensure the health, safety and welfare of the public. (A.81-263) (11)The applicant shall submit as part of the Special Use Permit, a reclamation and revegetation plan for each specific site addressing all points in section eleven (11) for Temporary Employee Housing. 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 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 temporary employee housing 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 such operations unless the Director extends the time period because of conditions outside the control of the applicant. b. All areas compacted by temporary employee housing 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. t6 c. When a temporary employee housing site is removed, all disturbed areas will be restored and revegetated as roon is practicab-le. For disturbed areas not regulated by the Colorado Oil and GLs 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 retailve positions and contour, and shall be tilled adequately to re-establish a proper seedbed. The area shall be treated if necessary and practitable 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' ' landJshall be replaced to their original relative positions and contour as near as practicable to aci'rieve erosion conirol 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. ln the absence of an agreement between the applicant and the affected surface owner as to what seed mix should be used, the applicant 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 oarfieto county and state of colorado List A and B noxious weeds. e. Successful reclamation of the site and access road will be considered completed when: (1) On crop land, reclamation has been performed as per 11(c)(1) of this section, and' ' observation by the Director over two growing seasons has indicated no significant unrestored subsidence. (2) On non-crop land, reclamation has been performed as per 11(cX2)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 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 flnal 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 c6nditions, and the Director or designee has notified the applicant that final reclamation has been approved. t7 VIII. STAFF REQUESTED DIRECTION FROM THE BOCC 1 . Staff recommends that the Board provide guidance to the Planning Department to eliminate what has become known as the Oxy Amendment. ln consequence, the special use of a "Camper Park for the purpose of providing temporary quarters to employees and contractor of the energy extraction industries" would be eliminated from 53.10.01, 53.10.03 and 93.10.04 of the Garfield County Zoning Resolution of 1978, as amended. 2. Staff further recommends that the Board of County Commissioners direct staff to draft land use regulations concerning those temporary employee housing camps previously considered preempted by the COGCC. As nearly all well drill pads have at least "essential personnel" temporarily living on approved APD well pads, the requirement for these developments to submit underthe proposed SUP (S5.02.21) requirements would be excessively burdensome to not only county staff but also the BOCC. Staff would like to pursue a route which will be more expeditious and appropriate for this kind of temporary development. IX. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS That the meeting before the County Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 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. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended. 1. 2. 3. 18 GRAND VALLEY FIRE PROTECTION DISTRICT 1777 S. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 Q7q 28s-911e, FAX (970) 28s-e748 October 20,2006 David Pesnichak Garfield County Building & Planning 108 8'h Street, Suite 401 Glenwood Springs, CO S1601 EXHIBIT Subject: Mr. Pesnichak: Williams Production RMT Company Special Use permit for temporary housing at construction sites. After visiting the existing man-ffImp facilities with Encana personnel on Wednesday, meeting with you and calling the West Slope Colorado Division of Fire Safety lnspector, Mr. bean Smith on Thursday, I would like to amend my previous requirements for minimum fire protection at remote construction & well pad facilities. o All mobile homes, skid mounted housing units, multiple unit skids, individual units with separate quarters, i.e. separation walls dividing thsm, RV's, camp trailers and any other type of unit being used for housing and/or sleeping quarters must have at a minimum:o Smoke alarms shall be installed and maintained in all R2 occupancies as per the 2003 IFC, 907.2.10, Single and multiple-station smoke alarms.o Manual fire alarm systems shall be installed and maintained in all R2 occupancies as per the 2003 lFC,907 .2.9 Group R-2.o Units equipped with any of the following: a fire sprinkler system, fire detection system or an alarm system shall be inspected, tested and maintained in accordance with the 2003 IFC, 901.4.4, Appearance of equipment, and the 2003 IFC, 901.6, lnspection, testing and maintenance. Furthermore, the Colorado Division of Fire Safety requires that per 8 CCR 1507-11, the Fire Suppression Program, Section 3. 1- 1 - Any individual or company who physically works on or installs any part of a fire protection system, including underground supply lines from public water lines to system risers and backflow preventors, must be registered. Therefore when man camps are sstup, either initially of after being relocated from a previous site, a registered service person will need to re-assemble, inspect and test all fue sprinkler and alarm systems prior to occupancy. A copy of the re-assembly, inspection and test will need to be sent to the Fire District AND the Garfield Building and Planning Office.o Approved single-stations Carbon Monoxide alarms shall be placed in each individual unit. These are required because of the potential to have accumulations of carbon monoxide during the night and early hours of the morning when a temperature inversion exists at a site. Several of the housing units visited were all ittenlcn IYCS. propcrl I electric, but all were powered by large diesel generators and all sites had numerous other equipment and vehicles coming and going.o All units will be required to have ABC fire extinguishers per the 2003 tFC, Section 906 Portable Fire Extinguishers. For the single unit stiOs ana or mobile home, RV and camp trailer, a 2-A, 10-B is suffrcient (5 lbs ABC extinguisher). For the larger multiple unit skids, it may be more appropriate to use l0 lbs ABCfire extinguishers because the increase in travel distances. (See section 906.3, Size and Distribution)o The District requires that there be a minimum of 2500 gallons of stored water forinitial fire suppression and wildland fire protection. Each of the locations inspected had frac tanks with "creek water" that will meet this requirement. Adapters will be purchased by the District to place on its response apparatus. The owner of the site will be required to ensure that at least onetutlet on^a designated water supply tank has a working valve (Butterfly valves are fine) and that the threads are clean and undamaged. A red painted piug, hand tight would be a good way of indicating which outlet valve is dedicated for fire use and would alsoprotect the threads. Water to be used for fire protection must be accessible from an all weather road and no closer than 50' nor further than 100' from the structure needing protection. If distances are in excess of 100', additional water supply tanks may be required.o The District must receive the required notification and Latllong location of all occupied housing units and well sites, and maps containing clear directions for fire access, as per the Garfield County permitting system. It is the District's intent to assist Garfield County in whatever permitting process it deemsnecessary, however currently the District does not have the manpower requiredio do individual siteinspections on a daily basis. It is suggested that through ttre usi of "registered" third party servicepersonnel and required post-inspection forms, and the reliance of the well owners safety personnel and their established site inspection programs, the requirement for District -te*eniion will beminimal. If I can be of any further assistance to either the Garfield County Building & planning Departmentor any of the gas production companies, I can be reached at: bffice - (qzo) zss-gilg or Cell -(e70) 250-e851. David A. Blair Fire Chief, GVFPD oavifA.aafiY Cc: File Attachments: copy of Encana's Drilling Rig compliance checklist copy of one of Encana's Site safety/Evacuation plans, pad 130 595 Pictures of some of the sites visited, October Ig,2006 CO. Div. Of Fire Safety, g CCR 1507-l l, Section 3 2003 IFC, 907.2.10, single and multiple-station smoke alarms 2003 IFC, 907.2.9, Group R_2, Manual fire alarms required 2003 IFC, 901.4.4, Appearance of equipment 2003 IFC, 901.6, lnspection, testing and maintenance 2003 IFC, 906 porhble Fire Extinguishers Page2, Garfield County Temp Housing Permit - Fire Protection Requirements ltf, rt(il('(.ttlltt DRILLING RIG COMPLIANCE CHECKLIST ENCeNE"+ EnCana Oil & Gas (USA) lnc. GENERAL INFORMATION Business Unit: .E Mid-Continent E N. Rockies E S. Rockies ! Gas Gathering E E. Texas E Permian Basin- Ll Fairfield Ll Maverick E Longview E Permian E Ft. Vvorth Basin E Green River E New Ventures ! Jonah E CAM E Wind River E Washington E Otner_ fl DJ Basin I N. Piceance D Paradox D S. Piceance E DJ Basin D Fairfield E N. Piceance fl Paradox E S. Piceance D Wind River ! other_ 2 Activity: fl Drilling D Completions&Vorkover fl Production ! Plant ! Pipelines/Compressors J Facility, Legal Survey or Address: Contracior:Rig No: Signature: Signature: Date: 4l Activity at Time of lnspection: EnCana Representative Name: Miles Moran Contractor Representative Name: lnstructions: Completed form to be returned to EHS Department. StatusCodes: S=Satisfactory X=Unsatisf NA = Not Applicable Status lnspection ltem Comments Regulation A, 1. 2. J. A E tl. 7. o. o S S S S S c s S S S S S S S S S S S S S S Encana Supervisor Requirements lncident Report Form EnCana Emergency Response Plan (ERP) EnCana Emergency Notification Chart posted Appropriate regulatory permits/ forms Current well control certificate First Aid Kit (24) LEL Monitor recently calibrated Log of incident reports Regular safety inspections performed, logged and kept on-site Local doctors, hospital, ambulance, life flight, law enforcement, regulatory numbers posted by phone in trailers Living Quarters - Encana Clean and orderly Properly grounded Electrical wiring and outlets in good working order Properly sized breakers used Smoke detectors CO detectors Fire extinguisher in good order and inspected Breaker boxes properly labeled Propane properly labeled and identifled Sewage system correctly installed and maintained Drilling Contractor Requirements lncident Report Form EnCana Emergency Notification Chart posted Well Control and Spill Contingency Plans Current well control certificate First Aid Kits (24) Log of incident reports Regular safety inspections performed, logged and kept on-site Local doctors, hospital, ambulance, life flight, law enforcement, regulatory numbers posted by phone in trailers s1904 & 1960.29 s1910.38 40 cFR 51 12 EnCana/ BLM s1 91 0.1 51 s1904 & 1960.29 s1910.8110. s S12. 13. 14. 15. 16. 17. 18. ao 20. 21 . s1910.141 s1e10.304(0 s1910.305 s1910.304 s1910.164 &.16s s1910.164 &.165 $1e10.157(e)(2) s1910.145 s1e10.101(bxs) &.1200 s1 91 0.1 42 s1904 & 1960.29 s1910.38 s1910.38 40cFR5112 EnCana/ BLM s1910.151 s1904 & 1960.29 s1910.181 s1 910.38 B. 1. 2. 3. 4. 5. 6. 7. s s S S S Page 1 of 9 Revised: 0111?J2006 8.s Ls10. s11. s12. s 11 e 14. ----s -'15. s 16. s 17. s 18. s c.1. s2.s .Q 4. ----s- 5.s6.s,.a 9.s10. s11. s12. s13. s14. s15. s ro. ---- s-17. s 18. s ---- s S---- s--- s---- s--- s--- s S s1910.141 s1e10.304(0 s1910.305 s1910.304 s1910.164 &.165 s1910.164 & .165 S1e10.1s7(e)(2) s1910.145 s1910.101(bx5) &.1200 s1 91 0.1 42 s1904 & 1960.29 s1 910.38 s191 0.38 40 cFR 5112 s1910.151 s19M $ 1s60.29 s1910.181 s191 0.38 s1 910.141 s1e10.304(f) s1910.305 s"r91 0.304 s1910.1M & .165 s1910.164 & .16s S1s10.157(e)(2) s1 91 0.145 s191 0.1 01 (b)(5) & .1200 s1 91 0.142 s1904 & 1960.29 s191 0.38 s1910.38 40 cFR 51 12 s1910.151 s1904 $ 1960.29 s1 91 0.1 81 s1910.38 Quarters - Tool Clean and orderlY Properly grounded Electrical wiring and outlets in good working order Properly sized breakers used Smoke detectors CO detectors Fire extinguisher in good order and inspected Breaker boxes ProPerlY labeled Propane properly labeled and identified Sewage system correctly installed and maintained Directional Driller Requirements lncident RePort Forms EnCana EmergencY ResPonse Plan EnCana Emergency Notification Chart Posted Well Control and Spill Contingency Plans First Aid Kit (24) Log of incident rePorts Regular safety inspections performed, logged' and kept on-site Local doctors, hospital, ambulance, life flight' law enforcement, regulatory numbers posted by phone in trailers Living Quarters/ Trailer Clean and orderlY Properly grounded Electrical wiring and outlets in good working order Properly sized breakers used Smoke detectors CO detectors Fire extinguisher in good order and inspected Breaker boxes ProPerlY labeled Propane properly labeled and identified Sewage system correctly installed and maintained Mud Logger Requirements lncident RePort Forms EnCana EmergencY ResPonse Plan EnCana Emergency Notification Chart Posted Well Control and Spill Contingency Plans First Aid Kit (24) Log of incident rePorts Regular safety inspections performed, logged, and kept on-site Local doctors, hospital, ambulance, life flight, law enforcement, regulatory numbers posted by phone in trailers Living Quarters/ Trailer Clean and orderlY Properly grounded Electrical wiring and outlets in good working order Properly sized breakers used Smoke detectors CO detectors Fire extinguisher in good order and inspected Breaker boxes ProPerlY labeled Propane properly labeled and identified Sewage system correctly installed and maintained Location Location and rig name sign easily identified Location access free of obstructions No unmarked drums or chemical containers on location Hazardous/ toxic substances labeled, storage & handling precautions in Place Proper ditching and containment for all rig D. 1. 2. J. 4. q 6. 7. B, 9.s10. s11. s12. s13. s'14. s15. s16. s17. s18. s s1 91 0.1 41 s1910.304(0 s191 0.305 s1 91 0.304 s1910.164 &.165 s1910.164 &.165 S1 e1 0.1 57(e)(2) s1 91 0.145 s1910.101(bx5) & .1200 s1 91 0.1 42 E. 1. 2. aJ. S---- s--- s--s4.s 5.s and Page 2 of 9 Revised: 0111212006 status ' l!!P9s!!e!-!!9!! =o!u: 3r= + 5: * fi '= H g ,-t il F'= 6 v [ 3StcDH'= :io= ? rSxO{ D=!F9!rDFUL {=+o I#U crr;p (od@ Crt c o_o € J =IffEf l-1 l-1 E E 1'T =n oo ma U, 3.lto !,/ 0) -rL(DhJ€ o 5'o r --OA- --^.a) EHH lEfiil'l mx. @rf.:l(o =o d l] 0) o (o-) =o- aoro 0)-q) o-tI} H\oo,zlo \a \E IH UI3lC"I I --l@AO0)o+=.\O- -E @ -o 0)f o o -o-U'o t Parts r Pump #2 Pump #1 l fotrao oo)o-ln o aon Io-U'o l- Page2 2.6 MAINTENANCE: - means ro sustain in a condition of repair that will allow performance as originally designed or intended. 2.7 NICET: - means thc National Institute for Certification in Engineering Technologies. 2.8 NFPA: - means the National Fire Protection Association. 2.g PROFESSIONAL ENGINEER - Licensed as an engineer and working within compelencc, training and/or education. 2.10 Responsibte Managing Employee (RME) - is an individual or Person employed by a frre suppression contractor who is currently a professional engineer or certified by thc National Institutc for Certification in Engineering Technologies CIICET) at a level lll or level IV in fire protection enginecring technologies, automatic sprir*.ler Iayout, or another narionally recognizcd organization approved by the Division of Fire Safety. A RME may only act as such for one fire suppression contractor at a time. 2.1 I SERVICE (OR REPAIR): - means to repair in order to return the system to proper oPerational condition. SECTION 3 REGISTRATION OF FIRE SUPPRESSION SYSTEM CONTRACTORS 3.r Registration Requircd 3. t.l Any individual or company who physically works on or install any parr of a fire protection system, including underground supply lines from public water lines to system riscrs and backflow preventors' must be registercd. CODE OF COLORADO REGULATIONS8 CGR 1507-11 FIRE PROTECTION SYSTEMS each other and public or common areas by at least 1-hour fue paflitions and each individual guestroom has an exit directly to a public way, exit court or Yard. 2. Manual fire alarm boxes are not required throughout the building when the following conditions are met: 2.1. The building is equipped throughout with an automatic sprinkler system in- stalled in accordance with Section 903.3. 1 . 1 or 903 .3 .l -2; 2.2. T\e notification appliances will acti- vate upon sPrinkler water flow; and 2.3. At least one manual fue alarm box is in- stalled at an aPProved location' g07.2.8.2 Automatic fire alarm system. An automatic fire alarm system shall be installed throughout all inte- rior corridors serving guestrooms. Exception: An automatic fire detection system is not required in buildings that do not have interior corri- dois serving guestrooms and each guestroom has a means of egress door opening directly to an exterior exit access that leads directly to an exit. 907.2.8.3 Smoke alarms. Smoke alarms shall be in- stalled as required by Section 901 .2.70.In buildings that are not equipped throughout with an automatic sprinkler system instilled in accordance with Section 903.3- 1. 1 or gOl.Z.t.Z,the smoke alarms in guestrooms shall be con- nectedto an emergency electrical system and shall be an- nunciated by guestroom at a constantly attended iocation from which the fire alarm system is capable of being manuallY activated 907.2.9 Group R-2. A manual fire alarm system shall be in- stalled in Group R-2 occupancies where: 1. Any dwelling unit or sleeping unit is located three or more stories above the lowest level of exit discharge; 2. Arty dwelling unit or sleeping unit is located more than one story below the highest level of exit dis- charge of exits serving the dwelling unit or sleeping uniu or 3. The building contains more than 16 dwelling units or sleeping units. 2.1. The building is equipped throughout with an automatic sprinkler system in accordance with Section 903 '3 ' 1 ' 1 or Section 903-3.1'2; 2.2- Tt'rcrctification appliances will acti- vate upon sPrinkler flow; and 2.3. At least one manual fire alarm box is installed at an approved location' 3. A fue alarm system is not required in build- ings that do not have interior corridors serv- ing <iweiling units and are protecteci by an approved automatic sprinkler system in- .iitt"a in accordance with Sections 903.3.1.1 ot 903-3.1-2, provided that dwell- ing units either have a means of egress door opening directly to an exterior exit access that leads directty to the exits or are served by open-ended corridors designed in accor- dinci wittr Section 1022.6, Exception 4' 907.2.10 Single- and multiple-station smoke alarms' Listed single-ind multiple-station smoke alarms shall be in- stalled in iccordance with the provisions of this code and the household fue-warning equipment provisions of NFPA 72' gO7 .2.10.1 Where required. Singte- or multiple-station smoke alarms shall be installed in the locations described in Sections 9O'7 .2.10 -l -l through 90'1'2'lO'1'3' g07.2.10.L.l Group R-1. Single- or multiple-station smoke alarms shall be installed in all of the following locations in GrouP R-1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower levil provided that *re lower level is less than one full story below the upper level' 907.2.10.1.2 Groups R-2, R-3, R-4 and I-1' Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-l re- gardless of occupant load at all of the following loca- tions: 1. On the ceiling or wall outside of each separate sleeping area in the immediate viciniry of bed- rooms. 2. In each room used for sleeping purposes' 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an interven- ing door beiween the adjacent levels, a smoke alarm installed on the upper ievel shall suffice for the adjacent lower level provided that the t I I I ExcePtions: 1. A fue alarm system is not required in build- ings not more than fwo stories in height where all dwelling units or sleeping units and contiguous attic and crawl spaces are separated from each other and public or colnmon areas by at least l-hour fue parti- tions and each dwelling unit or sleeping unit has an exit directly to apublic way, exit court or Yard. I 2. Manual fire alarm boxes are not required I tf*oughout the building when the following I conditions are met: 78 2OO3 INTEBNATIONAL FIRE CODE@ T I CHAPTER 9 FIRE PROTECTION SYSTEMS SECTION 901 GENERAL 901.1 Scope. The provisions of this chapter shall specify where fue proteJtion syit"*t are required anC shall.apply to the <ie- -sign, installation, inspection, operation, testing and mainte- nance of all fire protection systems' 901.2 Construction documents. The ire code offrcial shall have the authority to require construction documents and cal- "otutio.r, for all fire profection systems and to require permits be issued for the insiatlation, rehabilitation or modification of uny fue protection system. Construction documents for fire ;;6r"*"; systems shall be submitted for review and approval prior to system installation. 90'1..2.1 Statement of compliance' B efore requestin g final approvA ofthe installation, where required by the fire code ofncial, the installing contractor shall furnish a written statement to the fue code official that the subject fire protec- ii,on system has been installed in accordance with approved plans ana has been tested in accordance with the manufac- [u.er's spe"ificationi and the appropriate installation stan- Jard. eny deviations from the design standards shall be noted ani copies of the approvals for such deviations shall be attached to the written statement' 90L.3 Permits. Permits shall be required as set forth in Section 105.6 and 105'7. 901.4Installation. Fire protection systems shall be maintained in accordance with the o.iginul installation standards for that system" Required systems shall be extended, altered' or aug- mented as necessary to maintain and continue protection when- "r"i tfr" U"ifaing is altered, remodeled or added to' Alterations to fre protectioi systems shall be done in accordance with ap- plicable standards. 901.4.1 Required frre protection systems' Fire protection systems req^uired by thii code or the International Building Code shalT6e instailed, repaired, operated, tested and main- tained in accordance with this code' g0L.4.2 Nonrequired fire protection systems' Any fue protection system or portion thereof not required by this code or the Internatioial Building Code shallbe allowed to be furnished for partial or complete protection provided such installed sysiem meets the requirements of this code and the International Building Code' 901.4.3 Additional fire protection systems' In occupan- cies of a hazardous nature; where special haz ards exist in ad- dition to the normal hazards of the occupancy, or where the fire code official determines that access for fire apparatus is unduly difficult, the fue code official shall have the author- ity to require additional safeguards' Such safeguards in- ciude, bui shall not be limited to, the following: automatic f,re detection systems, fue alarm systems, automatic flre-extinguishing systems, standpipe systems, or portable 2OO3 INTERNATIONAL FIRE CODE@ or fixed extinguishers. Fire protection equipment required under this ,""io, shall be installed in accordance with this code and the applicable referenced standards' 90i.4.4 Appearance of equipment' A-ny device thathas the physical ipp"*un." of Hfe safety or fireprotection equip- ment Uut ttrat does not perform that life safety or fire protec- tion function, shall be prohibited' 901.5 Installation acceptance testing' Fire detection and alarm systems, fire-ex*jnguishing systems, fire hydrant sys- tems, fiie standpipe sys&s, firJ pump systems' private fire service mains anditt otirer nre protection systems and appurte- .r*"", thereto shall be subjectio acceptance tests as contained in the installation standardi and as approved by the fire code of- ficial. The fire code official shall be notified before any re- quired accePtance testing. 901.5.1 Occupancy. It shall be unlawful to occupy any por- tion of a building or structure until the required fue detec- tion, alarm and luppression systems have been tested and approved. 901.6 Inspection, testing and maintenance' Fire detection' aurm at a "xtinguishing tytt"*t shall be maintained in an op- "ruriu" conditioi at all iimes, and shall be replaced or repaired where defective. Nonrequired fire protection systems and "qolp*"rt shall be inspected' tested and maintained or re- moved. 901.6.1 Standards. Fire protection systems shall be in- $;;4, tested and maintained in accordance with the refer- enced standards listed in Table 901'6'1' TABLE 901.6.1 FIRE PROTECTIoN SYSTEM MAlNTFI4xgEST4N94199 SYSTEM STANDARD Portable fire extinguishers NFPA IO Carbon dioxide fire-extinguistring system NFPA 12 Halon 1301 fire-extinguishing systems NFPA 12A Drv-chemical extinguishing systemq NFPA 17 Wet-chemical extinguishing sy!!g!ql NFPA 17A Water-based fire protection ryl1emr NFPA 25 Fire alarm systems NFPA 72 Water-mist sYstems NFPA 750 Clean-agent extingqlqhLng-s)/slgrnq-NFPA 2OO1 g0l.6.2Records. Records of all system inspections' tests' and maintenance required by the referenced standards shall be maintained on the prernisls for a minimum of 3 years and made available to the flre code official upon request' 901.7 Systems out of service' Where a required fire protection ;;;;i; out of service, the fire department and the fire code 61 FIRE PROTECTION SYSTEMS 905.8 Dry standpipes. Dry standpipes shall not be installed. Exception: Where subject to freezing and in accordance with NFPA 14. 905.9 Valve supervision. Valves conrolling water supplies shall be supervised in the open position so that a change in the normal position of the valve will generate a supervisory signal at the supervising station required by Section 903.4. Where a fire alarm system is provided, a signal shall also be transmitted to the control unit. Exceptions: 1. Valves to underground key or hub valves in roadway boxes provided by the municipality or public utility do not require supervision. 2. Valves locked in the normal position and inspected as provided in this code in buildings not equipped with a fue alarm system. 905.1,0 During construction. Standpipe systems required dur- ing construction and demolition operations shall be provided in accordance with Section 1413. 905.11 Existing buildings. Existing structures with occupied floors located more than 50 feet (15 240 mm) above or below the lowest level of fire department access shall be equipped with standpipes installed in accordance with Section 905. The standpipes shall have an approved fire department connection with hose connections at each floor level above or below the lowest level of fire department access. The fire code offrcial is authorized to approve the installation of manual standpipe sys- tems to achieve compliance with this section where the re- sponding fire department is capable of providing the required hose flow at the highest standpipe outlet. SECTION 906 PORTABLE FIRE EXTINGUISHERS 906.1 Where required. Portable fire extinguishers shall be in- stalled in the following locations: 1. Inall Group A, B, E, F, H, I, M, R-i, R-2, R-4 and S oc- cupancies. Exception: In all Group A, B and E occupancies equipped throughout with quick- response sprinklers, fire extinguishers shall be required oniy in spe- cial-hazard areas. 2. Within 30feet(9lM mm) of commercial cooking equip- ment. 3. In areas where flammable or combustible liquids are stored, used or dispensed. 4. On each floor of structures under construction, except Group R-3 occupancies, in accordance with Section t4r5.l. 5. Where required by the sections indicated in Table 906. I . 6. Special-hazard areas, including but not limited to labora- tories, computer rooms and generator rooms, where re- quired by the fire code official. 74 TABLE 906,1 ADDITIONAL REOUIRED PORTABLE FIRE EXTINGUISHERS SECTION SUBJECT 303.5 Asphalt kettles 307.4 Open burnins 308.4 Open flames 309.4 Powered industrial trucks tt05.2 Aircraft towing vehicles i i05.3 Aircraft weiciing apparatus 1105.4 Aircraft fuel-servicing tank vehicles 1105.5 Aircraft hydrant fuel-servicing vehicles 1105.6 Aircraft fuel-dispensing stations 1107.7 Helioorts and helistops 1208.4 Drv cleanins plants 1415. i Buildings under construction or demolition t417.3 Roofing operations t504.6.4 Spray-fi nishing operations 1505.5 Dip-tank operations 1904.2 Lumberyards/woodworking faciiities 1908.8 Recycling facilities 1909.5 Exterior iumber storage 2003.5 Organic-coating areas 2106.3 Industrial ovens 2205.5 Motor fu el-dispensing facilities 2210.6.4 Marine motor fu e1-dispensing facilities 2211.6 Repair garages 2306.t0 Rack storage 2404.12 Tents, canopie; and membrane structures 2508.2 Tire rebuilding/storage 2604.2.6 Weldins and other hot work 2903.6 Combustible fibers 3308.1 1 Fireworks 3403.2.1 Flammable and combustible liquids, general 3404.3.3.1 Indoor storage of flammable and combuslible liquids 3404.3:7.5.2 Liquid storage rooms for flammable and combustible liquids 3405.4.9 Solvent distillation units 3406.2.7 Farms and construction sites-flammable and combustible liquids storage 3406.4.10.1 BuIk piants and terminals for flammable and combustible Iiquids 3406.s.4.5 Commercial, industrial, govemmental or manufacturing establishments-frCryIpgryltC- 3406.6.4 Tank vehicles for flammable and combustible liquids 3606.5;7 Flammable solids 3808.2 LP-gas 2OO3 INTERNATIONAL FIRE CODE@ LESS THAN OR EOUAL TO O.2s.INCH TYPE OF HAZARD BASIC MINIMUM EXTINGUISHER RATING MAXIMUM TRAVEL DISTANCE TO EXTINGUISHERS (teet) Light (Low)5-B 10-B 30 50 Ordinary (Moderate)10-B 20-B 30 50 Extra (High)40-B 80-B 30 50 906.2 General requirements. Fire extinguishers shall be se- lected, installed and maintained in accordance with this section and NFPA 10. Exception: The travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 occupancies. 906.3 Size and distribution. For occupancies that involve pri- marily Class A f,ue hazards, the minimum sizes and distribution shall comply with Table 906.3(1). Fire extinguishers for occu- pancies involving fLammable or combustible liquids vrith depths of less than or equal to 0.25-inch (6.35 mm) shall be se- Iecled and placed in accordance with Table 906.3(2). Fire extinguishers for occupancies involving flammable or combus- tible liquids with a depth of greaterthan 0.25-inch (6.35 mm) or involving combustible metals shall be selected and placed in accordance with NFPA 10. Extinguishers for Class C ftehaz- ards shall be selected and placed on the basis ofthe anticipated Class A or Class B hazard. rABLE s06.3(1) FIRE EXTINGUISHERS FOR CLASS A FIRE HAZARDS LIGHT (Low) HAZARD OCCUPANCY OHDINARY (Moderate) HAZARO OCCUPANCY ExTRA (High) HAZARD OCCUPANCY Minimum Rated Single Extinguisher 2-A 2-A 4-Au Maximum Floor Area Per Unit of A 3,000 square feet 1,500 square feet r nnn square feet Maximum Floor Area For Extinguisherb 1r,250 square feet tl,250 square feet 11,250 square feet Maximum Travel Distance to Extinguisher 7 5 feet 75 feet 75 feet For SI: 1 foot = 304.8 mm, I square foot = 0.0929 m2, 1 gallon = 3.185 L' a. Two 2.5-gallon water-type extinguishers shall be deemed the equivalent of one 4-A rated extinguisher. b. NFPA 10 Appendix E-3-3 provides more details concerning appiication of the maximum floor area criteria. c. Two water-type extinguishers each with a 1-A rating shall be deemed the equivalent ofone 2-A rated extinguisher for Light (Low) Hazard Occu- pancies. rABLE 906.3(2) FLAMMABLE OR COMBUSTIBLE LIQUIDS WITH DEPTHS OF For SI: 1 inch = 25.4 mm, 1 foot = 304'8 mm. NOTE. For requirements on water-soluble flammable liquids and alternative sizing criteria, see NFPA 10, Sections 3-3 and3-4. 2OO3 INTERNATIONAL FIRE CODE@ FIRE PROTECTION SYSTEMS 906.4 Cooking grease fires. Fire extinguishers provided for the protection of cooking grease fires sha1l be of an approved type compatible with the automatic fue-extinguishing system agent and in accordance with Section 904.1 1.5. 906.5 Conspicuous location. Extinguishers shall be located in conspicuoui locations where they will be readily accessible and immediately available for use. These locations shall be along normal paths of travei, unless the fue code official deter- mines that the hazard posed indicates the need for placement .r,av f-nm nnmol nafhg gf gSVg!.avi dJ uvrrr 906.6 Unobstructed and unobscured. Fire extinguishers shall not be obstructed or obscured from view. In rooms or ar- eas in which visual obstruction cannot be completely avoided, means shall be provided to indicate the locations of extinguishers. 906.7 Hangers and brackets. Hand-held portable fire extinguisheri, not housed in cabinets, shall be instalied on the hangers or brackets supplied. Hangers or brackets shall be se- curJly anchored to the mounting surface in accordance with the manufacturer's installation instructions. 906.8 Cabinets. Cabinets used to house fire extinguishers shall not be locked. Exceptions: l. Where fire extinguishers subject to malicious use or damage are provided with a means of ready access' 2. In Group I-3 occupancies and in mental health areas in Group I-2 occupancies, access to portable fire extinguishers shall be permitted to be locked or to be located in stafflocations provided the staffhas keys' 906.9 Height above floor. Portable fire extinguishers having a gross weight not exceeding 40 pounds ( 1 8 kg) shall be installed io that its iop is not more than 5 feet (1524 mm) above the floor' Hand-held portable fire extinguishers having a gross weight exceeding 40 pounds (1 8 kg) shalt be installed so that its top is not more than 3.5 feet (1067 mm) above the floor. The clear- ance between the floor and the bottom of installed hand-held extinguishers shall not be less than 4 inches (102 mm). 906.10 Wheeled units. Wheeled fire extinguishers shall be conspicuously located in a designated location' SECTION 907 FIRE ALARM AND DETECTION SYSTEMS 907.1 General. This section covers the application, installa- tion, performance and maintenance of fre alarm systems and their components in new and existing buildings and structures' The requirements of Sectiong}l .2 are applicable to new build- ings and structures. The requirements of Section9}l .3 are ap- plicabte to existing buildings and structures. g07.l.t Construction documents. Construction docu- ments for frre alarm systems shall be submitted for review and approval prior to system installation. Construction doc- u..r"nti shall include, but not be limited to, all of the follow- ing: 1. A floor plan which indicates the use of all rooms' I i1:i*rle a copy of the seurage hauling contract or an affldavit from the hauler providing the srrecitr+aiions of the haulin{ service. l-lauler must keep records of pickup and disposal for at i**r,t cne year. $ri:,-(. Prstect!ori: Cwner has notified the Garfield County Sheriff and Garfleld County Fire Chief of the presence of .. :.:ll:; r..,,:,r::,,1i rt* iriel $ystern ,:secj to collect and dispose of sewage. lf a centralized sewage collection Frequency of PickuP: --riwasr; Dispasal Site: c,.:cirpi*d mobile housing units on the Well Site: Livrirrei has provided the Garfield County Sheriff and Garfield County Fire Chief with a map c+nlaining clear directions for fire access to the Well Site: i-;w1ier i-ras complied with Garfield County requirements (Section 5.02.22 (SXA) of the Garfield Count.y Land i"lse Code) for fire protection: Trash Removal and $ite Cleanliness: ije*cribe ihe system used to cotlect and dispose of trash and personal refuse and keep the site ger"refaliy neat and free of garbage: !'riarne of Trash Hauler:Trash Disposal Site: Frequency of Trash Collection: !nciude a cCIpy of the trash hauling contract or an affidavit from the hauler providing the specifications of the hauling service. Hauler must keep records of pickup and disposal for at ie;-:st one year. fi errer&l Attachrnents: ;\tiach th* foilowing: . A. site plan showing the location on the Well Site of mobile housing units that will be occupied, the distance between mobile housing units and their distance from condensate tanks and well heads. i\ii-.ii:i{; i:f Sewage Hauler: -- Page 1 of 1 David Pesnichak From: Howard Earnest [howard_earnest@hotmail.com] Sent: Tuesday, October 03, 2006 2:50 PM To: David Pesnichak Dave: Thank you for sending me information I requested on Special Use Permits for Tempoprary Housing. By way of comments, I support the proposed amendment the Garfield County Zoning Resolution of 1978 dated 08/25106. In particular I support the Williams Energy Company's proposal to place the temporary housing on active drill pads. The only reservation I have is that the regulation and oversight of all drinking water, and sanitary and solid wastes issues be be the responsibility of Garfield County and the Colorado Department of Public Health and Environment and NOT under the oversight of the Colorado Oil & Gas Commission. Aliowing such housing will greatly reduce the vehicular traffic on Colorado Highway 13 and Rio Blanco County Road 5. This is especially important to those of us who must travel these roads during "rush hours". Again thanks for giVing me this opportunity to express my thoughts on this matter. Howard W. Earnes0458 Mesa Drive Rifle, CO 8 1 650'97 0-625-1951 r, From : "David Pesn ichak" < dpesn icha k@garfield-cou n ty. com > t fo: <howard_earnest@hotmail. com > I Subject: Temporary Employee Housing - Text Amendment 1 Date: Tue, 3 Oct 2006 13:35:20 -0600 i HiHoward, : Please send any comments to my email address below or reply to this message. I have attached the proposed I text amendment made by the applicant to the email for your information. j Best, t , Dave i , David Pesnichak i Senior Planner : ' Gartield County i tOa etn Street, Suite 401 iGlenwood Springs, CO 81601 Tel: (970) 945-8212 : Fax: (970) 384-3470 I Email: dpesnichak@ garfield-county.com i ; ><< TextAmendment2.pdf >> 10/3t2006 Subject: RE: Temporary Employee Housing - Text Amendment and HWE Comments Page I of 1 David Pesnichak EXHIBIT FFrom: Doug-Dennison@oxY.com Sent: Thursday, October 05, 2006 8:22 AM To: David Pesnichak Gc: Mark Bean Subject: RE: Temporary Employee Housing - GarCo Text Amendment Dave, I reviewed the proposed text amendment this morning and think it looks good. lwould tend to agree with allof the staff recommendations since they are consistent with the conditions of approval for OXY's SUP or reflect some of the procedural steps we have implemented to provide GarCo with the assurance that the camps have been set up properly. Thanks for giving me the chance to review this. Doug Dennison doug_denn ison@oxy. com Regulatory Coordinator Occidental Oil & Gas Corporation (970)263-3611 cell (970)985-0518 fax (97A)243-2525 CONFIDENTIALITY NOTICE: This communication and any enclosed document(s) are confidential and privileged. lf you receive this transmirsion in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is stricily prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney-client privilege and/or the attorney work-product privilege as to this communication or otherwise. lf you have received this communication in .rroi, please contact Doug Dennison at doug-dennison@oxy.com, or by telePhone at 970'263.361 1. Thank you. From : David Pesnichak fmailto : d pesn ichak@ga rfield-cou nty.com] Sent: Tuesday, October 03, 2006 2:30 PM To: Dennison, Doug Subject: Temporary Employee Housing - GarCo Text Amendment Hi Doug, Mark Bean suggested I pass this document along to you regarding staff comments to the proposed Williams Text Amendment fo-iTemporary Employee Housing (Man Camps). Please let me know if you have any comments or concerns regarding this amendment. This application is scheduled to be heard by the Planning Commission on October 1 1 at 6.30 PM and by the BOCC on November 13 at 1 .15 PM. Best, Dave David Pesnichak Senior Planner Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax (970)384-3470 Email: dpesnichak@garfield-county.com r}t5t2006 *> f aco.t ct {tec Er"nr/*, tbrndort t)hp"'* Z (t z(.h) - V.Jfltr r- i{ yrfi Uvir}f vuci*€,r i u i:-ffi I rr fit\et,*t pur , a li S,evt)c,4( r\^ ub+ uS tnci >(\r v\ dvt L / V (/l l,*2I"\, rLVl V\ Vr'y ) _> r r\-- Vl*) l vlvl l, ur inrl iv t rl,,txl Se uV r\4( b r+ pcsr"l Sur:Jr r,m LrSpS) uu,-r t?ss *b:eSur=I ', iii'psi; n#i+ *ir!e- c-f p\ i r oin* Carr Fv- lvt, uu-i*l-. t+ V,'ve pe,VAev * nL 1L^;+ n'r,r lSDg strs# il i> rr pt - t fe,.,< .1 I o ,''i, ,- c */,rr^ | , tr.\,,A i^ ^ n,^.i Ik i,: rLle ripr 6 t];&n v trCInt\^ei.Jr, /, tupq:rf rr trh,, ctl& s_ ri4r:r Lr rr1.l u,r.-.ru:.j t. pi f> rr I q g_LU /H t in f,f [.*) [}L'\@ w h t v,fil-s Fyr*c,L-u r rl h rrar ,boi\ lS t,, \D(. lccrdtcL ' u' r-,r *hr.t# n,rr I1l.:a i: -tr a*# 59: EXHIBITIG '\ f)/j,f ti Vt-1 V glrtS i h 11Wdw{tr) ,rrU,*,rtffi_ A,nal rew"y,mgrL_fu rrr\fl,Y frppLica qf3 fr*ogttrg Lul ary( (,, )f *flrCI6!\(,ctY ana ICcaf.crn' "c D) -l-ghr pa\r{\,r €,lni-lu \€e hcrlul:> il,tr +D fr Swciit''; (K\\ftuci., r-rr lcccth t i,. lrt\ >Lne Ii lr<. I i tn r jnd iDf, ArnSiJwt Lnu qrider ttrl,tiltq C l)--lgfn aWl>thd1 5,-p pd , - =:L0 0rc,r4 k c\tvLs- I rtti,v .&ur4 k qrd:s-- lrtti'1 . ?uvtry\ triuri$a-ir;rtkrl utvLLffi - ,lur *[r:Lrlgl Yvryb{ rt Page I of2 David Pesnichak From: Mark Bean Sent: Friday, October 27 , 200612:50 pM To: Fred Jarman; David pesnichak; Craig Richardson Subject: FW: Regulation of Temporary Housing at Wellsites Thought you should see this. Mark L. Bean, Co-Director Building & Planning Deparrment Garfield County, Colorado 108 8rh Sr. , Suire 201 Glenwood Springs, CO. 81601 970-94s-8212 mbean @ garfi eld-county.com EXHIBIT From: GARCO Attorney Sent: Friday, October 27, 200611:40 AM To: Mark Bean; Carolyn Dahlgren; Don DeFord (Don DeFord) Subject: FW: Regulation of Temporary Housing at Wellsites From: Carol Harmon fmailto:carol.harmon@state.co.us] Sent: Friday, October 27, 200611;12 AM To: GARCO Attorney Cc: Brian Macke Subject: Regulation of Temporary Housing at Wellsites Don, You indicated that some oil and gas operators have been telling Garfield county that the oil and GasConseruation Act ("oGCA," C'R.S' 5534-60-101 through 126) pleempts local regulation of housing units andrelated facilities ("temporary labor camps") at oil and-gas wellsites. Although no one has indicated (to me,an-yway) the statutory provision that preempts local regulation of temporar! labor camps, the operaiors may bereferring to the legislative mandate that the oil and Gai conservation commission (,'o6cc") must promulgaterules and regulations (1) to protect the health, safety, and welfare of any person aian oil or. gus well (exclpt tothe extent regulated by the federal Occupational Safety and Health Act of 7g7O), and (2) to protect the health,safety, and welfare of the general public in the conduct of oil and gas operatioii. SS i+-oo-roo(t0) and (11),c.R.s. (2006). 10/27/2006 Page 2 of 2 The OGCC has never interpreted these mandates to include temporary labor camps or any housing facilities at wellsites. Otherwise, the OGCC would have promulgated rules regulating them. From a brief review of the OGCC's Safety Regulations (600-Series Rules), it seems clear that the OGCC's safety concerns at a wellsite deal generally with potential danger from heavy equipment and flammable substances. There is a rule requiring ianitary facilities on location (Rule 502.f.), but there are no rules that relate to housing of personnel at the wellsite. From discussions I have had with legal counsel for the Colorado Department of Public Health and Environment ("CDPHE"), there are divisions within CDPHE that may have jurisdiction over aspects of temporary labor("CDPHE"), there are divisions within CDPHE that may have jurisdiction over aspects of temporary labor Famps. i also understand that these divisions work with the.counties to avoid.regulato,y o::l1p-o-r 9,1p]':1,1"1,_19from regulating housing and related have the ltatutory authority You asked me what would happen if the OGCC received an application for permit-to-drill ("APD") that indicated housing facilities would be located on or near the proposed wellsite. After speaking with OGCC's Director, Brian Macke, and Thom Kerr, I have learned that it is rare for APDs to indicate with much specificity the location of various facilities on the drill pad (whether pipe racks, pits, electricity-generating facilities, dog house, toolpusher trailer, etc,). Those details are left to the operator to determine when the site is prepared and the rig is moved in. Therefore, it is unlikely that housing facilities would be included in an APD. On the rare occasion that housing facilities were indicated on an APD, however, the OGCC would not add conditions to the drilling permit related to those facilities. Normally, the OGCC would assume that any issues related to housing at the wellsite would come to the county's attention through its local governmental designee (who should receive an APD on or before the time that it is filed with the OGCC). We understand Garfield County is temporarily without a local governmental designee, and the OGCC would like to help to the extent it has relevant information. Since the OGCC would not necessarily be aware of APDs that included proposed housing facilities, however, the County needs a more reliable source of information. The COGCC posts on its website pending APDs by county and on its GIS map. The quickest and most reliable way to obtain information about plans for housing at wellsites would be to monitor the pending permits online and contact the operators to determine whether the sites include housing. OGCC Staff is willing to pursue the possibility of announcing on its website the need for operators to check with the County if they intend to include housing facilities at their wellsites. Would that be helpful to Gafield County? (If so, it would help to know how extensive the housing facilities need to be for the County to be concerned. For example, if there is a single trailer for one or two people, do you want the operators contacting the County about that? Also, who is the appropriate person in the County to contact?) I hope this information is useful to you and your Board of County Commissioners. Please let me know if you have any questions. Carol Carol J, Harmon, Assistant Attorney General State of Colorado Department of Law 1525 Sherman Street - Fifth Floor Denver, Colorado 80203 ph: 303-866-5041 fax: 303-866-3558 carolha!:mon @state, co, uS 10t27t2006 D- ConocdPhillips November 6, 2006 Mr. Fr'ed Jarman Garfield countv Buirding and pranning Department108 8th Street,'Suite 401 Glenwood Springs, Colorado g1601 Dear Mr. Jarman: ConocoPhitlips Company frgoerty Tax, Reat Estate. Eight of Way and ClaimsPO. Box 105 Livermore, CO 80586 EXHIBIT T conocoPhillips is an international, integrated energ.y company. To support itscore activity of oil and natural gas "rf,torrtion "ni'pioJ,i.tion, conocbirt,iltip.company (coPC) recentty initiited a naturat gas exptoration and productionproject in the Piceance -Basin area of nio 6lanco' ,nJ Garfield counties,Colorado. As a very recent newcomer to. natural gas operations in the piceance Basin,coPC has tearned of zoning issues in"Garfield county ,"lrting to temporaryhousing for essential personriel and williams production nn/tr co.,s applicationfor amendment to Garfield county's Zoning Resorution of r bzg to accommodatemanufactured homes in all zoningdistricts f"or rr" with such temporary housing. As the county is aware, the immediate availability of essential personnel on wellpads is critical for operators to safely conouct operations, particularly drillingoperations' ln remote areas, such ar ihe Piceance Basin natural gas operatingareas of Garfield county, the presence and availability of temporary housing forsuch employees in close proximity to well p;" ano iritting op*rrtions is criticalto an operator's ability to comply with safety requirements set forth in thecolorado oil and Gas ionservation commission's ,uies and regulations. coPc understands Garfield county's position that it has authority to zone andregulate matters pertaining to temforary housing of personnet on well pads orothenryise as such matteis may affect the health, safety and welfare of theGarfield county community. Hbwever, Copc arso recognizes the coGCc,sauthorization to approve Afplications for Permit to Drill (ApD), including facilitiesreferenced in the ApD to be rocated on weil pags, incruding't"*porrry housingfor essential personnel. COGCC's process-reiuires that each ApD be submittedby the subject operator to the applicable county Designee. The county is thenallowed . an opp-ortunity to submit comments or suggested ApD conditions ofapproval to the CoGCC for consideration in reviewing and approving the ApD. - Mr. Fred Jarman November 6, 2006 Page 2 This process provides each County the opportunity to protect the health, safety and welfare of its community as it relates to matters regulated and approved by the COGCC. Thus, it is COPC's position that temporary housing on well padi designated in an operator's APD as approved by the COGCC should be exempt from County zoning regulation. COPC understands, though, that situations may arise in which operators desire to construct temporary housing for personnel on sites not located on well pads or in which temporary housing may not be designated or delineated in an ApD. ln such instances, COPC understands the County's position that it may regulate such temporary housing. After reviewing recent revisions to the Amendment to the text of Sectio n 5.02.21 of the Zoning Resolution of 1978, as proposed by the Garfield County Planning Staff, COPC offers the following comments for the County's consideration: . Sub-section (1):o Include language exempting temporary housing on a well pad, as designated or delineated in an APD and as approved by the COGCC.o ln the last sentence, delete the requirement that recreational vehicles be subject to all applicable building codes, since such vehicles are self-contained, portable units, and not subject to building code provisions.. Sub-section (2)(A):o lt is COPC's position that requiring an on-site lndividual Sewage Disposal system (lsDS) for every temporary housing site is excessive, overly burdensome and in some cases, detrimental tothe environment. The Planning Staff's concerns regarding road closures during inclement weather are valid. However, COPC and other operators have planned for all-weather, year-round access to temporary housing sites, not only for purposes of wastewater and waste removal, but for a variety of purposes and reasons, including emergency response. The construction of an ISDS for each siterequires surface disturbance, reclamation and permanent environmental impact as a leach-field would remain in place. As well, the size of well pads implementing temporary housing siteswould require enlargement to accommodate the ISDS, thus increasing surface impacts related to natural gas operations. The use of self-contained temporary housing units and off-site sewage Mr. Fred Jarman November 6, 2006 Page 3 disposal at an approved facility would eliminate these negative visual, surface and environmental impacts. COPC recognizes, though, that certain temporary housing sites, particularly those not located on a well pad, may be large and include a significant number of temporary housing units. Thus, COPC suggests that the requirement for an ISDS be tied to a certain site size or to a specified number of housing units on each site. It's also COPC's position that the "preponderance of the evidence" burden of proof standard is excessive and onerous. COPC suggests this standard be lowered to allow the County more flexibility and discretion in determining when an ISDS should be required.o Sub-section (2)(D): As stated previously, it is critical that each operator's essential personnel be temporarily housed on or near a well pad, particularly during drilling operations, to insure the operations are conducted safely. More than one operator may own and/or operate leases that overlap within a 320 acre area. lt would not be feasible for or recommended that operators share temporary housing sites for numerous reasons, including operational confidentiality. Thus, allowing only one (1)temporary housing site per 320 acres of gross land area could prohibit an operator from housing essential personnel on-site to insure safe operations, particularly during drilling operations. COPC suggests that off-site temporary housing sites, which could potentially be larger sites, be restricted to one (1) per 320 acres. However, the number of temporary housing sites located on well pads within a specified area should not be restricted.. Sub-section (6):c ln some cases, it may not be temporary housing and reclaim permanent structure. feasible to discontinue use of a site prior to occupancy of a o Thus, COPC suggests this provision be revised to allow thirty (30) days after issuance of a Certificate of Occupancy for temporary housing units to be removed and the site reclaimed. Also, due tc the possibility that inclement weather might prohibit site reclamation within the allowed thirty (30) days, COPC suggests providing the ability for extension of the allowed time based or good cause shown. Mr. Fred Jarman November 6, 2006 Page 4 . Sub-section (8): o lt is critical that essential oil and gas personnel be housed temporarily on-site, particutarly during drilling operations, to insure that the operations are conducted safely and in compliance with COGCC rules and regulations. ln remote areas, suitable permanent housing in a neighboring community does not meet this need. o Therefore, COPC suggests the term "area" be further defined and temporary housing of essential oil and gas personnel be allowed on well pads. . General Comments:c ln most cases, operations on a well pad are conducted by an operator's contractors and subcontractors in addition to employees. fhus, COPC suggests the term "employee housing" used throughout the Amendment be changed to a term such as 'pers6nnel" in order to encompass not only an operator's employees but also the operator's contractors and subcontractors. o The terms "tenants" and "resident employees" in Section 5(A) are not consistent with the remainder of the Amendment. COPC, thus, suggests changing "tenants" to "temporary housing personnel" and chinging "resident employees" to "supervisory personnel". COpC appreciates Garfield County's desire and commitment to allow the oil and gas industry an opportunity to comment on this very important issue and for its consideration of COPC's comments and suggestions. Respectfully, z---):<-\ " )l)-L, L.---' Ddanna J. Walker Phone: 970.498.9677Fax: 970.498.9687 E-mail: Deanna.J.Walker@conocophillips-com cc: Danny T. Boone, COPC, Piceance Basin Project Manager Kurt Froistad, COPC, Staff Landman and Regulatory Lead ENCANIA,- EXHIBIT t,o6og EnCana Oil& Gas (USA) tnc. EnCana Oil & Gas (USA) lnc. 2717 CR 215, Suite 100 Parachute, CO 81635 970-285-2608 direct 970-309-8106 cell October 27,2006 Mr. Fred Jarman Garfield County Building & planning Department 108 8m Street. Suite 401 Glenwood Springs, Colorado 81601 Re: Amendment of Section 5.02.21 of the Zoning Resolutions. regarding Temporary t-lousing Dear Mr, Jarman: Thank you for the time the County has spent with representatives of ihe oil and gas industry todiscuss the latest draft regulations regarding temporar,v housing (Section 5.02.?l). Wc appreciate the County's consideration of our "oncerns. We are providing you with a descriptionof our most significant concerns with the proposed regulations. Water and Wastewatcr Systems Subsmtion (2XA) of the draft regulations requires on-site sewage disposal using an Individual Sewage Disposal System ( ISDS) unless the applicant can show that ,u.h u system is not feasibledue to environmental, topographic or engineering eonditions where the temporary housing is tobe located- The regulations currently in effect for tenrporary housing at construction sitesrequire the applicant to "demonstrate and guarantee arrangement for hauling of water andsewage." The Staffis-recommending ISDS because of its concern about road closures caused byinclement weather- While we agree that the Stalfs concern is a valid concern in the case of alarge carnp in a very remote area, we believe that the requirement to use ISDS is excessive in the case of a small camp or a rnore accessible camp. For eiample, we foresee that the vast majority 9f E1cary's camps will be located in areas with year-round access and will be of small size.On-site disposal using ISDS will have a far greatir adverse environmental impact than wouldallowing us to dispose of sewage off'-site. After the camp is closed and the site reclaimed, theleach-field will remain in place and will have a perrnanenr environnrental impact. We suggestbuilding more flexibility inro the regulations and p.opor. the following largraje: 2(A): Water and wastewater systems proposed to service temporary housing mustcomply with all applicable state and local laws and regulations. In addition, all sewage rnust be disposed of on-site using an Individual Sewage Disposal System (fiOS) unless the applicant can gbe\^L Uat an IS'DS system is October 27,2OOo Page 2 not feasible due to environmental, topographic or engineering conditions where the temporary housing is to be located. or that an ISDS is not necessary because the site has vear-round ac.cess. When an ISDS is not required. such as for temporary housing located in areas with year-round access. the applicant must demonstrate and guarantee an arrangement for haulin& sewage. Applicants must keep appropriate records. to be provided to the Coun(v upon reouest. to demonstrate frequencv of sewaqe collection and disposal of sewagc at an approved facility. We also suggest deleting the proof by "preponderance of evidence" standard because we believe that the County should have greater flexibility to determine when ISDS should be required and when it will do more environmental harm than good. For example. in the case of a small camp that r;t'ill not be in the same place for more than a few months, ISDS would be unnecessary. The current draft might not allow the Staffthe discretion to make this determination. Density of Temporary Housing Subsection (2XD) of the draft regulations requires that the housing sites be spaced at least one- half mile apart, regardless of land owncrship or operator. (We note that the marked version of the draft regulations requires spacing of one mile.) We appreciate the Staffs concem about the creation of too many small camps around the County, but think it is unlikely to occur. For example, EnCana intends to place cartrps on well pads on the surfacc of lands that EnCana owns and to move the camps to another wellpad when the drilling rig moves to that well pad. The well pad r+'ill already have an access road, and no additional disturbance would be required to place a temporary housing site on an existing wellpad. While we can control the location of our own camps, we cannot control the location of a camp set up by another operator. Therefore. it is possible that one of our camps could end up closer than one-half mile to the camp of another operator. We suggest allowing camps to be closer together if they are located in a Resource Lands Zone District and on a well pad location lbr which the operator has an approved APD from the COGCC. Accordingly, wc propose the following language: 2(D): Temporary enrployee housing sites related to mineral extraction must be tied to a specific extraction location and shall be lirnited to a spacing of at least one-half (0.5) rnile between temporary housing sites, regardless of land orvnership or operator. I'emporary housing Iocated in the Resource Lands Zone District and on locations for which the applicant has an Application for Permit to Drill approved by the Colorado Oil and Gas Conservation Commission shall be exempt from this density requirement. General Comments We note that, while the individuals living in the temporary housing rvill all be employees. they will not necessarily be employees of the applicant. Subsection (a) of the draft regulations recognizes this distinction. In drilling wells, oil and gas operators contract with independent contractors. such as drilling rig companies that provide both the rig and the personnel who run it. We believe that Subsection (l) of the draft regulations should be clarificd. The first sentence could be revised to read, "At time of severe housing shortage, extremely remote locations or October 27,2406 Page 3 other emergency conditions, special use permits for temporary [delete the word 'employee'] housing for employees of the applicant and its subcontractors in the nature of . . . 'o In addition. in the course of our review of the draft regulations. we noticed a few minor inconsistencies in wording, which r^,e note below: Subsection (3Fthe words "subject to" in the first line do not appear to be necessary and could probably be removed. Subsection (S)(A)-we do not understand the references to "tenants" in line 3 and "resident employees" in line 4. These words seem to be geared toward a trailer park or aparmnent complex. Perhaps the first reference should be to "residents" and the second reference should be to "supervisory personnel"? Thank you again for the opportunity to comment on the draft regulations. We appreciate the County's prompt response to this very important issue. Brenda Linster l-lemdon Permit Lead David Pesnichak From: Steve Anthony Sent: Tuesday, October 24,2006 B:43 AM To: David Pesnichak subject: RE: Temp Emp Housing - Zoning Text Amendment - Restoration Page 1 of 1 EXHIBIT /( Hi Dave On the Reclamation Standards under #1 1 there are two "c" s , "revegetation and reclamation', and ,,weed control,, c' Weed control. During occupation and reclamation operations, all disturbed areas shall be kept free ofnoxious weeds and undesirable species. Suggest changing to "shall be kept free of Gar{ield County and State of Colorado List A & B noxious weeds,, anddelete undesirable species as that is hard to define. Everything else looks fine Steve From: David Pesnichak Sent: Wednesday, OcLober 18, To: Jim Rada; Steve Anthony Subject: Temp Emp Housing - 2006 2:28 PM Zoning Text Amendment - Restoration HiJim and Steve, Attached are draft reclamation standards for Section 5.02.21 "Temporary Employee Housing', Text Amendmentwhich is to be heard by the Bocc on November 13. I have attached thsstaff'memo as well for your informarion (itis not fully complete yet, but it will give you an idea of the context if you are interesteJ). At this point, thesestandards are intended to cover al[aspects of temporary housing reclamation regardless of size and location(which could potentially be very remote). what I have so far is hiavily inftuenced"by tre coccC well padreclamation standards. Any and all input is greaily appreciated! Thanks, Dave David Pesnichak Senior Planner Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesnichak @ garfield-county.com 10/24/2006 Page 1 of 1 David, The nature of the camps that I have seen is that they are portable. I believe that most companies will want toreuse any tanks that they use whether they are placld ln irre jround or on the surface. so, I suggest thatabandonment language be something likel "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 riaterial pumped from a wastewater tank or wastedebris from tank removal must.be disposed of at in uppro*JJrcility that is permitted by cDpHE and/or GarfieldCounty to receive said wastes .,, ' Let me know if you have other questions or issues. Thanks for letting me be a parl of this process Jim David Pesnichak From: Jim Rada Sent: Monday, October 29,2006.11:11 AM To: David Pesnichak Subject: RE:Temp Employee Housing Attachments: Jim Rada.vcf From: David Pesnichak Sent: Tuesday, October 17,20061:26 pM To: Jim Rada Subject: Temp Employee Housing HiJim, A question has come up here in regards to lsDS reclamation in regards to the-Temporary Employee HousingRegulations' I have:Fol.9n w!!n nnoy schwaller and he recommended that lsDS systems for Man camps bereclaimed by being filled in with sandand/or gravel. I want to check with you to ,L"'*r,ut your thoughts are on thematter. ln addition, the regulations are scheduled for the Bocc on November 13 at 1.15. lf you are available, I think itwould be very beneficiarto have your input and presence at the hearing. Thanks, Dave David Pesnichak Senior Planner Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 94s-e212 Fax: (970)384-9470 Email: dpesnichak @ garf ield-county.com ilt{tatr L 10/23/2006 ffi; Berry Petroleum Company exHlatT David Pesnichak, Senior Planner Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Comments on Proposed Text Amendment to Permits for Temporary Employee Housing November 9,2006 Zoning Resolution of 1978 - Special Use Dear Mr. Pesnichak: The following is a brief list of comments Berry Petroleum Company (Berry) has regarding the Proposed Text Amendment recommended by Garfield County Staff. While Berry generally agrees with the land use goals of county staff, there are a few items that are of concern as described below. 5.02.21(2)(4): The requirement that all sewage be disposed of in an ISDS, unless proven infeasible, is too stringent on the applicants because many of the temporary housing quarters or camps will only be used in a specific location for brief periods of say 3 - 6 months. It is not reasonable to require the permitting, costly construction, inspection, and subsequent abandonment of ISDS systems that will only have a useful life of a few months. The requirement for ISDS systems at all camps will also place a heavy burden on county staff, which is already overloaded and backlogged with work. 5.02.21(2)(D): We suggest including the staff language from the draft amendment that exempts the one-half mile spacing rule if the housing quarters are on COGCC-approved well pads. 5.02.2f(11): For the natural gas industry, most temporary housing quarters will be located on active well pads that will be in use for production of gas for many years into the future. Reclamation of those pads would not occur until the end of gas production. Also, reclamation of well pads is under the jurisdiction of the COGCC. Therefore, we recommend an exemption from Subsection 1l for temporary housing quarters on natural gas well pads. Thank you for the opportunity to comment. r'::":",1 - ,' /, "'/'rt'-.'-- Chris Freeman Rocky Mountain Regional Manager, Environmental and Regulatory Affairs Denver Office 950 lTth St., Suite 2400 Denver, CO 80202 Ph. (303) 825-3344 Fax: (303) 825-3350 www.bry.com Corporate }leadquarteni - 5201 'liuxtun Ave., Ste. 300. Bakersl'icld, CA 93309-0640 661-616-3900