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HomeMy WebLinkAbout2.1 Staff Report PC 8.7.07$c(< ,Te/,fl , eL",fll, Ph,, l , Bob, ,*:J sh/tE , ) 3"p/. tz / ,s ,okfUs",, bJ " Vve lJ.q,horL nayl/c,) <7 &.- /-(" "flrf, PC Exhibits (81812007) ir*"f 19?8,*u*"o@ StaffMemorandum Resolution 2006-108 Section 5.02.21 - ll -13-2007 Draft Section 5.02.22 - Minor T Draft Section5.02.2l -V from the 5-9-2007 Plannins Commission meeting, dated 5 -l 4-2007 Memo from the Grand V Citir"ns Alliance, dated 5'92007 regarding the state Labor CamP Comments from dated 7-16-2007 gmm from Dean Smith with the dated 6-19-2007 ealth DePartment' dated 6- Garfield County Planning Department reouesting comments on attached Dr"ft S""tio" 5 .U 2, d"d 6-122W ffif the GVFPD, dated 7-18-2007 Quarter regulations and related materials, dated 6'25-2OW trr Jim Rada of the Garfield Public Health Departrnent, dated 9-14-2006 Garheld PC DP 81812007 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT (OWNERS): REPRESENTATIVE: Amend the text of Section 5.02'21 and2'02'22 of the Zoning Resolution of 1978, as amended regarding the "Temporary EmPloYee Housing" Board of County Commissioners, Garfield County GarJield County Planning Department I. BACKGROUND on November 13, 2006Jrte Board of county commissioners directed staff to draft an administrative process for permitting facilities to house those individuals deemed as "essential personnel" on oil and gas extraction locations. The context of this request is dictated by a November 2006 amendment by wiltiams Production RMT which changed section 5.02.21(See Exhibit D) to accommodate manufactured homes and campers for use as temporary employee housing (Resolution 2006-108)' The revision of section 5.02.21was effective in all =oning oistrjcts and incTudes provisions for temporary employee housing by the resource extiaction induitry. This Special Use Perm.it process requires at least one public hearing with the Board of County iommissioners and typically takes 60 - 90 days of review from the date of Technical ComPliance. since November 2006, County Staff has worked with industry representatives and relevant government officials to establish regulations that accommodate a timelier and less staff intensive process for ,,esseniiai personnel" iacirities on oil and gas extraction locations. The proposed amendments divide the regulations into Major (special Use Permit) (see Exhibit F) and Minor (Administrative permit) (SeL Exhibit E) permitting processes' The basic parameters of the Minor Temporary Employee Housing are as follows: A. The Minor Temporary Employee Housing Facility and any associated inf rastructures ("Minor Facititylies;") must be completely contained within a state or federally peimitted parcei (sucn as a Colorado Oil and Gas Conservation Commission (COGCC) approveO oil/gas well pad) in which reclamation and revegetation are secu16O *itn the permitting agency (Permitted Site); and, B. The Minor Facility is located at the Permitted Site for less than a cumulative of one (1) Year; and, C. The Minor Facility houses twenty-four (24) or fewer individuals at any one given time, A Major Temporary Employee Housing permit encompasses any facility which does not meet any of the above tests. The process is intended to be one where the Garlield county Planning Department is the final sign- off and is the issuing agency for the Minor Temporary Employee Housing facility permit' ln the I I anticipated process, the Applicant would obtain the application form and sign-off sheets from the Garlield county planning Department, obtain the necessary signatures from the various agencies and deliver the compleiLd application and signature sneets to the Planning Department to be considered for a Minor permit. This process wilireplace that of County Staff sending the application off to referral agencies after the application is submitted. This process will significantly reduce.the overall amount of time it will take to process the application as well as reduce county staff time reviewing the application. ln the end, the onus will be on the Applicant to. perform the leg work for application feedback instead of relying on county resources' The idea of prior sign-offs has been expanded to encompass building permits as well, where the applicant obtains prior signatures from the Building DePartment. ir Insliril:tu^is i ?...4.iliirri*'riiur, I,rrrrir _ ?-;r,J iPl0tets : Slil ji or rr{{a l,)rlrr}Jrt:ll' ln:'rri.irr'ri' iil ' I .1. SUt l.< cr \l,itr lr\liviriurl._.. -.. i..im*f i',ffi:--;ri.;" i \pmitirrl. 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(llttitor lrrlnl cnj,rvin! tltc AdlDinijLrriitt' lrrrrul ;-ri'crss in lhc I L ]lrgl*-* -- i- .*-*,.-, . -- chart of originat staff Proposal as sent out for comment, the lndustry PlgPTil-T^f:^:ived by staff , and the New Staff Proposal after taking the lndustry Proposal into account. 2 Ntrr Stal'I"Pnrpturl (TLrhihit tit iI: or tt/l{/l0l}7 l'(l) l. "[)lrrrrii II \rilrrc - \, XLljrIil: ln addition to the reduced referraltime, Staff is suggesting an Area Wide Development Plan option in which an operator can complete the proirc notidi, signloffs and appeal period for an unspecified operation time and for an unspecif ied nrrb", of Minor Facilities, what this means, is that at the time the Applicant wants to obtain a Minor Permit for a Minor Facility which was previously approved under the AWDp, all that would need to oe accomplished is final sign-off of th-e building pelmit and issuance of the Minor permit itself. Althorgh tn" Draft section s.oi.zz specifies that the Planning Department has up to 28 calendar days f6r technical compliance and determination' it is Staff's anticipation that the checklist nature of a Minor Permit and pafticularly if ma.ny of the requirements are previously reviewed and approved under an AWDP, that Staff wilt Oe able to issue the Permit over the counter u..rrning the'application is complete and that a Staff person is available to do so' It is Staff's position that a "Permit by Notice" adds too much complexity and.bureaucracy to a process we are utt"rfting to simplify without achieving any notable shortened timeframe goals, ensuring compliance with any regulationi or allowing foi enf,orcement provisions of the Standards set forlh in section 5.02.22.A ,,permit by Notice" is inLffect an exemption from.county regulation' To this end, it is staff,s opinion that if the pianning commission feels that a housing development with 1-6 individuals has JJ"gr"" of limited impait as to require no permit issuance or enforcement provisions 1as propos"Ol, lndustry), _that it would be most expedient to formally exempt these facitities from either in" H,ruirr or Minoi iermit processes all togeiherthrough resolution' That said, however, Staff feels the Minor permit process as outlined in Exninit E is abbreviated enough to allow for the efficient pro."iring of Minor Facilities to achieve the permitting timeframe goals of the oil and gas industry *hil" ensuriig the health, safety and welfare of Garfield County residents' As was emphasized by the Planning commission in the May 9, 2007 meeting regarding section S.O2.ZZMinor permit regulations, it ivasthe desire of the Commission to create regulations which "naort"g"d "self-regulaiion" through "heav/'fines and unnoticed inspections' As was emphasized by the Planning commission in the May 9,.2007 meeting regarding section s.o2.22Minor permit r6gulations, it ivas tne desire of the Commission to create regulations which ;;;;add ,,self-regu-lition' tniougn-"heavy' fines and unnoticed inspections. The county Attorney,s office (cAo) has revieweo state itltrt". regarding zoning violations and relayed to the B&P D6partment the determination that GarJield County: (1) Cannot impose a fine without a Court order; and the fine cannot be greaterthan the $100'00 per day (District Court) oi$soo,oo - $1,ooo.oo p"i ory (County Court)finsset by statute' Essentially, the Court fines the violator, not the County; and, (2) Cannot, under its land use authority, inspect a lite without notice and/or the consent of the land owner and, probaniy,-in" operator of if'" iVfinor Facility. The County Tgy be able to engage in ,uarranfless administrative searches", without notice, under County ISDS regulations and the State ISDS statute, it certain-tungr"g" is inctuoeo in that set of regulations and.in the application andior the permit. Whether ,.tin"g ,"nd"r its 6nJ use, public nea'itn or general police power authority, however, the County and its representatives/ofiicials must abide by federal and state Fourth Amendment Search and Seizure law. Thus, the county's ability to enforce "self-reg_ulation" by using unannounced inspections or imposition of fines, of any amount, is limited. Stiff, however, has Continued to prepare regulations lilnioit fl which do not iequire inspections f rom the County to ensure regulatory compliance, at or prior to f inal instaltalion of the facility. tn otner *ords, despite this interpreiation f rom the CAo, staff has stayed the course of creating an environment of "self-regulalion" even though the reality is that tne CoJnty has little ability to eniorce the proposed "light" set of regulations' please see the attached memo from Andy Schwaller, Garfield County Chief Building Otficial, regarding responses to several of the other concerns raised by the commission on May 9,2007 ' II. REQUEST To modify section s.oz.zl of the Zoning Resolution of 1978 to create a MajorTemporary Employee Housing (Speciaf Use permit) requireirent for those facilities able to accommodate 25 or more individuals, are not completely contained on a state or federally permit site, or are going to be on location of a cumulative of more than one (1) year' To create Section 5.OZ.2Zof the Zoning Resolution of 1978 to create a Minor Temporary Employee Housing requirement (Administrative P6rmit) for those facilities which can accommodate a maximum of 24 individuals, are fomptetely contained on a state or federally regulated lease parcel, and are going to be on location for a cumulative of less than one (1) year. The proposed regulations are as follows: s.o2.zl Special Use permits for Major Temporary Employee Housing Facilities ("Major Permit"): (1) At times of severe housing shortage, extremely remote locations or other emergency conditions, speclal use perftits for "Major Temporary fqn]oV99 l9l?ng Facilities in the nature of manufactured homes [as defined undei 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 tem-Fgtury living quarters and not recreational purposesl may be granted for projects within Garfield County related to commercial, industrial, mineral exfracti-on or highway operations of substantial size in any zone districi ny tn. 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 shallbe removed' Review of the permit shall be subject to $9.03 and $5.03 of the Garfield County Zoning Regulations of 1978 as Amendeo. nit speclal Use Permits for centralized Employee Housing/Major Temporary f mptoyee Housing Facilities is subject to all applicable building code, state and federalp"r31it r"qrir"r"nts, fire protection district requirements and firecode requirements' Major TemporaryEmployee Housing Facilities shall have at least one of the following basic characteristics: A. The Major Temporary Employee Housing Facilities or any associated infrastrutture (inctuding ISDS) ("Major Facility(ies)). is not completely contained within a Stati or Federally regulated parcel (such as a Colorado Oil and Gas Conservation Commissibn (-COOCC) approved oil/gas well pad) in which reclamation and revegetation standards are guaranteed by contract with the Permitting agency; or, B. The Major Facilities are to be located at the permitted site for more than a cumulative of one (1) Year; or' c. The Major Facilities are to house twenty-five (25) or more individuals at any one given time. (2) Temporary Employee Housing Facilities housing 25 or fewer individuals at any one given time, will be on location for less than a cumulitive of one (1) year and are completely contained within a state or federally permitted parcel (i.e. "Minor Facilities") are subject to the administrative review process ahd standards contained in Section 5'02'22 and the enforcement provisions of Section 12 and section 9.01 .06. (3) Special Use permits for Major Facilities: The applicant shall submit an adequate site plan, consistent with section g.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 .Major Facilities must complywith all applicable state and local laws and regulations- ln addition, all sewage must be disposed of on-site using an lndividual Sewagebisposal System (ISDS) unless the applicant can ii. iii. iv. 2. 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 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: i. The applicant must demonstrate and guarantee an arrangement for hauling sewage; and The afplicanimust maintain all records including but not limited to trip logs/reports and landfill receipts; and Att"r"*ug" disposal records must be maintained as public records to be availa-ble to the County and/or any other interested third party upon request; and The temporary housing must not exceed a cumulative of one (1) year at an aPProved location; and, v. These facilities shall be designed wastewater Per Person Per daY. to accommodate 75 gallons of (B) For sites where potable water is hauled to and wastewater is hauled out, applicants must keep appropriaie 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 of at an approved facility. For facilities serving twenty-four (24) people or less, the operator must conduct monthlytests (or quarterly if in on-site disinfection system is installed)and maintain records of stored'potable water samples specific for coli form. Any tests indicating coli form contamination must be disciosed to the Garfield County Board of Health o-r designee. water systems serving twenty-five (25) people or more must demonstrate conformance to state regulation! by obtaining all necessary.state permits prior to the scheduling of a special Uie Permit for a Major 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) Special Use permits for Major Facilities must be related to one or more commercial, industrial, mineral extraction or highway operation locations and shall be limited to a spacing of at least one (1) mile between -tr/ajor Facilities, regardless of land ownership or operat5r. Special Use Permits for MajorTemporary Employee Housing Facilities for oil and gas extraction purposes in the Resource Lands (RL) zoning district may be exem-pted by the BObC from the one mile spacing if the operator can prove that the housing structures and all supporling inf rastructure will be contained within the Colorado Oil and Gas Commission (COOCC) 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 Major Facilities on.an approved COGCC well'pa'd, ihe applicant must provide the relevant approved APD permit indicating housing location(s) along with the application for a Special Use Permit for Major Facilities. (4) The maximum allowable time length of the special Use Permit for Major Temporary Employee Housing Facilities is one-(1)year. For good cause shown, the permit may be renewed annually'in a public meeting with notice by agenda only. Annual renewal review shall be based on tne siandards here'in 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" foi renewal. The applicant must provide an estimated total cumulative length of time the Major Facility(ies) will be at the proposed location along with a statement of intentions to request renewal'past the one year expiration date as part of the Special Use permit for Malor Facilities application. Failure to provide a statement of intention for renewal will prohibit the Special Use Permit for a Major Facility(ies) from future renewal consideration. (5) Temporary housing shall be located at a site authorized by the Board of County Commissioner" and'identified on the relevant site plan submitted with the Special Use permit for a Major Facility(ies). lnhabitants of the Major Facility shall. be applicant's employees and/oi subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members' (6) Major Facilities shall be maintained in a clean, safe and sanitary condition, free of weeds' ' ,nO- 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 foi summoning fire apparatus, sheriff's office and resident "rpioy""r. All fires are subject to 5307 of the 2003 lnternational Fire Code (lFC) including'but not limited to permiis, attendance, open fires, coalgrills, fire bans and bon fires. Orie (1) or more approved extinguishers of a type suitable_ for flammable liquid, combustible materials or electrical fires (Class A, Class B and Class C), or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (1OO) feet to reach the nearest extinguishel' A water storage tank shall be required to'provide water to the sprinkler system and initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and initial suPPression demands' (B) Wildlife-proof refuse containers must be provided for trash. At least one thirty (30) gallon (4cubic feet) container shall be provided for each unit or the equivalent in a central trash collection facility. Said container(s) must be durable, washable, non-absorbent metalor plastic with tigni-fitting lids. Refuse shall be disposed on not less than once weekly' (C) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Major Facility(ies) site are provided. (D)The applicant shall provide a detailed map and GPS coordinates to the Garfield County' ' Sherifi,s off ice ano ine relevant Fire Protection District which is suff icient for emergency response purposes, including location of the Major Temporary Employee Housing Facilities site; private and pudlic roadways accessing the site, ,?lf"q as open, gated and/or locked;'and detailed directions to the site from a major public right-of-way' The map is subject to approval by the Garfield County Sheriff's Office and relevant Fire Protection District. (7) lf structures, requiring Building Permits under the GarJield County Building Code, are constructed for the co-mmercia[ industrial, highway project or mineral extraction operation related to the special Use permit for Major Facilities upon expiration or revocation of the permit Ceftificaies of Occupancy for such structures shall be withheld until the temporary living quarters are removed and ihe site is restored to the satisfaction of the county Building and Planning Director. (g) lf a Special Use Permit for Major Facilities is granted, the applicant shall notify the county when site development begins. The applicant snatt verify in writing, by site plan and through photo documeniation tha[ the site, water system, and sewage disposal System were designed, installed and inspected in accordanle with the said special use permit and comply wffi-att applicable regulations, permits, and conditions. All written documentation and site ptans veiitying compiance must be stamped by a certified Colorado Engineer' The county also reserves the iignt to inspect a site, without notice, to assess compliance with the Special Use permit f6r Major Facilities. A determination of noncompliance with any Special Use permit for Major Temporary Employee Housing Facilities, or condition approval there,oJ' is grounds for revocation or suspensionof said permit, in accordance with Section 59.01'06' (g) lf there is suitable permanent housing inventory available in an area near the commercial, industrial, highway project or mineral6xtraction operation, as determined atthe discretion of the BOCC, the Sfieciai Use Permit for Major Temporary Employee Housing Facilities shall not be granted. (10)No animals shall be allowed at Major Temporary Employee Housing Facilities on Location sites. (11) ln evaluating a request for a Special Use Permit for Major Temporary.Employee Housing Facilities, the Couniy 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) (12)The applicant shall submit as part of the Special Use Permit for Major Temporary Employee' ' Housing Facilities, a reclamaiion and revegetation plan for each specific site addressing all points in section eleven (1 1) within this $5'02.21 . a. Debris and waste materials, including, but not limited to structures, concrete, footings, sewage disposal systems and re.lated 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 backfilleb 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 arid recontoured' Culverts and any other obstructions that were part of the "..L.t road(s) shall be removed' Upon closure of a camp facility, wastewater tanks shall be compleiely 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 tnai is permitted Oy COeUe and/or Garfield County to receive said wastes. Materials m"y not be burned or buried (other than ISDS) on the premises' All disturbed areas attecteO by Major Temporary Employee Housing Facilities or.subsequent operations shall be reclaimed u, "uity "ni ,. ne"arty as practicable to their original condition and shall be maintained to controldust, 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 shallbe re-leveled as close to its originalcontouras practicable' Reclamation shall occur no later than three (3) months after the special Use.Permit for Major Temporary employee Housing Facilities expires or is revoked unless the Director or designee extenOs in" tir" period because of conditions outside the control of the aPPlicant. b. All areas compacted by Major Temporary Employee Housing Facilities and subsequent operations shall be.ro..-ripp"d On crop land, iuch compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below thirty-five percent (35%) ot iilfO capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the exteht OeO roit< is encountered at a shallower depth' c. when a MajorTemporary Employee Housing Facilities site is removed, alldisturbed areas willbe restored and revegetated as roon r" firacticable. For disturbed areas not regulated by the colorado oil and- Gas Conservation commission, the following regulations will apply: (1) Revegetation of crop lands. All segregated soil horizons removed from crop lands shalt be replaced to their original 6t"ir" positions and contour, and shall be tilled adequately to re-establish a froper seedbed. The area shall be treated if necessary and practicable to prevent invasion of undesirable species and noxious weeds' and to control arr..n. Any perennialforage crops that were present before disturbance shall be reestablished. (2) Revegetation of non-crop lands. Allsegregated soil horizons removed from non-crop landsshallbereplacedtottreiroriginalrelativepositionsandcontouraSnearaS practicable to achieve erosion con-trol 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 surfac6 owner as to what seed mix should be used' the applicant shall consult with a representative of the local soil conservation district to determin" tf'" ptop"r seed mix io use in revegetating the disturbed area' d. During occupation and reclamation operations, all disturbed areas shall be kept free of Garlield 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 pedormed as per 11(c)(1) of this section, and observation by the Director or designee over two growing seasons has indicated no signif icant unrestored subsidence. (2) On non-crop land, reclamation has been pedormed as per 11(c)(2) of this section, and the total cover of live perennial vegetation, excluding noxious weeds, provides sufficient soils erosion control as determined by the Director through a visual appraisal. The Director or designee shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canopy cover, having similar soils, slope and aspect of the reclaimed area. (3) A final reclamation inspection has been completed by the Director or designee, there are no outstanding compliance issues relating to Garfield County rules, regulations, orders or permit conditions, and the Director or designee has notified the 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 bythe 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 Gaffield County Vegetation Management Plan adopted by resolution No. 2002-94, as amended. 5.02.22 - Administrative Permit for Minor Temporary Employee Housing Facilities ("Minor Permit"): (1) Minor Temporary Employee Housing Facilities, in the nature of manufactured homes [as defined under C.R.S. 42-1-102 (106) (b)l 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 land use approval for projects related to commercial, industrial and mineral extraction operations in any Zone Dlstrict by the Building and Planning Department Director (Director), through the Minor Permit process. Such housing shall be of a temporary nature, and at the expiration or other termination of the Minor Permit, all structures, foundations and associated infrastructure shall be completely removed. Such facilities are subject to all applicable requirements of Garfield County building and fire codes (building code, fire code), state and federal permits and relevant fire protection districts. Minor Permits shall have all of the following basic characteristics: D. The Minor Temporary Employee Housing Facility and any associated infrastructures ("Minor Facility(ies)") must be completely contained within a state or federally permitted parcel (such as a Colorado Oil and Gas Conservation Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); and, E. The Minor Facility is located at the Permitted Site for less than a cumulative of one (1 ) year; and, F, The Minor Facility houses twenty-four (24) or fewer individuals at any one given time. Temporary employee housing facilities that do not have the three characteristics listed above, i.e.,21ormoreindividualsatanyonetime,onlocationformorethanacumulativeof one (1) year or not completely contained within a Permitted Site, i.e. "Major Facilities", are subject to the special use review process and standards and requirements contained in Section 5.02.21 and the enforcement provisions of Section 12 and Section 9.01 .06. (2) General Minor Permit Application Requirements: The Applicant shall submit an application, on a form provided by the Building and Planning Department (Department) and be issued a Minor Permit by the Director prior to commencing installation of the Minor Facility. A, Minor Permit and Area Wide Development Plan (AWDP): Each Minor Facility application shall be reviewed by the Director and an administrative determination made, in accordance with the process and timeframes outlined in Section 5, below. The Applicant, however, may choose to applyfor an AWDP consisting of multiple Minor Facilities to be developed within an identified amount of time, using an accelerated administrative process, following approval of an AWDP, leading to multiple Minor Permits. Approval of an AWDP, however, does not guarantee approval of each Minor Permit. Administrative review is required for permitting of each Minor Facility, in accordance with the process and timelines contained in Section 5, below. B. ldentity of Applicant. The Applicant for a Minor Permit or for approval of an AWDP must be the owner of the surface estate of the subject lot (Owner), consistent with Section 9 of this Zoning Resolution. lf a representative is acting on behalf of the Owner, an acknowledgement from the Owner shall be included with the application submittals required by Section 4, below. Such an acknowledgment may be in the form of a letter of authority/agency or a lease, sudace use agreement or similar document of legal effect demonstrating that the Owner has given the representative permission to use the surface estate for installation of one or more Minor Facilities. The representative may be the operator of the Minor Facility(ies) (Operator), a land use planner, engineer, consultant or any other type of authorized representative/agent. C. Public Notice: At the time of submittal of an application for a Minor Permit or approval of an AWDP, the Applicant shall demonstrate that notice was mailed to adjacent property owners within 200 feet of the subject lot, as identified in the Garfield County AsseSSor'S Records; the Owner (unless the Owner is the Applicant and is not represented); and separated mineral estate owners, as identified in the records of the Garfield County Clerk and Recorder. Public Notice shall include at a minimum: name of the Applicant and representative (if different), description/map of the subject lot with proposed location of Minor Facility(ies), generaldescription of the proposed Minor Facility(ies), explanation of the reconsideration process, outlined in Section 6, below, with the timeframe 10 to request reconsideration of the Director's decision and contact information for the DePartment' D. The application must also include the submittals required by Section 3 and 4, below. (3) Submittal Requirements for an AWDP: At a minimum, the Applicant for approval of an AWDP, along with the SUbmittals listed in section 2, above, shall submit: A. A master map/site plan in accordance with section 4(H), below' identifying the proposed location anJ anticipated layout for all Minor Facilities to be installed within the AWDP. Site sfecific, surveyed maps depicting the. location of each Minor Facitity, located *iinin the Permitted Site within the subject lot, shall be submitted with each individual Minor Permit application and not with the application for approval of an AWDP' B. The master map/site plan shall include a list of the anticipated dates of installation and removal for each Minor Facility. The list shall also include the estimated total cumulative length of time (number of days) that the Minor Facilities are anticipated to be installed at the proposed location' C. Sign-offs from the Garfield County Sherriff's Office, relevant fire protection oistrici(s), and GarJield County Building Department consistent with Section 4A and B, below. D. A legible photo of the state or federal "certifying stamp" for each housing unit anticipaied to be used within the AWDP and demonstration that each proposed unit meets current building code and Garfield County fire code requirements' E. A general description of infrastructure and services listed in Section (4) C - E, below. The detail required at the time of application for a Minor Permit is not requiredatthetimeofapplicationforapprovalofanAWDP. F. proof that required public noticing has been pedormed in accordance with Section 2(C) above' Assuming approval of the AWDP, following the timeframe for reconsideration detaited in s6ction (6) betow. The Appticant may pro-cgg!_tg submit individual apptications for the Minor Facilities propbseo within the AWDP, in accordance with the submittal requirements, standards, administrative review process and timeframes and the reconsideration process and timeframes, stated in Sections 4 - 7, below' (4)Submittals for Minor Permit, including Minor Permit application for which an AWDP was previouslY aPProved: A. Sign-offs: review from the Garfield County Sheriff's Office and relevant fire protection district(s). lf an AWDP was previously approved in accordance with Section (3), above, the Applicant for a Minor Permit need not resubmit the sign- offs. 11 B.Sign-off : review from the Garlield County Building Department of the state or federai "certifying stamp" for each housing unit proposed for use and demonstration that each proposed housing unit meets current building code and fire code requirements.'lf an AWDP has been previously approved yhig-h includes the Minor Facility presently being permitted, the Applicant shall identify the housing units which wiit Oe used at tl're Minor Facility from the list approved as apart of the AWDP. General description of the water system planned for potable water, along with details regarding number and volume of potable-water.tanks, Source of water, name of h-auler, hauler's Colorado Deparlment of Public Health and Environment (oDPHE) registration number and copy of hauler's oDPHE certification, ir"qr"n.y of -delivery, and calculation of water demand and demonstration of adequate caPacitY. A general description of the system planned fo_r collection and storage of sewagi and wastewater, along with details regarding number and volume of sewale and wastewater vaults, name of hauler, frequency of pickup, identiiication of sewage disposal site, calculation of sewage and wastewater treatment demand ant demonstration of adequate storage and/or treatment C. D. capacity. E. A general description of the system planned for.collection and disposal of refuselalong with deiails regarding refuse collection, including number, type and volume of containers; namJof hauler; frequency of collection; and identification of refuse disposal site. F. A list of adjacent sudace owners within 200 feet of the subject lot (not only the permitted Site), as identified in the Gar{ield County Assessor's records, and a list of separated mineral estate owners in the subject lot, as identified in the Garfield County Clerk and Recorders records' G. A list of the final dates of installation and removal of the Minor Facility and a representation of the total cumulative length oJ time (number of days) that the Minor Facility will be installed at the proposed location' H. Site plan: The Applicant shall submit an adequate site plan, consistent with Section g.01.01 of thi's Zoning Resolution and the requirements listed below: i. A vicinity map indicating the section, township, and range of the subject lot and the location of Minor Facility within the subject lot and the Permitted Site; general relation to surrounding public roads, private roads, adjacent utitity systems, residential development, other actively permitted Minor and Major Facilities, natural drainage courses and municipalities within one (1) mile of the proposed Minor Facility; nodh arrow and scale; GPS coordinates and current sudace ownership of the subject lot. The vicinity map shall be presented on a USGS 7.5 minute ieries quadrangle at a scale of 1"=2000' or equivalent, with a topography depicted at a minimum of 5' intervals. ii. Surveyed layout of the proposed Minor Facility within the surveyed t2 boundaries of the Permited Site, including at a minimum: sanvage and wastarvater disposal, trash receptacles, potable water storage, all ofiter associated infrastructure and all other equipment located wilhin the Permitted Site. iii. ldenffication of the private and public roadways accessing eactr Minor Facility. Roaowafi'shall be marked as open, gated: and/or locked lincfurie comUinations). Ebtaited directions, with mileage, shall be iiven fiom the nearest town to each Minor Facili$, along each roadwaY. iv. Name, address and phone number of surface owner of the subject lot' V.Name,addressandphonenumber,includinga24.houremergency response number of at least two persons responsible for operato/s "*",g"n"y field operations; contact numbers for local hospitals, emergency r*pon*, fire protection districts, Garfield county sheffis otr*, t_itbcare Flight, and applicable regulatory agencies; site safetyievacuation p[n;'and any other written response plan for potentiat emergencies at the Permitted Site' vi. ldentification of the finaldates of installation and removalof the Minor Facility. The site plan shall include a notation of the total cumulative length of time (number of days) that the Minor Facility will be installed at the Permitted Site. l. The name, title, address, phone number and email address of the operato/s emptoyee oroih"r"rthorized representativewho is in charge of ensuring thatthe Minor fr"il,ty is in compliance'with the standards outlined in Section 5'02'22 ("OPerator's ComPliance ffi ce/')' J.A form, provided by the Department and signed by tf.re Operato/s Compliance oticer,-inoicating'tnat tre'trrtinor Facility wi'fi ue initatteo in accordance with all appticableGarfieldCounty,stateandfederalregulations. K.Aform,providedbytheDepartmentandsignedby.theOperatofs Compliance bffi".r, indicating that ihe Operator submits to the enforcement provisions identified within Section (8), below' L. A copy of the permit from the state or federal agency, regulating the permitted bite, identiiying the location, conditions of approval, time period for which ttte per171lt is valid ind the parameters for reclamation and revegetation of the Minor Facility once the state oi federal permit for the Permitted Site has expired or is otherwise terminated. (5) Timeframe of Review and Administrative Determination: a. Upon submittal of an application for a Minor Permit or for approval of an AWDP to tf," O"p"rtment, a technicalcompliance check shall be completed and notice of compliance or non-compliance senttotheApplicantbytheDirectorwithin fourteen (f +) cafendar days of submittal. Once an appiication for a Minor Permit or AWDP 13 is deemed technically compliant by the Director, the Director shall issue a determination of approvat, "ipior"r witn conoitions or denial within fourteen (14) catenOar Oays following tne date of technical compliance determination' Failure by the planning Director to ,""i tn" specified timeiine shall render the application aPProved. b. lf the Director finds in reviewing an application that the application meets the standards set forth in this zoning Resolution, the Director shall approve the application for a Minor perm-ii uni i$r" the Minor Permit to the owner of the subjectlotorapprovetheapplicationforapprovalofanAWDP. c. lf the Director finds that the application does not meet an applicable standard or standards,theapplicationmaybeapprovedwithappropriatereasonable condition-s impose'O'to avoid oirinirir" ihe significant adverse impacts of the MinorFacility(ies).Such.oMition.mayinclude,butarenotnecessarilylimitedto, the relocation or modification of proposed access roads, facilities (including water and sewer facilities), or structuies;'landscaping, buffering, or screening; or any other measures necessary to mitigate any significant impact on surrounding ProPerties and inf rastructure' d. lf the Director finds that the application does not meet an applicable standard or standards and that the non-colipl,rn." cannot be mitigated through a condition(s) of approval, the Director.r'"riJJny tn" vinor Permit oi application for approval of an AWDP. (6) Reconsideration Hearing: once the Director issues a determination on the application the Jetermination sn?ll not be final for fourteen (14) calendar days after the date of the determination in order to allow time for the applicant, adjacent property owners withln 200' of r," "roi""t lot, the owner(s), subjgc-t lot separated mineral estate owners' and/or ffre aoarJ of cbunty iommrssionlrr lgobc) to reconsider the determination made by the Director. The Director's determination shall become f inal only after the expiration of this fourteen (1a) calendar Ouy p"iioO, and only if the determination is not reviewed and acted upon by the Bocc at a-subsequent reconsideration hearing' A. Request by Applicant or Adjacent Property owner for Reconsideration of Decision. i. written Request. The Applicant (and the owner, if the owner is represented as OetaiteO in (Z;1A;, above)', an adjacent property owner within 20!' of the subject rot, aggrlevbir'oy tn" Diiector's-decision mayrequest reconsideration by the aoc6"oy 1.n""n. of a written request filed with the Department within the fourteen (14) daY Period of time' ii. schedule Public Hearing. A public hearing by the BOCC.shall be held at the next availaOle BOC6{ rJgularly scheduled meeting date in which all required prior puOIlc noticing can tike place (Reconsideration Hearing)' iii. Notice by Publication. At least thirty (30) calendar days prior to the date of the scheduled n"consioeration Hearing,'the aggrieved party shall have published T4 a notice of public hearing in a newspapeloi general c.irculation in the area in whichtheproposedMinorFacilityorAWDPis|ocated' iv. Notice to Adjacent Property owners. At least thirly (30) calendar days prior to the date of the scheduled Fieconsideration Hearing, the aggrieved party shall seno oy certified mail, return receipt requested, a written notice of the public hearing to the owners oi record of all adjacent property within 200' of the suOleci lot. The notice shall include a vicinity map, the legal description of the subject lot, a shott nrrruiV" describing the Minor Facility or AWDP' and an announcement of the date,time and locition of the scheduled Reconsideration Hearing. v. BOCC Decision. The BOCC shall conduct the Reconsideration Hearing and, naseJ upon the evidence received at the hearing, the Board may uphold the Directorjs decision, modify the decision or reverse the decision, based upon compliance of the proposeo Minor Facility or AWDP with the regulations contained in this Zoning Resolution and, specifically, section 5'02'22' B, Call-up by Board. Within fourteen (14) calendar days of the date of receipt of notice of the Director's decision, the BbCC may at its discretion' decide to reconsider the Director,s decision at the next regularly sched.uled meeting of the BocCforwhichpropernoticeofhearingcanbeaccomplished' i. call-up Vote, The BOCC shall consider the call-up reqttest, by.one or more commissioners, at tn" n.*t regular meeting of the B9CC and set a public hearini by a majority vote of "the BOCC in favor of the Reconsideration Hearing. ii. Notice by Publication. At least thirty (30) calendar days priot to the date of the scheduled Reconsideration Hearing beiore the BOCC, the Director shall have puotisneo a notice of public hearing in a newspapglof generalcirculation in the area in which the proposed MinorFacility or AWDP is located' iii. Notice to Adjacent properly Owners. At least thirly (30) calendar days prior to the date of the scheduled iLconsiOeration Hearing, the Director shall send by certified mail, return receipt requested, a written notice of the public hearing to the owners of record of aliadja'cent properly within 200' of the subject lot' The notice shall includ" " ,tinity map,'the legal description of the subject lot, a short narrative describing th6 frlinbiPermiior AWDP, and an announcement of the date, time and locati6n of the scheduled Reconsideration Hearing' iv. Decision by BOCC. The BOCC shall conduct the Reconsideration Hearing and, based upon the "rid"n." received at the hearing, the Board may uphold the Director's decision, modify the decision or reverse the decision' based upon compliance of the proposed Minor.Facility or AW-DP with the regulations contained in this Zoning Resolution and, specifically, section 5'02'22' (7) The Minor Facility shall adhere to the following Minor Permit standards: 15 A. B. c. D. E. Minor Facilities must comply with all applicable federal, state and local laws and regulations. operator must keep and maintain appropriate records, to be provided to the county or any interested third parly upon request, to demonstrate that potable water supplied and sewage and wastewater meet the representations contained *itr.inthe,application,as-requiredbySection4(C)and(D)above. ln no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface' The operator shall conduct monthly tests (or quartirly if an on-iite disinfection system is installed) and maintain recorOs of sioreO fotable water samples specific for coli form bacteria. Any tests indicating coli form contamination must be disclosed to the Ga;field county Board of Hiafth or designee within T2hours from the time the contaminated water was tested. Minor Facilities shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored at the Minor Facility for ofierational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations' At least one thirty (30) gallon (4 cubic feet) wildlife-pro9f refuse container shall be proriO"O tor eicir minufaciured home or recreational vehicle unit' Said lontainer(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. F, Refuse shall be disposed of weekly, at a minimum. operators m.u.st. keep appropriate records, to be provided to tne county or any interested third pafty upon request, to demonstrate that refuse is collected in a timely fashion and disposed of at a licensed facility. G. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Minor Facility are provided' H. Manufactured home or recreational vehicle units equipped by the manufacturer with a fire sprinfler system, fire detection system, and/or alarm system shall be inspected, tested, and maintained in accordance with 2003 lFc s901'4 and s901.6 and as required by the relevant fire protection district(s)' smoke alarms and manualtire alarm.yri"r. shallbe installed, inspected and maintained in all other manufactured home or recreational vehicle units in accordance with 2003 tnternationat Fire Code (lFC) 5907.2.9 and 5907.2.10 and the requirements of the relevant fire protection districts' L single-station carbon monoxide alarms shall be placed in each manufactured home or recreational vehicle unit' J. One (1) or more approved fire extinguisher(s) of.a.type suitable for flammable liquids, combustible materials and el6ctricalfires (Class ABC), carbon dioxide or Ory cnemical, shall be located in each manufactured home or recreational vehicle unit and placed in accordance with applicable codes' t6 K, L. lnhabitants of the Minor Facility shall be Applicant's employees and/or subcontractors, working on the related commercial, industrial or mineral extraction operation, an"d not dependents of employees, guests or other family members. Within 1 0 days following the expiration or other termination of the Minor Permit or represented date of rJmoval identified within the Minor Permit, all housing structures, foundations and associated infrastructure shall be completely removed. The operatoi snarr provide the Department with photos, dated and signeO by the bperator's Compliance Officer, indicating that all housing Structures, foundations and associated infrastructure has been removed within the specified timeframe. M. No domestic animals are allowed at a Minor Facility' N. Each Minor Facility shall have at least one (1) water storage tank with a minimum of 2500 gallons of stored water for initialfire suppression, operation of sprinkler systemslif applicable) and wild land fire protection' o. All emergency situations requiring action by any government agency or fire protectioi Oirfri.t shall be documented in wriiing and presented to the Planning Department and Garfield county sheriff's office within 24 hours of the occurrence. P. All required Access Permits shall be obtained from the Garfield county Road and Bridge Department or the colorado Department of Transportation' Q. The Gar.field county sheriff,s office and relevant fire protection district(s) must be notified at teisi 24 hours prior to installation and removal of each Minor Facility. The Department shall be copied on all such notification' whether hard coPY or electronic. R. Wastewater DisPosal: i. Vault system: All vault systems shall be designed and. install?g to accommodate the maximum number of persons, identified within the Minor Permit uppr,.rtion, who will inhabit the Minor Facility' ln addition, all vault systems dnrff O" equipped with an ovedlow alarm device' Vault systems shall be designed toaccommodate a minimum of 75 gallons of wastewater p", p"rron-p"er oav lf a vault system is proposed or has been approved, the APP|icanVOPerator must: a. Demonstrate that year-round vehicular access is available and maintained for safe and regular access for sewage hauling vehicles' b. Provide a copy of the contract for hauling sewage' I7 c. Maintain all sewage disposal records including but not limited to trip logsireports and iandfill'receipts as public records, available to the cSunty and/or any other interested third party upon request. ii. lndividual sewage Disposal system (lsDS): lf an lsDS is proposed or has Oeen approvedl then' it sfratt ne designed, installed and operated to accommodate the maximum number of fersons who will inhabit the Minor r"iiritv and shall otnlrwise be operated in accordance with the GarJield C;;;ty tsos regutations as contained in BoCC Resolution Number 1994H- 1 36. (8) Enforcement: A. procedures: Violations of Section 5.02.22are subject to Section .1.2 and Section 9.01.b6 of this Zoning Resolution and the procedures contained in this Section (8). B. lnspection: The BOCC reserves the right to inspect any Minor Facility' including structures and infrastruclure and aiy other related improvements, and/or required documentation retated to the Minor Facility, through its authorized representative(s), to determine if such are in compliance with this Zoning ResoLtion and,'specificalty, Section 5.02.02; the building code and fire code; and specific conditionr of tn. Minor Permit. Such authorized representative(s) may inspect lsDS systems under the county lsDs regulations (adopted by BOCC Resolution 19g4H-136). Any official performing an inspection shall abide by all laws of search and selzure, ai set forth by fedelal and state statutory and constitutional provisionr, in ".."tting the Minor Facility, the Permitted Site and the subject tot. Visits to a tttinor Faciliiy by a fire protection district or the Garfield CountySheriff,sOfficewillbereportedtotheDirector. Permit Revocation: All enforcement actions run with Minor Permits for individual Minor Facilities ,no ur. nol applied to AWDP's. lf it is found, consistent with the pio."orr" identified in Section 9.01 .06, that the permitted. Minor Facility was not installed in conformance with or is out of conformance with any of the standards established in this Reiotution, applicable building andior fire codes or specific conditions of the Minor permit, the Minor Permit may be suspended or revoked nv tn" Bocc. The BOCC may also suspend or revoke the Minor Permit upon notice from a state or federal agency or a fire protection dstrict that said agency or district has determined that-the Minor Facility is out of compliance with that "g"n;y,r or district'i i"grt"tion". lf a..Minor Permit is revoked, the previously pE*iti"o Minor Facllity Jr,rtt o" immediately vacated and any installed structures and infrastructure snatt ne removed within the fourteen (14) calendar days following the date of revocation. Proof of removal shall be provided to the arirOing"rnd planning Department by 5:00 PM on the fourteenth (14) calendar Oay. Suicfr proot snatiLe in tne form oiphoto documentation signed and dated by the Compliance Officer' Effect of a Revoked Permit:A revoked Minor Permit shall not be renewed' and a request for approval of a Minor Facility at the same location shall be processed as a new aPPlication. c. D. 18 Liability: owner of the subject lot and the operator of the Minor Facility are each individually responsible for compliance with the regulations contained in this Zoning Resolution and, specifically, Section 5'02'22' Three (3) Revoked Permits: Upon revocation of three ^(3) Minor Permits, the Building and planning Director shall refer the fourth (4h) and all future Minor Permitipplications O! tfre offending Operator to the BOCC. The BOCC shall review such applications as a request for a Special Use Permit, in accordance with the Majoi Facitity regulations contained in Section 5.02.21 of this Zoning Resolution. The offending operator may be allowed to submit future applications for Minor Permits for review and approval by the administrative process contained in Section 5.02.22, rather than review in accordance with the Special Us-e Permit process contained in Section 5.02.21, upon the written request of the Operator and only at the BOCC's sole discretion' III. STAFF RECOMMENDATION StaffrecommendsthmionrecommendthattheBoardofCountyCommissioners approve the amendment as submitted in Exhibit E and Exhibit F, E, F. G. 1. 2. 3, 4. 5. That the meeting before the Garfield County Planning Commission was extensive and complete, tnat itt pertinent facts, matterg and issues were submitted and that all interested parties were heard. That on November 13, 2006 the Board of County Commissioners directed Gadield County planning Staff to draft regulations to allow for an administrative permit process for minor Temporary Employee Housing facilities. That on May 9, 2007 the Planning commission held a meeting to discuss the^application which was continued to the regularly scheduled meeting date of August 8-2007 ' 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 Gar{ield County. That the application has met the requirements of the GarJield County Zoning Resolution of 1 978, as amended. t9 tv. ^d."", .,,,f" 7s.fii!}trsrft{fffit,:l.,h+o,# \':'lri iri&i:? r i ll::," is:'',\\eutr*g,. GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Teiephone : 970. 945. 8 21 2 F acsimile : 970. 38 4.347 0 www. qa rtie id-cou ntv. com Text Amendment to Zone District I Zoning Resolution ) Doc. No.: ) Planner: STAFF USE ONLY Date Submitted: TC Date: Hearing Date: GENERAL INFORMATION (To be completed by the applicant.) Name of Applicant (Propeftv Owner): Address. /Of go^ 6/ City'. C-dz-{State: CO Zip Code: %/.rnx Go.y'o/".o "t a^ c)/ P/..n,oo Address: tO?- *ru sr, S{',tk QcrT#phone:7v{-€ ztt CiV. CC4-/5 } Specific Section of County Zoning Resolution of 1978 or PUD to be amended. Se. f/*.-7 '5-. o 7 a Purpose for the proposed text amendment: / €rz)Cd./>/:/7Qca,aq C-eo&. Vc( 4d-,-{, , /^,y'nt*- ,+,V',.'/ F- o-c,<c.r {ina - ''' C's-< r,.- /l>,7 lt .= c.--za r / (-. .\Telephone:7{5 ) Name of Representative. if anv (Planner. Attornev. etc): -*cft.,.. s.ar zz- G.- State: (a Zip code. €rdPl rx STATE OF COLORADO County of Garfield ) )ss ) At a regular meeting of the Board of County Commissioners for Garfietd County, Coiorado, held in the Commissioners, Meeting Room, Garfieid County Courthouse, in Gienwood Springs on Monday the 136 of November,2006,there were present: John Martin ' Commissioner Chairmaa G t*arcot* , commissioner Tr"ri Horrpt ' Commissioner C*"1)," D.hlg"* , Deputy CoqR Attorney Mitdred Atsdorf ' Clerk of the Board J.t* S*ith - " Assistant County Mo"pger when the following proceedings, among others were had and done' to-wit: RES0LUTION NO.2006 - M A RESOLUTION AMEI\IDING TIIE TEXT SECTION 5'02'2I OF T}IE GARFTELD COIINTY Z,ONING RESOLUTTON OF I,978 ADOPTING REGT]LATION' WHEREAS, on the Znd day of January, 1979, the Board of County Commissioners of Garfield County, Colorado. adopted Resolution No, iq-f concerniag a Zonrng Resolution for the County of Garfield. State of Colorado; and WHEREAS, the Board is authorized by the provisions of Sections 30-2S-109 through 30-28-1 16, C.R.S. 1973, asamende4 to provide f.; fi; ,pp.o""1 of amendments to such ZonngResolution' and the Board has so amended the said Resoirfion; and WHEREAS,onDecember16,lggl,theBoardadoptedacodifiedversionoftheGarfield County ZontngResoiution of 1978 and att subsequent amendments; md WHEREAS, on october 11, 2006, the Garfieid county plnnning_commission recommended approval of the proposed text mendmexrt to Section 5.a22r, Special Use Permits for Tmporary EmploYee Housing; WHEREAS, a public hearing was held on the 13e day of Novembet,20a6 before the Board of Courty Commissioners of CarnitO Counfy, Colorado,- oi tlr" Commissioners meeting room' Suite 100, Garfiefa Couny* Administrative Builiing, 108 8th Stree! Glenwood Springs, Colorado' aslo which hearing pubiic notice was given in-accordauce with requirements of section 10 of the Garfi eld CountY 7a"ing Resolution; Page 1 of 3 ADOPTED this ATTEST: WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing has made the following detennination of fact: i. That an application for a zone disrict text amendments werc rnade consistent u'ith the requirements of s""tio" ro.o0 of the Garfield county zonngResolution of 1978, as amended; z. That the Board of County Commissioners_ is authorized by the provisions of section 30-2g-116, C.RS: lili, * amende4 to provide for the approval of amendments to the Garfield County l'gning Resolution; 3. That the publ.ic hearing before the Board of county commissioners was extensive and completc, tlEt all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing; 4. That the Garfield county plandng commission has reviewed the proposed zone district text amendment and made a recommendation as required by Section 10'04 of the Garfield County ZoningResolution of 1978, as amended; 5.Thattheproposedtextarnendmentsareinthebestinterestofthehealth'safety' morals,convc'lrienc.,o'ao,p'o'poi,yandweHareofthecitizrnsofGarfield CountY. Now, TI{EREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the G*fiilt"unty Zoning Resoiution' adopted on the 2nd day of January, 1g7g, ard identified as its Resolution No. 7g-1, as subsequently amended by this Board, shall be and hereby is amended *6 fu language will be incorporated into the codified Garfield County ZonngResolution uaopi"a Uy the-noard on December 16' 1991 as shown on the attached Exhibit A: day of ,20a6 GARFIELD COLINTY BOARD OF COMMIS SIONERS, GARFIELD COLINTY, COLORADO Cierk of the Board Chairman Page2 of 3 Upon motion dulY following vote: STATE OF COLORADO County of Garfield made Bnd seconded the foregoing Resolution was adopted by the Larrv McCown , AYe Tr"ri Hoopt .NuY lonn Uartin . AYe ) )ss ) l,,Cornty-Clerkgdex-officioClerkoftheBoardof county commissioffi and-state.aforesai4 do hereby certify that the annexed and foregoing Resolution is tt.ry ""iri9d^from the Records of the Proceeding of the Board of County Comiissioners for saia Oarneid County, now in my office' IN WITNESS WHEREOF, I have hererurto set my hand and affixed the seal of said Counf, at Glenwood Springs, this - day of A,D.2006. county clerk and ex-offrcio clerk of the Board of county commissioners Page 3 of3 Garfield Gounty, Board of County Cornmissionert As Adoptad - "*f*1, i r.}.i Exhibit A 5.CI2.21Special Use Permits for Temporary Employee Housing: (1)Attimesofseverehousingshortage,extremely,remolelocationsorother emergency ,onoition=, s{ecial usE permits foitemporary employee housing in the nature sf manutactured homei lai aenn"O yrye] C.R.S' 42-1-102 (106) (b)I and/or recreationalvehicles tas oetrneo under c'R.S. 42-1-1a2 (61), with the addition that such truck, truck tractor, motor home or campor trailer is being used for ternporary iirlts qrrtt"o and not'recreational purposesl may be grarrted for projects within GarteH County retateO to commercial' industrial' mineral extraction or'niJn*"v operations of suustantial size in any zone dlstrict by the county commiisionirsthrough the special use ryl*it process, such housing shalt be "f ,;;p;ry naturJ. eilre'expiration of the permit' the lands shall be restored ano ai6ousing strudures and associated infrastructure shall be removed'Reviewofthepermit"n"uou',oj""tt9$?93and$5.03oftheGarfield County Zoning Regrirtidn" of 1978 as Amended' Att Speciat Use Permits for Temporary Employee Housing it *rUi"J to all applicable building code' state and federat permit requirements, fire piotlAion district requirements and fire code requirements. (2)SpecialUsePermitsforTemporaryHoysing:Theapplicantehallsubmitan adequate"it"pr".,'*sistentwittr5s'ot.0landincludingproposedwater supply, proposed method or s"wagJ treatment and names and addresses of adjacent ProPertY owners' (A)Waterandwastanatersystemsproposedtoservicetemporaryemptoyee housing must comply with aff apilicaOle state and local laws and regulations' ln addition, ,iri*,Lg* must ue disposed of oneite using an tndividual sewage Disposal system (lsDs) unless the applicant can prove: 1. That, at the discretion of the Garfield County Board of Health' an $i;Fi;m is not Easible due to environmental, topographic or "ng*d;rg conditions where the temporary housing is to be located; or Z. That, at the discretion of the Garfield County Board of. Health, year- t.o,ndaccessisavailableandmaintainedforsafeandregularaccass forsewagehaulingu'ni"r.',lnaddition,thefollowingconditionsmust be met:- ;. The applicant must demonstrate and guararilee an arangemBnt for hauling sewage; and b.Theapplicantmustmaintainallrecordsincludingbutnot limited io trip logs/reports and landfill receipts; and c. AII sewage iisp-osaf records musl be maintained as public recordstooeavaitabtetotheCountyand/oranyother interested third party upon reques{; and d. The tempot"w f,ouiing must not exceed a cumulative of one (1) Year at an aPProved location' Gerhcld County, Board of County Cornmissiorers AsAdopM _"*lL:,rlH (B)Forsiteswh6repotablewater,ishauledtoandwastewaterishauledout, applicants,urtk*p appropride rec:ords, to be provided to the county upon request to demonstrate't'hat water supplied to a eite ts from an approved source and that wastewatei- is aisposla at an approved facility. For facilities servingtwenty.four(24)peop}eo,,t"'',theoperatormustcondugtmonthly tests (or qr"rt"riv-ir ,n''o[oii. oi*inreJion syl!9q is installed) and maintain records of stoiJ potable water samples "p"t" for,coli form. Any tests indicating cofi fo-ni contamination must be disclosed to the Garfield County Board of nearm-o;6tL;;. Watei sydems serving twenty-five (2Slneontg or more must demonstrate "ontotrati"" to state regulations by obtaining all necessarystatepermitspriortotneschedulingofiSpecialUeePennitfor i"rpotrty Emplbyee Housing public hearing' (c)lnno@seshallunsafewaterbeusedfordrinkingnorshallrawsewageor' used water be discharged on the ground surface' (D)SpecialUsePermitsforTemporaryEmployeeHousingsitesmustberelated to one or ror" *mmerciat, industrial' miniral extrastion or highway operation rocations ano shell be limiteo to a spacing- of at least one (1) mile betwaen temporary employee nou"ing sites, iegardless of land onnership or operator. spe.,iaiuse Permits toti"tipooty FTll.o.yte Houeing for oil and gas extraotion purposes ln tne nesouri" U"nO" (Rl-i zoning district may be exemptedbytheaoccfromtheonemilespacingiftheoperatorGanprove that the norri n g- t:ilil; il "f i"rppottln'g rnf rietrudurc will be sontai ned within the cotorado 01 and ess c#missioi (coGcc) approyed y"lpll and there wilt be no new additionailand dieturLance outside of the COGCC approved nrell pad area. lf tire appiicant is applying !o1 a special use Permit forTempor"wE*pfov"e Housing on an approlgq COGCC well pad' the applicant must provide the relevani"ppto'*A Af?.?"*it indicating housing tocation(s) J;; *idihe applicaiion ior a special Uee Permit for Temporary EmPloYee Housing' (3) The maximum allowable time lengrth of the special use Permit for Temporary Emptoyee norsi,ig'i; ;" irl y"".-r, For good'cause shown, the permit may be renew'd annuattyln a prOii. meeting wth notice by agenda only' Annualrenewal review shall be OLseA on the standards herein as well-as all condiiions of the permit.Apermit,.y-n.'*t"d"nyti,*throughapublichearingcalledupby staff or the Board oicornty commiieionera. By way. of example and not . limitation, continued non-availability of a permanenihousing inventory or the. nature of the csnstruction or extrastion ptiect ma,v. coptitute *good oY:t'i9l renewat. The appticant must provide an'esiimated total cumulative length of time the temporary ;;loG" frorling will be at the proposed location along w1h a statement of intentions to request on",*t pas! the one year expiration date as part of the Speciai Use permit for femporary Employee Housing application' Failure to proviOe a Jtatement of inteni'ion ioi ten!*il will prohibit the Special UsePermittorrempo'arvEmployeeHousingPermitfromfuturercnewal consideration. (4) Temporary housing shall E located at a site authorized by the Board of county Commissioners and identified on tneiJevant site plan su-bmitted with the Special UeePermitrorremporaryernptoyeeHoueing.lnhabitantsofthetemporary Ga rf ield cou ntY, Boerd of ,*'^1'yr3:HlT: o;|"# Page 3 of6 housing shall be applicant's employees andior subcontractors, working on the related oonstruction or mineralextraction operation, and not dependents of employees, guests or otherfamily membem' (5) Temporary employee housing sites s.hatl be maintained in a clean, safe and saniiary cbnOitionl free of ,r"Ldt and refu3e. Any hazardous or noxious materials that must be stored on site for operational or security rea8ons must be managed in accordanca with atl applicable iederal, stde and local'laws and regulations (A) Fire Protection General Requirements: Provisions shall be made for giving alarm in case of ftre. lt shali be the responsibility of the duly authorized . attendant or caretaker to inform all employees about mean8 for summoning fire apparatrr, tft*tft office and resiaeni employees' All fires are subiect to $307';tfre aCiOg lntemational Fire Code (lFC) including brtt not timited to-. permits, attendanoe, open fires, coal grills, fire bens and bon frres' one (1) or more approu"O L*tinguishers of a Ope suitable for.flammable liquid or electricalnres (CfasJn, ClaeE B and Claes C), carbon dioxide or dry chemical, ehall be located in an open station so that it will not be necessary to travEl more than one hundred (1Ob) feet to reach the neerest extinguisher' A water storage tank may be required if Courfi and localflre protection offtcials deem it necessary (B) Bear-proof refuse containere must be provided for trash' At leaet one thirty (30) gallon (4 cubic feet) container snall be provided for each unit or the equiiatent in a centraltiash colkection facility. Said containe(s) must be durable, washable, non-absorberlt 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 attrastion of animals to the teirporary employee housing site are provided. (D) The applicant shall provide a detailed map and GPS coordinates to the Garfield Count/ Siri*fr ffice and the relevant Fire Protection District which is sufficient for emergency response purposes, inoluding location of the temporary empioyee-housing site; privati and public.roadways accessing the site, markea ai s'pen, gatedLndioi loofed; and detailed directions to the site from a maior pinii" rig[t-ot*"y. The map is subje_clto approral by the Garfield County Sherfos Of1ce and relevant Fire Protection District' (6) lf structures, reguiring Building Permits under the Garfield Cognty Building Code' are constructed for tfie commlrcial, industriat, highway prqect or mineral , extraction operation related to the Special Use PLrmit for Temporary Employee Housing, upon expiration or revocation of the permit Certificdes of Occupancy for such structures shall be withheld until the temporary living quarters. are rernoved and the site is restored to the satis{action of the County Building and Planning Director. (7)lfaSpecialUsePermitforTemporaryEmployleHousingisgranted,the' ' applicant shall notfy the county when site'development begins' The applilent. i[lfl verity in writini, by site plbn and through photo documantation that the site' Garfreld Coun$, Boerd of County Commiaslonero AsAdoPted t*"'il:';'ffi watersystem,andBewagedisposal.systemvyeredesigned,installedand inspected in "ccorOano-"ritt', tire saiO'special use. permit and comply with all applicable r"grr"tion., p"*it", and.co-fditions. Allwriften documentation and site plans rrrffvini-"o"Iprance'must ue stamped by a certified colorado Engineer. rne coJn]tv;il;F*:: lhu right to inspest a site, without notice, to asses. comptian} ,ittn t" speciar use Fermit for Temporary Employee Housing. A determination of non"o'pli'nce with 'ny.:ry:i"l Use Permit for Temporary Emptoyee Housing, o,- "oriJition apprwai thereof, is grounds for revocation or rrr-p*nSion of "iiO p"t it, i" accordance with Section $9'01'06' (g) lf there is suitable permanent housing inventory available..in an area near the commerciaf, inOue-ntaf, fiigt*"y pro$d or miniral extraction operation as determined at th;;ilii;n oit" aocc, the speciar use permit for Temporary Employee Housing shall not be granted' (9) No animals ehall be allowed at temporary employee housing sites' (10)lnevaluatingarequqstforaSpeciatUsePermitforTemporaryEmployae Housing,theCountyCommission"o*,yrequirecompliancewithaddttional conditions of approval as may be needeJ to eneure the health, safety and welfare of the Public' (A.81-263) (1 1)The applicant shall submit as part of the speoial uee Permit for Temporary Employee Housing, a reclamation "^Ji"*getalion plan for each specific site addressing arr poiiis in section eleven (11) within this $5.02.21. a. Debris and waste materials, including, but not limited to structures' concrete' footings, sewage disposal systems ino retated infrastrudure, water storage and related distribution infrastructure, roads, and other sand, plastic.'.gravel' pipeandcableshallberemoved.Allpits,cellars,andotherholeswitlbe backfilled ,r roon "r possible after aitequipment is. removed to conform to sunounding tenain. All access toaa= iotii" eite and associated facilities shall be closed, graded and recontou,"c c,t*rts and any other obstructions that were part of ttr"-""c""s road(s) shall be removed. upon closure of a camp facility, uastBrrrrater tanks sr,atr.oe'completely p.umped out and either crushed in place, punctureO and filled wlth inertmateiial or removed' Any waste material pr*p.o-tto* a wastewater tant< or waste debris from tank removal must be disposed of at an ,pprorrd i".ilit, that is permitted by CDPHE andlor Garfield Cour6, toie"tV" "iiO wastes. Materials may not be bumed or buried (oth;; thr" tSdSi on 6.re premises. All distu/oed areas affecfed by temporary employee houeing or subeequent operations..shall be,reclaimed as early and as nearty as practicable to their oriiinal condition and,shall be maintained to control aust, ileeOs and minimize Jrosion. As to crop lands, tf subsidence occurs in such areas additionaltopsoir srrail be added,to the depression and the land shall be r+leveled as clole to its originel contour as practicable' . Rectamation shall occur no later than three (5) months after the Special Use PermittorremporaryEmployeeHousingexplresorisrevokedunlessthe Director or Oesidee'extenOs tne time pitiod because of conditions outside the control of the aPPlicant' b,Allareascompactedbytemporaryemployeehousingandeubsequent Garfield County, Board of County Commissioran AsAdopted **"rro:1rrrff operationsshallbecross-ripped.oncropland,suchcompac'tionallevtation operations shall Oe ,nJ*.t"iln when the soil moisture at the time of ripping is below thirty-five p.r"""itgs%) of field capacity. Ripping shall be undertaken to a depth of eigl.rteen tiel i*"h; unless anC tc ihe extent bed rock ie encountered at a shallower dePth c.Whenatemporaryemployeehousingsiteisremoved,alldisturbedareaswill be restored and revegetated as soon as pr"acticable. Fordisturbed areas not regulated by the cot-raoo oil and cas -C'onservation Commission' the following regulations will aPPIY: (1)Rgvegetationofcroplands'Allsegregatedsoil,h,orizonsremovedfrom crop lands,n"ff U"'r"pfaced to tnEir Jriginal relative.positions and contour, ano snalt ue iitteo adequately io re-establish a proper seedbed' The area shall be treated if necessary and practicable to prevent invasion of undesiraure sp"cLs and noxious weeds, and to control erosion' Any perennialforagecropsthatwerepresentbeforedisturbanceshallbe reestablished. (2)Revegetationofnon.croplands.Allsegregatedsoilhorizonsremoved from non-cr"t;;; "nif Uu replaced-to their original relative positions and contou, I" n*"i as practlcable to achieve erosion control and long- term stabitity,rnJ tr,"tt Ue titteO adequately in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season. neseJing with species consistent with the adjacent plant communityisencouraged.lntheabsenceofanagreemerrtbetweenthe applicant ano itre affeied surface owner as to what seed mix should be used, the appf-ical snall consult with a representative of the local soil conservation-district to detennine the proper seed mix to use in revegetating the disturbed area' d. During occupation and reclamation operations, all disturbed arBas shallbe kept free of Garfiefi county and state of colorado List A and B noxious weeds. e. gucoessful reclamation of the site and access road will be considered completed when: (1) On crop land, reclamation has bgen performed.as per ,,|11?1!-oj^tlj:^ . , section, and observation by the Director or designee over two growtng sBaaons nas lnoicated no signifi cant unrestored subsidence. (2)Onnon-cropland,reclamationhasbeenperformed.3sperll(c)(2)ofthis section, ano tne total cover of live perennial vegetation, excluding noxious weeds, provides sufficient soils erosion control as determined by the Director tnroush , ,i"rrr appraisal. The Direclor or designee shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed tanA, not including overstory oitree canopy cover' having similar soils, slope and aspect of the reclaimed area' (3)AfinalreclamationinspectionhasbeencompletedbytheDirectoror Garfield County, Board of County Commissioneo As Adoptod **-il:t;'"tff designee, there are no outstanding compliance.issues relating to Garfield Couity rules, regulations, orders or permit conditions., and the Director or designee has nitified the applicant that final reclamation has been approved. f. specificatly as to revegetation, the applicant shall provide Eecurity for dvlgetation of disturbed areas in amount and in accordance with a plan apprirea by the Garfield County Vegetation Management Department' The- . slturity snitt Ue nefJ UV Garfieli Colrnty until vegeftiontras been successfully reestablished accordini to tft" standards in the Garfield County Vegetation Management Plan adoited by resolution No' 2002-94, as amended' g. specifically as to reclamation, the appiicant shall provide security for - reclamation of disturbed areas in amount and in accordance with a plan approveo by the Garfreld county Planning Department. The, security shall be ["fA O/C.rfield County until reclamation has been successfully completed per Section 11 within this $5'02.21. Minor Temporary Employee Housing Regulalions Zoning Resolution ot r si8 "i hmendeb' Section 5'0'z 22D$f;? Minor Temporary Employee Housing Facilities ("Minor Permit"): (1) Minor Temporary Employee lo'.t]ng Facilities'.1n,,th" nature of manufactured homes [as definJd under"C.R .5. +Z'-i-lOi if OO) (b)] and/or recreational vehicles [as defined unoeic.n.s.42-1-102 (6i;;th ifu iiloilion that such truck', truck tractor, motor home or camper traiteiis'neing used for temporary living quarters and not recreational purposest, nr"'v J"-gru;t"o l-r11use approval for projects related to commercial, industrial and min'eral extraction operations in any Zone District by the Building and ptanni"s o"of1re1t D,e3tor (Director), through the Minor permit pro."..] such housin"g shall be of a temporary nature, and at the expiration o' otn", t"rmination of tne'fi,'inoi F"t'it' all structuies' foundations and associated infrastructure shall o" "o*pi"1.ly ,"ror"d- such facilities are subject to att appticabte requirements ot OJJiSJ C6unty building and fire codes (building code, fire code), state and federal peimits and rblevant fire protection districts' Minor permits shall have all of the following basic characteristics: A.TheMinorTemporaryEmployeeHousingFacilityandanyassociated infrastructures (,,Minor -iJcil'ivti"s)") mrJst be completely contained withinastateorfederally_p"i,itt6oP^1':|(suchasaColoradooil and Gas Conservation ^co,*ission (CoGCC) approved oil/gas well pad) in which reclarnatiJn *o r"u,igetation are secured with the p"rritting agency (Per:mitted Site); and' B. The Minor FacilitY is located at cumulative of one (1) Year; and, the .Permitted Site for less than a C.TheMinorFacilityhousestwenty-four(24)orfewerindividualsatany one given time' ave the three characteristics Ternpbrary iemployee'housing facilities that do not h .listedabove,i.e-.,23orrnorerndividualsatanyonetime,onlocationformore ,than a cumulative.oi 9ne f t Veaior noi to'npf itely contained within a Permitted Site, i.e. "Major Facilities", are subject to ^the .special use review process and standards and requir'ements .ontrin"O in Section 5'02'21 and the enforcement [t*"iou" of Section 12 and Section 9'01'06' (2) General Minor Permit Application Requirements: The Applicant shall submit an applicatton, in' , form'proviOeO Oi if..le Building and Planning Department (DepartmentianJ n" isrllo a Minor'Permit by the Director prior to commenctng installation of the Minor Facility' A.MinorPermitandAreaWideDevelopmentPlan(AWDP):EachMinor FacilityapplicationihallbereviewedbytheDirectorandan administrativedeterminutionmade,inaccordancewiththeprocess and timeframes ouflin"J in s".tion 5, below. The Applicant, however' may choos" ,o "ppi!"tot -un AWf P ,consisting of multiple Minor Facilities to be deveroieJ*itnin an identified amount of time, using an accelerated aominisirliJ" pro.".r, following approval of an AWDP, T:\dpesnichakv-andUse2007\TextAmendments\'EssentialPersonnel\DRAFT-Section5-02-22Minor Temporary Employee Housing 41-31-2001 'doc 8t212001Page 1 5.02.22 - zoninsReso*llffi Ii[rT::i;TXi""f "t:'"'HITX':8iil![ DRAFT leadingtomultipleMinorPermits.ApprovalofanAWDP,however, does not guarantee approval of each Minor Permit' Administrative review is rlquired for permitting of each Minor Facility, in accordance with the process and timelines contained in Section 5, below' B. ldentity of Applicant. The Applicant for a Minor Permit or for approval of an AWDp must be the owner of the surface estate of the subject lot (owner), consistent with section 9 of this Zoning Resolution' lf a ,"p,"'"nt,tiveisactingonbehalfoftheowner,anacknowledgement from the Owner shall" be included with the application submittals requiredbySection4,below.Suchanacknowledgmentlul-b"inthe form of a l'etter of authorityiagency or a lease, surface use agreement or similar document of legallttect demonstrating that.the Owner has giventherepresentativepermissrgn]o.use.thesurface-estatefor installation of one or more Minor Facilities. The representative may oetr,eoperatoroftheMinorFacility(ies)(operator),'alanduse planner,engineer,consultantoranyothertypeofauthorized rePresentative/ag ent. C. public Notice: At the time of subr,nittal of an application for a Minor p"irit or approval of an AWDP, the Applicant shall demonstrate that notice was mailed to adjacent property'owners within 200 feet of the "rOf".t lot, as identified in the Garfield County Assessor's Records; thebwner (unless the Owner is the Applicant and is not represented); and separaied mineral estate owners, as identified in the records of the Garfield County Clerk and Recorder. Public Notice shall include at a minimum: name of the Applicant and representative (if different), deicription/map of the subject lot with proposed. l-ocation of Minor racilitv(iu"), general description of the proposed Minor Facility(ies), explanation 6t tne reconsideration process, outlined in Section 6' Oeiow, w1h the timeframe to request reconsideration of the Director's decisionandcontactinformationfortheDepartment. D. The application must also include the submittals required by Section 3 and 4, below' (3) submittal Requirements for an AWDP: At a minimum, the Applicant for approval of an AWDP, along with the submittals listed in Section 2, above, shall submit: A. A master map/site plan in accordance with section 4(H), below, identifying the proposed location and anticipated layout-for all Minor Facilitres to be installed within the AWDP. Site specific, surveyed n1up. depicting the location of each Minor Facility, located within the permitted SitJ within the subject lot, shall be submitted with each individual Minor Permit application and not with the application for aPProval of an AWDP. B. The master map/site plan shall include a list of the anticipated dates of installation and removal for each Minor Facility. The list shall also T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Temporary Employee Housing 41-?1-2001 'doc 8t2/2007Page 2 Minor Temporary Employee Housing Hegulations Zoning Flesolution of 1978 as Amended, Sectron 5 02 22D$? include the estimated total cumulative length of time (number of days) that the Minor Facilities are anticipated to be installed at the proposed location. C. Sign-offs from the Garfield County Sherriff's Office, relevant fire pritection district(s), and GarJield County Building Department consistent with Section 44 and B, below' D. A legible photo of the state or federal "ceftifying stamp".for each housing unit anticipated to be used within the AWDP and demonltration that each proposed unit meets current building code and Garfield County fire code requirements' E. A general description of infrastructure and :services. listed in Section (4iC - E, below, The detail required at the time of application for a Minor permit is not required at the time of application for approval of an AWDP. F. Proof that required public notieing has been performed in accordance with Section 2(C) above. AssumingapprovaloftheAWDP,following.t|:timeframefor reconsideration detailed in section (6) below. The Applicant may proceed to submit individual applicationsJoi tne Minor.Facilities proposed within the AWDp, in accordance with the submittal requirements, standards, administrative review process and timeframes and the reconsideration processandtimeframes,statedinSections4-7'below' (4)Submittals for Minor Permit, including Minor Permit application for which an AWDP was PreviouslY aPProved: A. Sign-offs: review from the Garfield county sheriff's office and [ierant fire protection district(s). lf an AWDP was previously . aPproveo in accordance with Section (3), above, the Applicant for a Minor Permit need not resubmit the sign-offs' ,8. Sign-off: review {rom the Garfield county Building Department of the site or,federal "ceftifying stamp" for each housing unit proposed for use-and demonstration tnat each proposed housing unitmeets current buildingcodeandfirecoderequirements.lfanAWDPhasbeen previoJsly approved which includes the Minor Facility presently being permitted, the Applicant shall identify the housing units which will be used at the Minor Facility from the list approved as apart of the AWDP, C. General description of the water system planned for- potable water, along with deiails regarding number and volume of potable water tanki, source of water, name of hauler, hauler's Colorado Department of public Health and Environment (CDPHE) registration number and T:\dpesnichakU-and Use 2007\Texr Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Temporary Employee Housing 4 7-31-2007 .doc Page 3 8t2/2007 zoninsnesorllff :lirTr":Xi:TXJ""f ".::,[1TXr:8{il![ DRAFT copy of hauler's CDPHE certification, frequency of detivery' and calculation of water demand and demonstration of adequate capacity' A general description of the system planned for collection and storage of sewage and wasie*ui"i, utong with details regarding number and volume of sewage and wastewater vaults' name of hauler' frequency oi pi.Lrp, iOentifLation of sewage disposal site' calculation of sewage and wastewater treatment deriand and demonstration of adequate storage and/or treatment capacity' A general description of the system planne-d for.collection and disposalofrefuse,"rongwithdetailsregardingrefusecollection, including number, iyp. u"no volume of containers; name of hauler; treqr"nly of collection; ano identification of refuse disposal site. A list of adjacent sudace owners within 200 feet of the sublect lot (not only the permittJ - Site), as identified in the Garfield county Assessor'srecords,andalistofseparatedmineralestateownersin thesubjectlot,as-identifiedintneGarfieldCountyClerkand Recorders records. D. E. F. G. A list of the final dates of installation and removal of the Minor Facility ,nJul"prlsentation oiin.l"trr cumulative length of time (number of days) that the Minor ra.iiit1, willbe installed at the proposed location' H.SitePlan:TheApplicantshallsu'bmitanadequatesiteplan, consistent with section b-or.or of this Zoning Resolution and the requirements listed below: i. A vicinity map indicating th.e section' township' and range oi ir.," ilo;"t ioi "no t-he location of Minor Facilitv within I,ul,l,tlm:'ff#Tlll,",i"'','i;o1l"i;??J:"Til'ii;il;;, ';sidential development, other actively permitted Minorand_HltaiorFacilities,naturaldrainagecoursesand i*iiitv,-""rtn arrow and scale; GPS coordhates and , ,, ;;;;t'"u,tr"" ownersnip of the subject lot. .The vicinity ;;;;;llo"-pt"t"ntedonatl!.os7'5'minuteseries ;dd;il]"-at a scate of 1"=2000' or equivalent' with a topograp-hy depicted at a minimum of 5' intervals' ii'surveyedlayoutoftheproposedMinorFacilitywithinthe surveyed OoLndaries of the Permitted Site' including at a minimum:--tl*,g" and wastewater disposal' trash receptacles, potable water storage' all other, associated infrastructuie'ano all other equipment located within the Permitted Site. iii'ldentificationoftheprivateandpublicroadwaysaccessing T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonneI\DRAFT - Section -5-02-22 Minor Temporary Employee Housing 41-31-2001 'doc Page 4 812/2001 Minor Temporary Employee Housing Regulations Zoning Resolution of f SzA as Amende'd' Section 5'0'? 22,$f,? each Minor Facility' Roadways shall be marked as open' gated, anoloi iocf<eO (incljde combinations)' Detailed directions, *ith *it"'ge, shall be given from the nearest town to each Minor Fatility, along each roadway' iv. Name, address and phone number of sudace owner of the subject lot. v. Name, address and phone number' including a 24-hour emergency response number of at least two persons responsible for' Operator's emergency fi:l-d^ operations; contact numbers for local hospitals' emerg-ency-response' fire protection Oi.t,icts, Gar{ield County S!"-tl|': Office' Life/Care ffignt, and applicable regulatory.agencies; site safetyievacrltion plan; and any. other ryl]lt-":,.t"tponse plan ior potential emergencies at the Permitted Slte' removalvi.ldentificationof.thefinaldatesofinstallation.and of the Minoi iacility." The siteplan sh.all include a notation of the total cumulative {ength of time (number of days) that the Minor Facility will be inltatteo at the Permitted site. t'Thename,title,address,phonenumberandemailaddressofthe operator,s employee , 'oit "r authorized .representative who is in cnar$-oi ensuring tl.rat tre Minor Facility is in compliance with the standards outlined in settion s.oz.22 ("operator's compliance office/')' J.Aform,providedbytheDeparlment?.ndsignedby...tle.Operator's C"*piir"L" Offi."r, inOicatrng'that-the Minor Facility will be installed in ,rrolJrn"" *iin all ,ppfl""OL GarJield County, state and federal regulations' K'Aform,providedbytheDepartmentandsignedbythe.operator's c"rpiil.,L" otii."r, inJicating thai the oferator . submits to the "ntoi."*"nt provisions identified within section (8), below. L.AcopyofthepermitfromtheStateorfederalagency,regulatingthe permitted Site, ideniltying tne location, conditions of approval, time period for which tne pJrm"it is valid and the parameters for reclamation and revegetation of the Minor Facility once the state or federal permit forthePe"rmittedSitehasexpiredorisotherwiseterminated. (5) Timeframe of Review and Administrative Determination: A.Uponsubmittalofanapplicationfor.aMinorPermitorforapprovalofan AWDP to the oepartLient, a technical compliance check shall be completed and noiice of compliance or non-compliance sent to the Applicant by the Director wiinln iourteen (14) calendar days of, submittal' once an application for a Minor Permit or AWDP is deemed technically compliant by the oirector, ihe Director shall issue a determination of T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Temporary Employee Housing 41-31-2001 'doc 8/212007Page 5 zoninsnesorllffi lifr'J::i:Tfj""'.:?3ffi1'St:8i?,Ii:l,j DRAFT approval, approval with conditions or denial within foufteen (14) calendar days following the date of technical compliance determination. Failure by the Planning Director to meet the specified timeline shall render the application approved. B. lf the Director finds in reviewing an application that the application meets the standards set forth in this Zoning Resolution, the Director shall approve the application for a Minor Permit and issue the Minor Permit to the Owner of the subject lot or approve the application for approval of an AWDP. C. lf the Director finds that the application does not meet an applicable standard or standards, the application .may be approved with appropriate reasonable conditions imposed to avoid or minimize the significant adverse impacts of the Minor Facility(ies). Such conditions may include, but are not necessarily limited to, the relocation or modification of proposed access roads, facilities (including water and sewer facilities), or structures; landscaping, buffering, or screening; or any other measures necessary to mitigate any significant impact on surrounding properties and inf rastructure. D. lf the Director finds that the application does not meet an applicable standard or standards,and that the non-compliance cannot be mitigated through a condition(s) ,of approval, the Drrector shall deny the Minor Permit or application for approval'of an AWDP. (6) Reconsideration Hearing: Once the Director issues a determination on the application the determination shall not be final for fourteen (14) calendar days after the date of the determination in order to allow time for the applicant, adjacent property owners within 2OO' of the subject lot, the Owner(s), subject lot separated mineral estate owners, andlor the Board of County Commissioners (BOGC) to reconsider the determination made by the Director. 'The Director's determination shall become final only after the expiration of this fourteen (14) calendar day,period, and only if the determination is not reviewed and acted upon by the BOCC at a subsequent reconsideration hearing. A. Requestrby Applicant or Adjacent Property Owner for Reconsideration of Decision. i. Written Request. The Applicant (and the Owner, if the Owner is represented as detailed in (2)(B), above), an adjacent property owner within 200' of the subject lot, aggrieved by the Director's decision may request reconsideration by the BOCC by means of a written request filed with the Department within the fourteen (14) day period of time. ii. Schedule Public Hearing. A public hearing by the BOCC shall be held at the next available BOCC's regularly scheduled meeting date in which all required prior public noticing can take place (Reconsideration Hearing). T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section -5-02-22 Minor Temporary Employee Housing 4 7-31-2007 .doc Page 6 8/2/2007 Minor Temporary Employee-Housing Fegulations Zoning Resoluiion ot rsze "i'nrn"nO"b' Section s'o"'zD$f;/+ iii. Notice by Publication' At least thirty (30) calendar d:f"ll.lito the date of the schedureo nu"on"ideration Hearing, the aggrieved party sha. have pubtished ; ;;ii;;;] public heariig in a newspaper of g""l*i circulation in il-.|" "i", in which the proposed Minor Facility or AWDP is located' iv. Notice to Adjacent property owners.-At least thirty (30) calendar days prior to the outu oitll ]cnlouteo Reconsideration Hearing' the aggrieved party ,n"ji .'"no ov certified mail, return receipt requested,awrittenn*oti""otthepublichearingtotheownersof recordofalladja."n.'p.p",.ywithin200,ofthesubjectlot.The noticeshallincluo"'u',iJniiymaq,thelegal{lsc.1lptionofthe subject lot, a shorr n"ir"iJ" Jl."tiding the Minor Facility or AWDP' andanannounce,lniofthedate,timeandlocationofthe scheduled Reconsideration Hearing' v'BoCCDecision'TheBOCCshallconducttheReconsideration Hearingand,basedupontrreevidencereceivedatthehearing,the Board may upholo tn[-oii".tort decision, modify the decision or reverse the decision,'tr*Jrpon compliance of the proposed Minor Facility or AWDP *[n-in" iegulations contained in this Zoning nltoii'tlon and' specifically' Section 5'02'22' hin fourteen,(14) calendar days-o] the date of receipt of notice ot ti'.|e' o][.ioi;r'decision, the BOCC may at its discretion, decide ,o rJ"*"ioer the Director's decision at the next regularty scheduted ,""#;';iinl -aocc for which proper notice of heiring-can be accomPlished' i.call-upVote.TheBoccsha.llconsiderthecall-uprequest,byone ormoreCommissiorrers,atthenextreqularmeetingoftheBocC and set a pubtic r,""iing'ov , ."jority v6te of the BOC. in favor of the'Beconsideration Hearing' nfiTHTril!",xJi:ili]T:{;pllru"iilil}lT':no'?'; newspape, of g"n"i"i.irlriution in the area in which the proposed Minoi FacilitY or AWDP is located' iii'NoticetoAdjacentPropertyowners.Atleastthirty(30)calendar days prior to the ort" oiin" scheduled Reconsideration Hearing, the Director shatt seni"o"v l"rtiti"d mail, return receipt requested, a writtennoticeofthe-publrchearingtotheownersofrecordofall adjacent property *it[' 200' of the subject lot' The notice shall include a vicinity ,"p, ih"l"gal descrrption oi the subject lot' a short narrative oescrioiii 'tti" -"Minor Permit or AWDP' and an announcement of tie date, time and location of the scheduled Reconsideration Hearing' T:\dpesnichak\LandUse2007\TextAmendments\EssentialPersonnel\DRAFT-Section5-02-22Minor Temporary Employee Housing 41-31-2001 'doc Page 7 812t2007 Minor Temporary Employee Housing Regulations Zoning Resoluiion of 1978 as Amended, Section 5.02.22 (New) DRAFT iv. Decision by BOCC. The BOCC shall conduct the Reconsideration Hearing and, based upon the evidence received at the hearing, the Board may uphold the Director's decision, modify the decision or reverse the decision, based upon compliance of the proposed Minor Facility or AWDP with the regulations contained in this Zoning Resolution and, specifically, Section 5.02.22. (7) The Minor Facility shall adhere to the following Minor Permit standards: A. Minor Facilities must comply with all applicable:iederal, state and local laws and regulations. B. Operator must keep and maintain appropriatelecords, to be provided to the County or any interested third party upon request, to demonstrate that potable water supplied and sewage and wastewater meet the representations contained within the application, as required by Section (C) and (D) above. C. ln no case shall unsafe water ,,be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. The operator shall conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form bacteria. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of ff,l1r;3: L?glr" within 72 hours from the time the contaminated D. Minor Facilities shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored at the Minor Facility for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. E. At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be provided for each manufactured home or recreational vehicle unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. F. Refuse shall be disposed of weekly, at a minimum. Operators must keep appropriate records, to be provided to the County or any interested third pafty upon request, to demonstrate that refuse is collected in a timely fashion and disposed of at a licensed facility. G. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Minor Facility are provided. H. Manufactured home or recreational vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system, andlor alarm system shall be inspected, tested, and maintained in T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Temporary Employee Housing 4 7 -31-2001 .doc Page 8 8/2/2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amende-d' Section 5 O"'?D$? accordanceWith2oo3lFcsgol'4ands901'6andaSrequiredbythe relevant fire protection oistiict(s). Smoke alarms and manual fire alarmsystemsshallbeinstalled,inspectedandmaintainedinallother manufactured home or recieational vehicle units in accordance with 2003 lnternational rire Code (lFC) 5907.2.9 and 5907.2'10 and the ,"qu-i,ementsoftherelevantfireprotectiondistricts' l'Single-stationcarbonmonoxidealarmsshallbeplacedineach maiufacturedhomeorrecreationalvehicleunit. J.one(1)ormoreapprovedfireextinguisher(s)ofatype'suitablefor flammableliquids,comoustiotemate-rialsandelectricalfires(Class ABC), carbon dioxide ;;-;;t chemica[, shall be located in each manufactured home or recieational vehicle unit and placed in accordance with applicable codes' K'lnhabitantsoftheMinorFacilityshallbeApplicant,semployeesand/or ,rU;nlr".tor", wort<ing * in" retated commercial, industrial or mineral extraction ope"ration, and not dependents of employees, guests or other familY members' L.Withinl0daysfollowingtheexpirationorotherterminationofthe Minor permit o,. ,"p*"Eni"o out" of removal identified within the Minor permit, all r'orrlng-l;tructures, foundations and associated infrastructure shall oe clompletely removed. The operator shall provide the oepurt*Int- witn photo:, dated and signed by the operatorlsComplianceofficer,indicatingthatallhousing^structures, foundations and ,rro"iut"J lnirastructuie nas been removed within the sPecified timeframe' M,Nodomesticanimals'areallowedataMinorFacility' ' *. Each Minor Facility shail have at reast one (1)water.storage tanll]I ;;,",,;;' ; $;;kil iyitlrr (if applicable) and wird rand fire Protection' o.Allemergencysituationsrequiringactionbyanygovernmentagency o;'*l" oi[iecttn district shali be documented in writing and presented to the Planning o"pu,t,"nt and Garlield County Sheriff's otfice within 24 hours of the occurrence' P'AllrequiredAccessPermitssha|lbeobtainedfromtheGarJield CountyRoadandBridgeDepartmentortheColoradoDepartmentof TransPortation' Q. The Garlield county sheriff's office and relevant fire protection district(s) must be nltiti"Jut least z+ hours prior to installation and removal of each Hrr,noi racility. The Department shall be copied on all such notification, whether hard copy or electronic' T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section -5-02-22 Minor Temporary Employee Housing 4 7-31-2001 'doc Page 9 81212001 B. Minor Temporary Employee Housing neqytg'fionl Zoning Resolutiotioiisis "t Rmendeb' Section 5'0'? 2eS? R. Wastewater DisPosal: i.Vau|tSystem:AllvaultSystemsshallbedesignedandinstalled toaccommodatethemaximumnumberofpersons'identified withintheMinorPermitapplication,WhowillinhabittheMinor Facility. tn uJOition, all vauli systems shall.be, equipped with an ovedlow alarm device. Vauli systems shall. be designed to accommodate a minimum of 75 gallons of wastewater per person p"i J"V' lf a vault system is proposed or has been approved, the ApplicanVOperator must: a. Demonstrate that year-round vehicular and maintained for safe and regular hauling vehicles. b. Provide a copy of the contract for hauling sewage' c. Maintain all sewage disposal records including but not timited to trip i"giL6rt'. and tandfill receipts as public records, availablJto the county and/or any other interested third PartY uPon request' rdividual Sewage Disposal System (ISDS): .lf ."n ,ISDS is proposed or has b;;'Lpp'o'"d' . thun it shall be designed' installed and operat"oi, i[!"*modate the maximum number of p"r"on" who will inrralli-tre Minor Facilitv and shall otherwise be o[eiateO in accorOarile'*iin tni GarJield bounty ISDS regulations '#;;;;;;;J' eocc Resolution Number'1 ee4H-1 36' (8) Enforcement: access is available access for sewage Procedures:ViolationsofSectionS'02'22aresubjecttoSectionl2 and section g.01"oo oitnL Zoning Resolution and the procedures contained in this Section (B)' lnspection:TheBOCCreservestherighttoinspectanyMinorFacility, rincluding structurei and infrastructure and any other related imprwements, ani/o, iequired documentation related to the Minor Facility, through its authorized representative(s)' to determine if such are in compliance -*th tr.,i' Zoning Resolution and, specifically, Section5.O2.O2;thebuildingcodeandfirecode;andspecific conditions of the frrfinor Permit.-Such authortzed representative(s) may inspect tsDS systems under the county ISDS regulafioll (adopted by BOCC Resolution 1994H-136). Any oificial per{orming an inspection shallabidebyallrawsotsearchandseizure,aSsetforthbyfederal and state statutorl'uno "on.titutional provisions,. i1..rg."t"ing the Minor Facility, the Feimitted site and the subject lot. Visits to a Minor Facilitybyafirep,ot".tiondistrictortheGarfieldCountySheriff,s Office will be reported to the Director' T:\dpesnichak\LandUse2007\TextAmendments\EssentialPersonnel\DRAFT-Section5-02-22Minor Temporary Employee Housing 4 7 -31-200'7 'doc Page l0 81212007 A, Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5 02'22 (New) DRAFT Permit Revocation: All enforcement actions run with Minor Permits for individual Minor Facilities and are not applied to AWDP's. li it is found, consistent with the procedure identified in Section 9.01.06, that the permitted Minor Faciiity was not installed in conformance with or is out of conformance withr any of the standards established in this Resolution, applicable building and/or fire codes or specific conditions of the Minor Fermit, the Minor Permit may be Suspended or revoked by the Bocc. The BOCC may also suspend or revoke the Minor P'ermit upon notice from a State orfederal agency or a.fire protection district that said agency or district has determined that the Minor Facility is out of compliance with that agencyls or district's.regulations' lf a Minor Permit is revoked, the previously permitted Minor Facility shall be immediately vacated and any installed structures and infrastructure shall beremoved within the fourteen (14) calendar days following the date of revocation. Proof of removalshall be provided to the Builling and Planning Department by 5:00 PM on- the fourteenth (14) caleniar day. SuJh ,proof shall be 1n the_f-orm of photo documentation signed and dated by the compliance officer. Effect of a Revoked Permit: A revoked Minor Permit shall not be renewed, and a request for approval of a Minor Facility at the same location shall be processed as a new application. Liability: Owner of the subject lot and the Operator of the Minor Facility are each individually responsible for compliance with the regulations contained in this Zoning Resolution and, specifically, Section 5.02.22. Three (3) Revoked Permits: Upon revocation of three .(3) Milgl Permits, ifre BuitOing and Planning Director shall refer the fourth (4"') and all future Minor Permit applications by the offending Operator to the Bocc. The Bocc shall review such applications as a request for a special use Permit, in accordance with the Major Facility reguiations contained in Section 5.02.21of this Zoning Resolution. The offending Operator may be allowed to submit future applications for Minor Permits for review and approval by the administrative process contained in Section 5.02.22, rather than review in accordance with the Special Use Permit process contained in Section 5.02.21, upon the written request of the operator and only at the BOCC's sole discretion. D. F. E. G. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Temporary Employee Housing 4 7-?1-2007.doc Page 1 I 8/2/2001 Major Temporary Employee Housing Regulaiions Zoning Resolution oi 1978 as Amended, Section 5'02'21 DRAFT 5.02.21 Special Use Permits for Major Temporary Employee Housing Facilities ("Major Permit"): (1) At times of severe housing shortage, extremely remote locations or other emergency conditions, spectal use fermits for Major Temporary Employee Housing Facilities in the nature of manufactured homes [as defined under C'R'S' 42-1-1OZ lf OOy (b)l and/or recreational vehicles [as defined under C.R.S.42-1- 102 (61), with'te'-aooitiOn 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_ r'elated to, commercial, industrial, mineral extiaction or highway operations of substantial size in any zone district by the County Comhisstoners through the special use permit process. Such 'housing shall be of a temporary nature' At the expiration of the permit, the lands shail be restored and all housing structures and associated infrastructure shall be removed. Review of the permit shall be subject to $9.03 and gb.03 of the GarJield County Zoning Regulations of 1978 as Amended. All Spec'ial Use Permits for Ceniralized Employee Housing/Major, Temporary Employee Housing Facilities is subject to all applicable building code,, state and federai permit ,"{rir"r"nts, fire protection district requirements and fire code requirements. Major Temporary Employee Housing Facilities shall have at least one of the following basic characteristics: (2) A.TheMajorTemporaryEmployee-Hor..r.singFacilitiesg'.?ny associated infrastr.ucture (including ISDS) ("Major Facility(ies)) is not completely contained within a state or Federally regulated parcel (such- as a Colorado Oil and Gas Conservation Commission(CoGCC)approvedoil/gaswellpad)inwhich ,reclamation and revegetation standards are guaranteed by contract with the permitting agency; or, B, The Major Facilities are to be located at the permitted site for more than a cumulative of one (1) year; or, c. The Major Facilities are to house twenty-five (25) or more individuals at anY one given time' Temporary Employee Housing Facilities housing Z5 or.fewer individuals at any on" iir"n"time,'wiil be on locition for less than a cumulative of one (1)year and are Jompletely contained within a state or federally permitted parcel (i'e. "Minor Facilities") ar-e subject to the administrative review process and standards contained in section 5.02.22 and the enforcement provisions of section'12 and Section 9.01.06. Special Use Permits for Major Facilities: The applicant shall submit an adequate site plan, consistent with Section 9.01.01 and including proposed water supply' proposed method of sewage treatment and names and addresses of adjacent property owners. (A) Water and wastewater systems proposed to service Major Facilities must comply with all applicable state and local laws and regulations. ln addition, all (3) David Pesnichak Page I 8/1/2001 ," ", " x#3i J,isx??y, 5 :$ffi :ff : !:.ff: i :l# ? sewage must be disposed of..on-site using an lndividual sewage Disposal System (ISDS) unless the applicant can prove: l.That,atthediscretionoftheGarfieldCountyBoardotHealth,an lsDSsystem-isnotfeasibleduetoenvironmental,topographicor engineering conditions where t[e-temporary housing is to be located; or 2,That,atthediscretionoftheGarfieldCountyBoardofHealth,year. roundaccessisavailableandmaintainedforsafeandregularaccess for sewage hauling vehicles. in addition, the following conditions must be met: a. The applicant must demonstrate and guarantee an "rrrng"r"nt for hauling sew.age;. and b. The applicant musi ,Lirtrin-all records including but not li;it; to trip logsireports and landfill receipts; and. c. All sewage oisposai iecoros must be maintained as public records to be uruitunt" to the County and/or any other interesteO third party upon request; and d.inLi.*po,"ryho,iingmustnotexc'eedacumulativeofone (1) year at an approved location; and' e. iilJ; t*.ititi"i'"nril be designed to accommodate 75 g"tton. of wastewater per person per day' (B)Forsiteswherepotablewater.ishauledtoandwastewaterishauledout, applicantsmustkeepappropriaterecords,tobeprovidedtotheCountyupon request to demonstrate that *x.i *ppil"d to a site is from an approved source and thai ;;i;;Cr l" oirpnjded of "t.3n approved racilitv' For facilitiesservingtwenty-four(e+)peopleorlgss,.theoperatgtl''tt"t?nduct monthly tests (or quarterly if an on-siie disinfection system is installed) and maintain records of stored,potable *utur samples specific for coli form' Any tests indicatingloii lorm cont"*inution ,,"i b" disclosed to the Gadield county Board of Health or designee. water systems serving twenty-five (25) people o, *or" ;;"i demonitrate conformance to state regulations by obtaining atl necessary state p"rtn'i. prior to the scheduling of a Special Use Permit f5r a Major Permit public hearing' (C) ln no case shall unsafe water be u-se-{fo1-*'*'ng nor shall raw sewage or used water be discharged on the ground surface' (D)SpecialUsePermitsforMajorFacilitiesmustberelatedtooneormore commercial,industrial,mineralextractionorhighwayoperation.locattons.,and shall be limited to*a.p".,ng of at least one (limile-between Major Facilities' regardless of land ownership or op"irtor. 'special use Permits for Major Temporary Employee Housing facitities for oil and gas extraction purposes in the Resour.. i;;a;1ni) zoriing oiitiict may be exempted bv the Bocc from the one mile spacing if the opu,uto,.un p'ou" that th.e housing structures and all supporting lniiusiructure will O" "ontrined within the Colorado Oil and Gas Commission(CoGCC)approvedwettpaoandtherewillbenonewadditional land disturbance outside of the COICC approved well pad area' lf the applicantisapplyingforaSpecialUsePermitforMajorFacilitiesonan 8t112001 David Pesnichak Page 2 ." ",,. #?3i, J*ifi T'?y, 5 :s'i[x". [J:!3.ffi :'.1Tl i DBAFT approved coGCC well pad, the applicant must provide the relevant approved Reo p"rrnit indicating housing location(s) along with the application for a Special Use Permit for Major Facilities' (4) The maximum allowable time length of the special Use Permit for Major Temporary Employee Housing Faciliiies is one (1)year' For good cause shown, the permit may Oe renewed innually in a public meeting with notice by agenda only. Annual renewal review shall be based on the standards herein as well as all conditions of the permit. A permit may be revoked- anytime through a public hearing called ,p'Oy staff or the Board of County Commissioners' By way of "rrrpi" and noi limitation, continued non-availability of , P"Tllenllousing inveniory or the nature of the construction or extraction p;oject may constitute ,.good cause', for renewal. The applicant ,.,'t..,provide an estimated total cumulative length of time the Major Facility(ies) will be at the proposed location along with a statement of intentions to request renewal past the one year expir-ation date ai part of the Special Use Permit for Major Facilities application' Failure to provide a statement of intention for renewal will prohibit the special Use Permiifor a Major Facility(ies) from future renewal consideration' (5) Temporary housing shall be located at a site authorized by the Board of County Commissioners and identified on the relevant site ptan submitted with the Special use Permit for a Major Facility(ies). lnhabitants of the Major Facility shall be applicant's employees and/or subcontractors, working on the related construction or mineral extraciion operation, and not dependents of employees, guests or other familY members. (6) Major Facilities shall be maintained in a clean, safe and sanitary condition' free of weeds and refuie. Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with all applicablefederal,stateand|ocallawsandregulations' (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 tii" "pprirtus, sheriff's office and resident employees. All fires are subject to S3OT of the 2003 lnternational Fire Code (lFC) including but not limited to [ermits, attendance, open fires, coal grills, fire bans and bon fires' One (1)or more approved extinguishers of i type suitable for flammable liquid, combustible materials or electrical fires (Class A, Class B and Class C), or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. A water storage tank shall be required to provide water to the sprinkler system and initial suppression activities' The size of the water tank shall be determined based on sprinkler calculations and initial suppression demands. (B) Wildlife-proof refuse containers must be provided for trash' At least one thirty (30) galion (4 cubic feet) container shall be provided for each unit or the equivilent in a central trash collection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids' Refuse shall be disposed on not less than once weekly' Page 3 8/112007David Pesnichak Malor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended' Section 5'02'21 DRAFT (C) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Major Facility(ies) site are provided' (D) The applicant shall provide a detailed map and GPS coordinates to the Garfield County Sheriif's Office and the relevant Fire Protection District which is sufficient for emergency response purposes, lncluding location of the Major Temporary Eniployee Housing Facilities site; private and public roadways acces;ing the -site, marked aS open, gated and/or locked; and detailed directions to the site from a major public right-of-way T.h" map is subject to approval by the Garfield Couniy Sheriff's Office and relevant Fire Protection District' (7) lf structures, requiring Building Permits under the Gar{ield County Building Code' are constructed for the commercial, industrial, highway project or. mineral extraction operation related to the Special Use Permit for Major Facilities upon expiration or revocation of the permit Certificates of Occupancy for such structures shall be withheld until the temporary living quarters are removed and the site is restored to the satisfaction of the County Building and Planning Director. (B) lf a Special Use Permit for Major Facilities is granted, the applicant shall notify the ' ' corniy when site Jevelopmeni begins. The applicant shall verify in writing' by site plan ind through photo'documentation that the site, water system, and sewage disposal system were designed, installed and inspected in accordance with the said speciat use fermit ani comply with all applicable regulations' permits' and conditions. All written documentation and site plans verifying compliance must be stamped by a certified Colorado Engineer' The county also reserves the right to inspect a site, without notice, to asslss compliance..with the Special Use Permit for Major Facilities. A determination of noncompliance with any special Use Permit for Majoi i"rpotury Ernployee Housing Facilities, or condition approval thereof, is grounds for revocation or suspension of said permit, in accordance with Section $9.01.06. (9) lf there is suitable permanent housing inventory available in an area near the commercial, industiial, highway project or mineral extraction operation' as determined at the discretion of the fuOCC, the Special Use Permit for Major Temporary Employee Housing Facilities shall not be granted. (1Q)No animals shall be allowed at Major Temporary Employee Housing Facilities on Location sites. (11) ln evaluating a request for a Special use Permit for Major Temporary.Employee Housing faditities, the County Commissioners may require compliance with additional conditions of approvil as may be needed to ensure the health' safety and welfare of the public' (A'81-263) (12)The applicant shall submit as parl of the Special Use Permit for Major Temporary' 'Employee Housing Facilities, a reclamation and revegetation plan for each specifiL site addrejsing all points in section eleven (11) within this S5'02'21' David Pesnichak Page 4 8/1t2001 ,"",.S?.'J,J,"sx??3',5Tsi[xx:#:#"ff f iil:liDRAFT a, Debris and waste materials, including, but not limited to structures' concrete' footings, sewage disposal systems ind related infrastructure' water storage and related distribution infrastructure, roads, and other sand, plastic' gravel' pipe and cante ihall be removeo. Att pits, cellars, and other holes will be backfilled ,. ,oon u, possible after all equipment is removed to conform to surrounding terrain, All access roads to the site and associated facilities shall be closed, graOeJ 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 oDPHE and/or Garfield county to receive said wastes. Materials may not be burned or buried (other than lsDs) on the premises. All disturbed areas affected by Maior TemporaryEmployeeHousingFacilitiesorsubsequentoperations..shallbe reclaimed as earty anO as n"itty 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 Major Temporary Employee Housing Facilities expires or is revoked unless the Director or designee extends the time period because of conditions outside the control of the applicant' 1'rporary Employee Housing Facilities and subsequent operations shall be cross-ripp"eo. on crop,land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of rippingisbelowthirty{ivepercent(35%)offield.capacity.Rippingshallbe undertaken to a depth of eighteen it a; incfres unless and to the extent bed rock is encountered at a shallower depth' c. when a Major Temporary Employee Housing Facilities site is removed' all disturbed areas will be restored and revegetated as soon as practicable' For disturbed areas not regutated by the C5lorado Oil and Gas Conservation Commission, the following regulations will apply: (1) Revegetation of crop lands. All segregated soil. horizons removed from crop lands shall be replaced to "the'ir original relative positions and contour, .and shall be tilled adequately to re-Lstablish a proper seedbed' The area shall be treated if necessaryand practicable to prevent invasion of undesiraOi" .p".i"t and noxious'weeds, and to control erosion' Any perennial forage crops that were present before disturbance shall be reestablished. (2)Revegetationofnon-croplands.Allsegregatedsoilhorizonsremoved from non-ciop lands sfrail be replaced to ttreir original relative positions and contour as near as practicable to achieve erosion control and long- term stability anO sf,all 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 communityisencouraged'lntheabsenceofanagreementbetweenthe 8t112007 David Pesnichak Page 5 d. e. ,"","H.'i,J,"#1??Y,5:$nxHJ:s:.ff:'ii}:!iDRAFT applicantandtheaffectedsurfaceownerastowhatseedmixshouldbe 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' During occupation and reclamation operations, all disturbed areas shall be X"pt ir"" of ' Garf ield County and State of Colorado List A and B noxious weeds. successful reclamation of the site and access road will be considered completed when: (1) On crop land, reclamation has been performed as per tt!c]!)-:l..l,li' section, and observation by the Director or designee over two growtng SeasonShasindicatednosignificantunrestoredsubsidence. (2)onnon-cropland,reclamationhasbeenperformedasperll(c)(2)of.this section, ano tne total cover of live perennial vegetation, excluding noxious weeds, p,o,id", 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 tano, not including overstory or tree canopy cover, having similar soils, slope and aspect of the reclaimed area' (3)AfinalreclamationinspectionhasbeencompletedbytheDirectoror designee, tnere are no outstanding compliance.issues relating to Gadield county rutes, regulations, orders Jr permit conditions, and the Director or designee has iotified 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 .approvedbytheoartletoCountyVegetatio-nManagementDeparlment'The security shallbe rrefJ ny Gar{ield borniy until vegetation has been successfully reestablished according to the standards in the Garfield County Vegetation trtrn"g"r"nt ptan alop"ted by resolution No. 2002-94, as amended. 8t112001 David Pesnichak Pa-se 6 Memorandum From: Garfield County Planning Department Andy Schwaller - Building Official 5t14/2007 Building Code Issues- Temp. Housing - 5'9'07 PC Meeting To: Re: Date: Response to Building Related Issues Expressed by the Commission 1. Permanent concrete foundations are not contemplated for the man camps' Placement ofthe units on a structural fill and the use ofproperly sized timbers designed by an engineer meet the ,*quir"."nt' of the building code' Tie downs are required as per manufacturers' recommendati ons' 2.SprinklerSystemsarerequiredbythecode'Duetotheremotenatureofthesecamps, emergency services wouid not t,e ln a timely manner. These units need to be self sufficient and a fire sprinkler system is posiibty the only form of immediate fire fightingavailable.Inaddition,peoplearetottlik"lytobehurtbyafireorsmoke while they ur" ,t""plrg. I belieue ihe sleeping quarrers will be utilized 24 hrs a day due to several shifts at the sites' 3. The State Fire Marshall may or may not want to weigh in on reguiations' The county has the ability to "o*.u", with any Lnforcement agency for areas outside of fire districrs. Using the local fire distiicts guidelines heips to promote uniformity in the regulations based on local conditions' 4'UndeTtheDESIGNCRITERiA(otherFacilrties)oftheCDPHFISDSregulations.a vault,ifpermittedbythelocalhealthboardmaybepermittedunderlimiteduse o""rpun.y for watei carriage sewage systems on property which cannot accommodateaSewagetreatmentsystem.Thetypicalapprovedrruellsiteprobably does not have available room to accommodate a septic tank and field with the requiredSetbacks.Alsoduetotheshortdurationofsomeofthemancamps.an ISDSsystemmaynotbethebestoption.onthelargermorepermanentmancamps and/or truly remote locations' an ISDS would be utilized' 5. The colorado Division of Housing is requiring that all units used in the man camps have their cerrification seal attached. The uniis themselves are considered N'R' (non residential). Their installation program does not apply to these units. This program only applies to single family residential installations' O,-,/ 5/L//rr C ; T,c,,7s -lt/,..-".e CA ,r - Q,..7.rrr.--,M - it?to, € ,q2a/ ZiF 7, 1- Q, nTrot4-- tr - [' #c, € t;-v'a/ fOi.7 Z Too Add this to Sec (3), (Purpose is to promote completely drilling out pad iocatfons::d^l:^ shortening the time Uefoie-it is revegetated' tt wilt also promote greater surface spacing') ,'Appiicant may request a permit exceeding one year when directional drilling from one pad which exceeds 160 acre surface spacing is planned. Drilling of theses wells will exceed one year t0 accomplish and present good reasons for exceeding ihe one year time limit providing that the wells are drilled rn conseiutive order witn noLieat< in time caused from moving the rigsto a new oiJN"r"nt location before completing all required wells'" Add to sec (5) (D) after first sentence. This is needed to let EMS personnel kl-o-*^i1::,u"nt" whatthey may encounter. Currentlythis stuiiis ntt rattted on site and presents a definite danger to EMS Personne[. ,,This detailed map shall show all building, structures, tanks and storage areas The iocations of any chemicals or hazardous materials aI defrned in CEBCLA and REbRA must be noted on the map and marked on site." ry?::ffiL, a rectamation and revegetation plan and a monitoring plan for each specific site".'' Add to Sec (11) a. Add after last sentence. ,,Revegetation shall be done within 48 hours atter f inal dirt work has been completed' l{ broadcast seeding is done, it shall u" oon" pnot to unv precipitation or wind events that will cause the soil sudace to form a crust. Once this crust has formed the area must be harrowed to break up this crust." Amend and Add to Sec (11) c' ,,...areas will be restored and revegetation began within 48 hours of completing final dirlwork' Any precipitation or wind event thal forms a ciust on the surface will require this crust be broken with harrowing prior to any broadcasting of .""J lf seed is drilled then crusttng ls not a problem' Finat revegetation ooiecii;; ;ilibe mei *itnin 5 years of the start of reciamation " '7 (11)c'(2) , -f,--^^^r,^rr-.a.ooaar{or{wiihin4Ehoursafterchange the third sentence to read. "The disturbed area shall be reseeded within 48 hc completion of final dirl work'" Changethefourlhsentencetoread'.,Feseedingwithspeciesconsistentwith community is required unless the affected landowner requests that a different used." Delete the fifth senience' (11)e,(1)&(2)Thefollowingparagraphswillbesubstitutedfor(1)and(2) the adjacent Plant species rnixture be ..AMonitoringPlanwil|besubmittedasapafloftheRevegetationPlanwiththepermitapplication for a Major Temporary Employee Housing iu"ltiti"t' The Plan will address these obiectives' Successful revegetatitn *itt Oe when the percent cover of the seeded species meets the following objectives relative to t"n" p"t."nt cover in tf,. *tto,nding undisturbed vegetation type' lf revegetation is directed to return the site to u giu..iunO typ", then that will be the undisturbed control type. lf a shrub/grass vegetation type is selected, then that will be the undisturbed control type. lf the surface owner requests a mixture of tame grass species, then he must either state the target percent cover for revegetation success or have an area of similar soil type already planted to the tame grass species requested, To meet the revegetation objective, data analysis must show that the mean percent cover of the disiurbecj area is within plus or minus 15% of the mean for the control area at a confidence interval of 80%. On crop land the percent cover of the disturbed ground will be at least equal to the currant surrounding crop land assuming the same plant species are involved." "The Monitoring PIan, using a standard experimental design with show how the percenl cover of the disturbed areas and the control will be measured, how an adequate sample size will be obtained and how the data will be analyzed." "Testing of revegetation success will not be started until completion of the second growing season. lf successf ul revegetation has not been demonstrated by the end of the f ifth growing season, the permittee will submit a revised plan which states the steps that will be taken to complete successful revegetation. Bond will not be released until successful revegetation objectives have been met. When the percent cover of the disturbed areas has met or exceeded the above objective for successful revegetation for at least the last two years of the five year time frame, revegetation will be deemed successful." David Pesnichak From: Sent: To: Subject: Susan Parachin i [ssparach @ smtpgate.dphe.state.co. us] Thursday, May 17,2007 4:07 PM David Pesnichak RE: Labor Camp Regulations Hi Dave I wanLed to get back to you with reg.ard to the meeting we had this afternoon regarding t.he final question of your earli-er i-nquj-ry. Your guestion was whether CDPHE would override Garfield County's jurisdiction to implement furt.her and additional regulation and permi-t reguirements for these camps. It appears that the Colorado Revised Statutes Title 25 Artj.cl-e 1 Part 5 "Local Boards of HeaILh" provides rufe-making authority to Local Boards of Heafth. In other words, Garfield County would have jurisdiction to implement furt.her and additional regulations and permj-t reguirements for these camps provided they are at least as stringent as any state requirements. Our attorney stipulated that Garfield County should seek the legal counsel of the county attorney or independent Iega1 counsel to provide 1ega1 guidance on this issue. If you have additional questions, please feel free to give me a ca11. Regards Susan Susan Parachini Retail Food Program Manager Consumer Protection Division Colorado Department of Public Heafth & Environment CPD-GS-82 4300 Cherry Creek Driwe South Denver, Colorado 80245-1530phone: 303 -692-3646 /FAX: 303-753-6809 susan. parachini@state . co . us Hi Susan, Thanks for your attention to this maLter; I look forward to hearing back from you in regards to pre-emption. Best, Dave David Pesnichak Senior Planner - Long-Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970) 384-3470 Email : dpesnichak@garfield- county . com www . garf ield- county. com - - - - -Orlginal Message- - - - - From: Susan Parachini lmailto: ssparach@smtpgate.dphe. state. co.us] Sent: Wednesday, May 16, 2007 4:1-3 PM To: David Pesnichak Cc: Barbara Hruska; PATRICIA Klocker Subject: Labor CamP Regulations Hi David: Your recent inguiry regarding Labor Camps (Temporary Emptoyee Housing aXa ttlan-Camps) -to garUira Hruska was forwarded on to me for response as an area under my responsibility. Your message to Barbara incfuded severaf questions which I will do my besE Lo address ' (1) Are the Labor Camp Regulations (6 CCR 1O1O-L1, adopted.Tune 18, 1968) sti1I current "rra ir. effect? The answer to this guestion is yes' Although the regua]-tions were adopted in 1-968, they are stil]- the regulaiion in place and j-n use at this time for labor camps in colorado and have not been revoked. (2) We wouLd concur that these Labor Camp Regulations do encompass the kind of trman-camp" development that is olcurring in relati'on to oil and ga"-a*t.-ction in various areas around the staEe. The regulation was iromulgated by the state and may be enforced by the l-ocal or counLy health agency. (3) CDPHE enforcement of these "man-campsil or housing units has not been done proactively, but rather on a complaint only basis. (4) We are researching the response Lo you lasL inguiry regarding whether CDPHE would oierride Garfield County's jurisdiction to implemenL further and additional regulaLion and permj-t reguirements for these camps. we wifl be meeting with our Department's attorney tomorrow aftl::noon regarding this [uestion and witl- get back to you as qucikl-y as possible with the resPonse. If you have additional questions, please feel free to respond to this message or give me a call- at 303-692-3646' Regards, Susan Susan Parachini Retaif Food Program Manager Consumer Protection Division Colorado Department of Pubtic Hea1th & Environment CPD-GS-82 4300 CherrY Creek Drive South Derrver, Colorado 80246-1530 Phone: 303 -692-3546/FAJ': 303-753-5809 susan. parachini@state . co. us July 16,2007 Garfield CountY Building and Planning DePartment Attention: David Pesnichak 108 8th Street Glenwood Springs, CO 81601 RE: Comments to Garfield County's June 12,2007 Draft Minor Temporary Employee Housing Regulations - Section 5.02.22 of the Garfield County Zoning Resolution of 1978 Dear Mr. Pesnichak: per your request, enclosed please find proposed changes to the subject draft document. The proposed "hanget and our comments on the subject draft are summarized below: 1) Consistent with previous discussions between Garfield County staff and industry personnel on May 2, 2007, and with direction received from the planning Commission on May 9, 2OA7, we are proposing the following 3tier system for permitting temporary employee housing: a) Tier' 1 - permit Oy Noiice: ' This process, outlined in the enclosed document as Seciion 5.02.22 (2), would apply to those instances where six (6) or fewer people will be housed on an approved well location. b) Tier 2 Administrative Permit: We are proposing that thg Administrative Permit process as outlined in your June 12,2007 draft of this section be applied to those instances where between seven (7) and twenty-fou r (24) people will be housed on an approved well location. c) Tier 3 - Special Use Permit: For those instances where 25 or more people would be housed on an approved_ well location or in a ceniralized facility, the requirements of Section 5.02.21, Major I-emporary Employee Housing, would apply. 2) The standards that would be appliclble to all temporary employee housing' regardless of the number of people housed, would be the same, as outlined in Section 5.02.22 ( ) of the enclosed document' 3) Consistent with the direction received from the Planning Commission on May 9, 2007, the enclosed document incorporates -suFstantial penalties for noncompliance (Section 5.02.22 (5) (B ) However, the enclosed document proposes that there be different levels of severity for noncompliant issues and inai tor those issues that do not pose an imminent threat that the operator has Date: July 16,2007 To: Mr. David Pesnichak, Senior Planner, Garfield County Building & Planning Page2 an opportunity to rectify the issues prior to imposition of a fine or revocation of a permit. folcall-up or reconsiderationWe the Director's bf ase the of the we are rn @ dards for tnis type of housing and for potentially significant penalties to encourage compliance with these standards, it is important for Garfield County to understand the time-sensitive ture of these applications. 5) We are also recommending that the word "... or used water "'" be deleted from the standards in Section 5.02.22 (4) (C ) to allow for the possibility of the discharge of treated wastewater. Of course, we recognize that any proposed treatment systems or discharge of treated wastewater would be subject to approvals by Garfield County and/or the State of Colorado. We are recommending that this wording also be deleted from Section 5.02.21 (2) (C) of the draft Major Temporary Employee Housing Regulations. We appreciate very much the opportunity to review this latest draft and your willingness to coniinue to find an efficient process for permitting this housing. We look forward to participating in the August 8, 2OO7 Planning Commission meeting to discuss this issue further. Sincerely, See attached signature pages. Enclosure - As Stated Cc: Mr. Phillip Vaughn, Chair, Garfield County Planning Commission 4) Date: JulY 16,2007 To: Mr. David Pesnichak, senior Planner, Garfield county Building & Planning signature sheet for document titled comments to Garfield county's June 12' 2007 Draft Minor Temporary Housing Regurations - slctio n s.02.22 of the Garfierd county Zoning Resolution of 1978 Company Name/Title of Signatory: Date: July 16,2007 To: Mr. David Pesnichak, Senior Planner, Garfield County Building & Planning Signature sheet for document titled Comments to Garfield County's June 12,2007 Draft Minor Tjmporary Housing Regulations - Section 5.02.22 of the Garfield County Zoning Resolution of 1978 Nameffitle of Signatory: D; ^,,o --r- | )A, +.a , A, (Y- 'rr*S' ' ,^ ,,7, Company Signature Date: July 16, 2007 To: Mr. David Pesnichak, Senior Planner, Garfield Caunty Euilding & Planning Srgnafure sheef for document titled Comments ta Garfield County's June 12, 2007 Draft Minar Temporary Hausing Regutations - Secff on 5.A2.22 of the GartieW County Zoning Resolution af 1978 Campany .R,,r-r- .,{< ,} RL1T C * e ra NamelTitle of Signafory: \_- L)t- (*' '}o,U.tr*, Ng& Signature Date: July 16, 2007 To: Mr. David Pesnichak, Senior Planner, Garfield County Building & Planning Signature sheet for document titled Comments to Garfield County's June 12, 2007 Draft Minor Temporary Housing Regulations - Section 5.02."2 of the Gartield County Zoning Resolution of 1978 Company l/1r'- D i\ Z s LULef\ Nameffitle of Signatory: bvstiNtil^st tV - l^,"4 I W vltuh Mi,'isot Date: July 16,2007 To: Mr. David Pesnichak, senior planner, Garfield county Building & planning signature sheet for document titled comments to Garfield county's June 12, 2007 DraftMinorTemporary Housing Regulations - section 5.02.22 of the Garfied county Zoning Resolution of1978 Company Name/Title of Signatory: Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0, ,rD$fS 5.02.22- Administrative Permit for Minor Temporary Employee Housing Facilities: (1) Minor Temporary Employee Housing Facilities 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 GarJield County related to commercial, industrial and mineral extraction in any zone district by the Planning Director through the Permit-by-Notice or Administrative Permit processes. Such housing shall be of a temporary nature. At the expiration of the permit, all housing structures, foundations and associated infrastructure shall be completely removed. Permits for Minor Temporary Employee Housing Facilities are subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. Minor Temporary Employee Housing Facilities shall have all of the following basic characteristics: A. The Temporary Employee Housing Facility and any associated infrastructure (including ISDS) must be completely contained within a County, State or Federally regulated parcel (such as a COGCC regulated oil/gas well pad) in which reclamation, restoration and revegetation standards are guaranteed by contract with the permitting agency; and, B. The Temporary Employee Housing Facilities are to be located at the permitted site for less than a cumulative of one (1) year; and, C. The Temporary Employee Housing Facilities are to house twenty-four (24) or fewer individuals at any one given time. Facilities that will house six (6) or fewer people will be subject to the Permit-by-Notice process defined in item (2) below. Facilities that house seven (7) to twenty-four (24) people will be subject to the Administrative Permit process defined in item (3) below. (2).Permit-by-Notice for Minor Temporary Employee Housing on Location: A. The appticant shall notify GarJield County of its intent to provide Minor Temporary Housing by submitting a site-specific notification of the specific equipment, site lay-out, and anticipated dates of installation for each site. This site-specific notification shall be submitted to the GarJield County Local Governmental Designee (LGD) with the Application for Permit to Drill (APD) package that is submitted to the LGD in accordance with COGCC rules or a minimum of 30 days prior to installation at a site. The content of this submittal is defined below. Industry Comments Page I i. A vicinity map indicating the section, township, and range of the permit site location; general relation to surrounding public roads, private roads, adjacent utility systems, residential development, the applicant's actively permitted Major Temporary Employee 7 /181200i ii. zoninsnesorrllffi liffi"::%5TfJ""'.:?3."r',""lTlr:3;?ii:[] DRAFT Housing, topography at a minimum of 5' intervals, natural drainage courses and municipalities within one (1) miles of the proposed Minor Temporary Housing Site; north arrow and scale; GPS coordinates; and current sudace ownership on a USGS 7.5 minute series quadrangle at a scale of 1"=2000'. ldentify private and public roadways accessing the area; marked as open, gated, and/or locked; and detailed directions with mileage included for each roadway from the nearest town. GPS coordinates (NAD 83, degrees. decimal degrees) for the location shall also be provided. lnclude name, address and phone number of sudace owner(s). Provide name, address and phone number, including a Z4-hour emergency response number of at least two persons responsible for emergency field operations; contact numbers for local hospitals, emergency response, fire department, sheriff, Life Flight, and applicable regulatory agencies; site safety/evacuation plan; and written response plan for the potential emergencies that may be associated with drilling and completion operations at a well location. A description of the water system used to provide and store potable'water to personnel. lnclude number and volume of tanks; source of water; name of hauler; hauler's Colorado Department of Public Health and Environment (CDPHE) registration number and copy of certification; frequency of delivery; and calculation of water demand and demonstration of adequate capacity. A description of the system used to collect and dispose of sewage and wastewater. lnclude number and volume of vaults; name of hauler; frequency of pickup; sewage disposal site; and calculation of sewage and wastewater treatment demand and demonstration of adequate storage andlor treatment capacity. A description of the system used to collect and dispose of refuse. lnclude number, type and volume of containers; name of hauler;frequency of collection; and refuse disposal site. ldentify the anticipated dates of installation and removal of the Minor Temporary Housing Facility. iii. iv. vi. vii. Industry Comments Page 2 vilt. 7/18t2007 Industry Comments Page 3 zoningnesor-Ylff :l?Hr":Xi;TXi""'.:"t:"""'"'lT5':StlI$ B. Within 1o days of completing installatron at an individual site' the applicant shail submit to the Flanning Director written verification' by site pran, irrrougrr photo documentation and other documentation that the deveiopr.it i, in compliance with all standards set forth in this Resolutionandisconsistentwithallrepresentationsmadeinthe notificationforMinorTemporaryEmployeeHousing.Verificationof installation shall be made by an individual with the appropriate expertise(e'g.,safetyprofessional,engineer,constructionsupervisor, etc.)priortooccupancy'Suchverificationwillbeintheformofa .r,".[tiri (Append'ix A)'and will address each of the standards outlined in ttem 1+), bLro*. ln addition, the applicant shall provide documeniation that the GarJield County Sheriff's Office and relevant fire protection district were notified within 24 hours prior to installation oftheH,rino'TemporaryEmployeeHousing.Suchdocumentationshall inctuOe sijnatures of the appliiant verifying that notification was Provided' (3) Administrative Permits for Minor Temporary Employee Housing on Location: A'Theapplicantshallsubmitanadequatesiteplan,consistentwith sg'Ol.olandshall.besubjecttoreviewandapprovalfromthe tottowiig ;g;.i;; inctuding, but not limited to the GarJield countv Sheriff's"Ofiice, relevant firJp'rotection district as well as the Garfield County-auildingandPlanningDepartment'Allsiteplansshallinclude the following information: 1. A vicinity map indicating the section' township' and range of the pbrmit'site 'location; g.eneral relation to surrounding prnti" roads, private roads,. adjacent utility .systems' residential deveiopment, actively permitted other Minor and Major Temporary Employee Housing' topography at a ,ini*u, oi 5' intervals, natural drainage courses and municipalities within one (1) miles of the proposed Minor Temporary Housing Site; norlh arrow and scale; GPS coordinates; and culrent sudace ownership on a USGS 7'5 minute series quadrangle at a scale of 1"=2000'' ii.ldentifyTemporaryEmployeeHousingwithinthepermit site location; waitewatei disposal' trash receptacles' potablewaterstorage,allotherassociatedinfrastructure .aswellasany/all-otherequipmentlocatedwithinthe perimeter of the permit site location' iii.ldentifyprivateandpublicroadwaysaccessingthesite; marked as open, gated, and/or locked (include combinations); 'and OLtaiteO directions with mileage included for each roadway from the nearest town' iv. lnclude name, address and phone number of sur4ace '7 t1812007 Industry Comments Page 4 Minor Temporary Employee Housing Regulations Zoning Flesolution of 1978 as Amended, Section 5.02.22 (New) DRAFT owner. v. Provide name, address and phone number, including a 24- hour emergency response number of at least two persons responsible for emergency f ield operations; contact numbers for local hospitals, emergency response, fire department, sheriff, Life Flight, and applicable regulatory agencies; site safety/evacuation plan; and written response plan for the potential'emergencies that may be associated with drilling operations at a well location. vi. ldentify the boundaries of the State or Federally permitted area on which the Temporary Employee Housing is to be located. vii. ldentify the dates of installation and rernoval of the Minor Temporary Housing Facility. lf the Minor Temporary Employee Housing facility is part of an Area Wide Development Plan, than estimated dates of installation and removal must be provided for each facility. The Building and Planning Department must be notified prior to installation and removal of each facility. B. The operator of the Minor Temporary Employee Housing shall submit and be approved for an Administrative permit for Minor Temporary Employee Housing by the Garlield county planning Director prior to commencing installation. ln addition, the Applicant shall have obtained all necessary application sign-offs from the Garfield county sheriff's office, relevant fire protection district and GarJield county Building Department prior to submittal to the Gariield county planning Department, lf an Area wide Development plan is to be submitted, the Applicant shall provide sign-offs for each facirity to be installed. This application shall include: i. A description of the water system used to provide and store potable water to personnel. lnclude number and volume of tanks; source of water; name of hauler; hauler,s Colorado Department of Public Health and Environment (CDPHE) registration number and copy of certification; frequency of delivery; and calculation of water demand and demonstration of adequate capacity. ii. A description of the system used to collect and dispose of sewage and wastewater. lnclude number and volume of vaults; name of hauler; frequency of pickup; sewage disposal site; and calculation of sewage and wastewater treatment demand and demonstration of adequate storage and/or treatment capacity. iii, A description of the system used to collect and dispose of refuse. lnclude number, type and volume of containers; 1/18/2007 C. E. lndustry Comments Page 5 D. Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5 o'z 'z2,$l? nameofhauler;frequencyofcollection;andrefuse disPosal site. iv. A list of all surface owners abutting and within 200 feet of the subject parcel as identified in the Garfield county Assessor's records. Area Wide Development Plan: The Applicant may submit an Area wide Development Plan which consists of multiple sites to be developed wiinin an identified amount of time. Approval of an Area Wide Development Plan does not guarantee approval of individual Minor Tempoiary Employee Housing permits, but may act as a means of accelerating the permitting process. lf the Applicant is submitting an Area Wide Development P'[an, the Applicant shall submit a legible photo of the State or Federal certifying stampt demonstration that each housing unit meets the current Garfield County building code requirementi and a master map identifying all Minor Temporary Employee Housing facilities to be installed and in accordance with Section 5.02.22(2). At the time of Administrative Permit approval for each individual Minor TemporaryEmployeeHousingfacility,theApplicantordesignated representitive shall plovide a signed form provided by the Building and Planning Department:indicating thatthe facility will be installed in accordance with all applicable .GarJield county, State and Federal regulations. As apart of y'" sign-off, the Applicant shall provide the reievant contact for that facility and title of that individual to be contacted in the case of an identified violation. Further, the Applicant shall submit to the enforcement provisions identified within section 5.02.,22. ln addition, the Applicant shall provide documentation that i6e oariero County Sheriff's'Office and relevant fire protection district were notified within 24 hours prior to installation of the Minor Temporary Employee Housing. such documentation shall include signatures of the operator verifying that notification was provided and th6 above mentioned deparlments indicating that such notification was received. Public Notice: i.PriortoapprovaloftheTemporaryEmployeeHousing administraiive permit, the Applicant shall demonstrate that notice of the proposed development had been mailed to all abutting property owners within 200 feet of the parcel as identified in ifre Gar{ield County Assessor's records. Notice to abutting property owners within 200 feet of the parcel shallincludeataminimum:nameoftheapplicant, description of the subject lot, a description of the proposed administrative permit and nature of the permit, date of deadline for appeal and contact information for the Gadield CountyPlanningDepartmenttosendCommentsand/or request for aPPeal. 7/1812007 ii. ll1. il. iii. zoninsResorJllff iJiY.":ii:TIJ""'.:".!"",["lTfr::iil!fr DRAFT Area Wide Development Plan: An Applicant may elect to fulfill public notice requirements in accordance with this section to abutting property owners within 200 feet at the time of submittal oJ an Area Wide Development Plan for all proposed facilities to be installed' Once the Minor Temporary Employee Housing administrative permit or Area Wide Development Plan in which public noticing was conducted is approved by the Garfield County Planning Director, it shall not become etfective until four.teen (14) calendar days following the approval date. There shall be a fourteen (14) calendar day purioO during which time aggrieved residents may appeal ihe application to the Board of County Commissioners in a Public Hearing. F. Review Process i. G. Conditions of APProval: within ten (10) working days of receipt of the application materials, the Director shall determine whether the application is complete based on compliance with the submittal .requirements. lf the Director does not respond within ten (10) working days, the applicant shall assume the permit is complete and adequate. lf the application is determined 1s .be incomplete, the applicant shall have twenty (20) working days to respond to the notice of incompleteness. lf the applicant does not respond within twenty (20) working days, the Director shall assume that the application has been withdrawn. Evaluation by Director/staff Review. Upon determination of completeness, the Director shall review the application for compliance with the approval standards set forth in Section 5.02.22 (4). A staff report shall be prepared documenting this review. Review by Referral Agencies. The Administrative Permit application may be referred to the agencies responsible for provision of services to or affected by the proposed development, at the determination of the Director, unless required by state statute. The Director's evaluation of the application may include comment received from referral agencies. Referral agencies shall provide comments *ltf,in ten (10) working days from the date the application is deemed comPlete. Within twentY (20) working daYs of determination of completeness, or close of period if the application is referred for the date of the comment comment, the Industry Comments Page 6 7 t1812007 ii. zoningReso'Ylffi lif,"#:i,ilfi:I:"'!..",flTir:8!?li:l,i DRAFT Director may approve, approve with conditions or deny the Adm inistrative Perm it. lf the Director finds in reviewing an application that the application meets the standards set forth Section 5'02.22 (4), the Director shall approve the application. lf the Director finds that the application does not meet an applicable standard or standards, the application shall be approved with appropriate reasonable conditions imposed to avoid or minimize the significant adverse impacts of the development. Such conditions may include, but are not necessarily limited to, the relocation or modification of proposed access roads, facilities, or structures; landscaping, buffering, or screening; posting of adequate financial guarantees; or any other measures necessary to mitigate any significant impact on surrounding properties and public infrastructure. Once the Director issues a determination on the application; the determination shall not be final for fourteen (14) calendar days after the date of the determination, in order to allow time for the applicant and/or neighboring property owners to appeal, or for the Board of County Commissioners to call up the determination for further review. The Director's determination shall become final only after the expiration of this fourteen (14) calendar day period, and only if the determination is not reviewed and acted upon by the Board of County Commissioners at a subsequent appeal or call-up hearing. (4) The applicant shall adhere to the following Minor Temporary Employee Housing Facility Standards: A. Temporary employee housing must comply with all applicable federal, state and local laws and regulations. B. Operators must keep and maintain appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that water supplied to the site is from an approved Source, demonstrate the frequency of Sewage collection and demonstrate that sewage is being disposed of at an approved facility. C. ln no case shall unsafe water be used for drinking nor shall raw sewage be discharged on the ground surJace. For all Minor Temporary Employee Permits, 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 coli form contamination must be disclosed to the GarJield County Board of Health or designee. iii. iv. Industrv Comments Page 7 7 t18/2007 Industry Comments Page 8 Minor Temporary Employee Housing Regulalions Zoning Resolution ot igiaas hmenoe-o' Section 5 o'z "D$l? MinorTemporaryEmployeeHousingFacilitiesshallbemaintainedin a clean, safe and til"iy condition] free of weeds and refuse' Any hazardous o, no*ious materials that must be stored on site for operationat o, =".rritl'-t";;;;t ;u1t,be managed in accordance with aii appficaUle federal, state and local laws and regulations' Atleastonethirty(30)gallon(4cubicfeet)wildlife-proofrefuse container shall oe'piovi"oeo for each manufactured home or recreational vehicle lnit' Said container(s) must be durable' washable, non_absolbent metat or plastic with tight-fitting lids. Refuse shall be disposed of weekly' at a minimum' Operators must keep appropriate ilcords, to be provided to the County or any interested tfrirO party -rpon request' to demonstrate the refuse is collected and dispos"d of at an approved facility' G. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the temporary employee housing site are provided. H.Manufacturedhomeorrecreationalvehicleunitsequippedbythe manufactur", *iir, , fire sprinkler system, fire detection system, or alarm system if,iff be 'inspected' tested' '!d maintained in accordance witrriffis irC'Sgbi'4 and 5901'6' Smoke alarms and manual fire ,rrr.- "yrte*r shall be installed, inspected and maintained in a["oir.l"i manufactured home or tecreational vehicle unitsinacco,oancewith2003lnternationalFireCode(lFC)s907.2.9 and $907.2'10' I.Single-stationcarbonmonoxidealarmsshallbeplacedineach maiufactured home or recreational vehicle unit' J. One (1) or more approved.fire.extinguishers-of a^type suitable for flamrnable tiquids-# electrical fires [Ctass B.or Class C), carbon dioxide or dry .r,"r-i.ri, shall be located in each manufactured home or recreational vehicle unit' K.MinorTemporaryEmployeeHousingFacilitiesandallassociated in{rastructure ;;ta be completely c-ontained within a State or Federallyregulatedparcel(suchasaCOGCCregulatedoil/gaswell pad)inwhichreclamation,restorationandrevegetationstandardsare guaranteed by contract with the permitting agency' ln addition' the Applicant must provio" u .opy of itre permit from the issuing agency identifying tne tication, condiiions of approval' time..period for which the permit is valid as well as parameteis of reclamation, revegetation and rehabititatiin of the site once the permitted activity has expired' L'NoMinorTemporaryEmployeeHousingFacilitresshallmaintaina cumulativeofone(1)yearatanysingle|ocation.ldentifythedatethat the facility wirr 'UL lnsiarreO and the "date gre facility will be removed from the site. ln addition, identify the total cumulative length of time (in D. E. F. 1/1812007 Industry Comments zoningRes,#ffi IiH#:i;Hi:X:".:.",['lTS%31 j:[j DRAFT days) that the Minor Temporary Housing Facility will be installed at the specified location. M. Minor Temporary Employee Housing Facilities wiil house employeesof the applicable industry including its contractors and/or subcontractors that are necessary for the safe operation of the activity being conducted. Under no circumstances shall 2s or more individuals be housed on any one permitted location. N. lnhabitants of the temporary housing shalr be appricant's employees and/or subcontractors, working on the related operation, and not dependents of employees, guests or other family members. o. within 10 days of the expiration of the said permit, all housing structures, foundations and associated infrastructure shall be completely removed. The Applicant shall provide the Gar{ield county Planning Department dated and signed photo documentation indicating that all housing structures, foundations and associated infrastructure has been removed within the specified timeframe. P. No domestic animals shall be allowed at any Minor Temporary Employee Housing Facilities. Q. Each site location shall 'have one (1) water storage tank, with a minimum of 2500 gallons of stored water, for initial fire suppression and wild land fire protection. All emergency situations requiring action by any government agencyor district shall be documented in writing and presented to tre Planning Department and Garlield county bheriff's office within 24 hours of the occurrence. Failure to report such emergency situations shall be deemed a violation in regards to Section s-.02.22(6) of the Zoning Regulations of 1978. All required Access Permits shall be obtained from the Garfield county Road and Bridge Department or the colorado Department of Transportation prior to issuance of an Administrative permit. Wastewater Disposal: i. vault System: All vault systems shall be designed and installed to accommodate the number of persons identified within the permit who will inhabit the Minor Temporary Employee Facility. ln addition, all vault systems shall be equipped with an overflow alarm device. These vault systems shall be designed to accommodate 75 gallons of wastewater per person per day. lf the Applicant is proposing to use a vault system, the Applicant must meet the following conditions: R. T. 7/18/2001 Industry Comments Page 10 zoninsResorlll."f i[r"J::%5T,|i""':"'::'HISI':8,]il^3[ DBAFT a. Year-round vehicular access must be available and maintained for safe and regular access for sewage hauling vehicles; and, b. The Applicant must demonstrate and guarantee an arrangement for hauling sewage; and' c. The Applicant must maintain all records including but not limiteJio trip logs/reports and landfill receipts; and, d. All sewage disposal records must be maintained as public t"JotO. to be available to the County and/or any other interested third party upon request' ISDS (lndividual Sewage Disposal System): All .ISDS's shall be designed and instatieJ io ""o"odate the maximum number of ;;;;r. identified *iit',in the permit who will inhabit the Minor TemporarY EmPloYee FacilitY' (5) Enforcement: A. lnspection: Garfield county, relevant fire protection district' or sheritf's officereservestheright,toinspectanypermittedsite-and/or documentation at any tlme and without notice to the operator or ProPertY owner' B. Permit Revocation and Fines: lf it is found that the development was notconstructedinconformanceorisfoundtobeoutofconformance with any of the standarJs established in this Resolution, applicable building code or represented within the approved Minor Temporary Employee Housing p"rrit, including ^the maintenance of appropriate records or by any otnel appf icanf J State or Federal regulation, the applicantshallbenotifiedofthenonconformancebytheGadield county planning oirectoi. inis notice shall specify a deadline for |,"*"iying *re "issue(s). lf the nonconformance is for improper electrical, water, ot. ""pti. installation, the applicant shall have 24 nours to'correct ff," nJnconformance unless a longer timeframe is .specifiedinthewrittennotice.Iftheapplicantfailstocorrectthe nonconformance within the specified timeirame, the applicant may be subject to a iine up to $4O,obo.oo. Any nonconformance that poses animminentandsignificantthreattothehealthandsafetyof "rpiov"", or the pr-ori. -or to the environment shall result in the taciriiy' plimit being immediately revoked by the Garfield county pfanriinb Director. A t"rok"J peimit shall be accompanied by a fine upto$40,000'ooandmaynotberenewed,butmustbereappliedfor u,u**,permit'AllfinesandpermitsrunwithindividualTemporary rmItoyee'ttousing facilities and are not applied to Area wide DeveloPment Plans' 'il1812007 D. C. lndustry Comments Page 11 Minor Temporary Employee Housing Begulations Zonrng Resolution of 1978 as Amended' Section 5'0'z 2'zD$fi+ Vacation of Facilities Associated with Revoked Permits: lt a TemporaryEmptoyeeHousingfacilitypermitisrevoked'occupationof att freviously permitted faciliiies associated with the revoked permit shall be immediately vacated, any issued certificates of occupancy shall be withheld ,ni ,ny installed structures shall be removed within 10 business Oays *itn proof by signed and dated photo documentation. Consequences of Three (3) Revoked Permits: lf an operator obtains revocation of three tsl Mino,. Temporary Emproyee.,Housing facility prrriti, the planning Director shall refer the fourth (4'n) and all future 'permits by the oifending operator to the Board of County bommissioners (BOCC) as a Special Use Permit for Major Temporary EmployeeHousing_tacititiesperSectionS.O2.2loftheGadield corntv Zoning Re"solution of 1978, as amended. All otfenses under section 5.o2.22shall be tied with the operator as described within the application and not io a specific facility, parcel or location. Only at the aoaro of Gounty commissioner's soje discretion may an offending operator return'to lursuing the Administrative Permit process for future Minor Temporary Employee Housing facilities' 111812001 Page 1 of 1 To: David Pesnichak From:Dean W. Smith [pcw@acsol.net] Tuesday, June 1 9,2007 8:50 AM David Pesnichak Subject: Temporary Employee Housing I read your e-mail foruvarded to me by Chief David Blair of the Grand Valley Fire Protection Districi. I have some real concerns with your comments. Especially with your #1 that says an inspection is no longer required. The Coiorado Division of Fire Safety requires plan review and inspections for any -of th"s" units containing fire suppression systems (l have had two - one in parachute area and one in Meeker area. tfris is State Law and cannot be made less stringent by a County. Dean W. Smith, lnspector, Colorado Division of Fire Safety' / ,1 l^AA- David Pesnichak Page 1 of 2 From: Sent: To: Cc: Subiect: Jim Rada Friday, June 1 5,2007 9:36 AM David Pesnichak Andy Schwaller; Fred Jarman RE: Minor Temporary Employee Housing - Updated Draft - 6-12'2007 Attachments: Jim Flada.vcf David, I have the following comments regarding the Draft Minor Temporary Housing Regulations' o we may want to consider a requirement for an lsDS permit for each lsDS and/or vault system installed or for each facility. Although it appears that comphance with all provisions of the MTHF regs is required (including wastewater provisions) and non-compliance could result in " iin", lsDS regs could also apply here violation of which is also subject to a penalty. ft,"s" plrrits could also offset some oI the review costs by Andy's crew and/or me. . lf a separate lsDs permit is deemed unnecessary for these^systems, then I recommend that some language be included in (6)T that references the o",fi"ro c"unty lsDS Regulations and requires compliance with all applicable prorisions; "speciaily tnose Jrivision. Giiing with disign, construction and operation of the systems. t a* concern"b trr"t we will "Lnlinu* to see su-bstandard"tanks and equipment, poor installations' leaky tanks and pipes, uncovered ."*rg. hofding tanks, etc uniess we hold the companies feet to the fire for good quality systems' , r-- ^f,..^-^^, +ts^^+manr an.r crrrfar:e disnosal ' r lt is very possible that we will be seeing lsDS applic?ljo?. for advanced treatment and surface disposal in the near future. This will require that w6 have the ability to reference lsDS regs and perhaps place specific conditions on trre design, installation, operation, and monitoring of the effluenl-. . The potable water paragraph in (6)A is not specific to design rLquirement". y" may want to at least suggest that potable water systems be designed and'installed using current best engineering practices or perhaps reference a sanitation standard' Thanks for the opportunity to participate in this review process' Jim Rada, REHS Environmental Health Manager Garfield CountY Public Health '195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x81 1 3 Cell 970-319-1579 Fax 970-625:8304 E mai I irada @g arfield--so,u nty'cqm Web www.garfield-countY-com From: David Pesnichak Sent: TuesdaY, June LZ,2007 4:72PM To: GARCO Attorney; don.howanick@mpa-glenwood'com;-doug-dennison@oxy'com; brett'crabb@encana'com; patrick Barker; Linster Herndon, Brenda; oriiles Mclean; David glair, chief, Grand valley Fire Protection Dist'; lim Rada; Jim sears; carolyn Dahlgren; Michael Howard; Andy Schwaller; walker, Deanna J; Kent Lindberg; Kathleen Middleton; rucoleman@marathonoil.com; cuffin, Sally; david@gioutpost'com; dave.cesark@williams.com; msturgeon@rifleco.org; kewhelan@_riflefiredept'org; parata@parachutecolorado'com Cc: Fred Jarman; Cruii nict',ardsoi; pvcm@hughe-s.net; cheryl@cherylchandlertcolnj jock@sopris'net; calgary@sopris.net; shlrleybrewer@frugnes.net-; stipo101@hotmail.com; summitx@frontier'net Su6iec: Minor Temporary Employee Housing - Updated Draft - 6-L2-2007 As many of you are aware, the Garfierd county pranning commission met on lvray g, 2oo7 lo discuss the creation of an administrative process for Tempora" =ril,i,"v* H'or.i"g, "r r'.'oi"'"or.oniy known as "man-camps"' The meeting resutted in , .ontinurnce of the h-#;6 ;iinug*t a' -zbo7u"J int cotn'itsion made several recommendations for changes. The rec-om,"ni'tion" *[i"n '"quii"O "f''Gt to the previously proposed reourations have been madi to this draft, dri; Jr; i i, zooz irii"""n"Ji r"n" attached draft regulations pertain to-Minor Temporary Emproyee Housing t".iirti", t"orinistrative C;iif.ir less than 24 people' less than one year and rocated on a state or federaily contro]rei'p-Jrrri"reai pteaselinJ the draft regulations for the Maior Temporary Emptoyee housing {acitities ts".ti[" s.rii..zt1'atacn";';;J,;iino'ih-th"te are no changes within this Section. Three main alterations are "rii""i*ltni"1he June li'ZOOZ dratl'5'02'22 regulations: 1'Aninspectionisnolongerreq-uired.lnstead,theApplicantsignsafqqindicatingthatthefacilitywillbe installed in accordance with tne ouiroinf coJe,'tand.r"" "oJ" uiJionditional requirements' This is to address th" pi;;;;;Commirsion's re[uest for "self-regulation". 2'Thefine for none-compliance has been increased from $1 ,ooo to $40,000 per sited facility to encou rage "self -regulation"' 3.Apublicnotice,appealandBoCC..call-up,,provisionhavebeenadded. please review the attached draft and feelfree to forward themalong to anyone you feel may be interested' ptease submit comments in writing._ii'J"nirnrxeg"rfi:E-;rily'J; oy weanesdav July 18' 2007 to ;;;ira;a within the staff Report and commissioner's packets. Thanks, Dave David Pesnichak Senior Planner - Long-Range GarJield CountY 108 8th Street, Suite 40'1 Glenwood SPrings, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 E mai i : dpsEnrehak=o-g a dteld:e=o u ily' aanl www. gariield-county.com Page2 of2 Page 1 of David Pesnichak From: Sent: To: Gc: Subiect: Attachments: David Pesnichak Tuesday, June 12, 2007 4:22PM GARCO Attorney; 'don.howanick@mpa-glenwood.com'; 'doug-dennison@oxy'com'; -,brett.crabb@"n.rn"..o.'; Patrick Airk6f; 'Linster Herndon,-Brenda'; 'Charles Mclean';.'David Blair, chief, Grand varrlv iire protection Dist.'; Jim Rada; Jim sears; carolyn Dahlgren; Michael Ho*rrO; Andy Schwallei 'Walker, Deanna J'; 'Kent Lindberg'; Kathleen Middleton; 'rvcoleman@marathonoii.com'; 'Cuffin, Sally'; 'david@gjoutdost'com', 'dave'cesark@williams'com'; 'msturgeon@ritteco.orgl;'i["*n"llrOritlefiredept.org';;[arata@parachutecolorado com' Fred Jarman; Craig Richardson; 'pvcm@hughes'net'; 'cheryl@cherylchandler'com'; loclOsopris.n"t'; r.afg;tyOioprii.net'; 'shirl-eybrewer@hughes'net; 'stipo101@hotmail'com'; 'summitx @ f rontier.net' Minor Temporary Employee Housing - Updated Draft - 6-12-2007 DRAFT - Section 5-02-22Minor Temporary Employee Housing (2).pdf; DFIAFT - Section 5-02-21 Major Temporary Employee Housing.pdf As many of you are aware, the Garfield County Planning Commission met on May 9, 2oO7lo discuss the creation of an administrative process for Temporary emptbyee ff o{s119, or more commonly known as "man-camps"' The meeting resulted in a continuance of the hearing untir nu'guit 8, 2007'and the commissibn made several recommendations for changes. The recommendations which required"changes to the previously proposed regulations have been made to this draft, dated June 12,2007 (attached). rne ittacn6o draft regulations'pbrtain to Minor Temporary Employee, Housing facilities (administrative permit for less ihan 24 people,'less than one year and located on a state or federally controlted permit area). please find the oratt reg;Etrons'forine Major Temporary Employee housing facilities (Section 5.02.21)attached as well, although there are n6 .ning"r within this Section' Thiee main alterations are evident within the June 12,2007 draft 5-02.22 regulations: 1 . An inspection is no longer required. lnstead, the Applicant signs a fqlm indicating that the facility will be installed in accordance with the ouiroing cod;,'rano us'e code aid conditional requirements. This is to address the Planning Commission's request for "self-regulation"' 2. Thefine for none-compliance has been increased from $1 ,000 to $40,000 per sited facility to encourage "self-regulation". 3. A public notice, appeal and BoCC ,,call-up,,provision have been added. please review the attached draft and feel f ree to forward them along to any-one you Ieel.m.aV oe [r-t9!Ttqd P]ease submit comments in wriiing to dpesnichak@garfield-county.cdm by foednesday July 18,2007 to be included within the Staff Report and Commissioner's packets. Thanks, Dave David Pesnichak Senior Planner - Long-Range Garfield CountY 108 8th Street, Suite 401 Glenwood SPrings, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email : dpeqnichak @ garf ield-c www.garf ield-county.com 6t1212001 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section U.O, ,e$fll 5.02.22 - Administrative Permit for Minor Temporary Employee Housing Facilities: (1) Minor Temporary Employee Housing Facilities 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 GarJield County related to commercial, industrial and mineral extraction in any zone district by the Planning Director through the Administrative Permit process. Such housing shall be of a temporary nature. At the expiration of the permit, all housing structures, foundations and associated infrastructure shall be completely removed. Administrative Permits for Minor Temporary Employee Housing Facilities are subject to all applicable building code, state and federal permit requirements, fire protection district requirements and.fire code requirements. Minor Temporary Employee Housing Facilities shall have all of the following basic characteristics: A. The Temporary Employee Housing ,Facility and any associated infrastructure (including lsDS) must be completely contained within a State or Federally regulated parcel (such as a COGCC approved oil/gas well pad) in which reclamation, restoration and revegetation standards are guaranteed by contract with the permitting agency; and, B. The Temporary Employee Housing Facilities are to be located at the permitted site for less than a cumulative of one (1) year; and, C. The Temporary Employee Housing Facilities are to house twenty-four (24) or fewer individuals at any one given time. (2) Administrative Permits for Minor Temporary Employee Housing on Location: The applicant shall submit an adequate site plan, consistent with $S.0t.01 and shall be subject to review and approval from the following agencies including, but not limited to the Garfield County Sheriff's Office, relevant fire protection district as well as the Garfield County Building and Planning Deparrtment. All site plans shall include the following information: A. A vicinity map indicating the section, township, and range of the permit site location; general relation to surrounding public roads, private roads, adjacent utility systems, residential development, actively permitted other Minor and Major Temporary Employee Housing, topography at a minimum of 5' intervals, natural drainage courses and municipalities within one ('1) miles of the proposed Minor Temporary Housing Site; north arrow and scale; GPS coordinates; and current surface ownership on a USGS 7.5 minute series quadrangle at a scale of 1"=2000'. B. ldentify Temporary Employee Housing within the permit site location; wastewater disposal, trash receptacles, potable water storage, all other associated infrastructure as well as anylall other equipment located within the perimeter of the permit site location. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Temporary Employee Housing 2.doc Page I 6/12/2001 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended' Section 5 02 "D$fl+ C'ldentifyprivateandpublicroadwaysaccessingthesite;markedaS open, gated, and/or iocreo (include combinations); and detailed directions with mileage-included for each roadway from the nearest town' D.lncludename,addressandphonenumberofsurfaceowner. E. provide name, address and phone number, including a 24-hour emergency response number oi at least two persons responsible for emergencyfieldoperations;contactnumbersforlocalhospitals, emergency response, tire 'department, sheriff, Life Flight, and applicable regulatory' aiencies; site. safety/evacuation plan; and written response prrn l6i the potential emergencies that may be associatedwithdriilingoperationsatawelllocation. F.ldentifytheboundariesoftheStateorFederallyperrnittedareaon *rirci in" Temporary Employee Housing is to be located' G. ldentify the dates of installation and rernoval of the Minor Temporary Horriig- Facility. rt tn" rrrrinor Temporary Employee Hoygilo facility is pari of i nr"" wlo" o"u"lopment Plan, tnan estimated dates of installation and removal must be provided for each facility' The Building and planning b"p"rt*ent must be notified prior to installation and removal of each facilitY' (3)TheoperatoroftheMinorTemporaryEmployeeHousingshallsubmitandbe approved tor an Adrinirtrutive Fermit tot Minot Temporary Employee Housing by the GarJield county Planning Director prior to commencing installation' In addition, the Applicant shall haie obtained all necessary application sign-offs from the GarJield county sheriff's office, relevant fire protection.district and ["J#,-ii"Iln,y tr',0'ng'Department prior to submittal to the Garlield countv F;;;i"; -D6;ft*;nt. rtin Area wide bevelopment Plan is to be submitted' the Appticant ,h;1';;;;,d" "gn-otfi for each facility to be installed. This application shall include: A'Adescriptionofthewatersystemusedtoprovideandstorepotable watertopersonnel.lncludenumberandvolumeoftanks;sourceof *Ii"r, nrrnl of frrrfrr; nrrLr's Colorado Department of Public Health ;;-";;;i;;;";a lcoFi{ resistration number and copy of certification; trequenci of OEiiu"tyi anO calculation of water demand and demonstration of adequate capacity' B.Adescriptionofthesystemusedtocollectanddisposeofsewage and wastewater. rn.i,jJ"- number and volume of vaults; narne of hauler;frequency"tpi"x,p;""*ug"disposalsite;andcalculationof sewage and waste*rt"r'tieatment demand and demonstration of adeqJate storage and/or treatment capacity' C.AdescriptionoftheSystemusedtocollectanddisposeofrefuse. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Temporary EmPioYee Housing 2'doc Page 2 6t1212007 zonins*""",,Ilff l,'ip'J::i5Tf.""'.:?::,f.TB:S;'?li:[; DRAFT lnclude number, type and volume of containers; name of hauler; frequency of collection; and refuse disposal site. D, A list of all sudace owners abutting and within 200 feet of the subject parcel as identified in the Garfield County Assessor's records. (4) Area wide Development Plan: The Applicant may submit an Area wide Development Plan which consists of multiple sites to be developed within an identified amount of time. Approval of an Area Wide Development Plan does not guarantee approval of individual Minor Temporary Employee Housing permits, but may act as a means of accelerating the permitting process. lf the Applicant is submitting an Area wide Development Plan, the Applicant shall submit a legible photo of the State or Federal certifying stamp, demonstration that each housing unit meets the current Garfield County building code requirements and a master map identifying all Minor Temporary Employee Housing facilities to be installed and in accordance with Section s.02.22(2). At the time of Administrative Permit approval for each individual Minor Temporary Employee Housing facility, the Applicant or designated representative shall provide a signed form provided by the Building and Planning Department indicating that the facility will be installed in accordance with all applicable Garfield County, State and Federal regulations. As apart of the sign-off, the Applicant shall provide the relevant contact for that facility and title of that individual to be contacted in the case of an identified violation. Further, the Applicant shall submit to the enforcement provisions identified within Section 5.02.22. ln addition, the Applicant shall provide documentation that the Garfield County Sheriff's Office and relevant fire protection district were notified within 24 hours prior to installation of the Minor Temporary Employee Housing. Such documentation shall include signatures of the operator verifying that notification was provided and the above mentioned departments indicating that such notification was received. The applicant,shall adhere to the following Minor Temporary Employee Housing Facility Standards: A. Temporary employee housing must comply with all applicable federal, state and local laws and regulations. B. Operators must keep and maintain appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that water supplied to the site is from an approved soLrrce, demonstrate the f requency of sewage collection and demonstrate that sewage is being disposed of at an approved facility. C. ln no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground sudace. For all Minor Temporary Employee Permits, the operator must conduct monthly tests (or quarlerly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonneI\DRAFT - Section -5-02-22 Minor Temporary Employee Housing 2.doc (5) (6) Page 3 6/12/2001 D. E. F. J. zoninsnesor,lli.":liHJ:X"o5TXJ?.:".::,f1"38r:8iil!frDRAFT form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee' Minor Temporary Employee Housing Facilities shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse' Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with ail applicable federal, state and local laws and regulations' At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be provided for each manufactured home or recreational vehicle unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. Refuse shall be disposed of weekly, at a minimum. operators must keep appropriate records, to be provided to the. County or any inteiested third par.ty upon request, to demonstrate the refuse is collected and disposed of at an approved facility' G. Outdoor food storage is prohibited unless facilities.that prevent the attraction of animals to the temporary employee housing site are provided. H. Manufactured home or recreational vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system, or alarm system shall be inspected, tested, ald maintained in accordance with 2003 IFC 5901.4 and s9o1'6. smoke alarms and manual f ire alarm systems shall be installed, inspected and maintained in all othei manufactured home or recreational vehicle units in accordance with 2003 lnternational Fire code (lFC) 5907.2'9 and $907.2.10. l. single-station carbon monoxide alarms shall be placed in each maiufactured home or recreational vehicle unit' one (1) or more approved fire extinguishers of a^type suitable for ,flammable liquids or electrical fires (Class B or Class C), carbon dioxide or dry chemical, shall be located in each manufactured home or recreational vehicle unit' Minor Temporary Employee Housing Facilities and all associated infrastructure must be completely contained within a state or ieJerarrv regulated parcel (such as a CoGCC approved oil/gas well pad) in whic[ reclamation, restoration and revegetation standards are guaranteed by contract with the permitting agency. ln addition, the Applicant must provide a copy of the permit from the issuing agency identifying the location, condiiions of approval, time.period for which tfre permlt is valid as well aS parameters of reclamation, revegetation and rehabilitation of the site once the permitted activity has expired' K. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Temporary Employee Housin-e 2.doc Page 4 6t1212001 Minor Temporary Employee Housing Regulalions Zoning Resolution ot isia as Amendeb' Seciion 5'02 'z2o$fl+ NoMinorTemporaryEmployeeHousingFacilit'resshall,maintaina cumutative of one (ii y;;;;iLny single l6cation. ldentify the date that thefacilitywillbein,'t,rr"oandthe-datethefacilitywillberemoved from the site. ln addition, identify the total cumulative length of time (in days) that the rvr,noii"rplrary'Housing Facility will be installed at the specified location. Minor Temporary Employee Housing Facilities will house employees of the applicable -inlustry including its contractors and/or subcontractors thatir" nL.""t"ty for the-safe operation of the activity ffi; conducted. Under no circumstances,. shall 25 or more indivi-iduals be housed on any one permitted location' lnhabitants of the temporary housing shall.be applicant,s employees and/or subcontraci;t;, ;;iking on the relateo oneS-li9n' and not JepenOents of employees, gueJts'or'other family members' L. M. N. o'Withinl0daysoftheexpirationofthesaidpermit,allhousing structures, tounoations aid .associated inlrastructure shall be "onlp[t"rv removed. The Appticant.shall provide the Garfield county planning Departmeni ;r& and sig.ned photo documentation indicating that all nor"ing-"tructures,.loundations and associated infrastruJture has been rerioved within the specified timeframe' P.NodomesticanimalsshallbeallowedatanyMinorTemporary EmPloYee Housing Facilities' Q.Eachsitelocationshallhaveone(1)waterStoragetank,witha minimum of 2500 gallons of stored water, for initial fire suppression and wild land fire Protection' ,R. All elelgen?y situations requiring action by any government agency or' oiltii&- shail be documented" in writing and presented to the PlanningDepartmentandGarfieldCountySheriff,sofficewithin24 stratt be,deemed a vioiation in regards to Section 5'02'22(6) of the Zoning Regulations of 1978' S.AllrequiredAccessPermitsshallbeobtainedfromtheGarlield c"on1v noao ano Bridge Department or the colorado Department of Transpofiation prior to Lsuance of the this Administrative Permit' T. Wastewater DisPosal: i. Vault System: All vault systems shall be designed and installed to accommooate ir..|'" nr*u"r of persons identified within the plrrit who will innrOlt the Minor Temporary Employee Facility' ln addition, ,rr ,rrri iystems shall be equipped with.an overJlow alarm device. i;,"". vault systems shall be designed to accommod ale 75 jallons of wastewater per person per day' lf T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Temporary EmPloYee Housing 2'doc Page 5 6t12t2001 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section U O, ,rr$X? the Applicant is proposing to use a vault system, the Applicant must meet the following conditions: a. Year-round vehicular access must be available and maintained for safe and regular access for sewage hauling vehicles; and, b. The Applicant must demonstrate and guarantee an arrangement for hauling sewage; and, c.The Applicant must maintain all records including but not limited to trip logs/reports and landfill receipts; and, d. All sewage disposal records must be maintained as public records to be available to the County and/or any other interested third pafiy upon request. ii. ISDS (lndividual Sewage Disposal System): All ISDS's shall be designed and installed to accommodate the maximum number of persons identified within the permit who will inhabit the Minor Temporary Employee Facility. (7) Public Notice: . A. Prior to approval of the Tempora,ry,Employee Housing administrative permit, the Applicant shall demonstrate that notice of the proposed development had been mailed to all abutting properly owners within 200 feet of the parcel as identified in the Garlield County Assessor's records. Notice to abutting property owners within 200 feet of the parcel shall include at a minimum: name of the applicant, description of the subject lot, a des*iption of the proposed administrative permit and nature of the permit, date of deadline for appeal and contact infor,rnation for the Garfield County Planning Department to send comments and/or request for appeal. .8. Area Wide Development Plan: An Applicant may elect to fulfill public ,,. notice requirements in accordance with this Section to abutting ,ipropertv.owners within 200 feet at the time of submittal of an Area Wide Development Plan for all proposed facilities to be installed. C. Once the Minor Temporary Employee Housing administrative permit or Area Wide Development Plan in which public noticing was conducted is approved by the Gadield County Planning Director, it shall not become effective until fourteen (14) calendar days following the approval date. There shall be a fourteen (14) calendar day period during which time aggrieved residents may appeal the application to the Board of County Commissioners in a Public Hearing. (8) Conditions of Approval: T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section -5-02-22 Minor Temporary Employee Housing 2.doc Page 6 6/12t2007 A. B. Minor Temporary Employee Housing Regula-tions Zoning Resolution of 1978 as Amended' Section 5 02 2'?D$l? lf the Director finds in reviewing an application that the application meets the standards set forth above, the Director shall approve the application, lf the Director finds that the application does not meet an applicable standard or standards, the application shall be approved with appropriatereasonableconditionsimposedtoavoidorminimizethe significant adverse impacts of the development. Such conditions may include, but are not necessarily limited to, the relocation or modification ofproposedaccessroads,facilities,orstructures;landscaping' buffering, or screening; posting of adequate financial guarantees; or any other measures neJessary 1o mitigate any significant impact on surrounding properties and public infrastructure' once the Director issues a determination on the application; the determination shail not be final for fourteen (14) calendar days after the date of the determination, in order to allow time for the applicant and/or neighboring property owners to appeal, or for the Boar'd of County Commissioners to 6all up the determination for .further review' The Director's determinatlon snatt become final only after the expiration of this fourteen (14) .ai"noa, day period, and only if the determination is notreviewedandacteduponbytheBoardofCountyCommissionersat a subsequent appeal or call-up hearing' (g) Reconsideration of Director's Decision or call'up by Board of county Commissioners: A'BequestbyApplicantorAdjacentPropertyownerforReconsideration ofDecision.Theapplicantoradjacentpropertyowneraffectedbythe decision may request reconsideration of the Director's decision by the B;;; ot c6unty commissioners. The aggrieved party,may file a wiitt"n,"qrest within fourteen (14) calendar days of the date of written notice of the decision by the Director' l. Schedule Public Hearing: Public hearing by lhe Board of county commissioners ihall be held within forty-five (45) calendardaysofthedateofreceiptoftherequestior reconsideration' ll. Notice by Publication: At least thirty (30) calendar days prior to the date of r,e icrreouled public hearing before the Board of County Commissioners, the aggrieved party shall have published , notit" of public hearing in a newspaper of general circulationintheareathattheproposedlandusechangeis located. lll.NoticetoAdjacentPropertyOwners:Atleastthirty(30) calendar dayl prior to the date of the scheduled public hearing, the aggiieved party shall send by certified mail' return receipt"ieqr"riJd, a written notice of the public hearing to the T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Temporary EmPloYee Housing 2.doc tJ. 6/1212007Page 7 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5 02 22o$l? ownerSofrecordofalladjacentpropertyWithina200,radius' The notice shali include a vicinity map, the property's legal description,aShortnarrativedescribingthecurrentzoningand proposed land use change, and an announcement of the date' iime and location of the scheduled hearing' lV'DecisionbyBoard:TheBoardshallconductapublichearing pursuant to tre provisions outlined within the GarJield county Zoning Resolution of 1978, as amended' The Board shall upholi the Director,s decision, modify the decision or reverse the decision, based upon compliance with the standards outlined within Sections 5.03 and 5'02'22' B.Call.upbyBoard:Withinfourteen(14)calendardaysofthedate receipt oi tt.," notice of decision, lh".Board may, at its discretion, decide to reconsid", in" Director's decision at the next regularly ,,t.,"0,t"0 meeting of the Board for which proper notice of hearing can be accomPlished' l.NoticebyPublication:Atleastthirty(30)calendardayspriorto thedateofthescheduledpublichearingbeforethe.Boardof c;r;it commissioners, the Director shall have published a notice,ofpublichearinginanewspaperofgeneralcirculation in the area that the pro[osed land use change is located' ll'NoticetoAdjacentPropertyOwners:Atleastthirty(30) calendar days prior to the date of the scheduled public nearing, the birector shall send by certified mail, return receipt requesled, a written notice of the public hearing.to the owners of record of all adjacent properly within a 2O0' radius' The .Lti..- rr..rrit -inctuie a vicinity map, the property's legal. description, a short narrative describing the current zoning and propoied land use change, and an announcement of the date, ilme anO location of the scheduled hearlng' V.DecisionbyBoard:TheBoardshallconductapublichearing mrc"*t$;t,5;":i?3?,:'li",i:[]]:'",?31"J:':"sil1 upr.,ori the Director's decision, modify the decision or reverse thedecision,basedUponcompliancewiththestandards outlined within Sections 5'03 and 5'02'22' (12) Enforcement: A. lnspection: Gar{ield county, relevant fire protection district' or Sheriff's office reserves the righi to inspect any permitted site and/or documentation at any ire and without notice to the operator or Property owner' T:\dpesnichakV-and Use 2007\Text Amendments\Essential PersonneI\DRAFT - Section 5-02-22 Minor Temporary EmPloYee Housing 2.doc Page 8 611212001 Minor Temporary Employee Housing Regulations Zoning Besolution of 1978 as Amended, Section 5.0, ,rD$f;? B. Permit Revocation and Fines: lf it is found that the development was not constructed in conformance or is found to be out of conformance with any of the standards established in this Resolution, applicable building code or represented within the approved Minor Temporary Employee Housing permit, including the maintenance of appropriate records or by any other applicable state or Federal regulation, the facility permrt shall be immediately revoked by the Gariierd county Planning Director. A revoked permit shall be accompanied by a $40,000.00 fine and may not be renewed, but must be reapplied for as a new permit. All fines and permits run with individual remporary Employee Housing facilities and are not applied to Area Wide Development Plans. c. Vacation of Facilities Associated with Revoked permits: lf a Temporary Employee Housing facility permit is revoked, occupation of all previously permitted facilities associated with the revoked permit shall be immediately vacated, any issued certificates of occupancy shall be withheld and any installed structures shall be removed within10 business days with proof by signed and dated photo documentation. D. consequences of rhree (3) Revoked permits: lf an operator obtains revocation of three (3) Minor Temporary Employee Housing facility permits, the Planning Director shall refer the fourlh (4th) and all futurepermits by the offending operator to the Board of County commissioners (Bocc) as,a special Use permit for Major Temporary Employee Housing facilities per section s.02.21 of the GarJietd county Zoning Resolution of 1978, as amended. All offenses under section 5.02.22 shall be tied with the operator as described within the application and not to a specific facility, parcel or location. only at the Board of county commissioner's sole discretion may an offending operator return to pursuing the Administrative permit process for future Minor Temporary Employee Housing facilities. T:\dpesnichak\Land Use 2007\Text Amendments\Essenrial Personnel\DRAFT - Section 5-02-22 Minor Temporary Employee Housing 2.doc Page 9 6t12/2007 Page 1 of 2 David Pesnichak From: David A. Blair, Fire Chief [gvfpd@sopris.net] Sent: Wednesday, July 1 g,2OO7 j1:27 AM To: David Pesnichak subject: RE: Minor Temporary Employee Housing - Updated Draft - 6-12-2001 David, I have had a chance to look at your draft and offer the tollowing comments:Minor Temporary Employee Housing Facilities ' Fage 2, E,.Change Life Flight to Care Flight (lf your referring to St. Mary's helicopter in GrandJunction, which services our area) ' Page 3, (4) Eight line down - that each housing unit meets the current Gar{ietd County buitding,ADD & Fire coder Pago 4, H & I., Who is inspecting and how will Fire Districts and the Colorado Division of FtreSafety be advised of the sprinkler portion, since they're the only inspecting agency in our area?' Fage 4, J Add combustible materials to the list and change the required fire Lxtinguisher to anABC type and placed throughout the facirity according to iode. ' Page 5, R, l'm confused, Are you requiring the oil fieid companies to ensure that the FireDistriet andlor BLM/USFS submits copres 6f incident response reports oH are you requiring theoil field copies to file a report separate of the agency reporls to the planning Department andSO? | am assuming that in the first sentence tfiat dlstrict means Fire Distrilt and governmentagency means any other state or federal agency. ' Page 9, B, Flease add "andlor fire" to first sentence after building and before code.Major Temporary Employee Housing Facilities ' Page 3, Add cornbustible materials to the list and delete carbon dioxide as a choice of fireextingutsher. A storage tank is required at all sites to provide water for the sprinkler systenr andinitial suppression activities. Size is dependent on spiinkler calculations and initial watersuppression demands. I also had Deputy Hob Ferguson look over the document and he did not have any further comments orsuggestions. David A. Blair Fire Chief, GVFPD From: David Pesnichak Imairto:dpesnichak@gafierd-county.com] Sent: Tuesday, June 12, Z0O7 4:Z2pM To: GARCO Attorney; don.howanick@mpa-glenwood.com; doug-dennison@oxy.com; brett,crabb@encana.com;Patrick Barker; Linster Herndon, Brenda; charles Mclean; Davii Blair, chief, Giand Valley Fire protection Dist.;Jim Rada; Jim sears; carolyn Dahlgren; Michael Howard; Andy schwaller; walker, Deanna J; Kent iinau.rg;Kathleen Middleton; rvcoleman@marathonoil,com; Cuffin, Sally; david@gjoutpost.com;dave'cesark@williams'com; msturgeon@rifleco.org; kewhelan@riflefired6-pt.org; parata@parachutecolorado.comCc: Fred Jarman; Craig Richardson; pvcm@hughel,net; cheryl@cherylchandlei,com; jock@sopris.net; calgary@sopris.net; shirleybrewer@hughes.net; stipo101@hotmail.com; summitx@fiontier.netsubject: Minor Temporary Employee Housing - Updated -oraft - 6-L2-zoo7 As many of you are aware, the Gadield county Planning commission met on May g, 2oo7 todiscuss the creationof an administrative process for Temporary Employee Fi;"i;g, ;r more commonly known as ,,man-camps,,. Themeeting resulted in a continuance of the h-earing ui.ltit ergust 6',iool and the commission made severalrecommendations for changes. The recommendations *61.n oquired changes m tne freriously proposedregulations have been made to this draft, dated June lz, zool-(ittached). Tie attacheo draft regulations pertainto Minor Temporary Employee Housing facilities laominlstrativJf,ermit for less than 24people, less than one year 8t1/2007 Page 2 of 2 and located on a state or federally controlled permit alea)' Please find the draft regulations for the Major Temporary Emproyee housing facirities tsectiln s.02.21)'attacheo as werr, afthouih there are no changes within this Section. Three r"in rit"r"tions are erii"nt *itnin the June 12'2007 dratl'5'02'22 regulations: 1'Aninspectionisnolongerrequired'lnstead,theApplicantsignsafq1mindicatingthatthefacilitywillbe installed in accordance with the building code, land.,," toJ" aid conditional requirements' This is to address tfre piannlng Commission's re(uest for "self-regulation". 2.Thefinefornone.compliancehasbeenincreasedfrom$1,O0Oto$40,O0Opersitedfacilityto encou rage "sel{-regulation"' 3.Apublicnotice,appealandBoCC..call-up,,provisionhavebeenadded' please review the attached draft and feel free to fonvard them along to anyone. vo.y,fe:l may be interested' please submit comments in writing to eJJs;igh"r.og"tfi"la-co-'unty.com by Wednesday July 18' 2007 to t" ,.frO"O within the Staff Reporl and Commissioner's packets' Thanks, Dave David Pesnichak Senior Planner - Long-Range Garfield CountY 1OB 8th Street, Suite 401 Glenwood SPrings, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Emaii: dPesnichat<O gadield-county'com www. garf ield-county'com No virus found in this incoming message' Checked by AVG Free Edition. Version: 7 .5.472l Virus Database: 269'8.15/848 - Release Date: 6113t2o01 12:50 PM No virus found in this outgoing message' Checked by AVG Free Edition' Version: 7.5.4761v,rus oatauase: 269.10.8/906 - Release Date: 1117/2oo1 6:30 PM 81112001 EXHTBIT A ARTICLE X, SECTION 411 TEMPORARY AND SPECIAL USE PERMITS FOR TEMPORARY LIVING QUARTERS (TLQS) lll'! Atl remporary Living Quarters (hereinafter TLQs), construcred or insralied inRio Blanco County related to commercial, industrial, trJnsportation, oil & gas ormineral extraction projects require either a Temporary use permit pursuant to Sec.225 of the Rio Blanco county Land Use Resoluiion (-hereinafter LUR) or a SpecialUse Permit pursuant to Sec. 224,LIJR. 4ll'2 TLQs are divided and defined in three distinct categories as follows: (A) Type 1: S.mal! On-site Ouarters. These are for under twenty fiveworkers housed at the work iocation or in the case of oil and gas drilling, onthe weli pad' These quarters are temporary structures such as manufactured housing or recreational vehicles. These quurt.., require a Temporary usePermit pursuant to Sec 225. LUR. (B) Type 2: Sm tion Ouarters. These quarters are for up tofifty workers and are rocated ,ruy r.* the work site or weil pad. Thesequarters are temporary structures such as manufactured housing or recreationalvehicles' These quarters require a Special Use Permit pursuant to Sec. 224,LUR and may be permitted for up to one year with additionar annual extensions by Administrative Review for tompiiance. (C) Type l": . These quarrers are for inexcess of fifty workers, located away frorn th. *ork site or well pad. Thesequarters are permanent structures. These quarters require a Special Use permit pursuant to Sec. 224,LLIR and may be permitted foimultiple years withannual Administrati ve Reviews for compiiance. 411'3 The following provisions apply to all three types of rl,es with exceptionsas noted: A. General Requirements. 1' on or before thirty days after the date the Temporary Use permit orSpecial Use Perrnit expires all housing structures and associated Rio B^larco Countv planning and Developmenr Depanment o rr, ce e j 0,, ; [ * y;:!"; Ji? #i,]']"T,i.J;,:?"11:1,. . ",. " . ",.Iune 25,,2007 - infrastructures shall be removed and the land shall be reclaimed to the satisfaction of the Planning Department. 2. All Type 1 and Type 2 TLQs , except licensed motor homes, recreational vehicles ind camp trailers, and all type 3 TLQs require a Rio Blanco County buiiding permit and certificate of occupancy before occupancy. 3. All TLQs must be located on property owned by or leased for the period of the permit by the Appiicant, except TLQs located on Federal land which must have an approved Right Of Way issued by the BLM or U.S, Forest Service. 4. TLQ sites must be related to one or more commercial, industrial, transportation, oil & gas, or mineral extraction projects and must be located with separation of at least one mile between sites regardless of land ownershiP or operator. 5. TLQs for oil and gas extraction projects in agncultural zones may be exempt from the one mile spacing requirement if the Applicant can demonstrate that the housing structures and all supporting infrastructure will be contained within a Colorado Oil and Gas Conservation commission (coGCC) approved well pad. To qualify for such an exemption there must be no land disturbance outside of the COGCC approved well Pad. B. Time Limitations. 1. Temporary Use Permits issued pursuant to Sec. 225, LUR are for six months with one six month extension. In recognition of the fact new technology allows for multiple wells to be drilled on one well pad over an extended period of time, a Temporary Use Permit for Type I TLQs may be.rt.rd.d for additional six month periods by Administrattve Review. Applications for extensions must be made on forms provided by the Rio Blanco County Planning Department (hereinafter Planning Department) 2, Special Use Permits issued for Type 2 TLQs are for a maximum of on, yr*. For good cause shown, a permit may be extended annually by -'' ?i;r i,T?: ii8T:i il9,'ff#I"J;Houil'"*' ofnce e70 878 e580 t- rrortJ;Jlt;, lt6l@ Page 2 Administrative Review. Applications for extensions must be made on forms provided by the fianning Department' Approval of annual extensionswilibegrantedforgoodcauseprovidedtheApplicantisin compliance with th-. tr*, and conditions of the existing Special use Permitaswellasincompliancewithallrulesandregulationsinthe LUR, 3.Type3TLQsareissuedformultipleyearsand.donotrequireannual extensions. Thise TLQs require only annual Administrative Reviews fordeterminationofwhetherthereiscompliancewiththetermsand conditions of the Specific Use Permit anilother rules and regulations in the LUR. C. ApplicationProcess. l.AtlApplicantsmustscheduieandattendapre-applicationmeeting with piannirf o.pur,ment staff to discuss project information and permitting ,.irir.r.nts. one of the issues to be discussed at the pre- application ,Lrtirg is the need for the TLQ the Applicant intends to apply for. Applicant should be prepared to.provide an assessment of currently uruituUt. housing urO ptoi..ted -housing availability within existing ,uriripufities, inlluding uut nor limited to commercial campgrounds, mobile home parks and simiiar facilities within thirty minutesdrivingtimeoftheproposedTLQsitelocation,Ifitis determined that suitable housing inventory is available within thirty minutes driving time of the proiosed TLQ site location, a permit for a TLQ will not be granted' 2.Informationanddocumentswhichmustbesubmittedforan applicationtobeconsideredcompleteincludethefollowing: a.Adetailedsiteplanandvicinitymapinbothhardcopyand digital format inciuding location of the.TLQ site, private an,d publicroadwaysu"t"ingthesite-markedopen'gatedand/or locked, and deiailed direJtions ro the site from a county road or State highwaY' Rio Blanco County Planning and Development Depanment 317 E. Market (Po Boi 599)' Meeker' Co 81641 Office 970 878 9580 Faxg'.0 878 9581 email nlanning@'cr'r'rio-bianco co us iune 25, 2007 Page 3 b. As to applicarions for Type 1 TLQs. a copy of the approved Application for Permit to Driil (ApD; documents from ihe COGCC indicating housin,e iocation(s). c. A statement of the estimated total length of rime the TLQ will be at the proposed location. d. A listing of the names and addresses of the owners and zonins of all land adjacent to and within two miles of the proposed c location. e. Applicant's Drug and Arcohor policy inciuding mechanisrn of enforcement. f. Applicant's Firearms and Weapons poiicy including mechanism of enforcement. g. The site Security plan including the registration/check-in poiicy. If a professionar security service ii to be used information must be provided concerning the service. h. on site medicai and emergency medicir services to be provided. i. A traffic and transportation plan including the anticipated volume and type of vehicre use, vanpooling or bussing pians, actions taken to reduce/mintmize traffic, pu.i.irg design andpolicy, copies of Appiicant's driving rurei and an Equivalent single Axel Load (ESAL) esrimare specific ro the consrrucrion and operation of the TLQ. j. A copy of House Rules for the TLQ k. A storm water management plan for the site. l' A copy of the site weed contror pran. approved by the Rio Blanco County Weed Department. m- A li-ehting plan showing design to provide required lighting while minimizing light pollution. n. complete details of the water system proposed to service the TLQ. (See requiremenrs in Section +n.41ii. o' complete details of the wastewater System proposed to service the TLQ. (see requirements in section ^1i_i.+g). p. complete details of the Fire protection system proposed to service the proposed TLQ, (See requi..r.ni, in Slction 411,4C). Rio B^lanco Countv planning and Developmenr Depanment 317 E. Market (pO Box 599). Meeklr. CO 81641office 970 878 9s80 t* rrrrrJf3?. emait nlanning@,,co ri,,_r,tanc. co us Page 4 q. Complete details of waste disposal system proposed to service the proposed TLQ. (See requirements in Section 411.4D). r. Compete detaiis of the proposed reciamation plan. (See requirements in Section 41L4ES. 411.4 Requirements Related To The Operation Of TLQs: A. Water Systems. i. Water Systems proposed to service TLQs must comply with all applicable state and local laws and regulations. 2. For facilities serving under twenty five (25) workers (Type 1 TLQs), the Applicant must conduct monthly tests (or quarterly if an on-site disinfection system is installed) of stored potable water samples specific for coli form and maintain records of such tests. Any tests indicating coli form contamination must be disclosed to the Planning Department. 3. Water systems serving twenty five (25) people or more (Type 2 and 3 TLQs) must demonstrate conformance to state regulations by obtaining all necessary state permits prior to the scheduiing of a TLQ Special Use Permit pubhc hearing. 4, in no case shall unsafe water be used for dnnkrng or used water be discharged on the ground surface. 5. Records related to water supply and testing must be maintained for inspection by the Planning Department for the iife of the permit. B. Wastewater Systems. 1. Wastewater systems proposed to service TLQs must comply with all applicable state and local iaws and regulations. in addition, all wastewater must be disposed of on-site usin_9 an Individual Sewage Disposal System (ISDS) or Community Wastewater Facility. Rio Blanco County Planning and Development Depanmenr 317 E. Market (PO Box 599), Meeker. CO 81641 Offrce 97 0 878 9580 F ax 9'7 0 878 958 1 email plannin g @, co.ri o-hlanco.co.us June 25.2007 Page 5 2. A specific TLQ may be granted an exemption from the above ISDS/Community Waste Water Facility requirement if it is determined that: a. An ISDS system is not feasible due to environmental, topographic or engineering conditions where the TLQ is to be located; and b. A Community Wastewatet Facility is not appropriate; and c. Year-round access is available and maintained for safe and regular access for wastewater hauling vehicles. 3. If a pump and haul system is approved, the following requirements must be met: a. All wastewater must be disposed of at an approved facility. b. The Appiicant must demonstrate an alrangement for hauiing wastewater including an appropnate contract with a licensed hauler and a letter of understanding with a back up licensed hauler in the event the primary hauler faiis. c. Applicant must provide a detailed emergency response plan that addresses such issues as, equipment failure. d. Appiicant must provide a letter from a licensed disposal facility stating the faciiity has the capacity and wiliingness to receive and treat Applicant' s anticipated wastewater. e. Applicant must maintain all records including but not limited to trip logs and disposal reports for one year after the termination of the TLQ permit. f. All wastewater disposal records must be available to the Planning Department and/or any other interested third party upon request and must be provided to the Planning Department as part of any appiication for a TLQ permit extension. g. In no case shall wastewater be discharged on the ground surface or disposed of at any location other than an approved facility. C. Fire Protection 1. A Site Fire Plan must be provided with the appiication and must inciude at least the following: a. Provisions for giving alarm in case of fire. Rio Blanco County Planning and Development Depanment 317 E. Market (PO Box 599). Meeker. CO 81641 ofnce e70 E78 es80 o"" nror*J;J|t;. ;66}- Page 6 b. A duly authorrzed,attendant or caretaker who has the responsibilitl, to inform all tenants about means for summoning fire apparatus, the sheriff's office and resident empioyees. c. Open burning is not aliowed on any TLQ siie. d, Provisions for location of one or more approved fire extinguishers of a type suitable for flammable iiquid or electrical fires (clis B and class c), carbon dioxide or dry chemicar, in one or m.re open stations so that it will not be necessary to travel more than one hundred (100) feet from any iocation ln the TLQ to reach the nearest fire extinguisher. e. Sprinkier systems if required by the Rio Blanco Building code or the Planning Department. f. A water storage tank if required the Rio Bianco Building code or the Planning Department. 2. Bi-monthly inspection of the fire ararm and extinguishing equipment is required. Records of the inspection, ,r'r, be avaiiable forreview by the pianning Department. D. Waste Disposal 1' Bear-proof refuse containers must be provided for trash. At reast onethirty (30) gallon (4 cubic feer) conrainei must be provided for each unitor the equivalent in a centrar trash coilection faciliiy, These container(s) must be durable, washable, non-abso.b.nt metal or plasticwith righr-fitting lockrng lids. 2' For Type 2 and 3 TLes, a centrar bear-proof wire fenced trash storage site with a covered top may be used as an alternative to or inaddition to individuai containers. 3. Trash must be disposed of not less than once weekiy. 4' outdoor food storage is prohibited unless facilities that prevent theattraction of animals to the TLe site are provided. 5. Visual screening of trash facilities may be required. Rio Blanco County planning and Development Deparrment 317 E. Market (pO Box.599). Meeker. CO g1641 Offi ce 970 8 78 9-5 80 a* rr.rtJ;.:tJ. emailnianni n s, @, cr,. ri c,h ran co.co. us page 7 471.5 Reclamation A. The Applicant shall submit as parr of the TLQ Temporary 0r Special use Permit application, a reclamation and revegetation plan for each specific site satisfying the following requirements: 1. construction debris and waste materials. including, but not limited to structures, concrete, footings, sewage disposar systems and related infrastructure, water storage and related distribution infrastructure, roads, and other sand, plastic, gravel, pipe and cable must be removed. 2. Arlpits, cellars, and other hores must be backfiried and compacted as soon as possible after all equipment is removed to conform to surrounding terrain. 3. All access roads to the site and associated faciiities must be closed, graded and recontoured. 4. culverts and any other obstructions that were part of the access road(s) must be removed. 5. upon ciosure of a TLQ, wastewater tanks and leach fields must be completely pumped out and removed, Any waste matenar pumped from a wastewater tank or leach field or waste debns from tank and leach field removal must be disposed of at an approved facility that is permitted by colorado Departmenr of public Health and Environment (cDpHE) andlor Rio Blanco county ro receive said wastes. Materials may not be burned or buried on the premises. 6. A11 areas compacted by TLQs and subsequent operations must be cross-ripped. on crop land. such compaction alieviation operations shall be underraken when the soil moisture at the time of npping is below thirrl,-fiy. percenr (35Vo) of field capacity . Ripping itrattie undertaken to a depth of eighteen (1g) inches unless and to the extent bed rock is encountered at a shallower depth, Rio Blanco County planning and Development Depanment 317 E. Ma*et (pO Box -599). Meekir. CO 81641Office 970 878 9580 Fax 970 g7g 95gl email plannine(rco.no.hlanco.co.us June 25.2007 Page 8 B. AIl disrurbed areas affected by TLQ sites must be reclaimed as nearly as practicable to their onginal condition and shall be maintained to control dust, weeds and minimize erosion' Reclamation shall occur no later than three (3) months after termination of the TLQ unless the Planning Department extends the time penod because of conditions outside the control of the Applicant' c. For disturbed areas not regulated by the colorado oil and Gas conservation commission, the following regulations apply: i. Revegetation of crop lands. All segregated soil horizons removed iro, ..p fura*t utt be replaced to their original relative positions and contour, and shall be tilled adequately to re-estabiish a prgper seedbed. The area shall be treated if necessary and practicable to prevent invasion of undesirable species and noxious weeds, and to iontrol 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+rop lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long-term stability, and shall be tilled adequately in order to .itublith a proper seedbed' The disturbed area then shall be reseeded in the first favorable season. Reseeding with species consistent with the adjacent plant communrty is encouraged' In the absence of an agreement between the Applicant and the affected surface ownel 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 must be kept free of Rio Blanco County and State of Coiorado Lists A and B noxious weeds. E. Successful reclamation of the site and access road wiil be considered accomplished and comPleted when: 1, On crop land, reclamation has been performed as pel this section, and observation by the.Planning Department over two growing seasons confirms no significant unrestored subsidence. Rio Bianco County Planning and Development Department 317 E. Market (PO Box 599)' Meeker' CO 81641 ofnce e70 878 e580 t^^,orT:Jlt; ffial;@ Page 9 2. On non-crop land, reclamation has been performed as per this Section, and the total cover of live perennial vegetation. excluding noxious weeds, provides sufficient soils erosion control as confirmed by the Planning Department by a visual inspection. The Planning Department shall consider the total cover of iive perennial vegetation of adiacent or nearby undisturbed land, having similar soils, slope and aspect of the reciaimed area. 3. A final reclamation inspection has been compieted by the Planning Department and there are no outstanding compliance issues relating to Rio Blanco County rules, regulations, orders or TLQ permit requirements and conditions. 4. The Planning Department has notified the Appiicant that linal reclamation has been approved. 411.6 Miscellaneous Provisions A. This Section is not intended to be applied to emergency or disaster situations where temporary housing is necessary. B, If structures, requiring Building Permits under the Rio Blanco County Building Code, are constructed for the commercial, industrial, transportation project or mineral extraction operation related to the TLQ 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 TLQ is removed and the site is restored ro the satisfaction of the County Building and Planning Departments. C. TLQ sites must be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with all applicable federal, state and local iaws and regulations. D. Inhabitants of the temporary housing must be Applicant's empioyees andlor subcontractors, working 0n the reiated construction or mineral extraction operation. and not dependents of employees. guests or other family members. Rio Blanco Counry Planning and Development Depanment 317 E. Marker (PO Box 599). Meeker. CO 81641 Office 970 878 9580 Fax970 878 9-581 email planninS'@,co.no-blanco.co.us Iune 25.2001 Page 10 E. No animals are allowed at TLQ sites. F. If a permit for TLQ is granted, the Applicant shall notify the Counry when site construction begins. For Type 1 TLQs not requiring a Building Permit (recreational vehicles, motor homes and camp trailers) the Applicant shall notify the County when occupancy begins. G. As to Type 3 TLQs, on-site county emergency services and/or law enforcement staff may be required. The cost of such may be shared between the Applicant and Rio Blanco County. H. The Pianning Department shall have the nght to inspect a TLQ site, without notice, to assess compliance with the TLe permit. A determination of noncompliance with any Temporary Living Quarters, Temporary or Special Use Permit, or conditioned approval thereof, is grounds for revocation or suspension of said permit. i. TLQ Permits may include additional requirements as may be necessar)/ to onsure the health, safety and welfare of the pubiic. 471,7 Reporting Requirements A. when the need for a TLQ at a given location is ended and the TLQ facility and associated structures are to be removed, the Applicant will notify the Planning Department at least 10 days prior to removal. B, Each Applicant must submit an annual summary of rLQ use, January 1 throu-eh December 31, including number of persons housed in each TLQ. Reports are due by January 31" of each year. 411.8 Revocation and Penalties A. Failure to comply with the requirements or conditions of a TLQ Temporary or Special Use Permit may be grounds for revocation pursuant to Section 105 of Article V of the LUR or imposition of penalties or remedies pursuanr to Section 104 of Article V of the LUR. Rio Blanco County Planning and Development Department 317 E. Market (pO Box 599). Meeker, CO 91641 Offrce970 878 9580 Fax97O 878 9-581 email plannin!.@,co.rio-hlanco.co.us June 25,2007 Page 1 I RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT County Courthouse 555 Main Street Post Office. Box 599 Meeker, CO 81641 Ghecklist for Speeial Use Permits for Temporary Living Quarters (TLas) The following checklist is provided as an aid to completing an appiication for a SpecialUse Permit for a Type 2 or 3 Temporary Living Quarter . Please refer to the TLQ guidelines for additional details. Not all items will apply to every application. Type of TLQ appiied for: [ ] Type 1 Temporary Use Permit, (Use specific Type 1 Application Form) [ ] Type 2 Special Use Permit [ ] Type 3 Speciai Use Permit [ ] Pre-Application Meeting Date [ ] Compieted Application - Include applicant name. address. and contact numbers. site address or location. Submit 12 copies of the finai application. [ ] Required Application Fee - see fee schedule in the LUR Section 118' [ ] Statement of Need - anaiysis of available housing, include anticipated/desired starting date of construction and occupancy. [ ] Legal description/ proof of ownershipi authority: [ ] If owner is other than applicant. ietter of consent conveying authority to act 0n behalf of the owner and contract with owner. [ ] If on public lands, documentation giving proof of legal authority to use the site. [ ] Vicinity Map - a hardcopy and digital copy showing the relationship of the site to sunounding properties. roads, cunent surface ownership and other developments on a USGS 7.5 minute series quad map, [ ] Statement of anticipated number of occupants with time periods of higher and lower needs enumerated. Rio Blanco County Planning and Development Department 317 Market Street (PO Box -599)' Meeker' CO 81641 Office97O 878 9-580 Fax 970 878 958.I email nlanning(s)co.rio-blancoco us Page I July 25. 2007 [ ] Site Plan, hardcopy and digital copy. This plan shouid show the foliowing features as they apply to the sire: [ ] Location, dimensions. and height of all buiidings and other structures. For buiidings include elevation drawings. [ ] Setbacks, ifnecessary. provide documentation. [ ] Location of access points and roads. Include width and surface type. [ ] Parking, loading and vehicle maneuver areas, surface type. number of spaces. [ ] Stormwater facilities inciuding any curb, gutters, grates and iniets. retention or detention facilities, pipes, and drainage ditches. [ ] Irigation ditches, pipelines. and other easements. [ ] Underground and overhead utilities inciuding water, sewer, power, teiephone, gas, and septic tank locations Water wells or potable water storage Wastewater storage Solid Waste Faciiities Exterior iight fixtures Fencing, berms, walis and other screening devices or landscaping Fire hydrant or water source and capability for fire control Any natural features of note inciuding unusual topography, wetiands. floodplains. or vegetatron. Open space / recreational facilities Any other proposed improvement related to the TLQ. If multiple sites, provide documentation that required spacing is met. [ ] Statement of anticipated length of time TLQ wili be needed. | ] Names addresses, zoning and land use of adjacent property and mineral right owners within 2 miles, [ ] Necessary County building permits and inspections [ ] Colorado Division of Housing approval on portable manufactured buildings (includes skid mounted) [ ] Building Permit on site built [ ] County Road and Bridge permits [ ] Access Permit [ ] Oversize, Overweight Permit [ ] Utilities Installation Permit [ ] Estimate of costs to construct the TLQ, broken down between materials and labor. [ ] Site Security Plan - describe private security if planned. -'i?fffi ;:H:JJ'Hffi:r$il,,;'"'J#:%3?,tH*' Office970 878 9580 Fax9'7o -rt ?::l remail Flanningr.@co.noblanco.co.us Jull' 25.2007 [ ] In- house medicai and emergency medical services plan [ ] Sign Pian - at a minimum must be sufficient to direct emergency responders and must identify any special hazards [ ] Transportation Pian - including anricipated traffic. type and voiume Vanpooling or bussing pian Parking Design and Poiicy Company Driving Rules Expected impact on established roads ESAL equivalenr estimation [ ] Stormwater management plan [ ] Cafeteria facilities - ifplanned, include necessary certificares and licenses. Include details forfood storage. Water System [ ] Hauling of off-site potable water t I source and agreement with hauring company (must be cDpHE approved, supply registration number and certification). Description including number and volume of ianks, demand calculations. and frequency of deiivery [ ] on-site source - if well water is used by the TLQ, attach acopy of the appropriate well permitor other legal water supply information and CDpHE approval. [ ] Plan for compliance with testing requirements. Waste Water Systems [ ] rSDS System (inciudes septic tank/leach field and individualpackage planr sysrems) [ ] Counry Building Deparrmenr permit and Approval or [ ] Community Wasrewater Faciiity [ ] Permrt from cDpHE (systems over 2000 gais musr have cDpHE approval) or [ ] Hauiing Service - description inciuding calcuiation of demand. number and volume of vaults. name and license number of the haurer. and disposar site. For Type 2 and 3 faciliti show that: [ ] fSDS not feasible due to sire conditions [ ] There is regular year-round access Rio-Blanco County planning and Development Depanment 317 Marker Street (pO Box 599). Meeker. CO gl64l Office 97O 878 9-580 Fax 970 878 9581 email plarrningr-srco.rio-trlanco.co.us Page 3 Jul,r'15. 200r les vou must [ ] Agreement with hauling company including contact information and backup plan [ ] Disposal details. approved facility and documentation that they are willing to accept the voiumes anticipated. Fire Protection and Emergency Services [ ] Emergency Response Map- showing detaiied road access and mileage to the site from major public roads including gate information with iock combinations. [ ] Emergency Response Information - Provide name, address. and phone number, inciuding 24 hour number of at ieast 2 persons responsible for emergency field operations. [ ] Smoke aiarms as required by code or condition. [ ] Single station carbon monoxide alarm as required by code or condition. [ ] One or more approved fire extrnguisher, Class B or Class C. as required by code or condition. [ ] Site Fire Plan Waste Fire protection system Water storage tank specifications - if required Wiidfire escape plan Building egress Escape and meeting plan posted Disposal Bear-proof trash containers required Type and number of containers required. name of hauier.frequenc,v of collection. and disposal Centrai fenced bear-proof site [ ] Copy of trash hauling agreement Reclamation Plan - [ ] General reclamation plan for return to pre-development conditions [ ] Crop lands- include timing and seed mix or [ ] Non-Crop iands - inciude timing and seed mix [ ] Weed controlplan. Rio Blanco County Planning and Development Department 317 Market Street (PO Box -599). Meeker, CO 81641 Office 970 878 9580 Fax9'70 878 9.581 email planningt-9co.rio-blanco.co.us Page 4 .lui1'25. 2007 tltl site. OItl A copy of the foliowing should be submitted or be on fiie [ ] Company Drug and AlcoholpolicS, [ ] Company Firearms and Weapons policy [ ] House rules for the TLQ [ ] Company Driving Rules with the Counrl,: Rio-Blanco County planning and Development Depanmenr 317 Market Sreet (pO Box 599), Meeker. CO 81641offrce970 878 9580 Fax970 87g 95gr emair nranniner-sl,co.ric,branco.co.us Page 5 July 25. 2007 - Ghecklist for speciar use permits for Temporary LivingQuarters (TLes) Ri1?1r-r:o County planning and Development Depanment317 Marker Sreer (pO Box 599). fr4."t...-bO Sf O+lOfftce 970 878 9-580 Fax970 878 9581-.rnuli ,ilnning'-,i.o..in_flrn.o."o.r. Page I Juli,25. 2007 RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT County Courthouse 555 Main Street Post Office. Box 599 Meeker, CO 91641 The following checklist is provided as an aid to completing an appiication for a Speciai use permitfor a Type 2 or 3 Temporary Living Quarter . please refeito tni rr-q guideiines for additionaldetails. Not allitems wilj uppty to".ui,y uppticatioo. Type of TLQ appiied for: [ ] Type 1 Temporary use permit, (use specific Type 1 Appiication Form) [ ] Type 2 Special Use permit [ ] Type 3 Speciai Use permit [ ] Pre-Application Meering Dare [ ] compieted Application -^lnclude appiicant name, address. and contact numbers, site address orlocation. Submit I2 copies of the finallipfl.riirr.'rv1 svsreoor qr [ ] Required Appiication Fee - see fee scheduie in the LUR Sectron i 1g. [ ] statement of Need - analysis of avaiiable housing, include anticipated/desired starting date ofconstruction and occupancy. [ ] Legal description/ proof of ownership/ authority: [ ] If owner is other than appiicant' Ietter of consent conveying authority to act on beharf of theowner and contract with owner. J -'' [ ] If on public lands. documentation giving proof of legal authoriry ro use the site.[ ] vicinity Map - a hardcopy and digital copy showing the rerationship of the site ro sunoundingproperties' roads' current surface owne-rship and other developments on a usGS 7.5 minute seriesquadmap.-v'vlvHrllvlrlJvllaUJLJ'J/.JIllln[ jJr:t##:nt of anticipated number of occupanrs with rime periods of higher and tower needs - [ ] Site Plan, hardcopy and digitai copy. This plan should show the foliowing features as they apply to the site: [ ] Location. dimensions. and height of all buildings and other structures. For buiidinss include elevatjon drawings. [ ] Setbacks, if necessary. provide documentation. [ ] Location of access points and roads. include width and surface type. [ ] Parking, loading and vehicle maneuver areas, surface type. number of spaces. [ ] Stormwater faciiities including any curb, gutters, grates and inlets, retention or detention facilities, pipes, and drainage ditches. [ ] inigation ditches, pipelines, and other easements. [ ] Underground and overhead utilities inciuding water. sewer, power, telephone, gas, and septic tank locations Water welis or potabie water storage Wastswater storage Soiid Waste Facilities Exterior light fixtures Fencing, berms, walis and other screening devices or landscaping Fire hydrant or water source and capability for fire control Any natural features of note including unusual topography, wetiands. floodpiains, or vegetation. Open space / recreational facilities Any other proposed improvement reiated to the TLQ' If muitiple sites, provide documentation that required spacing is met, [ ] Statement of anticipated length of time TLQ will be needed. [ ] Names addresses, zoning and land use of adjacent property and mineral right owners within 2 miles. [ ] Necessary County buiiding permits and inspections [ ] Colorado Division of Housing approval on portabie manufactured buildings (includes skid mounted) [ ] Buiiding Permit on site built [ ] County Road and Bridge permits [ ] Access Permit [ ] Oversize, Overweight Permit [ ] Utilities installation Permit [ ] Estimate of costs to construct the TLQ, broken down between materials and labor [ ] Site Security Plan - describe private securitf if planned. Rio Blanco County Planning and Development Depanment 317 Market Street (PO Box 599). Meeker. CO 81641 Office9'lO 878 9580 Fax 97() 878 9581 email planninsfs)co.rio-bianco.co.us Page 2 .luly 25. 2007 t ] In- house medical and emergency medical services plan t ] Sign Plan - at a minimum must be sufficient to direct emergency responders and must identify any special hazards [ ]Tra nsportation Plan - inciuding anticipated traffic. type and voiume Vanpooling or bussing Pian Parking Design and Policy Company Driving Ruies Expected impact on established roads ESAL equivaient estimation [ ] Stormwater management plan [ ] Cafeteria faciiities - ifplanned, include necessary certificates and iicenses. Include details for food storage. Water System [ ] Hauling of off-site potable water t I Source and agreement with hauling company (must be CDPHE approved, supply registration number and certification). Description inciuding number and voiume of tanks. demand calculations, and frequency of delivery. [ ] On-site source - If well water is used by the TLQ, altach a copy of the appropriate well permit or other ie-eal water suppiy information and CDPHE approval' [ ] Pian for compiiance with testing requirements. Waste Water Systems I I ISDS System (includes septic tanUleach field and indivrdual package plant systems) [ ] County Building Department Permit and Approval OI [ ] Community Wastewater FaciiitY [ ] Permit from CDPHE (systems over 2000 gals must have CDPHE approval) 0r [ ] Hauling Service - description inciuding calcuiarion of demand. number and voiume of vaults. name and iicense number of the hauler, and disposal site. For Type 2 and 3 facilities you must show that: t I ISDS not feasibie due to site conditions [ ] There is regular year-round access Rio Blanco County Planning and Development Depafiment 3 17 Market Street (PO Box 599). Meeker. CO 81 641 office 970 878 9580 Fax 970 878 9581 email nlarrningrt'co rto-bianco cc' us Page 3 Ju11, 25. 2007 A copy of the following should be submitted or be on [ ] Company Drug and Aicohoj policy [ ] Company Firearms and Weapons policy [ ] House rules for rhe TLQ [ ] Company Driving Ruies file with rhe County: Rio BlancoCounty planning and Development Depanment3t7 Market Street (po B;x 599). v..t"i. bO sf o+roffice 970 878 9-580 Fax 970 878 9,58r .rnuii orlniini,i,"o.r;n_uun.o..o.u. Page 5 Jul1, 25. 2007 - Exhibit A Article X, Section 410, Temporary Use Permits for Oil 410.1 AIi drilling acriviries related to expioration and produc 6r natural gas in Rio Blanco Counry Planning and Development Depanmenl 317 E. Market Sreet (PO Box 599)' Meeker' CO 8i641 Office 97 O 878 9-580 Fax 97 0 878 9581 email olanning@crr-rio-blanco co us June 25. 2007 Page 1 Gas wells. Rio Blanco County whether on Federally owned, lndian owned, State of Colorado owned or privateiy owned surface iand require a Temporary Use Permit as follows: A. A separate Temporary Use Permit must be obtained for each new well before cornmencement of construction of the well pad. As to multi-well pads, a Temporary use Permit must be obtained for the first well before cofltmencement constructron of the well pad. For each Subsequent well on the multi-well pad, a Temporary Use Permit must be obtained before cornmencement of drilling. A Temporary Use Permit must be obtained for each new well notwithstanding the fact such well may be part of a Special Use License issued prior to the effictive date of this Section 410 or issued subsequentlY. B. Temporary use Permits issued pursuant'to this Section 410 are for a period of six months. A six month extension of the Temporary Use Permit may be obtained b)' application pursuant to Section 225 LUR' C. Temporary Use Permits pursuant to this Section 410 ue issued by the Planning and Develop-".rt Depar[ment pursuant to an administrative review process. D. All applicable taxes and fees must be paid before a Tbmporary Use Permit can be issued. E. All driiling activities rlust be conducted in accordance with all applicable Federal. State of colorado, and Rio Blanco county laws, rules,_ a,d regulations and including all required conditions of approval of the Temporary Use Permit. 410.2 Application Process A. A compiete appiication for a Temporary Use Permit as required herein, must be fiied with the Rio Blanco Planning and Development Department no iater than thirty days prior to the date of estimated commencement of operations with heavY equiPment. RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT Count5, Courthouse 555 Main Street Post Offrce. Box 599 Meeker. CO 81641 Application for Temporary Use permit Minor Temporary Living euarters (Type l) Type I Temporary Living Quarters are designated as facilities for 24or ]ess persons containedcompletely within a state or Federaliy reguiated p;;;iirr.h as an upprou"j coGCC welr pad)in which reclamation, restoration, and ,"u.g"tation *. ..quir"d by contract. This application,once complete and accompanied with supporting documentation, will be used for the decision forAdministrative Approva or the Temporary Use permit. piease allow 14 days before theanticipated start of construction for processing. [ ] Appiication for Temporary Use Permit for well pad (can be applied for con-currently) t I TUP Application Fee paid [ ] Impact Fee paid l.Ut#Hent of Need - include anticipated/desired starting date of consrrucrion and length of [ ] Legal descriprion/ proof of ownership/ authority:I ] If owner is other than applicant, letter of .orr"rt conveying authority to act on beharfof the owner and contract with owner.I I If on public lands, documentation giving proof of regal authority ro use the site.(Approved ApD) :rlj::::Int of anticipated number of occupants with time periods of higher and tower needs [ ] vicinity Map - .a hardcopy and digital copy showing the reiationship of the site to Hff,TSJHI;:Xf'"'' roadi' culrent iu.fuc. o*r"rririp-*a other dever'op*"nr, on a uSGS 7.5 [ ] Site PIan, hardcopy and digital copy.apply to the sire: I Location, dimensions, ard height of ail buildings and other srrucrures.] Parking, ioading and vehicre ,iun.rr., areas, surface type, number of spaces.] Pipeiines and other easemenrs.[ ] Underground and overhead udlities including water, sewer,and septic tank locations This plan should show the foliowing fearures as they power. telephone. gas. [ ] Potable warer storage R,.",9,:r:9 9""n-t1, planning and Developmenr Depanmenr oro.. r ro r'r', !ri'i-i;l ;",8Uf ?.*?- ;::li y,.,"1.,,; ; g,:i :iJ,,, ", .,,,iul-r 26. 2007 paee l - wastewater storage Exterior light fixtures Soiid Waste Facilities Any natural features of note including unusual topography, wetlands, floodplains, or vegetation. t I Any other proposed improvements related to the TLQ. [ ] Type (s) of Buildings to be used - [ ] Recreational Vehicles (RVs) Number New - Used [ ] Modular Number New- Used- [ ] Emergency Response Map- showing detailed road access and miieage to the site from major public roads inciuding gate information with lock combinations' [ ] Emergency Response lnformation - Provide narne, address, and phone number. including 24 hour number of at least2 persons responsibie for emergency fieid operations. I Smoke Alarm in each housing unit. I Single station carbon monoxide alarm in each housing unit. ] One or more approved extinguisher. Class B or Ciass C, in each housing unit' [ ] Sign Plan - at a minimum must be sufficient to direct emergency responders and must identify any special hazards. [ ] Necessary County building permits and inspections [ ] Colorado Division of Housing approval of buildings t I County Building Permit [ ] County Road and Bridge permits [ ] Access Permit [ ] Oversize, Overweight Permit [ ] Utilities lnstallation Permit [ ] Anticipated traffic, type and volume [ ] Vanpooling or bussing pian [ ] Expected impact on established roads t ] Water System -source and agreement with hauling company (must be CDPHE approved, supply registration number and copy of the certification) [ ] Sewage and Wastewater System - description including calculation of demand, number and volume of vaults, name and license number of the hauler, disposal site. [ ] Stormwater Management Plan - if not aiready required by the permitting authority' [ ] Reclamation Plan - if not already required by the permitting authority. [ ] Revegetation Plan- if not aiready required by the permitting authority. [ ] Weed Control Plan - addressing interim and final weed abatement. Rio Blanco County Planning and Development Depanment 317 E. Market Street (PO Box 599), Meeker. CO 81641 Office 970 878 9580 Fax 970 878 9581 email nlannjns(@co.rio-blanct).ct)'tts Ju11, 26. 2007 Page 2 A Copy of the following should be submitted or be on file with the County: Company Drug and Alcohol PolicY Company Firearms and Weapons Poiicy House rules for the TLQ Companl,Driving Rules Rio BIanco County Planning and Development Depanment 317 E. Market Street (PO Box 599). Meeker' CO 81641 offtce9.708789580Fax970878958]emailniannjng(g,crl-rit'b]anco.ctl.usjuly 26. 2007 Page 3 'i.- | r I G 2007 gnrfuff C.oun ty Qu\fic t{ea{t {t Environmental Health complaint/concern Report DateReceived 'l l+/0L Reportnumber Complainant Name ,f P^A^ Address Teiephone Complaint Against Address Telephone ?7c- ZGz ^ z,h i t Nature of Complaint d"j ComplainlDetails - OXY USA WIP LP A subsidiary of Occidental petroleum Coroorairon September 26,2006 Garfield County Building & Planning Departmenr Attention: Mark L. Bean 108 8th Sffeet, Suite 401 Glenwood Springs, CO g1601 Subject:violation of Conditions of Approvar for SUp for a camper park Reference: Letter of Same Subject from M.L. Bean Dear Mr. Bean: 1. 2754 Compass Drive, Ste 170 Grand Junction, CO 81506 to D. Dennison dated 9/20/06 ,t CIXY \,'/ This letter is in response to the above-referenced letter regarding the violations of the conditionsof approval for the Special Use Permit for camper pa.ts?ssr"d to oxy usA wTp Lp (oxy)earlier this year' oxY takes this matter-very seriously and, as detailed below, has irnplementedimmediate corrective actions to rectify the violatio.r, obr"ru"d and to preclude their recurrence. Immediately after the visit to the JC Excavating and Darbo camps by Jim Rada, Garfield county,on septembet 14' 2006, oXY took immediate actions to corect the deficiencies. The actionstaken include - 2. J. 4. 5. Immediate direction was given to an oXY subcontractor to replace the sewage vaultsat both locations with the correct vaults and to ensure that all connections between thetrailers and vaults a-re secure and leak-proof. As a result, the vault at the Dalbo campwas replaced with the vault, including alarm system, ,p.ifi"a to the coun,y ura arof the connections have been replacei and/or repaired. Due to their diminishedworkload, JC Excavating has vacated their camp, ard tt e vault and water system andother appurtenances have been removed from the site.similarly' immediate djrection was given to Dalbo to replace all of the potable waterhoses with food-grade hoses and to Jliminate the electriiut *iri.rg that was runningnear the potable water tank' All of the hoses nru. u..or.pru..a and the electricalwiring has been re-routed. Dalbo was also instructed,to clean up the spare parts and other debris scattered acrosstheir camp, and the camp has been cieaned up.oXY has taken immediate steps to assign responsibility for routine monitoring andinspection of all camper parks to one of our E^nvironmental Specialists to ensure thatall camps are established and operated in accordance with the appricablerequirements. oXY has also retained the services of a professional Engineer (pE) ricensed incolorado who will certify that every camp is establish"jin u""ordance with the - October 5,2006 Page 2 applicable requirements. This engineer will also certify that the changes outlined ubor" for the Dalbo and JC Excavation camps have been completed. This certification will be forwarded to your office no later than October 15, 2006. On behalf of OXY, you have my assurarlce that we take this matter very seriously and have taken and will continue [o take all steps necessary to ensure compliance with the conditions of the SUP with Garfield CountY. If you have any questions regarding this matter, please call me at 970-263-3630 or Doug Dennison at 97 0-263-36 1 1. Sincerely, w,44,(e Bill Heller Operations Manager Cc: Jim Rada, Garfield County Environmental Health Doug Dennison, OXY C:\Documenrs and Settings\trellerb.NAOXY\Local Settings\Temporary Internet Files\OlK2OMancamp Violation Letter Response.doc ,t CI)(Yv OXY USA WTP LP A subsidiary of 0ccidental Petroleum Corporation 2754 Compass Drive, Ste 170 Grand Junction, CO 81506 September 26,2006 Garfield County Building & Planning Department Attention: Mark L. Bean 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Reference: Violation of Conditions of Approval for SUP for a Camper Park Letter of Same Subject from B. Heller to M. Bean dated 9126106 Dear Mr. Bean: This letter is in follow-up to the above referenced letter regarding violations of the conditions of approval for the Special Use Permit for Camper Parks issued to OXY USA WTP LP (OXY) earlier this year. In that letter, OXY committed to having a professional engineer (PE) certify that all of the violations have been resolved by October 15,2006. The inspection by the PE was conducted on October 13, 2006 and the report of this inspection will be forwarded directly to Garfield County by the engineer. Based on a verbal report from the PE, it appears that all substantive issues identified by Garfield County have been resolved. Any additional issues identified in the engineer's report will be promptly addressed by OXY and resolution of those issues will also be documented to Garfield County. As a result of this situation, OXY has initiated a lessons-learned evaluation of the establishment of our initial-mancamps so that these conditions will not occur in the future. OXY appreciates the assistance of Garfield County, particularly that of Jim Rada, in resolving these issues. If you have any questions regarding this matter, please call me at970-263-3630 or Doug Dennison at 97 0-263 -36 1 1. Sincerely, ru Rick Foppiano Regulatory Manager Jim Rada, Garfield County Environmental Health Doug Dennison, OXY Bill Heller, OXY Cc: s70 243 2525 OXT USA WTPI-P 970 2 OXY USA WTPLP 970.243-2515 OXY USA WrP LP A subsidlary of 0ccidental Pelroleum Corporation 04:52:44pm. 11-10-2006 AlIXYv 2754 Compass Drive, Ste 170 Grand Junction, CO 81506 FAX COVER SHEET TO: Fred Jarman & Jim Rada COMPANY: Garfield County PHONE:FAX: 970-384-3470 & 970-625-4804 SUBJECT: Camper Park Follow-Up FROM: Bill Heller OXY USA WTP LP Rocky Mountain Asset Team PHONE: 970-263-3600FAX: 970-243-2SZs DATE: November 10, 2006 Total Pages (including this cover sheet): 2 Original will be mailed. s7 0 243 2525 OXT USA WTPLP 970 2 OXY USA WTPLP 970.243-2515 04:52:51 p.m. 1 1-10-2006 ,AoxYv OXY USA WTP LP A subsidiary of Occidental Petroleum Corporalion 2754 Compass Drive, Ste 170 Grand Junction, C,0 81506 November 10,2006 Garfield County Building & Planning Department Attention: Fred Jarman 108 Sth Sffeet, Suite 401 Glenwood Sprirgs, CO 81601 Subject: Violation of Conditions of Approval for SUP for a Camper Park Dear Mr. Jarman: This letter is in follow-up to the above referenced letter regarding violations of the conditions of approval for the Special Use Permit for Camper Parks issued to OXY USA WTP LP (OXY) earlier this year. As noted in the letter from Craig Meis, PE, to Jim Rada, Garfield County Environmental Health, dated October 18,2006, OXY retained the services of Mr. Meis to inspect the camper parks on OXY property. ln that letter Mr. Meis identified deficiencies at two of these camps, the Dalbo and CalFrac camps, that need to be resolved. The purpose of this letter is notify you that OXY has conclucted an internal inspection of bottr camps and verified that these {eficiencies have been resolved. We are in the process of scheduling a follow-up inspection by Mr. Meis for the week of November 73,2006 to verify that these issues have been resolved. The results of that inspection will be forwarded to Garfield County. Thank you for your patience ancl if you have any questions regarding this matter, please call me at- 970-263-3630 or Doug Dennison at 970-263-361 1. Sincerely, flr/4 //uAau' Bill Heller Operations Manager Cc: Jim Rada, Garfield County Environmental Health Doug Dennison, OXY Bill Heller, OXY RickFoppiano, OXY 212 826 21'lz Rd. Grand Junction, CO 81505 T 970.263.7800 F:970.263.7456CoRDILLERAN October 18,2006 Mr. Jim Rada Environmental Hsalth Manager Garfield County Public Health 195 W. 14ft Street Rifle, CO 81650 RE: Inspection Summary Report of Mancamps O}(Y USA WTPLP Garfield County, Colorado Dear Mr. Rada: This letter report summarizes the results of the compliance inspection conducted by Craig Meis, P.E. with Cordilleran Cornpliance Serviceq Inc. (Cordilleran) on Friday, October 13,2006, of the three existing mancamps operated by oXy USA wTp Lp (oxy) under a Special Use Permit by Garfield Counfy, Colorado. Mr. Delbert Dowling with Oxy accompanied Mr. Meis during the inspections. Cordilleran was retained by Oxy to conduct a oompliance inspection associated with their three mancamp facilities as a follow up to a previously conductd field inspection by Oxy and Garfield County Public Health personnel that identffied several deficiencies. A request by Garfield County Public Health that a rqistered Colorado Professional Engineer conduct the follow up inspection rezuhed in Cordilleran being retained. The purpose ofthe compliance inspection conducted by Cordilleran was not only to evaluate whether the previously identified deficiencies have been resolved but also to inspect all other stipulations as included in the Garfield Comty Special Use Permit (SUp) and evaluate the overall environmental, health and safety nspects ofthe *pr. Two attachments to this letter report include a photo log and the field data sheets recorded the day the inspections took place. For prrposes of this summary report only noteworthy or action items are included in the following zubsections for each mancamp. Auached field data sheets go irno greater- detail outlining items that were specifically inspected for. JC Excavafing Mancamp (oxy Federal 23-ls located at htW Sw, sI5, T6s, R97w) o Two small travel trailers on-site neither being used and both are ready for transport offlocation. All utility services to trailers have been disconnected and removed- Cordilleran Compliance Services, Inc. Grand Junction, CO. Denver, CO. Casper,Wy. Laramie, Wy. Lander, Wy o Sewage vaultand appurtenances have been removed from site and former vaultIocation backfilled. ' I'550-poly potable water tank, power generator and diesel fuel tank were all stillon-sitebut were not operating or connected to the trailers at the time of thernspectlon. ' None of the compliance related issues identified previously by Garfield countyPublic Health are applicable due to the current status of the JC Excavatingmancamp' Mr' Dowling was unaware of any plans in the near future to utilizethis site for a mancamp. calfrac Mancamp (cascade creek 609-33 rocated at NW sE, s9, T6s, R9^M) ' cordilleran is unaware of any compliance related iszues associated with theprevious inspection by the Garfield^ county p"uu" H"urth personner.o The 2-inch PVC vent riser on the south sewage tank was broken. Stallionpersonnel on;?ih { lime of inspection were glirgi" repair by using 2_inch hoserather than PVc similar to nortir sewage tank which is appropriate considering theuse of the tanks. ' oxypersonner nulurq*oriatery rabered the water and sewage storage tankcontainers for confined,pu"" ""ty' section 5.02-05 (2) of Garfierd county,s review standards for a camper parkindicates the site sha, be free of standing water;;;,'" adequate drainage.cordilleran recommends that additionalbu".r u" pru""a o, Iocation in vehicletravel and parking areas adjacent numcamp facilitils to minimize the rills beingcreated by tire traffic and reduce offsite ".tirrr".rt ourpo.r.r section 5-02-15 (t) (B) indicates that nominar inside diameter of sewerconnections shall be at least 3-inches. The calfrac Mancamp is currently using 2-inch flex poly ho,s: to prrmp sewage from portabt" so*ps at each hailer to thesewage tanks' This code requirement-il nresumea uy ioraiueran to u" uppri"uur.only in a gravity flow circumstance wnich is not the situation at this site. The 2-inch flex poly hose employed in this p.ssured coll"riio, system application isappropriate. ' Two 2'000-gallon aboveground werded steer sewage tanks were on location toservice the five toailers consisting "-{pq buJ;o;; f,* *il"o, two fifth wheelsupervisor trailersa_and one oxy r.iuiogz"o-pt;;-d*-an trailer/offi ce. Astipulation of the suP is that no *or. ttu, t^ro t ail.s will be connected to one1,O00-gallon sewage tank therefore with a totJ ;"G; capacify of 4,000_gallonsfor five trailers this requirement is being met.' High level alarms on sewage tanks were not installed at the time of the inspectionbut stallion personnel on-rit. at the time orthe i"r;;" indicated they were onorder and would be installed * ,oo, as received.o section 5'02'13 (l) indicates that all sewer and water lines will be located toprevent them from being struck by vehicles and wil have a horizontal separationof 10-feet' while aII lin-es *." o6r"*d to be out of vehicre traver corridors the10-feet of horizontal separation ir-"irt uffy i*p"*iil glirr* the type of facility.This provision makes sinse in up.r-*"nt camp or.rro-bil" home park apprication E06387 CoRDTLLERAN CoMpI.rAJ\lce SenvrcuUNc GRANDJUNgflo\ CoroRaoo - where 1ines are buried and this separation helps avoid any possible cross contamination but is not practical in &is application with a temporary mancamp and having all surface lines. Any potentialieaks are Suickly *d:*itl detected in this applicatioq firrther no hose connections, which would be the highest probability of cross contamination poin! w"re Ytn the l0-feet separation standard. It is Cordilleran's opinion that although the water and sewer lines do cross, efforts to minimize theii crossing and ,ort " sure adequate separation is maintained at hose connections will ensure the intent of this provision is being met. . Food grade water supply lines had yet to ue insta{ea.at the time of the inspection' Stallion p".ro*"t ";;;indicatingihat the hoses had been ordered and would be installed as soon at received' o A free standing propane tank was recorded adjacent one ofthe fifth wheel trailers presumable folprop*" service to atrailer furnace and hot water heater' This tank however was not secure and could easily tip over causing a potential safety and fire hazard- cordilleran recommended that this bottle be secured to ensure that it does not fall over accidentally and cause a potential incident' o Cordilleran recorlmended Oxy consider using the potable water for nonconsumptive purposes only considering the ample supply of bottled water available for consumptive purposes and that signs to this effect be placed in the trailers. This would minimize the potential risk of bacterial ingestion and minimize some of the water chemistry monitoring and concems about water supply line types aud proximity to sewer line stipulations' Dalbo Mancamp (cascade creek 608-41 located at NE NE, 58, T65, R97W) o Two Fralo 1060 poly sewage vaults had been installed with one of the historical poly sewag. ,u,ritt ttitt ooiit" but not in use. Lids on both Fralo vaults were open which needs to be corrected and both had overfrll alarms installed and operational. Inlets on both vaults need to be watertight and a watertight vent pipe added on the end of each vault which will plug the current opening' Further, the eastern most sewage vault appears to have been damaged during the installation making the abilitylo add a watertight vent difficult. This vault may need to be replaced. r Horizontal separation stipulation between sewer and water lines is also a problem but not a concern as stated previously forthe Calfrac Mancamp' . Food grade water supply lines had been recenfly installed with all lines freeze protected and color coded. . Free standing propane tanks were also noted- Dalbo personnel were curing this problem Uy recuri"g these tanks while the inspection was taking place. o Electrical cords were separated from utility hoses and pipes and no open electrical connections were noted between the power distribution source and the trailers. o Section 5.02.05 (2) of Garheld County's review standards for a Camper Park ' indicates the site-sirall be free of sanding water and have adequate drainage. Site photos taken during the inspection illustrate how poor the stormwater drainage is ut tt ir location. Cordilleran recommends that the site be graded to direct ConoLLsRAN Comrulxcn SERvICES, INC' GRAND JuNcnoN, CoLoRADoE06387 stormwater runoffto silt/sediment traps to allow for adequate site drainage whilecontrolling sediment tansport. Signihcant water accurnulation on this Iocation iscausing significant operati onar anJpotenti"r *[ty concerns. Action Items Surnmary l ' JC Excavafing Mancamp - If facility is not to be used in the future than thepotable w_ater tank, generator and appurtenan"u, .* be removed.2' calfrac Mancamp - Fix 2-inch veniii* on *ril"* sewage tank.3- calfrac Mancamp - Additionar graver i, t*ffi;;d vehicre parking areas.4. Calfrac Mancamp _ Install food-gade *"*;pply lines.5' calfrac Mancamp - Insta, high revel arauns or--L*ug" t*t.6' catfrac Mancamp- secure alrree rr."ddp;;; tanks. 7 ' Dalbo Mancamp - stormwater drainage " ri,lo.iIt addressed by grading anddirecting storrnwater to silt/sedim*t frpr. -d"rJil.*, would u" ,i,ittirrg tosupply Oxy wirh a typical design drawing "f;-;; ifneded.8' Dalbo Mancamp - Eastern sewagerault to be replaced or repaired due toapparent backhoe damage. vauri shourd be watJrtight withlids r""*"tyfastened a water tight sear added to the inlet, arJu vent pipe added.9' Dalbo Mancamp - westem sewage vault to be water tight with lids secureryfastened, a water tight sear addedl th" id"t;;; vent pipe added.l0' Dalbo MancaTp- Empty and remove historical sevrage vault on location withexcavation to be backfilled and reclaimed. I l. Dalbo Mancamp _ Secure aII free standing propane tanks. cordilleran appreciates the opportunity to-provide professional engineering services toGarfield county Pu,llic Health *a o*y. pl*r" ao ,oi t xtut" to contact myself shouldyou have any questions or corrments regarding this letter report. Sincerely, CordilterXp Compliance Services, I nc.fjt'>/t //clfie J. Meis, P.E. Piincipal Engineer Attachments - photo log Field Data Sheets cc: Doug Dennison _ Oxy File :$i,s CoRDTLLERAN CoMpLrANcr SrnucrsJl.rc GRAND JuNcrroN, CoLoRADo Attachment I Photo Log 806387 ConnunRlN CoMrLTANCE SERvrcE$ lNC. GRAND JUNCfl oN, CoLoRADo Phdo 15 - Dalbo L{mcry Generat site phdo oftrailers. Note rmsecure propme bottles. Photo 16 - Dalbo tvtancary Fiffh sfieel trailer md 80-bbl pohble wau 'z L- N& all unEter lires md ' 'rk frtrzs prot€cted. CoRDrrr.ERANCo nlAlccEsERvrcrsr INC. GRAFID JtlltcrloN, Coloruoo second Fralo seunage,^,- .""ffiffiffi:ffi ffiffiffi @ElrrJ^EnAN cormrrrxcs@ lnE G?A!$D JUNCNON. COLORADO H ii-lEI i_.8 operrionar dircr *, #om :i;ffir-ffi conDrlr.unar{co@ GRanD Jt NcnoN, Cor,on loo - 806387 .., '.::,., Area between ".*r* ffi*tffiffmt ; officerha,er. *--*r"r.*,"rJ*ffi3ilffi - 'rF ---:.a-.''.'= cof,Drr,trnAlr cormulrvcsmcs, Erc. GhAIw JT}NSIIoN. coLoRADo - l;:,1- l,i iIt_, E06387 ffiffi E# EIIls :rr- i tl ii ': ij .r- ii ,l J S;': phop 7 - cateac lfficmp rrn.{ Two sew4ge sfiorage hks f"del -A-JJp"t Uf" s4@ryrank (blue). 806387 Cono GhAtD JIrNCaros{, CoLORADO - ^r,**," **"**t#Bi,- mffil,J;ffi la-.i1,- phdo3_IC Presumed tocaim o'fpastsen'age rrautr iqo sign ofprevious rocdion Cono GMND Jt NgrroN, CotoRADo H Panoramic view or site *#m-mffi .r; ;;;. E06387 ih.t" i - m-*i.a#ffi']ffi;=src Tqo fiavet tnaiter:s o rr*ioiffiiJil.p"r, PolVumertakand Photo2- ermorsi[ on site brnmcmneil totnailss or** earo&r*cno*,coiEiil H Attachment 2 Field Data Sheets E06387 CoRDILLERAN CoDrpLL${cr Senvrcrs, tNc GRAND JUNCTI0N, CoLoRADo - JC Excavating Item source and coldensate tanks are self contained access to & around site 'rash, weeds, debris, extran*r" r.hi.L 3,000 gatton tank ISTO € Tank condition Tank closed/lid in Tank piping size & r"t"rirt min. = 3", durable, non_absorO"ntlr*n & connections to -tautt type A size G not coEtant is open, no liO ln tank inGG & o,.dret#;ffi neeoto be crr@i Site lssues/Notes 0r0 - t74Lt / ae,vsr.Lti,r-ra;<u2 Item between ternporary quarters G between any ignition source and conO"n*t"EnL"75 feet ! Zaoare self contained Gc,r trclearalrce around access to & around site erdraneous vehicle 3r--rs "^*r"l-aTankshe i ---rF--- *- ZoaC-> e q-- ,+S-f* E)<c_e LL-e ,u-r (Nev*l Tank closect/lid in f. <- 1*,0,a/ (ySTrailers pertank 3fo max=2 Sr.r & connections to rh PoSl Biiz_ iBLE ,LEA) 'FtLi e-* )LE .,5 c)( l-, Calfrac Site lssueVNotes c tll c- utx-ry oF Sg;.zn<;E- ,qrtt- C)rJ E E:.]l*,<\'-7A,vL "/ t)r,lt-LiU E.o- TAil "-l<|a.,b iry'6 Item source and condensate tanks are self contained clearance around access to & around site t ilflGE <-o*ii*^Z".r Tank closed/lid in TFnr piping size a maerial --=17-rZ ing & connections to l"aksorsewageon@ yault.type a sizeE not6Ect tank is open, no lidln lanF intets e-offi arenA tant not equidElvrfli;# neeotooee@ilE water-@ corus entandE inEG -