HomeMy WebLinkAbout2.2 Staff Report PC 9.12.07I
PC Exhibits (9 / 12/2007)
Exhittit
Letter
ILtoZ)
Exhittit
A Garfield Couniy Zoning,Regulations of 1978, as a@
B Staff Memorandum
C Application
D Resolution 2006-108 Amending Section 5.02.21 - 11-13-2007
E Drafffiemporary Employe. Houting - duted 8-2
F Draft Sectio, 5J2.21 ' Maior Temporary Employee Horlrng - dut"d 8ffi
G Memo from Andy Schwaller regarding issues expressed from the 5-9-2001
Planning Commission meeting, dated 5-14-2001
H Memo from the Grand Valley Citizens Alliance, dated 5-9-2007
I DPHE regarding the state Labor Camp
Regulations of 1968
J Comments from Industry Representatives, date!l ]I-20U
K Email from Dean Smith with the CDFS, dated 6-19'2001
L ffieGarfieldCountyPublicHealthDepartment,dated6-
t5-2007
M Email from David Pesnichak of the Garfield County Planning Depanment
requestins comments on attached Draft Section 5.02.22, dated 6-12-2001
N Email from David Blair of the GVFPD, dated 7-18-2001
o @B1ancoCountyTemporaryLivingQuarterregulationsand
related materials, dated 6 -25 -2001
P Enrirormental Health/Concern Report Submitted by Jim Rada of the Garfield
County Public Health Department, dated 9-14-2006
a
grnalt f.oni tir" nada of the Garfield County Public Health Department, dated 8-6-
2007
R
ea1thandEnvironment,WaterQualityControl
Division, Primary Drinking Water Regulations (Amended January 19, 2005),
Section 1.2
S
ffisnichakwiththeGarfie1dCountyPlanningDepartmentdated
8-t7-2007
T Memo from Doug Dennison of Cordilleran Compliance dated 8-11-2001
U Att ndanc" list and notes from the August 22,2001 meeting regarding Temporary
Employee Housing regulations
v Emait from Todd AnErson of the Colorado Department of Local Affairs, Division
of Housing, dated 8-29-2OO7
w Letter from Jock Jacober, Planning Commission Member, un-dated
x S"ctl", 5^0221, Maior Temporary Employee Ho
Y Sectio" t\Ln, Minor Temporary Employee Housing fecility - dated 8-:0
Z Sectlon S.O).23, Small Temporary Employee Housing fu.itlty - aut"A S-30
44 n/o 7
4raqo( Cq-o)71,=/oT
PC 9/1212007
DP
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT (OWNERS):
REPRESENTATIVE:
Amend the text of Section 5'02.21, 5.02.22 and
5.02.23 of the Zoning Resolution of 1978, as
amended regarding "Temporary Employee Housing"
Board of County Commissioners, Garfield County
Garfield County Planning Depaftment
I. BACKGROUND
On November 13, 2006, the 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 loiations. This direction is based on an interpretation from th.e_Colorado Attorney
Gen6ral,s office that the Colorado Oil and Gas Conservation Commission (COGCC) does not
regulate housing located on well pads. Since GarJield County employs exclusionary zoning, unless
oirfieto County-adopts regulations addressing this kind of housing in some fashion, it is in effect a
prohibited land use.'Atthis point, anyhousing tnat is located on well pads is illegal unless it.has
been issued a Special Use permit under Section 5.02.21 or the facility houses four or less
employees, contractors or subcontractors.
The context of this direction from the BOCC to Planning Staff is underscored by a November 2006
amendment by Williams Production RMT which changed Section 5.02'21 (See Exhibit D) to
accommodate manufactured homes and campers for use as temporary employee housing
(Resolution 2006-10g). The revision of section 5.02.21 was effective in all zoning distric_ts and
includes provisions foi temporary employee housing by resource extraction industries. This Special
Use permit process requires at ieast one public hearing with the Board of County Commissioners
and typically takes 60 - 90 days of review from the date of Technical Compliance.
Since November 2006, County Staff has worked with industry representatives, interested public and
relevant government officialsio establish regulations that accommodate a timelier and less staff
intensive process for "essential personnel" facilities on oil and gas extraction locations. The
amendments proposed to the planning Commission on Augusl8,2oo7 divided the regulations into
Major (Special Use permit) (See fxniOit F) and Minor (Administrative Permit) (See Exhibit E)
permittinb processes. As our current Zoning Resolution is not written in an industry specific manor,
Staff does not recommend and has not drafted regulations which are specific to the oil and gas
industry.
per planning Commission comments expressed at the August 8, 2007 Planning Commission
meeting, Stitt netO a meeting on August
"22,
2007, which was open to the public, to discuss the
variouJoptions avaitable to legulate Temporary Employee Housing facilities (See exhiblt u t-o1
attendance list and notes). Below is a listing of the main topics discussed at the August 22,2007
meeting:
1. Building Permit issues - Many housing facilities used by the oil and gas industry do not
currenly meet the Gar.field County building code. Various oil and gas industry
,epre.ehtatives have expressed that a large expense of money and time are required to
8t3U2001 - 1 -
bring the current units up to code. Of primary concern are the Garfield County snow loads
and fire sprinkler requirements.
2. Definition of "Maximum Occupancy'' used in draft regulations - Discrepancy of interpretation
regarding regulatlng maximum number of people at a site versus number of beds to occupy
individuals. lt is Staff's interpretation that a bed count is necessary to determine the
"maximum occupancy'' of the proposed facility. On the other hand, oil and gas
representatives have stated that their interpretation is calculated by the number of bodies
represented in the permit, not by the number of beds within the proposed facility.
3. "Compromise Option" - Option developed by Planning Staff which combined "Option 2 -
Use by Right with pedormance standards" with minimal submittal requirements as proposed
in the lndustry comments dated August 17, 2007. This option is now presented to the
Planning Commission as Draft Section 5.02.23.4. lncrease Occupancy Limits - oil and gas industry representatives requested higher
occupancy limits for Small Facilities, Minor Facilities and Major Facilities.
Following the August 22,2007 meeting, Planning Staff is recommending a three level permitting
system based on location, duration of time at location, review agency, and maximum occupancy of
the Temporary Employee Housing facility. An outline of these levels is as follows:
-'*T
mporeryEmpi;teeEousfig
PlEniling Commission MeetinE * Seplernber 12,2OA7
Outline of Prcposed Section 5.02.21. 5-A2.22. and 5.02.23
Maior Temporary Employee
Housing
gsf,tion 5.82.21
Anv Zon€ Ai$t.ict
On ar Off sl*le 0r fedsrBlly
pon*itted s.i'l€
Over one year rrjith anlTual rsvie$
i
Definition of "''Iemporary" j if vautl"afid"haul wastswatar is
ll{inor Temporary Employee
Horsing
Sectiofi 5.02.12
Aily Zon* Oistrict
CompietBly contained roilhin a
state or tederaltry permited 5it€
in i,n/irici-' .r€clarnati(,n and
revegetafi0n are secured 1,Yith
Small Temporary Emplo,r€e
Housing
Section 5.02.23
Compleleiy contained r\4thin a
state c!" iEC*ratly p€rmitscl site
rr ivhich reclarl,aiion and
revsgElation are $ecure\j witf!
orogoseC then limite$ tc. 0$e
Revierlr/lssuin g *epa rt{r,ent
Special Use Fer:njl
Revio$red by PlanninQ
0epatment
Penflil lssued by BOCC
Ackninistrative Permit
Hevieled by Planning
Desa.trnent
Permit lssu€d by Plannins
Director
Use by Right * wi Perf. Stand.
noviswsd by Building
Sepsrtment
Occttpancy Limatations
(based on nilmber of b6d$)Underslccd Ind. fi*c
1$+
Slall flecommertdatiOfl * 7'24
Ulld€;siood Ind. ,1er
oB 13-50
Undersi60d Ind
ndatton(1-$ , ,
. Eec. * 1"12 OH I
As is noted in the chart above, representatives from the oil and gas industry are recommending that
higher occupancy limits be adopted for the following reasons:
1. Because occupancy is to bedetemuqq laqe{qn hcdg.Irot individqqls. At the August 22,
2007 meeting, oil and gas industry representatives expla-hedlhat their personnel hold
alternating two week shifts. Since crew members typically do not rotate beds, to
accommodate a constant crew of six individuals, the facilities need to accommodate up to
twelve beds.
8/31/2007
Loc*tion
Lrnrted to cne yesr tirfliied to sne year
(,Y
-2-
2.Due to a recent interpretation of the Colorado Department of Public Health and Environment
(CDPHE) Water Quality Control Division, Primary Drinking Water Regulations, it is the
understanding of Couniy Staff, based on conversations with the Garfield County Public
Health Department and CDPHE Staff, that most likely all of the Temporary Employee
Housingfacilitieswillnotberequiredtoobtain@[yrua1e-rSupply.
ffii1andgasindustryrepresentativeshavepointedtotheothenruise
arbitrary nature of the 25 bed cut-off between the draft Minor and Major Temporary
Employee Housing regulations as reason to increase this breaking point to 50 beds.
of a Temporary Employee Housing facility will need to obtain a state
ISDS permit when tlie facility Eodutes 2000 gallons of wastewater f'er day. Since the
Tumpordrv gmptovee HousingTa6iliGs are to be occupied 24 hours per day, 7 days per-r/smpor€itJ7 Employee Housi n g , 7 days per
week and'many of the proposed housing facilities have laundry and dining services, Staff
has interpreted the wasteryater prod!.lgliol to b9 Pe family residential
unit per the Co rnes on I Sewage
wastewater production. Based on this rate , a Temporary EmPloYee Housing
facility will need to obtain a gle e Permit from the Colorado
Department of Health at a caPacitY,Herrce, Staff views the breaking
point of 25 personnel (counted in on State wastewater Permitting
standards.
It is Staff's opinion that increasing the occupancy limits would
i1[erms of impacts to neighboring pro]perty'ownerq, particularl-v in the more populous zone districts'ffir-ffirt-rna-offiiib-dppr'ecntes trY
repres6ntatives have presented for raising the limits, the changing of shifts for a two week period of
time is primarily related to the oil and gas industry (and possibly just a few companies within the oil
and gas industry) and hence is not appropriate reasoning for a non-industry specific regulation. ln
addit'ion, although the 1-6, 7-24 and 25+ occupancy limits may seem (or in some respects may be)
arbitrary, Staff feels that these limits represent appropriate breaking points based on the expected
impacts of the relevant occupancy to the level of review. lt is important to note, however, that there
is no hard science to determine where a population willcreate impacts that become problematic, but
district su-b-categories), where most of the drilling activity is taking place and which has a very low
$ensity of residential dwelling units.
As was presented at the August 22,2007 meeting, there are numerous degrees to which Gadield
County can regulate the housing on well pads from a straight "Use by Right" with no pedormance
standards to the regulations as froposed at the August B,2OO7 Planning Commission meeting (See
Exhibit S). ln reality, GartielO County has the authority to regulate Temporary Employee Housing
facilities from a straight "Use by Rigl'rt" to outright prohibition. Garfield County Staff is recommending
regulations that are closest to the "Use by Right" scenario and are very light on regulation' This
co-urse of action is, however, closest in line with GarJield County's past history in regulating the oil
and gas industry, particularly when it comes to the placement, impact fees and operation of oil and
gas well pads themselves.
The newly proposed Section 5.02.23 "Use by Right with Pedormance Standards" (Small Permit)
(See Exhibit Zj is to act as any other Use by Right in terms of public notice and land use permitting
in that they are not conducted or issued. The primary difference between a straight Use by Right and
)
8/3U2007 -3 -
suggests using a rate of 75 qallons per person-periay of
it is an issue of relative perception. Based on this
a result, a compromise Position maY
what is proposed, is that there are pedormance standards which must be met for the use to remain
a right lo tfre property. lf these siandards are not met, the use becomes a zoning violation' ln
addltion, the proposeb Section s.o2.zs requires additional information which must be submitted
along wiin tre Building permit. This additional information includes notification and submittals to the
relevlnt fire protecti6n district and Sherriff's Office. ln order to insure compliance with these
standards and submittal requirements, the proposed Section 5.02.23 will require a subsequent
amendment to the building code to require ail recreational vehicles used as Temporary Employee
Housing to obtain building-permits. This is necessary so that it can be verified that all notification,
pe;form"ance standards ano submittal requirements have been or can practically be met. (See the
chart on page 6)
The administrative process is intended to be one where the Garfield County Planning Depaftment is
the final sign-off and is the issuing agency for the Minor Temporary Employee Housing facility permit
(See ExhiSit y). ln the anticipateo process, the Applicant would obtain the application form and sign-
off sheets from the Garfield bounty Planning Department, obtain the necessary signatures_from the
various agencies and deliver the completed application and signature sheets to the Planning
Departme-nt to be considered for a Minor Permit. This process will replace that of County Staff
sending the application off to referral agencies after the application is submitted. This process will
significinly reduce the overall amouni of time it will take to process the application as well as
,""dr." County Staff time reviewing the application. ln the end, the onus will be on the Applicant to
pedorm the leg work for applicatio-n 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
obtaini prior signatures from the Building bepartment. This has been done in the spirit of
accommodatinglhe desire of the industry to have an expedited permitting process. (See the chart
on page 6)
ln addition to the reduced referral time for a Minor Permit, Staff is suggesting an Area Wide
Development Plan option in which an Operator can complete the public notice, sign-offs and appeal
period ior an ,nrp.cifi.d operation time and for an unspecified number of Minor Facilities' What this
means, is that at tne time the Applicant wants to obtain a Minor Permit for a Minor Facilitywhich was
previously approved under the'AWDP, all that would need to be accomplished is final sign-off of the
building fieririit and issuance of the Minor Permit itself (This is similar in concept to the process
EnCana went through to permit 31 Temporary Employee Housing facilities in J_uly, 2007, only the
AWDp would have illowed Enoana to obtain one blanket building permit for all 31 camps following
approval and no public hearing would have been required), Although the Draft Section 5.02'22
spLcifies that the planning Defartment has up to 28 calendar days for technical compliance and
determination, it is Staff's-anticipation that the checklist nature of a Minor Permit and particularly if
many of the requirements are pieviously reviewed and approved under an AWDP, that Staff will be
able to issue the permit over the counter assuming the application is complete and that a Staff
person is available to do so.
As was emphasized by the Planning Commission in the May 9, 2007 meeting regarding Section
5.02.22 Minor Permit regulations, it ilras the desire of the Commission to create regulations which
"nCorr"g"d
"self-regulition" through "heavy'' fines and unnoticed inspections. The County
Attorneyis Office (CAb) has reviewei State statutes regarding zoning violations and relayed to the
B&P Department the determination that Garfield County:
(1) Cannot impose a fine without a Court Order; and the fine cannot be greaterthan the $'100.00 per
ldy lbistrict iourt) or $500.00 - g1,000.00 per day (County Court) fine set by statute. Essentially,
the Court fines the violator, not the County; and,
8/3t/2001 -4-
(2) Cannot, under its land use authority, inspect a site.without notice and/or the consent of the land
burn"1 and, probabty, ttre operator of tne Minor Facility. The County qav be able to engage in
"warrantless administrative searches", without notice, UnOer Cou$y]ggg regulations and the State
;SDS statute, if certain tanguage is included in that seiof reguiaToirs ffiln:th-e applibation and/or
tne permit. Wnetnei u.t,n"g ,"nO"r its land use, public heattn or general police power authority,
however, the County and'its representatives/ofiicials must abide by federal and state Foutth
Amendment Search and Seizure law.
Thus, the County's ability to enforce "self-regulation" by using unannounced inspections or
imposition of fines, of iny lmount, is limited. Stiff, howevei, has continued to prepare regulations
*fii.n do not require inipLctions f rom the County to ensure regulatory compliance, at or prior to final
installation of the facility, ln other words, despite this interpretation from the cAo, staff has stayed
the course of creating an environment oi"seli-regulation" even though the reality is that the County
has little ability to eniorce the proposed "light" set of regulations.
please see the attached memo from Andy Schwaller (See Exhibit G), Gar{ield CountyChief Building
Official, regarding responses to several of tfre other concerns raised by the Commission on May 9,
2007.
8/31/2001 -5
-T6mpo*ryE*proy6e iiou*irg-
PloEess
Beyiory/issiiing OaFartment
Public Notica
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a3 Fac 3l AWUPI
i 3. Slrta - Al the t:ssrelion 0r lllti
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1 2. Adminiatraiiqe Permii- !a Oay
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im"r@ H,qhr-hffi;,iC
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2. Adfilrvstrafive l'etrlil * F1*et !ft
age4lrdarrce with $1ate itslv 6ff4
Zsnrng t:a€tnlulrot- - Rer.rcali(n f,rl
Permi:l fsr irl$id#xllt fll
f'J*n*(}fi10ryna{}re * lf peilr:l| revok0*
site flBet he va*t*d wilhin 10
ttrrsirlpsli {klvli (" rcvcket} p*orqp
relits'r?g (]p€rat r Itcm efli{iyinrJ lha
Adrfiifiislrati}.8 Fefi]i1 {:rotogs i{1 lhs
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2- ''Sts:ial Litry PeEflif - flovomtion
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lofl nU Fiesol ution. rylf (:ii!!{q-89l}fj--l
Chart of Original Staff proposal as presented to the Planning Commission on August B, 2OO7 , he recently adopted regulations for
Temporary emptoyee ftouiing Oy nio Blanco County-and the New Staff Proposal after the August 22, 2007 meeting'
6
i {)if Hequiremenu 10: Shenfl. I rrB,
; Bull*ir1; Prifir to $ubmitial 0l
i Arlfilicaliftr. {{-:an t,e
i accffnplislrod a6 prrr' cll AVJIIF']
8t3U2001
II. REQUEST
To modify sect'ton 5o2 .21 otthe Zoning Resolution of 1978 to create a MajorTemporary Employee
HousinglSpeciat Use Permit) requirehtent for those facilities able to accommodale 25 or more
beds, ,r"'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. (See Exhibit X)
To create Section 5.02.22of the Zoning Resolution of 1978 to create a MinorTemporary Employee
Housing requirement (Administrative Fermit) for those facilities which can accommodate 7 - 24
beds, ale completely 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. (See Exhibit Y)
To create section 5.02.23of the Zoning Resolution of 1978 to create a small Temporary Employee
Housing requirement (Use by Right ,,iiff, pe,tormance Standards) for those facilities which can
accommodate 1-6 beds and are c6mpletely contained on a state orfederally regulated lease parcel,
and are going to be on location for a cumulative of less than one (1) year' (see Exhibit Z)
The Staff proposed regulations are as follows:
Major Permit - (Maximum Occupancy of 25 or more beds)
S.02.21Special Use Permits for Major Temporary Employee Housing Facilities ("Major Permit"):
(1) At times of severe housing shortage, extremely remote locations or other emergency
conditions, special use per[rits for -Major Temporary Eln]oVe9 HgYt]ng Facilities in the
nature of manufactured homes [as defined under C.R.S. 42-1-102 (106) (b)] andior
recreationat 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-P?taty living quarters
and not recreational purposesl may be granted for projects within Garfield County related to
commercial, industrial, mineral exiraction 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 shall be removed' Review
of the permit shall be subject to 59.03 and 55.03 of the Garfield County Zoning Regulations
of 197g as AmendeO. nit Special Use Permits for Centralized Employee Housing/Major
Temporary Employee Housing Facilities is subject to all applicable building code, state and
fedeial peimit reqrirerents, fi-re protection district requirements and firecode requirements'
Major Temporary Employee Housing Facilities shall have at least one of the following basic
characteristics:
A. The Major Temporary Employee Housing Facilities or any associated
infrastrutture (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) approved oiligas 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,
8t3112001 -l -
C, The Major Facility shall have a maximum occupancy of twenty f ive (25) beds
or more to accommodate employees, contractors or sub-contractors of the
operator of the small facility and-are needed for onsite safety of the related
commercial,industria|,extractionorhighwayoperation'
(2) Temporary Employee Housing Facilities containing 24 or tewer beds at any one given time,
will be on location for less than a cumulative of on-e (1) year and are completely contained
within a state or federally permitted parcel (i.e. "Minor Facilities" or "Small Facility'') are
subject to the administratrve review process and standards contained in Section 5.O2'22 and
Section S.O2.2g 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 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 IVajor Facilities must complywith all
applicable state and local laws and regulations- ln addition, allsewage must be disposed
of on-site using an lndividual Sewagebisposal System (ISDS) unless the applicant can
prove:
iii.
1.
2.
That, at the discretion of the Garlield 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 GarJield 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
hauling sewage; and
The afplicant must maintain all records including
an arrangement for
but not limited to triP
logs/reports and landfill receipts; and
Alisewage 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,
These facilities shall be designed to accommodate 75 gallons of
wastewater Per Person Per daY.
(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 srpp[ieO to a site is f rom an approved source and that wastewater is disposed of
at an appioved facility. For water faciiities not permitted by the Colorado Department of
Health and Environm'ent (CDPHE), the operator must conduct monthly tests (or quafterly
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 Garfield County Board of Health or designee. Watelsystems permitted
by the Colorado Department bf Health and Environment (CDHPE) must obtain all
necessary state permits prior to the scheduling of a Special Use Permit.for a Major
permit prOtic hearing and maintain continuous conformance to state regulations at all
times during operation of the Major Facility.
8t3ll200l 8-
(C) ln no case shall unsafe water be used for drinking nor shall raw sewage or contaminated
water be discharged on the ground sudace'
(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 Major Facilities, regardless of land ownership or
operat|r. Special Use permits for Major Temporary Employee Housing Facilities for oil
and gas extraction purposes in the Resource Lands (RL) zoning district may be
e*em-pted by the BObC from the one mile spacing if the operator can prove that the
housing structures and all suppofting infrastructure will be contained within the Colorado
Oil and Gas Commission (COOC-) 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'locationis) 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 the standards herein as well as all conditions of the permit. A permit may
be revoked anytime through a public hearing called up by staff or.the Board of county
Commissioners. By way 6t example and not limitation, continued non-availability of a
permanent housing inventory or the nature of the construction or extraction project may
constitute "good cLuse" for renewal. The applicant must provide an estimated total
cumulative tength 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 paft of the
Special Use permit for frlalor Facilitles ipplication. 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' ' and refuse. Any hazardous or noxious materials that must be stored on site for operational
or security reasons must be managed in accordance with all applicable federal, state and
local laws and regulations.
(A) Fire Protection; General Requirements:
i. provisions shall be made for giving alarm in case of fire. lt shall be the responsibili$
of the duly authorized attendint or caretaker to inform all employees about means
for summ'oning fire apparatus, sheriff's office and resident employees. All fires are
subject to S3O7 of the )OO3 lnternational Fire Code (lFC) including but not limited to
permits, atiendance, open fires, coal grills, fire bans and bon fires. One (1) or more
approved extinguishers of a type suitable forflammable liquid, combustible materials
-98t3U2001
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 sjrstem and initial suppression activities. The size of
the water tank shall be determined based on sprinkler calculations and initial
suppression demands'
ii. Manufactured home or recreationalvehicle units equipped bythe manufacturerwith
a fire sprinkler system, fire detection system, and/or alarm system slalt-be inspected,
tested, and maintained in accordance with 2003 IFC 5901.4 and 5901'6 and as
required by the relevant fire protection district(s). Smoke alarms and manual fire
alarm systems shall be installed, inspected and maintained in all other manufactured
home or recreationalvehicle units in accordance with 2003 lnternational Fire Code
(tFC) S907.2.g and s907.2.10 and the requirements of the relevant fire protection
districts.
iii, Single-station carbon monoxide alarms shall be placed in each manufactured home
or recreational vehicle unit.
(B) Wildlife-proof ref use 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 containeils; must be durable, washable, non-absorbent metalor
plastic with tighi-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' '
Sheriff,s Office and the relevant Fire Protection District which is sufficientfor emergency
response purposes, including location of the Major Temporary Employee Housing
Facilities site; private and pudtic roadways accessing the site, malfe! 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 Garfield 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 Certificaies of Occupancy for such structures shall be withheld until the temporary
iiving quarters are removed and ihe site is restored to the satisfaction of the County Building
and Planning Director.
(B) lf a Speciat Use Permit for Major Facilities is granted, the Applicant shall notify the county
when site development begins. The applicant inatt verify in writing, by site plan and through
photo documentation thai the site, water system, and sewage disposal system were
designed, installed and inspected in accordance with the said special use permit and comply
witnitt appllcable regulations, permits, and conditions. All written documentation and site
ptans veilfying compiiance 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
8t3t/2007 10
Use permit for Major Temporary Employee Housing Facilities, or condition approval thereof,
is grounds for revocation or suspension of 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, tne S[eciai Use Permit for Major Temporary Employee Housing Facilities shall
not be granted.
(1g)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 related infrastructure, water storage and related
distribution infrastruiture, roads, and other sand, plastic, gravel, pipe and cable shall be
removed. All pits, cellars, and other holes will be backfilled as soon as possible after all
equipment is removed to conform to surrounding terrain. All access roads to the site and
associated facilities shall be closed, graded and recontoured. Culverts and any other
obstructions that were paft 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, punciured and filled with inert material or removed. Any waste material pumped
from a wastewater tank or waste debris from tank removal must be disposed of at an
approved facility that is permitted by CDPHE and/or Gariield County to receive said
wastes. Materials may not be burned or buried (other than ISDS) on the premises. All
disturbed areas affected by Major Temporary Employee Housing Facilities or subsequent
operations shall be reclaimed as eariy and as nearly 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 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
deiignee extends the time 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 cross-ripped. On crop land, such compaction alleviation operations
shall be undertaken when the soil moisture at the time of ripping is below thitly-five
percent (35%) of field capacity. Ripping shall be undertaken to a depth of eighteen (18)
inches unless and to the extent bed rock is encountered at a shallower depth.
c. When a Major Temporary Employee Housing Facilities site is removed, all disturbed areas
willbe restored and'revegetated as soon as fracticable. For disturbed areas not regulated
by the Colorado Oil and- Gas Conservation Commission, the following regulations will
813112007 - 11-
apply:
(1) Revegetation of crop lands. All segregated soil horizons removed from crop lands
shall-be replaced to their original retaiive positions and contour, and shall be tilled
adequately to re-establish a Iroper seedbed. The area shall be treated if necessary
and practicable to prevent invasion of undesirable species and noxious weeds, and
to control erosion. Any perennial forage crops that were present before disturbance
shall be reestablished.
(2) Revegetation of non-crop lands. All segregated soil horizons removed from non-crop' ' landJ shall be replaced to their original relative positions and contour as near as
practicable to achieve erosion control and long-term stability, and shall be tilled
adequately in order to establish a proper seedbed. The disturbed area then shall be
reseeded in the first favorable season. Reseeding with species consistent with the
adjacent plant community is encouraged. ln the absence of an agreement between
the applicant and the affected surface owner as to what seed mix should be used,
the applicant shall consult with a representative of the local soil conservation district
to determine the proper seed mix to use in revegetating the disturbed area'
d. During occupation and reclamation operations, all disturbed areas shall be kept free of
GartietO County and State of Colorado List A and B noxious weeds.
e. Successful reclamation of the site and access road will be considered completed when:
(1) On crop land, reclamation has been performed as per 1 1 (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 perlormed as per 11(cX2) of this section'
and the total cover of live perennial vegetation, excluding noxious weeds, provides
sufficient soils erosion control as determined by the Director through a visual
appraisal. The Director or designee shall consider the total cover ol live perennial
vegetation of adjacent or nearby undisturbed land, not including overstory or tree
canopy cover, hiving 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 c-onditions, and the Director or designee has notified the applicant
that final reclamation has been approved'
f. Specifically as to revegetation, the applicant shall provide security for revegetation of
disturbed areas in amount and in accordance with a plan approved by the GarJield County
Vegetation Management Department. The security shall be held by Garfield County until
,.gl"tution has bein successfully reestablished according to the standards in the Garfield
Co-unty Vegetation Managemeni Ptan adopted by resolution No. 2002-94, as amended'
Minor Permit - (Maximum Occupancy of 7 lo 24 beds)
t2-8t3y2001
S.OZ.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. qi1-102 (106) (b)l andior 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 quarlers and not recreational purposes], may be
granted land use approval for proiecis related to commercial, industrial and mineral
6xtraction operations in any Zone'District by the Building and Planning-Department Director
(Director), through the Minor Permit process. Such housing shall be of a temporary nature,
and at the expira-tion or other termination of the Minor Permit, all structures, foundations and
associated infrastructure shall be completely removed. Such facilities are subject to all
applicable requirements of Garfield County building and fire codes (building code, fire code),
state and federal permits and relevant fire protection district(s) fire code requirements.
Minor Permits shall have all of the following basic characteristics:
A. The Minor Temporary Employee Housing Facility and any associated
infrastructures ("Minor Facility(ies)") must be completely contained within a state
or federally peimitted parcei (such as a Colorado Oil and Gas Conservation
Commission (COGCC) approved oil/gas well pad) in which reclamation and
revegetation are secureO witfr 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 shall have a maximum occupancy of seven (7)to twenty-four
(24) beds to accommodate employees, contractors or sub-contractors of the
operator of the small facility and are needed for onsite safety of the related
commercial, industrial, extraction or highway operation'
Temporary employee housing facilities that do not have the three characteristics listed
above, i.e., maximum occupancy of 6 or fewer beds, maximum occupancy of 25 or more
individuals at any one time, on location for more than a cumulative of one (1) year or not
completely contained within a Permitted Site, i.e. "Small Facility'' or "Major Facilities", are
subject to the special use review process and standards and requirements contained in
Section 5.02.21 or 5.02.23 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 OV tne Building and Planning Department (Department) and be issued a
Minor Permit by the birector 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
maOe, 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
8t3U2001 13-
permitting of each Minor Facility, in accordance with the process and
contained in Section 5, below.
B. ldentity of Applicant. The Applicant for a Minor Permit or for opploVdr ur a,,
AWDP must be the owner of the sudace 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. Suqh an
acknowledgment may be in the form of a letter of authority/agency or a lease,ctu^ll(Jvvltr\lglllElll lllqy vs lrr lrre rvrrrr vr '-"'r1-J-.'-J -' -' r\..,
slfra-cc--udA0'6e** 9r qlr[lalOgg qt demonltralIs 191tL" Zt-trffiH#,r#;#a'ffi */>4-
,-- fi Presentative maY b-e the r*'-V
onaaro ^:^,:_it.:?::,ffn",,
ensineer,1p(v &r.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 \ O gu t
approvalof an AWDP, the Applicant shalldemonstrate that notice was mailed.lo ,-t ,j\
adjacent property owners within 200 feet of the subject lot, as identified in the " l! ,. .",,*
GarJield bounty-Assessor's Records; the Owner (unless the Owner is the ' )// ' t)
Applicant and is not represented); and separated mineral estate owners, as
identified in the records of the Gar.field 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), general description of the proposed Minor Facility(ies), explanation
of the reconsideration process, outlined in Section 6, below, with the timeframe
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 master map/site plan in accordance with Section 4(H), below, identifying
the proposed location and anticipated layout for all Minor Facilities to be installed
within the AWDP. Site specific, surveyed maps depicting the location of each
Minor Facility, located within 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.
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.
Sign-offs from the Garfield County Sherriff's Office, relevant fire protection
districi(s), and Gar{ield County Building Deparlment consistent with Section 4 (A)
and (B), below.
A legible photo of the state or federal "certifying stamp" for each housing unit
-t4-
't,1rt)q{ez
ff N^4,,"
A.
B.
C.
8t3U2001
D.
anticipated 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), bjlow. The detail required at the time of application for a Minor Permit is not
iequired at the time of application for approval of an AWDP'
F. proof that required public noticing has been performed in accordance with
Section 2(C) above.
Assuming approval of the AWDP, following the timeframe for reconsideration
detailed
'in Section 6 below. The Applicant may proceed to submit individual
applications for the Minor Facilities proposed 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'
Minor Permit application for which an AWDP was(4)Submittals for Minor Permit,
previously approved:
A.
B.
Sign-offs: review from the Garfield County Sheriff's Office and relevant fire
proteciion district(s). lf an AWDP was previously approved in accordance with
bection (3), above, the Applicant for a Minor Permit need not resubmit the sign-
offs.
Sign-off : review from the GarJield County Building Department of the state or
federal "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 wnig-h
includes the Minor Facility presently being permitted, the Applicant shall identify
the housing units which wiit Oe 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
details regarding number and volume of potable water tanks, Source of water,
name of hluler, -hauler's Colorado Department of Public Health and Environment
(CDpHE) registration number and copy of hauler's CDPHE certification,
ir"qr"n"y of
-delivery, and calculation of water demand and demonstration of
adequate caPacitY.
D. A general description of the system planned for collection and storage of
sewagi and wastewater, along with details regarding number and volume of
sewa[e and wastewater vaults, name of hauler, frequency of pickup,
identiiication of sewage disposal site, calculation of sewage and wastewater
treatment demand and demonstration of adequate storage and/or treatment
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; name of hauler; f requency of collection; and identification
of refuse disPosal site.
A list of adjacent surface owners within 200 feet of the subiect lot (not only
-15-8t3U2001
F.
the permitted Site), as identified in the Gadield 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 of time (number of days) that the
MinorFacilitywillbeinstalledattheproposedlocation.
H. Site plan: The Applicant shall submit an adequate site plan, consistent with
Section g.O1.O1 of this Zoning Resolution and the requirements listed below:
i. A vicinity map indicating the section, township, and range of the subject
lot and the iocation oi 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; north
arrow and scale; GPS coordinates and current surface ownership of
the subject lot. The vicinity map shall be presented on a USGS 7.5
minute series quadrangle at a scale of 1"=2000' or equivalent, with a
topography depicted at a minimum of 40' intervals'
ii. Surveyed layout of the proposed Minor Facility within the surveyed
boundaries of tf,e Permitted Site, including at a minimum: sewage and
wastewater disposal, trash receptacles, potable water storage, all other
associated infrastructure and all other equipment located within the
Permitted Site.
iii. ldentification of the private and public roadways accessing each Minor
Facility. Roadways shall be marked as open, gated, andior locked
(include combinations). Detailed directions, with mileage, shall be
given from the nearest town within GarJield County, nearest Garfield
[ornty Sheriff's Office dispatch location and responsible fire district
headquarters to each Minor Facility, 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 field operations; contact numbers for local hospitals,
emergency response, fire protection districts, Garfield County Sheriff's
office, Lif-e/care Flight, and applicable regulatory agencies; site
safety/evacuation plin; and any other written response plan for
potential emergencies at the Permitted Site'
vi. ldentification of the final dates of installation and removal of the Minor
Facility. The site plan shall include a notation of the total cumulative
length of time (number of days) that the Minor Facilitywill be installed
at the Permitted Site.
l. The name, tile, address, phone number and email address of the Operator's
8t3U2oO7 - t6 -
employee or other authorized representative who is in charge of ensuring that the
Minor Facility is in compliance with the standards outlined in Section 5'02.22
("Operator's Compliance Off icer")'
J.A form, provided by the Department and signed by the Operator's Compliance
Officer, indicating that the Minor Facility witl Oe installed in accordance with all
applicable Garfie'iO County, relevant fire district, state and federal regulations.
K. A form, provided by the Department and signed by. the operator's
Compliance Ofiicer, indicating that the 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, iOentiiying the location, conditions of approval, time period for
which the permit is valid ind the parameters for reclamation and revegetation of
the Minor Facility once the state oifederal 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 the Department, a technical compliance check shall be completed and notice
of compliance or non-compliance sent to the Applicant by the Directorrryithin
fourteen (14) calendar days of submittal. Once an application for a Minor Permit
or AWDp is deemed technically compliant by the Director, the Director shall
issue a determination of approval, approval with conditions or denial within
fourteen (14) calendar days following the date of technical compliance
determination. Unless otherwise provided herein, the expiration of any time
limitation imposed upon the Board of county commissioners, the Planning
Commission, or any other County representative, shall be interpreted as having
consequence only 1n entitling an interested party to request judicial relief in the
nature of mandamus. The eipiration of any such time limitation shall not, in and
of itself, be considered as approval or denial of any application, plan or plat
under consideration.
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
subiect 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
8t3U2001 -t7 -
condition(s) of approval, the Director 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 200'
of the subject lot, the Owner(s), subject lot separated.mineral estate owners, and/or the
Board of County Commissioners labCC) to reconsider the determination made by the
Director. The Director's determinaiion shall become final only after the expiration of this
fourteen (14) calendar day period, and only if the determination is not reviewed and acted
uponbytheBOCCatasubsequentreconsiderationhearing.
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
detailed in (Z;1e;, above)', an adjacent property owner within 200' of the subject
lot, aggrieveO Oy tne Diiecto/s-decision may request reconsideration by the
BOCC by ,"an. of a written request filed with the Department within the
fourteen (14) daY Period of time'
ii. Schedute public Hearing. A public hearing by the BOCC shall be held at the
next available BOCC's 169ularly scheduled meeting date in which all required
prior public noticing can tike place (Reconsideration Hearing).
iii. Notice by publication. At least thirty (30) calendar days prior to the date.of the
scheduled Reconsideration Hearing, the aggrieved parly shall have published
a notice of public hearing in a newipaper of general circulation in the area 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 date of the scheduled feconsideration Hearing, the aggrieved pafiy shall
send by certified mail, return receipt requested, a written notice of the public
hearing to the owners of record of all adjacent property within 200' of the
subjeci lot. The notice shall include a vicinity map, the legal description of the
subject lot, a short narrative describing the Minor Facility orAWDP, and an
announcement of the date, time and location of the scheduled Reconsideration
Hearing.
v. BOCC Decision. 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 Flesolution 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 BOCC may at its discretion, decide to
reconsider the Director's decision at the next regularly scheduled meeting of the
BOCC for which proper notice of hearing can be accomplished'
8t3U2001 -18-
i. call-up Vote. The BOCC shall considerthe call-up requ_est, by.one or more
Commissioners, at the next regular meeting of the BOCC and set a public
hearing by a majority vote of tne BOCC in favor of the Reconsideration
Hearing.
ii. Notice by publication. At least thirty (30) calendar days priot to the date of the
sctreduled Reconsideration Hearing before the BOCC, the Director shall have
published a notice of public hearing in a newspapelof generalcirculation in the
area in which the proposed Minor Facility or AWDP is located'
iii. Notice to Adjacent Property Owners. At least thirty (30) calendar days prior to
the date of the scheduled Reconsideration Hearing, the Director shall send by
certified mail, return receipt requested, a written notice of the public hearing to
the owners of record of ali adjacent properly within 200' of the subject lot. The
notice shall include a vicinity map, the legal description of the subject lot, a
short narrative describing the Minor Permit or AWDP, and an announcement of
the date, time and location of the scheduled Reconsideration Hearing.
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 federal, state and local laws and
regulations.
B. Operator must keep and maintain appropriate records, to be provided to the
County or any interested third party upon request, to demonstrate that potable
water iupplied and sewage and wastewater meet the representations contained
within the'application, as required by section 4(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 siored fotable water samples specific for coli form
bacteria. Any tests indicating coli form contamination must be disclosed to the
Gadield County Board of Health or designee within T2hours from the time the
contaminated water was tested.
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 ref use 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{itting lids.
8t3t/2001 -t9-
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 party
upon ;equest, to demonstrate that refuse is collected in a timely fashion and
disposed of at a licensed facility.
Outdoor food storage is prohibited unless facilities that prevent the attraction of
animals to the Minor Facility are provided'
Manufactured home or recreational vehicle units equipped by the manufacturer
with a fire sprinkler system, fire detection system, and/or a]qrm system shall be
inspected, iested, and maintained in accordance with 2003 IFC S901'4 and
5901.6 and as required by the relevant fire protection district(s)' Smoke alarms
and manualfire alarm syriers shall be installed, inspected and maintained in all
other manufactured home or recreationalvehicle units in accordance with 2003
lnternational Fire code (lFc) s907.2.9 and s907.2.10 and the requirements of
the relevant fire protection districts'
Single-station carbon monoxide alarms shall be placed in each manufactured
home or recreationalvehicle unit.
One (1) or more approved fire extinguisher(s) of a type suitable for flammable
liquids,'combustible materials and electrical fires (Class ABC), or dry chemical,
shall be located in each manufactured home or recreational vehicle unit and
placed in accordance with applicable codes.
lnhabitants of the Minor Facility shall be Applicant's employees and/or
subcontractors, working on the related commercial, industrial or mineral
extraction operation, ani not dependents of employees, guests or other family
members.
Within 10 days following the expiration or othertermination of the Minor Permit or
represented date of r6moval identified within the Minor Permit, all housing
stiuctures, foundations and associated infrastructure shall be completely
removed. The operator shall provide the Department with photos, dated and
signed by the bperato/s Compliance Officer, indicating that all housing
stiuctures, foundaiions and associated infrastructure has been removed within
the specified timeframe.
G.
H.
L
J.
K.
M. No domestic animals are allowed at a Minor Facility'
N. 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 spiinkler calculations and initial suppression demands. The size of the
water storage tank shall be determined by the relevant fire protection district. lf
the Minor Ficility is located outside the boundaries of a fire protection district,
than Each Minor Facility shall have at least one (1) water storage tank with a
minimum of 2S0O gallon-s of stored water for initial fire suppression, operation of
sprinkler systems (if applicable) and wild land fire protection.
8t3U2001 -20-
o.
P.
o.
All emergency situations requiring action by any government agency or fire
protectioi disirict shall be documehted in writing and presented to the Planning
bepartment and Gartield County Sheriff's Office within 24 hours of the
occurrence.
All required Access Permits shallbe obtained from the GarJield County Road and
Bridge Department or the Colorado Department of Transportation.
The Gar.field County Sheriff's Office and relevant fire protection district(s) must
be notified at leasi 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.
The Operator shall maintain records identifying workers, whether employees or
sub-contractors, and documenting the dates that each worker is housed at the
Minor Facility. Such records shalibe provided to the County or any additional
third party upon request.
Wastewater DisPosal:
i. Vault System: All vault systems shall be designed and installed to
accommodate the maximum number of persons, identified within the Minor
permit application, who will inhabit the Minor Facility. ln addition, all vault
systems'shall be equipped with an overilow alarm device. Vault systems
shallbe designed toaccommodate a minimum of 75 gallons of wastewater
perpersonperday'lfavaultsystemisproposedorhasbeenapproved,
the ApplicanVOPerator 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'
c. Maintain all sewage disposal records including but not limited to trip
logs/reports and landfill receipts as public records, available to the
county and/or any other interested third party upon request.
ii. lndividual Sewage Disposal System (ISDS): lf an ISDS is proposed or has
been approvedJ then it shall be designed, installed and operated to
accommodate the maximum number of persons who will inhabit the Minor
Facility and shall othenruise be operated in accordance with the Garfield
County ISDS regulations as contained in BOCC Resolution Number 1994H-
1 36,
R.
S.
(B) Enforcement:
A. procedures:Violations of Section 5.02.22are subjectto Section 12and Section
g.O1.06 of this Zoning Resolution and the procedures contained in this Section
(8).
-2r8t3U2001
B.lnspection: The BOCC reserves the right to inspect any Minor Facility, including
structures and infrastructure and ahy other related improvements, and/or
required documentation related to the Minor Facility, through its authorized
representative(s), to determine if such are in compliance with this Zoning
Resolution and, specifically, Section 5.02.02; the building code and fire code;
and specific conditions of the Minor Permit. Such authorized representative(s)
may inspect ISDS systems under the County ISDS regulations (adopted by
BObC iesotution 19b4H-136). Any official performing an inspection shall abide
by all laws of search and seizure, as set fofth by federal and state statutory and
constitutional provisions, in accessing the Minor Facility, the Permitted Site and
the subject lot. Visits to a Minor Facility by a fire protection district or the Garfield
County Sheriff's Office will be reported to the Director'
permit Revocation: All enforcement actions run with Minor Permits for individual
Minor Facilities and are not applied to AWDP's. lf it is found, consistent with the
procedure 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 Resolution, applicable building andior fire codes or specific
conditions of the Minor Permit, the Minor Permit may be suspended or revoked
by the BOCC. The BOCC may also suspend or revoke the Minor Permit upon
nbtice from a state or federal agency or a fire protection district that said agency
or district has determined that the Minor Facility is out of compliance with that
agency,s or district's regulations. lf a Minor Permit is revoked, the previously
p5rmitied Minor Facility inatt Oe immediately vacated and any installed structures
and infrastructure snitl Oe removed within the fourteen (14) calendar days
following the date of revocation. Proof of removal shall be provided to the
Buildinfand planning Department by 5:00 PM on the fourteenth (14) calendar
Oay. Suln proof shall-be in the form of photo documentation signed and dated by
the Compliance Officer.
(-.
D. 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.
E. 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'
F. Three (3) Revoked Permits: Upon revocation of three ^(3) Minor Permits, the
Building and Planning Director shall refer the fourth (4th) and all future_Minor
permit-applications Uy tne offending Operator to the BOCC. The BOCC shall
review such applications as a request for a Special Use Permit, in accordance
with the Majoi Facility regulations contained in Section 5.02.21 of this Zoning
Resolution.
G. 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.
8t3y2001 22
The use, "Minor Temporary Employee Housing Facility (Subject to review.and approval per
procedure and requirementsof Section 5.02.22)" witt oe added as a use by right in the 3.01 Nl'3.02
A/R/RD, 3.03 RLSD, 3.04 RLUD, 3.05 FIGSD, 3.06 RGUD, 3.07 CL, 3.OB CG, 3'09 OS, 3.10 RL,
3.11 R/MH/G/UD, 3.12 1I, 3.13 PA, 3,14 DWC, 3,15 CDWC
Definitions:
2.02.51 2 Temporarv Emplovee Housinq Facilitv(ies):
The use, during times of housing shortage, of manufactured homes and/or recreationalvehicles
as removable housing, utilized tor a perioO of time not longer than one year, for workers who are
engaged in a commeicial, industrial, mineral extraction or highway operation and who are
needed onsite for the proper execution and safety of the related operation, including:
1. Small Facilities which may contain up to 6 beds on a "Permitted Site", as defined in
section 2.O2.421;
2. Minor Facilities which contain 7 - 24 beds on a "Permitted Site", as defined in section
2.02.421;
3. Major Facilities which contain 25 or more beds; or which contain a fewer number of beds,
but are not wholly located on a "Permitted Site"; or which are planned to be utilized for a
period of time longer than one-year; or otherwise meet the requirements of Section
5.02.21 and Section 5.02.22.
Such facilities are subject to land use approval by means of either an administrative process or a
public hearing pro."sr, under the circumstances, standards and requirements contained in
Sections 5.05.21 or 22lor 23lot this Zoning Resolution.
2.02.421 Permitted Site:
A parcel of land, generally a portion of a lot, as defined in Section 2.02.32, designated for a
commercial, industrial, mineral extraction or highway operation for which a federal or state permit
is issued. To meet the definition of "Permitted Site", such permit must grant the approval of the
appropriate state or federal agency for the commercial, industrial, extraction or highway
abiivity(ies) and must require ine frovision of security for the reclamation (including revegetation)
of the site.
Small Facility - (Maximum Occupancy of 6 individuals)
Use by Right with Performance Standards
Add Section5.O2.23, identifying Small On'Site Facility
Compliance check with Section 5.02.23 and Performance Standards conducted at BuiHing
Permit Stage
Add Section 2.02.512 Defining "Temporary Employee Housing"
Add Section 2.02.412 Defining "Permitted Site"
REOUIRES AMENDMENT TO THE BUILDING CODE TO ALLOW BUILDING CODE REVIEW BY
THE CHIEF BUILDING OFFICIAL FOR RV'S USED AS TEMPORARY HOUSING FACILITIES.
Section 5.02.23:
8t3U2001 -23-
(1)Small 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
temporarylivingquartersandnotrecreationalpurposes],
,rV O" uiilized-for housing of workers on projects related to commercial, industrial, mineral
;;ir;; ;;;;s;*;y6"Li,oni, prorait tothe standards for small Facilities contained in
- -- :.^ -. ^ ^- ^ J-^nl l-\i.^a+av
sub-section (2), belowi
(Biieete0, tnreugn tne Uiner permit preeeis. Such facilities are subject to all applicable
iequirements of 6ar{ield County building and fire codes (building code, fire code), state and
fed'erat permits and relevant fire protection district(s) fire code requirements.
Small Facilities shall have all of the following basic characteristics:
A. The Small Facility and any associated infrastructure must be completely
contained within a state or federally permitted parcel (such as a Colorado Oil and
Gas Conservation Commission IiOCCC) approved oil/gas well pad) in which
reclamation and revegetation are secured with the permitting agency (Permitted
Site); and,
B. The Small Facility is located at the Permitted Site for less than a cumulative of
one (i) year and at the end of the utilization period, all structures, foundations
and ass-ociated infrastructure are completely removed; and,
C. The Small On-Site Temporary Employee Housing Facility shall have a maximum
occupancy of six (6) or iewer beds to accommodate employees, contractors or
sub-contrictors oi ihe operator of the small facility and are needed for onsite
safety of the related commercial, industrial, extraction or highway operation'
Temporary employee housing facilities that do_not have the three characteristics
listed above, i.e., (1 ) containJ 7 to 24 beds or (2) contains 25 or more beds at any
one time, (S) on location for more than a cumulative of one (1) year; or (4) are not
completely contained within a Permitted Site, are subjectto the administrative permit
requirements or the special use review process, standards and requirements
contained in Section 5.02.21 (Major Permit) or 5.02.22 (Minor Permit) and the
enforcement provisions contained therein, and in Section 9'01'06'
(2) Submittat requirements for Small On-Site Facilities. Prior to submittal to the Building
Department for a Building Permit, the applicant shall submit all below documents (with
exception to (A), below) io tne relevantfiie protection district(s) an{the GarJield County
Sheriff,s Office, ihe following items shall be submitted at the time of Building Permit to the
Building DePaftment:
A. A form, provided by the Building Department and signed by a repre-sentative
of the relevant fire protection district(s) and/or Garfield County Sheriff's Office
indicating that the respective office has received all below document required in
Section -S.OZ.ZS1Z1 and are of adequate quality to perform the necessary
functions of the respective Office or district.
8t3U2001 24-
B.A form, provided by the Building Department, indicating the anticipated dates
of installation and removal of the ShaltOn-Site Facility and a representation of
the total cumulative length of time (number of days) that the Small Facility will be
installed at the proposed location.
A form, provided by the Building Department, indicating the name, title,
address, phone numbei and email address of the Operator's employee or other
authorized representative who is in charge of ensuring that the Small-On-Site
Facility is in compliance with the standards outlined in Section 5'02'23
("Operator's Compliance Officer")'
A form, provided by the Department and signed by the operator's
Compliance dfficer, indicating that the Small On-Site Facility will be installed in
accordance with all applicable Garfield County, relevant fire district, state and
federal regulations.
A form, provided by the Department and signed by the operator's
Compliance Officer, indicating that the Operator submits to the enforcement
provisions identified within Section (1), above.
A copy of the permit from the state or federal agency, regulating the
Permitted-Site, ideniifying the location, conditions of approval, time period for
which the permit is valid anO tfre parameters for reclamation and revegetation of
the Small On-Site Facility once the state or federal permit for the Permitted Site
has expired or is otherwise terminated.
Site plan: The Applicant shall submit an adequate site plan, consistent with
the requirements listed below:
i. A vicinity map indicating the section, township, and range of the
subject iot and the location of small Facility within the subiect lot
and the Permitted Site; general relation to surrounding public
roads, private roads, adiacent utility systems, residential
devetopment, other actively permitted smal! on-site, Minor and
Major Facilities, natural drainage courses and municipalities
within one (1) mite of the proposed Small Facility; noilh arrow and
scale; GPS coordinates and current surface ownership of the
subject lot. The vicinity map shall be presented on a USGS 7.5
minute series quadrangle at a scale of 1"=2000' or equivalent,
with a topography depicted at a minimum of 40' intervals'
ii. Surveyed layout of the proposed Small On-Site Facilitywithin the
surveyed boundaries of the Permitted site, including at a
minimum: sewage and wastewater disposal, trash receptacles,
potable water storage, all other associated infrastructure and all
other equipment located within the Permitted Site.
iii. ldentification of the private and public roadways accessing each
small Facility. Roadways shatlbe marked as open, gated, and/or
locked (inctude combinations). Detailed directions, with mileage,
shall be given from the nearest town within Garfield county,
-25-
D.
E.
C.
F.
G.
8/3y2001
nearest Gartield Gounty Sheriff's office dispatch location and
responsible fire district headquarters to each small on-site
Facility, along each roadwaY.
iv. Name, address and phone number of sufface 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 Oferatbr's emergency field operations; contact numbers for
local hospitals, emergency response, fire protection districts,
Gaffield iounty Sheriff's Office, Life/Care Flight, and applicable
regulatory agencies; site safety/evacuation plan; and any other
*iItt"n re"pJn"e plan for potential emergencies at the Permitted
Site.
ldentification of the anticipated dates of installation and removal of
the Small On-Site Facility. The site plan shall include a notation of the
total cumulative length of time (number of days) that the Small On-
Site Facility will be installed at the Permitted Site'
vi.
(3)Faci
ffiittalrequirementS,a@rameSforreviewsha||bein
accordance with the building code. Enforbement shall be in accordance with the building
code and the enforcement p"rovisions detailed in subsection (1 ), above..The Small Facility
shall demonstrate or certify compliance with the following standards at the time of building
permit application:
small Facility must comply with all applicable federal, state and local laws and
regulations.
lf the small Facility contains recreational vehicles, such vehicles shall
comply with ANSI/ttf pn 1192 standards for recreational vehicles'
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 quarterty if an on-site disinfection system is installed)
and maintain records of siored potable water samples specific for coli form
bacteria. Any tests indicating coli form contamination must be disclosed to the
Garfield County Board of Health or designee within 72 hours from the time the
contaminated water was tested'
Each Small Facility shall be maintained in a clean, safe and sanitary condition,
free of weeds and refuse. Any hazardous or noxious materials that must be
A.
B.
+
8/3U2001
E.
-26-
within the'applicetien; as required byseGtien l(c) and (D) abeve,
++
J,
N.
F.
Stored at the Small Facility for operational 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-proof refuse container shall be
provided for each minufaciured 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 interested third party
,pon ,"qr"st, to demonstrate that refuse is collected in a timely fashion and
disposed of at a licensed facility.
Outdoor food storage is prohibited
Manufactured home or recreational vehicle units equipped by the manufacturer
with a fire sprinkler system, fire detection system, and/or alarm System shall be
inspected, iested, and maintained in accordance with 2003 IFC 5901'4 and
S901.6 and as required by the relevant fire protection district(s)' Smoke alarms
and manualfire alarm ry.i"r. shall be installed, inspected and maintained in all
other manufactured home or recreationalvehicle units in accordance with 2003
lnternational Fire code (lFc) s907.2.9 and s907.2.10 and the requirements of
the relevant fire protection districts'
single-station carbon monoxide alarms shall be placed in each manufactured
home or recreationalvehicle unit.
G.
t.
K. One (1) or more approved fire extinguishe(s) of a type suitable for flammable
liquids, combustible materials and electrical fires (class ABC), or dry chemical,
shall be located in each manufactured home or recreational vehicle unit and
placed in accordance with applicable codes'
@
M. Domestic animals are prohibited at all small Facilities.
A water storage tank shall be required to provide water to the sprinkler system
and initial sup-pression activities. The size of the water tank shall be determined
based on spiinkler calculations and initial suppression demands. The size of the
water storage tank shall be determined by the relevant fire protection district or
Sherriff's Oitice (if not located within a fire protection district).
The operator shall document all emergency situations requiring action by any
government agency or fire protection district, in writing, and such documentation
8t3U2001
o.
.,r.7
shall be presented to the Building Department and Garfield County Sheriff's
Office within 24 hours of the occurrence'
p. All required Access Permits shallbe obtained from the Garfield County Road and
Bridge Department or the Colorado Department of Transpoftation.
e. The Garfield County Sheriff's Office and relevant fire protection district(s) shall
be notified at least 24 hours prior to installation and removal of each Small
Facility. The Building Department shall be copied on all such notification,
whether hard coPY or electronic'
R. The Operator shall maintain records identifying workers, whether
emptoyees or sub-contractors, and documenting the dates that each
*orf"i is housed at the Small Facility. Such records shall be provided to
theCountyoranyadditionalthirdpartyuponrequest.
S. Wastewater DisPosal:
i. Vault system: All vault systems shall be designed and installed to
accommodate the maximum number of persons, identified within the
Building Permit application, who will inhabit the small Facility. ln addition,
all vauli systems'sf,rlt ne equipped with an ovedlow alarm device' Vault
systems snatt oe designed to accommodate a minimum of 75 gallons of
wastewater per persori per day. lf a vault system is proposed or has been
approved, the ApplicanVOperator must:
a. Demonstrate that year-round vehicular access is available and
maintained for safe ind regular access for sewage hauling vehicles'
b. Provide a copy of the contract for hauling sewage'
c. Maintain all sewage disposal records including but not limited to trip
logs/reports and lindfill receipts as public records, available to the
c5unty andior any other interested third pafty upon request.
iii. lndividual Sewage Disposal System (ISDS): lf an ISDS is proposed, then it
shall be designed, insialled and operated to accommodate the maximum
number of peisons who will inhabit the Small Facility and shall othenrise be
permitted and operated in accordance with the Gadield County ISDS
regulations as contained in Bocc Resolution Number 1994H-136.
The use, ,,small on-site Temporary Employee Housing Faclily! gollplrnce with section
5.02.23" witt be added as a use by rignt in if'e-S.Ot AA,3.O2A/R/RD, 3.03 RLSD,3'04 RLUD,
3.05 RGSD, 3.06 RGUD, 3.07 Ct, g.-Og cG, 3.09 0s, 3.10 RL, 3.11 R/MH/G/UD,3j2 Ll' 3'13
PA,3.14 DWC,3.15 CDWC
Definitions:
2.02.51 2 Temporarv Emplovee Housino Facilitv(ies):
8t31t2001 -28-
The use, during times of housing shoftage, of manufactured homes and/or recreational vehicles
as removable housin!,-utilized t6r a peri6O of time not longer than one year, for workers who are
engaged in a comme"rcial, industrial, mineral extraction or highway operation and who are
needed onsite for the proper execution and safety of the related operation, including:
1.
2.
tv.
house up to 6 workers on a Permitted Site, as defined in section
house 7 - 24 workers on a Permitted site, as defined in section
2.02.421;
6. Major Facilities which house 25 or more workers; or which house a fewer number of
workers, but are not wholly located on a Permitted Site; or which are planned to be
utilized for a period of time longer than one-year; or otheruuise meet the requirements of
Section 5.02.21 and Section 5.02.22'
such facilities are subject to land use approval by means of either an administrative process or a
public hearing pro""ri, under the circumstances, standards and requirements contained in
bections 5.05.21 or 22lor 231 ot this Zoning Resolution'
2,02.421 Permitted Site:
A parcel of land, generally a portion of a lot, as defined in Section 2'02'32' designated for a
commercial, industrial, mineral extraction oi high*ay operation for which a federal or state permit
is issued. To meet the definition of "permitted-Site";such permit must grant the approval of the
appropriate state or federal agency for the commercial, industrial, extraction or highway
activity(ies) and must require the provision of security for the reclamation (including revegetation)
of the site.
III. STAFF RECOMMENDATION
Staffrecommendsth@ionrecommendthattheBoardofCountyCommissioners
,ppror" the amendment as su-bmitted in Exhibit X, Exhibit Y, and Exhibit Z'
That the meeting before the Garfield County Planning Commissio.n ryas extensive and
complete, tnat ltl pertinent facts, mattere 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 and August B,2OO7 the Planning Commission held a meeting to
discuss the application which-was continued to the regularly scheduled meeting date of
September 12,2OO7.
That the proposed text amendment can be determined to be in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. Small Facilities which
2.02.421;
5. Minor Facilities which
3.
4.
8t3U2001 -29
That the application has met the requirements of the Garfield county Zoning Resolution
of 1978, as amended.
8t3u2001 -30-
GARFIELD COUNTY
Building & Planning Department
'108 8th Street, Suite 401
Glenwood Springs, Colorado 8'1601
Telephone : 970, 945. B 212 F acsimile : 970.38 4.347 0
www. sa rfie ld-countr,.com
Text Amendment to Zone District I Zoning Resolution
STAFF USE ONLY
F Doc. No.: Date Submitted: TC Date:
) Planner;Hearing Date:
GENERAL INFORMATION
(To be completed by the applicant.)
Name of Applicant (Propertv Owner):
Address: /Of .?ot 6/
G.- d, €
Telephone:
C-ct<State. CO Zip code: %/_rxx,
'n.. C), G-,/*1,)1/ r2/.r-2,,2",:
Address: /Og- AN- s/, 5/"-k QoiT '€ ?/ a
city: ((h,,5
F Specific Section of County Zoning Resolution of 1978 or PUD to be amended.
5e.f/a.2 '5-. cZ a
) Purpose for the proposed text amendment:
/7Qc5,a€.*z p/t
,*{*-- ,g ar zz-
Qn - ''' 1"s-< r'-- {yx,7 /}n-t ..n--rn /
) Name of Representative, if anv (Planner, Attornev, etc):
state: (O zip code: €rGP/ rPx:
-/-'7 U-"'/
STATE OF COLORADO
Co'unty of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners'Me":ting Room, Garfield Co*ty Courthouse, in Gienwood Springs on Monday
the 13e ofNovember,2006, there were present:
John Martin ' Commissioner Chairman
-6 rur"cor* , commissioner
Tr.ri Hrupt , Commissioner
Car"l)," D.htF." , Deputy County Attorney
f,rfifa*A afta"tf ' Clerk of the Board
J-*. S*itl, ' Assistant County Manager
when the following proceedings, among others were had and done, to-wit:
REsolurroN NO. zofr. - Jlgg
A RESOLUTION AMENDING THE TEXT SECTION 5.02,2I OF TITX GARFTELD
COTINTY ZONING RESOLIITION Otr' 1978 ADOPTING REGT]LATIOI\'
WHEREAS, on the 2nd day of January, 1979, the Board of County Commissioners of Garfield
County, Colorado, adopted Resolution No. iq-t concerring a Zowg Resolution for the County of
Garfreld, Stabe of Colorado; and
ryHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through 30-28-116'
C.RS. 1973, as ;;d"4 to provide for the approval of emend:nents to such Zoning Resolufion, and
the Board ha^s so arnended the said Resolution; and
WHEREAS, on December 16, 1991, the Board adopted a codified version of the Garfield
coung zonngResolution of 1978 and all subsequent amendments; and
WHEREAS, on October 11, 2006, the Garfield County plnnning
-Commission
recommended
approval of the proposed text amendment to Section 5.022I, Special Use Permits for Temporary
Employee Housrng;
WHEREAS, a public hearing was held on the 13e day of November.,20A6 before the Board of
Couaty Commissioners of Garfiild County, Colorado, at ttre Commissioners meeting room, Suite
100, Garfield Cognty Aclministrative Builiing, 108 8th Street, Glenwood Springs, Colorado, aslo
which hearing p"Uii" notice was given in-accordance with requirements of Section 10 of the
Garfi eld C ounty Z,an;rrlg Resoiution;
Page 1 of3
)
)ss\I
WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing
has made the following determination of fact:
i. That an application for a zone district text amendme,nts ll'ere naaCe consistent u'ith
tl" ,"qrrir"m"nts of Section 10.00 of the Garfieid County Zontng Resolution of
1978, as amended;
Z. That the Board of County Commissioners is authorized by the provisions of
Section 30-28-116, C.RS: 1973, as amended, to provide for the approval of
amendmentstotheGarfieldCounty/aningResolution;
3. That the public hearing before the Board of County Commissionsrs was extensive
and complete, that all pertinent facts, matters and issues were submitted and that
all interested parties were heard at the heanng;
4. That the Garfield County Planning Commission has reviewed the proposed zone
district text amendment and made a retorlmendation as required by Section 10'04
of the Garfreld county zonngResolution of 1978, as arnended;
5. That the proposed text amendments are in the best interest of the health, safety,
morals, con renicnce, order, prosperity and welfare of the citizens of Garfield
CountY'
NOW, THEREFORE, BE IT RESOLVED by the Board of county commissioners of
Garfield County, Colorado, that the Garfield County ZantngResolutio& adopted on the Znd day
of January, 1979, a11d identified as its Resolution No. 79-1, as subsequently amended by this
Board,
"nuU
U" and hereby is amended and said language will be incorporated rnto the codified
Garfield County Zoning Resolution adopted by the Board on December \6,1991 as shown on
the attached Exhibit A:
ADOPTED this
ATTEST:
day of ,20a6
GARFIELD COLTNTY BOARD OF
COMMIS SIONERS, GARFIELD
COTINTY, COLORADO
PageZ of 3
ChairmanClerk of the Board
upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
Larrv McCown , AYe
Treii Houpt , NaY
John Martin . AYe
STATE OF COLORADO
County of Garfield
)
)ss
)
,
-_,
County Clerk and ex-officio Clerk of the Board of
Corrty'C and- State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truty copied from the Records of the Proceeding of the
Board of County fs-;'rissioners for said Aarfiiid County, now in my office'
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
" +L;' r{qrr nf " A'D' 2006'County, at Glenwood Springs, this
-
day of
county clerk and ex-officio clerk of the Board of county commissioners
Page 3 of3
Garfteld County, Boerd of County Cormissionerg
As Adopted _r*i".Llri r.H
Exhibit A
5.A2.21$pecial Use Permits for Temporary Employee Housing:
(1) At times of severe housing shortage, extremely remote locations or other
emergency *nOition., sficiat ud permits for-temporary elPl^oy.egtousing in
the nature of manufactured homes ias defined ulde-r C.R'S' 42-1'102 (106) (b)I
and/or r""r""ti*"tr"t,i"ltt las defined under c.R.s. 4?-1-102 (61), with the
addition that such truck, truck tractor, motor home or campor trailer is being used
for tanrpora.ylirins quarters and not recreational purposesl may be granted for
Jroi.cti within Gahe6 County related to commercial, industrial, mineral
extraction ot nigh.r"V operations of substantial size in any zone d'strict by the
county co*rii.ionlrstnrough the specill u.se ryrit proc?s!: such housing
shail be ,f ,;;;;, nitutJ. At the expiration of !h9 permit, the lands shall be
restored ano att r,o*ing strudures and associated infrastructure shall be
removed. n"rir* oitnJpermit shall be subied to $9'!3 and $5'03 of the Garfield
County Zoning R"gri"tidn" of 1978 as Amended. Allspecial Uae Permits.for
Temporary filpfoiee Housing is subject to all a.pplicable building code, state and
federal p"*it i"qrirements, ite protiAion district requiremen6 and fire code
requirements.
(2) Special Use Permits for Temporary Housing: The applicant ehall Eubmit an, ' adequate sit" pfan, consistent witn 5S.0t.01 and including proposed water
supply, proposed method of sewagi treatment and names and addresses of
adiacent ProPertY owners'
(A) Water and wasterrrater systems proposed to service temporary employee
housing must comply with att appticaole state and local laws and regulations'
In addition, ,i t*lgu must be disposed of on-site using an lndividual
sewage Disposal system (lsDs) unless the applicant can prove:
l.That,atthediscretionoftheGarfieldCourrtyBoq'gofHealth,an
lsDssystemisnotfeasibleduetoenvironmental,topographicor
"ngi;""ring
conditions where the temporary housing is to be located;
or
2. That, at the discretion of the Garfield County Board of. Health, year-
round acces8 is available and maintained for safre and regular sccess
toise*age trauting vifticles. ln addition, the following conditions must
be met:
a. The applicant must demonstrate and guarantee an
arangement for hauling sewage; and.
b. The applicant must maintain ail records including but not
limited to trip log#reports and landfill recaipts; and
c. nil sewaLe aisisatrecords musl be maintained as public
records io oe dvamble to the county and/or any other
interested third party upon request; and
d. rhe temporary noriind must not exceed a cumulative of one
(1) Year at an aPProved location'
Gerfield County, Board of County Conmissioners
AsAdopted **HLl,r'"H
(B) For sites where potable water is hauled to and wastewater is hauled out'
applicants ,u"t i*p appropride rec:ords, to be provided to the County upon
request to demonstrate't'hat'water supplied to a eite is from an approved
source anA tnaiwastewater is disposeC at an approved facility' For facilities
liii;; t*;ntv-ioui ti+) people.or less, the operator must oonduct monthly
tests (or qrrri"rfy if *'on-siie disinfecfion sys!91is installed) and maintain
records of stored potable water samples specific for.coli form' Any tests
inoioting coli form contamination must be disclosed to the Garfteld County
Board ot neamfr oiAes6nee. Water systems serving twenty'five (25lpeopl:
or more must demonstrate conformance to state regulations by obtaining all
necessary state permits priorto the scheduling of a special use Permit for
Temporary Employee Housing public hearing'
(C) ln no case shall unsafe water be used for drinking nor shall ftrw sewage or
used water be discharged on the ground surface'
(D) Special use Permits for Temporary Employee Housing sites must be related
to one or more commerciat, industrial, mineral extrastion or highway ..
operatiorr rocationi and shall be limited to a spacing of at least one (1)mile
between t"rpolw employee housing sitas, regardless of land ornerehip or
operator. Speciai Use permits for Teriporary FTpl.oy"e Housing for oil and
gis extraction prtpot"s in the Resource Lands (RL) zoning district may be
lxempted by the SOCC from the one mile spacing if the operator can prove
thatthenoreingstrrAut"sanOallsupportingt{P:qqdurcwillbecontained
within ttte coioiaOo OiianO Ges Commission (COGCC) approyed Ye]Ug
and there will be no new additional land disturbance outside of the COGCC
"pp,,"o',rrettpaaarea.lftheapplicantisapplyingforaSpecialUsePermitforTemporrrvE:rnplovee Housing on an approved coGCC well pad, the
appticant *uit ptoiriOl the rebvint apprwed APD.permit indicating housing
location(s) a6n! wfth the application ior a Special Uee Permit for Temporary
EmPloYee Housing'
(3) The maximum allowable time lengrth of the $pecial Use PermitforTemporary
'-' empoyee Housing G *" (1) yeir. For good cauqe shown, the permit may be
renewBd annuallyTn , prOiiimeeting wilh notice by agenda only' Annualrenewal
review ehall be based on the standards herein as well as all conditions of the
permit. A permit may Oe revoked anytime through a public hearing called up by
staff ortha Board oiGounty Commissione6. By way of example and not
.
limitation, cor*inueA non-availability of e permanent housing inventory or the
nature of the
"nn*tru"tion
or extraction pioject may constitute "good Gause"-for
renewal. fne appiicant must provide an eslimated total cumulative length of time
the temporary "rpJJV"e
housing will be at the proposed location along with a
statement or inter*ions to request rcneural paet the one y,ear expiration date as
part of the Special Use Permit for Temporary Employee.Housing application'
F"ifri" to provide a statement of intention for renewal will prohibit the Special
use Permit for Temporary Employee Housing permit from future renewal
consideration.
(4) Temporary housing shall be located at a site suthorized by the Board of County
commissioners and identified on the relevant site plan submitted wtth the special
Use Permit for Temporary Employee Houeing. lnhabitants of the temporary
Garriard t* "'' to:X;l ::'^I}"ff HIT: "Jr"#
Page 3 of6
housing shall be applicarrt's employees andior subcontractors, working on the
related oonstruction or mineral extraction operation, and not dependents of
employees, guests or other family members'
(5) Temporary employee housing sites s.hall be maintained in a clean, safe and
'-' saniiary c'ondition, free of weLds and refuse' Any hazardous or noxious
materials that must be stored on site for operational or security reasons must be
managed in accordance wtth all applicable federal, state and local'laws and
regulations.
(A) Fire Protection General Requirements: Provisions shall be made for giving
atarm in case of fire. lt shali be the responsibility of the duly authorized
.
attendant or caretaker to inform alt employees about means for summoning
fire apparatus, sheriffs offtce and resident employees. All fir'es are subiect to
F07';the 2003 tntemationalFire Code (!FG) including butt not limited to_.
itrmitt, attendance, open fires, coal grills' fire b-ans and bon fires' One (1) or
more approved extinguishers of a type suitable for.flammable liquid or
electricalfires (ChsjA, Clags B and Class C), carbon dioxide or dry
chemical, shall be located in an open etation so that it will not be necessary to
travel more than one hundred (100) feet to reach the nearest exiinguisher. A
water storage tank may Oe reqirireO if Gourfi and localfire protection offtcials
deem it necessary'
(B) Bear-proof refuse containers must be provided fgl trash At leaet one thirty
(30) gallon (4 cubic feet) container shall be provided for each unit orthe
iqJiiatent in a centrattrash collection facility. Said containe(s) must be
durable, washable, non-aboorbent metal or plastic with tight-fitting lids.
Refuge shall be dispoaed of not lees than once weekly'
(e) Outdoor food ctorage is prohibited unless facilities that prevent the attraction
of animals to the teirporary employee housing site are provided.
(D)The applicant shall provide a detailed map and GPS coordinates to the
Garfield County Sfrirms ffice and the relevant Fire Protection District which
is sufficient for emergency response purposes, including location of the
temporary emptoyeinouiing site; private and public_roadways accessing the
site, marked as open, gated and/or looked; and detailed directions to the site
from a major puUiic riglt-otairay. The map is subject to apprornl b1 the
Garfield County Sherfos Office and relevant Fire Protection District.
(6) lf structures, requiring Building Permits under the Garfield coynty Building code,
are constructed for tfie commlrcial, industrial, highway proiect or mineral
.
extraction operation related to the Special Uee Permit for Temporary Employee
Housing, upon expiration or revocation of the permit Certificates of Occupancy
for such structures ehall be withheld until the temporary living quarters.are
removed and the site is restorcd to the satiEfaction of the County Building and
Planning Director.
(7) lt aspecial use Permit for Temporary Employee Housing is granted, the..' ' applicant shall notify the county when site development begins' The applicant.
siritt verify in writini, by site plbn and through photo documantation that the site'
Ga rft erd cou nty, ffi $,H l#r"Tffi lT:";ffi
Page 4 of6
water System' and sewage disposal system rlere designed, installed and
inspected in accorOan"*-"ritt tire said-special use..permit and comply with all
"pi,fi""Of"
regulations, permits, and conditions' Allwritten documentation and
*il-I pf"nr reit,ini cooipti"no'*ust be stamped by a certified Colorado
Engineer. fne coInty "EJ
r"r"*9i lhe right io inspect a site, without notiee, to
assesE comptiance *ttt tn" special use Permit for Temporary Employee. -
Housing. A determination of noncompliance with any.special use Permit for
fempoLr, Employee Housing, or condition approval thereof, is grounds for^
revocation or" rrr-p"nsion of sIiA permit, in accordance with Section 59'01'06'
(8) lf there is suitable permalgnt housing inventory available..in an area near the
commerciat, inOusirial, highway profct or mineralextraction operation as
determined at th;ei;;et[n oithe BOCC, the Special Use Permit forTemporary
Employee Housing shall not be granted'
(g) No animale shall be allowed at temporary employee housing sites.
(10) ln evaluating a reguest for a special use Permit for Temporary Employee' -'H;G;r, thiCounty Commissioners may require co.mpliance with additional
conditions of approval as may be needed to ensure the health, safety and
welfare of the Public. (A.81-263)
(11)The applicant shallsubmit as part of the speoialuse FryilforTemporary' ' ''i*pi,iliee
Housing, i rectamation and rev'egetation .nt11{or each specific site
aOdreising att poiilis in section eleven (11) within this 55'02'21'
a. Debris and waste materials, including, br.rt not limited to structures' concrete'
footings, sewage disposal systems ind related infrastrucilure, water storage
and related distribution infrastructure, roeds, and other sand, plastic, gravel'
pipe and cable shall be removed' All pits, cellars, and other holes will be
bact<filled .r *onlt pot.iOt" after ailequipment is removed to conform to
surrounding tenain. All access roads to tire'eite and associated facilities shall
be closed, graded and recontoured. culverts and any other obstructions that
urere part oitnu """"ss
road(s) shall be removed. Upon closure of a camp
facility, wastewater tanks shall be completely pumped out and either crushed
in place, punaureo and filled wlth inerlmaterial or removed' Any waste
material pumped fom a wastewater tank or wastg debris from tank removal
must be disposed of at an approved facilry that is permitted by CDPHE and/or
Garfield County to receive siia wastes. Materials may not be bumed or buried
(ottrer nan lsdsi on the premises. All disturbed areas affeciled by temporary
employee housing or subsequeril operations.shall be.reclaimed as early and
as nearty as fiaalcaule to their original condition and,shall be maintained to
control dust, weeds and minimize Jrosion. As to crop lands, if subsidence
occurs in tu.n ,i""t
"Oaftionaltopsoil
shatl be added to the depression and
the land shall be r+leveled as close to its originel contour as practicable'.
Reclamation shall occur no later than three (3) months after the Special Use
Permit for remporary Employee Housing explres or is revoked unless the
Director or aesibnee extenAs tfre time p&oci because of conditions outside
the control of the applicant'
b,Allareascompactedbytemporaryemployeehousingandsubsequent
Garfield County, Board of County Commission-ers' As Adopted **"'fll'i'"0ff
operations shall be cross-ripped. on crop land, such comPaction alleviation
o[erations shall be undertaken when the soil moisture at the time of ripping is
below thirty-five p"r""nitgS%) of field capaclty. Ripping shall be undertaken to
a depth ot-eightee; (18) inchei unless and to the extent bed rock is
encountered at a shallower dePth'
c. When a temporary employee housing site is remgve!, all'disturbed areas will
be restored and revegetatlO as soon as practicable. F-or dieturbed areas not
Llrr"i"Juythe Coldrado oit and Gas Conservation Commission' the following
regulations will aPPIY:
(1)Revegetationofcroplands'Altsegregatedsoil.horizonsremovedfrom, ' crop ianOs snatt Ue replaced to thiir originat reldive.positions and
contour, and shall Ue iitteO adequately io re-establish a proper seedbed'
The area shall be treated if necessary and practicable to prevent invasion
of undesiraOle specLs and noxious \^reedg, and to control erosion' Any
Gienniaf forage crops that were present before disturbance shall be
reestablished'
(2) Revegetation of non-crop lands. Atl segregatSd soil horizons removed
from non-c-p Lnat sfran Ue replaced to their original relative positions
and contou, i" n""1. as practicable to achieve erosion control and long-
term stability, and shall be tilled adequately in order to establish a proper
seedbed. fne dieturbed area then shall be reseeded in the first favorable
season. ReseeJing with species consistent w6h the adjacent plant
' ;ilunitv is enduraged. ln the absence of an agreement between the
applicant inO itre afe&eA surface owner as to what seed mix should be
used, the "ppfiont
shall consutt with a representativg 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, alldisturbed areas shallbe- k;pt fiae.of 'Garne6 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)oncropland,reclamationhasbeenperformed.asperll(cX1)ofthis' ' section, and observation by the Director or designee over two growing
Eaa6ons has indicated no iignificant unrestored subsidence.
(2) On non-crop tand, reclamation has been performed as per 1 1(cX2) of this
section, and the total cover of live perennial vegetation, excluding noxious
weeds, provides sufficient soils erosion control as determined by the
Director tnrouin a visual appraisal. The Dirertor or designee shall
consider tne tltat cover of iive perennial vegetation of adjacent or nearby
undisturbed tano, not including orrerstory or trBe canoPy cover, having
similar soils, slope and aspect of the reclaimed area'
(3) A final reclamation inspection has been compteted by the Director or
Garfeld County, Boerd of Courfi Commissionera
As Adopted Novemb€r 13, 2006
Page 6 of6
designee, there are no outstanding compliance issues relating to Garfield
Couity 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 Eecurity for
revegetation of disturbed areas in amount and in accordance with a plan
appr6ved by the Garfield County Vegetation Management Department' The-
ebturity snitt Oe held by Garfieli County untilvegetation_has been successfully
reestablished according to the standards in the Garfield County Vegetation
Management Plan adopted by resolution No. 2002-94, as amended.
g. Specifically as to reclamation, the applicant shall provide security for- reclamation of disturbed areas in amount and in acrcordance with a plan
apprcved by the Garfield County Planning Department. The.security shall be
frliO UV Garfield County until reClamation has been successfully completed per
Section 11 within this $5.02.21.
EXHIBITI Minor Temporary Employee Housing Regulalions
Zoning Resolution of 1978 as Amended, Section 5'0'z 2'zD$l?
Minor Temporary Employee Housing Facilities5.02.22 - Administrative Permit for
("Minor Permit"):
(1) Minor Temporary Employee Housing Facilities, in-the nature of manufactured
homes [as defined under-c.R.s.42-l-102 (106) (b)] andior recreational vehicles
[as defined under c.R.s. 42-1-102 (61;, wirr the addition that such truck, truck
tractor, motor home or camper trailer is being used for temporary living quarters
and not recreational purposes], may be granted land use approval for projects
related to commerciai, industrial and mineral extraction operations in. any Zone
District by the Building and Planning Department Director (Director)' through the
Minor Permit pro.".ri Such housirig shall be of a temporary nature, and at the
expiration or other termination of thiMinor Permit, all structures' foundations and
associated infrastructure shall be completely removed. Such facilities are subject
to a1 applicanie iequirements of Garfield County building and fire 9od9: (building
code, fire code), state and federal permits and relevant fire protection districts'
Minor Permits shall have all of the following basic characteristics:
A. The Minor Temporary Employee Housing Facility and any associated
infrastructure, i"Minor Faciliiy(ies)") must be completely contained
within a state or federally permitted parcel (such as a colorado oil
"nd G". Conservation Cbmmission (COGCC) approved oil/gas well
p"J) -ln which reclamation and revegetation are secured with 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.
Temporary employee housing facilities that do not have the three characteristics
listed above, i.e,, 25 or mot6 indiriduals at any one time, on location for more
il;r;;rruiv6 ot on" (1) year or not completely contained within a Permitted
bil, ;.;. ;;M;J;, iacititiesi,'are subject to the special use review process and
ri"riO"rOr anb 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
(Departmentfand 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
adminjstrative determination made, in accordance with the process
and timeframes outlined in Section 5, below. The Applicant, however,
may choose to apply for an AWDP consisting of multiple Minor
facitities to be deveiopeO within an identified amount of time, using an
accelerated administrative process, following approval of an AWDP,
T:\dpesnichaku-and Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor
Temporary Employee Housing 41-31-2001 'doc
Page I 8t21200'7
B.
zoninsResor.lYlffi li[r*f ::i:Tfi:f "':."ffI8Xr:Siil!fr
DRAFT
leading to multiple Minor Permits. Approval of an AWDP, however,
does not guarantee approval of each Minor Permit. Administrative
review is iequired for permitting of each Minor Facility, in accordance
with the process and timelines contained in section 5, below.
ldentity of Applicant. The Applicant for a Minor Permit or for approval
of an AWDP must be the owner of the sudace estate of the subject lot
(owner), consistent with section 9 of this Zoning Resolution. lf a
iepresentative is acting on behalf of the Owner, an acknowledgement
from the Owner shalT be included with the application submittals
required by section 4, below. Such an acknowledgment may be in the
form of a t-etter 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 sudace estate for
i-nstallation 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.
Public Notice: At the time of submittal of an application for a Minor
Permit or approval of an AWDP, the Applicant shall demo-nstrate that
notice was mailed to adjacent property owners within 200 feet of the
subject lot, as identified in the Gar{ield County Assessor's Records;
the Owner (unless the Owner is the Applicant and is not represented);
and separaied mineral estate owners, as identified in the records of
the Gar{ield County Clerk and Recorder' Public Notice shall include
at a minimum: name of the Applicant and representative (if different),
descriptionimap of the subject lot with proposed location of Minor
Facility(ies), general description of the proposed Minor Facility(ies),
explanation of ttre reconsideration process, outlined in Section 6,
beiow, with the timeframe to request reconsideration of the Director's
decision and contact information for the Department'
C.
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 master map/site plan in accordance with section 4(H), below,
identifying the proposed location and anticipated layout-for all Minor
Facilities-to be installed within the AWDP. Site specific, surveyed
maps depicting the location of each Minor Facility, located within 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.
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
A.
B.
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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 Gar{ield County Sherriff's Office, relevant fire
pr6tection district(s), and Garf ield County Building Department
consistent with Section 44 and B, below'
D. A legible photo of the state or federal "cerlifying stamp".for each
nouing unit anticipated to be used within the AWDP and
demonitration that each proposed unit meets current building code
and Gar{ield County fire code requirements'
E. A general description of infrastructure and services- liste-d 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 noticing has been performed in accordance
with Section 2(C) above.
Assuming approval o{ the AWDP, following the timeframe for
reconsidJration detailed in Section (6) below. The Applicant may proceed
to submit individual applications for the Minor Facilities proposed 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 Garlield County Sheriff's Office and
reLvant
.
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'
B. Sign-off:.review from the Garfield County Building Department of the
stite or federal "ceftifying 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
previoJsty 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 details regarding number and volume of potable water
tanks, source of water, name of hauler, hauler's Colorado Department
of public Health and Environment (CDPHE) registration number and
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copy of hauler's CDPHE certification, frequency of delivery, and
caiculation of water demand and demonstration of adequate capacity'
A general description of the system planned for collection and storage
of iewage and wastewater, along with details regarding number and
volume of sewage and wastewater vaults, name of hauler, frequency
of pickup, identifJcation of sewage disposal site, calculation of sewage
and wastewater treatment demand and demonstration of adequate
storage andior treatment capacity.
A general description of the system planned for -collection and
disf,osal of refuse, along with details regarding refuse collection,
inciuding number, type anO volume of containers; name of hauler;
frequenly of collection; and identification of refuse disposal site.
F. A list of adjacent surface owners within 200 feet of the subject lot (not
only the Permitted Site), as identified in the Garfield County
Assessor's records, and a list of separated mineral estate owners in
the subject lot, as identified in the Gadield 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 of 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 9.01.01 of this 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 subjeci lot and the Permitted Site; general relation to
:rii?yl_dilg public roads, private roads' adjacent utility
il:ftr;J1i13,"J'3!3fi ffi L:'ffi ll;i[3i*,.;,""?L?::TH3
municipalities within one (1) mile of the proposed Minor
5ffi I H "ffi
'i : "
TfH,Sll 3 ;i ?l? :$r:e,' ffi :qlix' T. iili
map shall be presented on a USGS 7.5 minute series
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 boundaries of the Permitted Site, including at a
minimum:sewageandwastewaterdisposal,trash
receptacles, pota-ble water storage, all other associated
infrastructure and all other equipment located within the
Permitted Site.
iii. ldentification of the private and public roadways accessing
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E.
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l.
(5) Timeframe of Review and Administrative Determination:
A. Upon submittal of an application for a Minor Permit or for approval of an
AWDp to the Department, a technical compliance check shall be
completed and noiice of compliance or non-compliance sent to the
Applicant by the Director within iourteen (14) calendar days of submittal.
Once an afplication for a Minor Permit or AWDP is deemed technically
compliant 'OV tf," Director, the Director shall issue a determination of
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Zoning Resolution of 1978 as Amended, Section 5 o'z
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eachMinorFacility'RoadwaysshallbemarkedaSopen,
gated,andiortoct<eo(includecombinations).Detailed
directions, with mileage, shall be given from the nearest
town to each Minor Facility, along each roadway'
iv. Name, address and phone number of surface owner of the
subject lot.
V.Name,addressandphonenLlmber,includinga24-hour
emergency response number of at least two persons
responsible for operator,s emergency field operations;
contactnumbersforlocalhospitals,emergencyresponse'
fire protection districts, Gar{ield county sheriff's office'
Life/Care Flight, and applicable regulatory agencies; site
safety/evacuation plan; and any other written response
plan ior potential emergencies at the Permitted Site'
vi. ldentification of the final dates of installation and removal
of the Minor Facility. The site plan shall include a notation
of the total cumula{ive length of time (number of days) that
the Minor Facility will be installed at the Permitted site.
The name, title, address, phone number and email address of the
Operator's employee or oiher authorized representative who is in
charge of ensuring that the Minor Facility is in compliance with the
stanJards outlined ln Section 5.02.22 ("Operator's Com pl iance Off ice f ').
A form, provided by the Department and signed by the operator,s
Compliance Officer, indicating that the Minor Facility will be installed in
accordance with all applicable GarJield County, state and federal
regulations.
A form, provided by the Department and signed by the operator's
compliance officer, indicating that the operator submits to the
enfoicement provisions identified within Section (B), below.
A copy of the permit from the state or federal agency, regulating the
Permiited Site, identifying the location, conditions of approval, time
period for whic.h the permit is valid and the parameters for reclamation
and revegetation of ifre Minor Facility once the state or federal permit
for the Permitted site has expired or is otherwise terminated.
J.
K.
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approval, approval with conditions or denial within fourteen (14)
calendar days following the date of technical compliance determination.
Failure Oy ttre Planniig 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 Director 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 determinition shall not be final forfourteen (14) calendar days
after the date of the determination in order to allow time for the applicant,
adjacent property owners within 200' of the subject lot, the owner(s), subject
lot separated mineral estate owners, and/or the Board of county
Commissioners (BOCC) to reconsider the determination made by the Director.
The Director's determination shall become final only after the expiration of this
tourteen (14) calendar day period, 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 detailed in (2xB), 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 requbst titeO witfr 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).
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iii. Notice by publication. At least thirty (30) calendar days prior to the
date of the scheduled Reconsideration Hearing, the aggrieved party
shall have published a notice of public hearing in a newspaper of
general circulation in the area 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 date of if,e scf'eOuled Reconsideration Hearing' the
ag6riereo party shall send by certified mail, return receipt
rJq"uested, a wiitten notice of the public hearing to the owners of
record of all adjacent property within 200' of the subject lot' The
notice shall inciude a vicinity map, the legal description of the
subject lot, a shorl narrative dbscribing the Minor Facility or AWDP'
and an announcement of the date, time and location of the
scheduled Reconsideration Hearing'
v. BOCC Decision. The BOCC shall conduct the Reconsideration
Hearing and, based upon the evidence received at the hearing, the
Board "may uptrold the Director's decision, modify the decision or
reverse the decision, based upon compliance of the proposed Minor
lx:ffil Lt'$"Iil:"il:':?i,ll'L:u #'tained
i n this Zon i ns
B. Call-up by Board. Within fourteen (14) calendar days of the date of
receipi oi notice of the Director's decision, the BOCC may at its
discretion, decide to reconsider the Director's decision at the next
regutarty scheduled meeting of the BOCC for which proper notice of
hearing can be accomPlished'
i. Call-up Vote. The BOCC shall consider the call-up request, by one
::r!*$ffi:T:"JiJ;#Iru:iii?3ii':'Tff '#"'liliff :;
the Fleconsideration Hearing'
ii. Notice by publication. At least thirty (30) calendar days prior to the
Oaie of the scheduled Reconsideration Hearing before the BOCC,
Hm*:i[:[i:l:':xiii'#?.i,:"j','"""?l*il?ii:,mi'[?J:":
Minor FacilitY or AWDP is located'
iii. Notice to Adjacent Property Owners. At least thirty (30) calendar
days prior to the date of if'e icf,eOuled Reconsideration Hearing, the
Direcior shall send by certified mail, return receipt requested, a
written notice of the fublic hearing to the owners of record of all
adjacent property within 200' of the subject lot. The notice shall
inctuoe a vicinity map, the legal description of the subject lot, a short
narrative desiribing the Minor Permit or AWDP, and an
announcement of t[e date, time and location of the scheduled
Reconsideration Hearing.
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iv. Decision by BOCC. The BOCC shall conduct the Reconsideration
Hearing and, based upon the evidence received at the hearing, the
Board "may upfrold 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 federal, state and local
laws and regulations'
B. Operator must keep and maintain appropriate records, to be provided
to the county or any interested third party upon request, to
demonstrate that potable water supplied and sewage and wastewater
meet the representations contained within the application, as required
bY Section 4(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 sudace.
The Jperator 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
Health or designee within 72 hours from the time the contaminated
water was tested.
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{itting 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 party 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
attractionofanimalstotheMinorFacilityareprovided.
H. Manufactured home or recreational vehicle units equipped by the
manufacturer with a fire sprinkler system, fire detection system, and/or
alarm system shall be inspected, tested, and maintained in
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accordance with 2oo3 IFC 5901.4 and s901.6 and as required by the
relevant fire protection district(s). smoke alarms and manual fire
alarm systems shall be installed, inspected and maintained in all other
manufa-ctured home or recreational vehicle units in accordance with
2003 lnternational Fire code (lFC) 5907.2.9 and s907'2'10 and the
requirementsoftherelevantfireprotectiondistricts.
l. single-station carbon monoxide alarms shall be placed in each
manufactured home or recreational vehicle unit'
J.one(1)ormoreapprovedfireextinguisher(s)ofatype-suitablefor
flamma'ble liquids, combustible materials and electrical fires (Class
ABC), carbon dioxide or dry chemical, shall be located in each
manufactured home or recreational vehicle unit and placed in
accordance with applicable codes'
K. lnhabitants of the Minor Facility shall be Applicant's employees and/or
subcontractors, working on ihe related commercial, industrial or
mineral extraction opeiation, and not dependents of employees,
guests or other familY members'
L. Within 10 days following the expiration or other termination of the
Minor permit or repres;nted date of removal identified within the
Minor Permit, all housing structures, foundations and associated
infrastructure shall be c-ompletely removed' The operator shall
providetheDepartmentwithphotos,datedandsignedbythe
Operator,s Compliance Officer, indicating that all housing structures,
foundations and associated infrastructure has been removed within
the sPecified timeframe'
M.NodomesticanimalsareallowedataMinorFacility'
N. Each Minor f.a9!ilV^shall have at least one (1) water storage tank with
a minimum of 250b gallons of stored water for initial fire suppression,
operation of sprinkier systems (if applicable) and wild land fire
Protection.
o. All emergency situations requiring action by any government agency
oitn" pr5tection district shali Oe documented in writing and presented
to the irlanning Department and Garfield County Sheriff's Office within
24 hours of the occurrence'
p. All required Access Permits shall be obtained from the Gadield
County Road and Bridge Department or the Colorado Department of
TransPortation.
e. The GarJield County Sheriff's Office and relevant fire protection
district(s) must be notitieO at least 24 hours prior to installation and
removal of each Minor Facility. The Department shall be copied on all
such notification, whether hard copy or electronic'
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Zoning Resolution of 1978 as hmended, Section 5'02'22 (New)
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R. Wastewater DisPosal:
i.VaultSystem:AllvaultSystemsshallbedesignedandinstalled
toaccommodatethemaximumnumberofpersons,identified
within the Minor Permit application, who will inhabit the Minor
Facility.lnaddition,allvaultSystemsshallbe.equippedwithan
overflowalarmdevice.Vaultsystemsshallbedesignedto
accommodateaminimumofTSgallonsofWastewaterper
person per day. lf a vault system is proposed or has been
approved, the ApplicanVOperator must:
a. Demonstrate that year-round vehicular access is available
andmaintainedforsafeandregularaccessforsewage
hauling vehicles'
b. Provide a copy of the contract for hauling sewage'
c.Maintainallsewagedisposalrecordsincludingbutn.ot
limited to trip logs--/reports and landfill receipts as public
records, avaiiablito the County and/or any other interested
third PartY uPon request.
ii. lndividual Sewage Disposal System (ISDS): .l an ISDS is
proposed or nai been' approved, then it shall be designed,
installed and operated to accommodate the maximum number of
persons who will inhabit the Minor Facility and shall otherwise be
6p"irtuO in accordance with the GarJield County ISDS regulations
as contained in BOCC Resolution Number 1994H-136'
A.
B.
(B) Enforcement:
Procedures: Violations of Section 5.02.22 are subject to Section 12
and section 9.01.06 of this Zoning Resolution and the procedures
contained in this Section (8).
lnspection: The BOCC reserves the right to inspect any Minor Facility,
including structures and infrastructure and any other related
il;;;;Jr"nts, and/or required documentation retated to the Minor
Facility, through its authorized representative(s), to determine if such
are in' compiiance with this Zoning Resolution and, specifically,
Section 5'o2,o2; the building code and fire code; and specific
conditions of the Minor Permit. such authorized representative(s) may
inspect lsDs systems under the county lsDS regulations (adopted by
AOCC Resolutlon 1994H-136). Any official performing an inspection
shall abide by all laws of search and seizure, as set forth by federal
and state statutory and constitutional provisions, in,.accessing the
Minor Facility, the hermitted Site and the subject lot. Visits to a Minor
Facility oy a tire protection district or the Gar{ield county sheriff's
Office will be reported to the Director.
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Zoning Resolution of 1978 as Amended, Section 5'02 23$?
Permit Revocation: All enforcement actions run with Minor Permits for
individual Minor Facilities and are not applied to AWDP's' lf it is found,
consistent with the procedure identified in section 9.01.06, that the
permitted Minor raciilty was not installed in conformance with or is out
of conformance witfr any of the standards established in this
Resolution, applicable building andior fire codes or specific conditions
of the Minor Permit, the Minor Permit may be suspended or revoked
by the Bocc. The BOCC may also suspend or revoke the Minor
PLrmit upon notice from a stats or federal agency or a fire protection
district that said agency or district has determined that the Minor
iacility is out of coripliance with that agency's 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 removal shall be provided to
the Builiing and Ptanning Department by 5:00 PM ol the foufteenth
irol caleniar day. sucn proof shall be in the form 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.
F.Three(3)RevokedPermits:Uponrevocationofthree.(3),Mjl?i
Permits, ifre Britding and Planning Director shall refer the fourth (4")
and all future MinoiPermit 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'
G. 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.
E.
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Major Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5'02'21
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5.02.21Special Use Permits for Major Temporary Employee Housing Facilities ("Major
Permit"):
(1) At times of severe housing shortage, extremely-.remote locations or other
emergency conditions, "p""i-rt
use fiermits for Major Temporary Employee
Housing Facilities in the nature of manufactured homes [as defined under C'R'S'
42-1-102 (1oo) (L)l anotor recreational vehicles [as defined under C'R'S' 42-'1-
102 (61), with'tfre'hOOition that such truck, truck tractor, motor home or camper
trailer is being used for temporary living quarters^and.not recreational purposesl
may be granteJ-for prolects wiyrin -GarJield County related to commercial'
industrial, mineral extraction or highway operations of substantial size in any
zone district by the County Comhissioners through the special use permit
pio."... Sucr, i'ousing thrri be of a temporary nature- At the expiration of the
permit, the lands shatl oe restored and all housing structures and associated
infrastructure shall be removed. Review of the permit shall be subject to $9'03
and $5.03 of the Garfield county Zoning Regulations of 1978 as Amended' All
special Use permits for Centralized- Employee HousingiMajor Temporary
Employee nousing Facilities is subject to all applicable building code' state and
federal permit req"uirements, fire piotection district requirements and fire code
requirements. M;j;; Tempoiary Employee Housing Facilities shall have at least
one of the following basic characteristics:
A.TheMajorTemporaryEmployee-HousingFacilitiesorany
associated infrastructuie (inciuding ISDS) ("Major Facility(ies)) is
notcompletelycontainedwithinaStateorFederallyregulated
parcel(suchaSaColoradooilandGasConservation
co'n,i""ion(CoGCC)approvedoil/gaswellpad)inwhich
reclamation and revegetaiion 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.TheMajorFacilitiesaretohousetwenty-five(25)ormore
individuals at anY one given time.
(2) Temporary Employee Housing Facilities housing 25 or fewer individuals at any
one given time, wiit be on locition for less than a cumulative 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 and .
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 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
David Pesnichak Page I 8t112001
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sewage must be disposed of on-site using an lndividual Sewage Disposal
System (ISDS) unless the applicant can prove:
1. That, at the discretion of the Gar{ield county Board of Health, an
lsDS system is not feasible due to environmental, topographic or
engineering conditions where the temporary housing is to be located;
or
2. That, at the discretion of the Garfield county Board of Health, year-
round access is available and maintained for safe and regular access
for sewage hauling vehicles. ln addition, the following conditions must
be met:
a'Theapplicantmustdemonstrateandguaranteean
arrangement for hauling sewage; and
b. The ipplicant must maintain all records including but not
limited to trip logs/reports and landfill receipts; and
c. All sewage'Ois[osai records must be maintained as public
records io be available to the County and/or any other
interested third party upon request; and
d. The temporary houiing must not exceed a cumulative of one
(1) year at an approved location; and,
e. if'"r" facilities shall be designed to accommodate 75
gallons of wastewater per person per day'
(B) For sites where potable water is hauled to .and wastewater is hauled out'
applicants must keep appropriate records, to be provided to the county upon
request to demonstrate that water supplied to a site is from an approved
source and that wastewater is disposed of at an approved facility. For
facilities serving twenty-four (24) people or leSS, the operator must conduct
monthly tests 1"or quarierty if
'an
on-site disinfection system is installed) and
maintain records oi stored potable water samples specific for coli form' Any
tests indicating coli form contamination must be disclosed to the Gadield
county Board of Heatth or designee. water systems serving twenty-five (25)
people or more must demonstrate conformance to state regulations by
obtaining all necessary state permits prior to the scheduling of a Special Use
Permit for a Maior 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, mineraiextraction or highway operation locations and
shall be limited to a spacing of at least one (1) mile between Major Facilities,
regardless of land ownership or operator. Special Use Permits for Major
TJmporary Employee Housing Facilities for oil and gas extraction purposes in
the Resource Lands (RL) zoni-ing district may be exempted by the BOCC from
the one mile spacing it t]'.re operitor can prove that the housing structures and
all supporting infraslructure will be contained within the Colorado Oil and Gas
Commission (COGCC) approved well pad and there will be no new additional
land disturbance outside of the coccc approved well pad area' lf the
applicant is applying for a Special Use Permit for Major Facilities on an
David Pesnichak Page 2 8t112001
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", "
x*?$, I"#%??y, 5 :$ffi HJ:[3"ffi
,J lxTi
DRAFT
approved cocCC well pad, the applicant must provide the relevant approved
APD permit indicating housing location(s) along with the application for a
Special Use Permit for Major Facilities'
(a) The maximum allowable time length of the Special Use Permit for Major
Temporary fmptoyee Housing Facililies is one (1)year. For good cause shown,
the permit may Ue 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 fermit. A permit may be revoked- anytime through a public
hearing called up'by staff oi the Board of County Commissioners' By way of
example and noi limitation, continued non-availability of a permanent housing
inveniory or the nature of the construction or extraction project may constitute
,,good cause" for renewal. The applicant must..provide an estimated total
cumulative length of time the Major Facility(ies) will be at the proposed location
along with a itatement of intentions to request renewal past the one year
expiLtion Oate ai prrt of the Special Use Permit for Major 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 lle.Bo.ard,of county
commissioners 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 andior sibcontractors, 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 refuse. Any hazardous or noxious materials that must be stored on
site for operational or security reasons must be managed in accordance with all
applicable federal, state and local laws and regulations'
(A) Fire Protection; General Requirements: Provisions shall be made for giving
alarm in case of fire. lt shall be the responsibility of the duly authorized
attendant or caretaker to inform all employees about means for summoning
fire apparatus, sheriff's office and resident employees' All fires are subject to
S3O7 of the 2008 lnternational Fire Code (lFC) including but not limited to
permits, 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 Juppression 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'
David Pesnichak Page 3 8t112007
Maior Temporary Employee Housing Regulations
Zoning Resolution o{ '1978 as Amended, Section 5'02'21
DRAFT
(c) outdoor food storage is prohibited unless facilities that prevent the attraction
of animals to the Mijor 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, including location of the
Major Temporary fniptoybe Housing Facilities site; private and public
roadways accessing the site, marked as open, gated andior 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 Garfield county Building code'
are constructed for the commercial, industrial, highway project o-r. 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.
(8) lf a Special Use Permit for Major Facilities is granted, the applicant shall notify the
county when site development 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 special use permit 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 ass-ess compliance with the Special Use Permit
for'Major Facilities. A determination of noncompliance with any Special Use
Permit for Major T"*porrry Employee 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 bocc, the special 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 FaJilities, the County Commissioners may require compliance with
additional conditions of approvhl 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 reclamation and revegetation plan- for each
specifit site addreJsing all points in section eleven (1 1) within this $5'02'21 '
David Pesnichak Page 4 8t1t2001
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I#li J,"#%??Y, 5 :5 :Lxx [J:!:.ffi !!]T i
DRAFT
a. Debris and waste materials, including, but not limited to structures, concrete'
footings, sewage disposal systems and related infrastructure, water storage
and related distribution infrastructure, roads, and other sand, plastic, gravel,
pipe and cable shall be removed. All pits, cellars, and other holes will be
backfilled aS soon as possible after all equipment is removed to conform to
surrounding terrain. All access roads to the site and associated facilities shall
be closed,-graded and recontoured. culverts and any other obstructions that
were part oJ tf,e access road(s) shall be removed. Upon closure of a camp
facility, wastewater tanks shali be completely pumped out and either crushed
in plice, punctured and filled with inert material or removed' Any waste
material pumped from a wastewater tank or waste debris from tank removal
must be disposed of at an approved facility that is permitted by CDPHE and/or
GarJield County to receive said wastes' Mlterials may not be burned or buried
(other tnan lSbS) on the premises. All disturbed areas affected by Major
i"1nporury fmptoyee Housing Facilities or subsequent operations .shall be
reclaimed as early and as nea-rly 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
oi is revoked unless the Director or designee extends the time period because
of conditions outside the control of the applicant'
b. All areas compacted by Major Temporary Employee Housing Facilities and
subsequent operationt tt',rlt-be cross-ripped. On crop land, such compaction
alleviation operations shall be undertaken when the soil moisture at the time of
ripping is below thirty-five percent (35%) of field.capacity. Ripping shall be
undertaken to a depih of eighteen (18) inches unless and to the extent bed
rock is encountered at a shallower depth'
c. When a Major Temporary Employee Housing Facilities site is removed' all
disturbed areas will be restored and revegetated as soon aS practicable' For
disturbed areas not regulated by the Colorado Oil and Gas Conservation
Commission, the following regulations will apply:
('l) Revegetation of crop lands. All segregated soil horizons removed from
crop lands shall be replaced to their original relative positions and
contour, and shall be tilled adequately to re-establish a proper seedbed'
The area shall be treated if necessary and practicable to prevent invasion
of undesirable species and noxious weeds, and to control erosion' Any
perennial forage crops that were present before disturbance shall be
reestablished.
(2) Revegetation of non-crop lands. All segregated soil horizons removed
from non-crop lands snait be replaced to their original relative positions
and contour as near as practicable to achieve erosion control and long-
term stability, and shall be tilled adequately in order to establish a proper
seedbed. The disturbed area then shall be reseeded in the first favorable
season. Reseeding with species consistent with the adjacent plant
community is encolraged. ln the absence of an agreement between the
David Pesnichak Page 5 8t1t2001
d.
a
.".,,X#3J,J,i#T'?y,5:s';[?HJ:5i.fff 'd11."1i
DRAFT
applicant and the affected sudace owner as to what seed mix should be
used, the applicant shall consult with a representative of the local soil
conservation district to determine the proper seed mix to use in
revegetating the disturbed area.
During occupation and reclamation operations, all disturbed areas shall be
["pt it"" of Garfield 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 per{ormed as per 11(c)(1) of this
section, and observation by the Director or designee over two growing
seasons has indicated no significant unrestored subsidence'
(2) On non-crop land, reclamation has been performed as per 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 appraisat. The Director or designee shall
consider the tojal 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
Couity rules, regulations, orders or permit conditions, and the Director or
designee has riotified 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
appr6ved by the GarJield County Vegetation Management Deparlment' The
sbfurity stralt Oe held by Garfield bounly until vegetation has been successfully
reestablished according to the standards in the Garfield County Vegetation
Management Plan adopted by resolution No. 2002-94, as amended'
David Pesnichak Page 6 8/1t2001
EXHIBIT
Memorandum
To: Garfield County Planning Department
From: Andy Schwaller - Building Official
Date: 511412007
Re: Building Code Issues- Temp. Housing - 5'9'07 PC Meeting
Response to Building Related Issues Expressed by the commission
l. 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 requirements of the building code. Tie downs are required as per
manufacturers' recommendations.
2. Sprinkler systems are required by the code. Due to the remote nature of these camps,
"."rg"n"y-r.rvices
wouid not b; in a timely manner. These units need to be self
sufficient and a fire sprinkler system is possibly the only form of immediate fire
fighting available. In addition, people are more likely to be hurt by a fire or smoke
*-nit" tf,"y are sleeping. I believe the sleeping quarters 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 regulations' The county
has the ability to contract with any enforcement agency for areas outside of fire
districts. Using the local fire districts guidelines helps to promote uniformity in the
regulations based on local conditions.
4. Under rhe DESIGN CRITERIA (Other Facilities) of the CDPHE ISDS regulations, a
vault, if permitted by the local health board may be permitted under limited use
o."upun.y for water carriage sewage systems on property which cannot
accommodate a sewage treatment system. The typical approved well site probably
does not have available room to accommodate a septic tank and field with the
required set backs. Also due to the short duration of some of the man camps, an
ISDS system may not be the best option. on the larger more permanent man camps
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 certification seal attached. The units 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'
L2
51"'-,./ * t*,
- Q, nz-'-o"- &
Add this to Sec (3). (PurPose
shortening the time before it is
C 1, 'v,c,.z s -1t/, b,-z re- CC u,
t?e., ? o-q,a/ 4au1.9 Too'7" o*za{ ./ ,1./ ,
y drilling out Pad locaYrons and tois to promote comPletelY dril
revegetated. tt witt also promote greater sudace spacing')
"Applicant may request a permit exceeding one year when directional drilling from one pad which
exceedsl60acresurfacespacingisplanned. Drillingof thesesweltswill exceedoneyearto
accomplish and present good reaions for exceeding ifre one year time limit providing that the
wells are dlilled in conselutive order with no break in time caused f rom moving the rigs to a new
or different location before completing all required wells'"
Add to Sec (5) (D) after first sentence. This is needed to let EMS personnel know in, advance
what they may encounter. Currently this stuff is not marked on site and presents a definite
danger to EMS personnel.
"This detailed map shall show all building, structures, tanks and storage areas' The locations of
any chemicals or hazardous materials ai defined in CERCLA and RECRA must be noted on the
map and marked on site."
Add to (1 1)
"...Faciliiies, a reclamation and revegetation plan and a monitoring planforeach specific site"'"
Add to Sec (1 1) a.
Add after last sentence.
"Revegetation shall be done within 48 hours after final dirl work has been completed' lf
broadJast seeding is done, it shall be done prior to any precipitation or wind events that will cause
the soil surface 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 compleiing finaldirtwork'
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 seed. lf seed is drilied then crusting is not a problem'
iinal revegetition objectives will be mel within 5 years of the start of reclamation'"
(1 1) c. (2)
bnrng" t'he third sentence to read. "The disturbed area shall be reseeded within 48 hours after
completion of final dirl work."
change the fourth sentence to read. "Reseeding with species consistent with the adjacent plant
commiunity is required unless the affected landoirner requests that a different species mixture be
used."
Delete the fifth sentence.
(1 1) e. (1) & (2) The following paragraphs will be substituted for (1) and (2)
,,A Monitoring plan will be submitted as a part of the Revegetation Plan with the permit application
f or a Major T-emporary Employee Housing Facilities. The Plan will address these oblectives'
Successful revegetatibn *itl U"" when the percent cover of the seeded species meets the following
objectives relative to the percent cover in the surrounding undisturbed vegetation type' lf
revegetation is directed to return the site to a grassland type, then that will be the undisturbed
EXHIBIT
control type. lf a shrub/grass vegetation type is selected, then that will be the undisturbed control
type. lf ihe surface o*nlt 1."qr"itt a mixiure 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
planteJ to the tame grass species requested. To meet the revegetation objective, data analysis
must show that the mean percent cover of the disturbed 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 equalto the currant surrounding crop land assuming the same
plant species are involved."
"The Monitoring Plan, using a standard experimental design with show how the percent 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."
,1esting of revegetation success will not be starled 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
compleie successful revegetation. Bond will not be reieased until successful revegetation
objectives have been met. When the percent cover of the disturbed areas has met or exceeded
the above objeciive for successf ul revegetation for at least the last two years of the f ive year time
f rame, revegetation will be deemed successful."
David Pesnichak
From:
Sent:
To:
Subject:
Susan Parachini [ssparach@smtpgate.dphe.state'co'us]
Thursday, May 17, 2OO7 4:07 PM
David Pesnichak
RE: Labor Camp Regulations
Hi Dave,
I wanted to get back to you with regard to the meeting we had this afternoon regarding the
final question of your earlier inquiry. You'. questi-oi was whether CDPHE would override
Garfield county,s jurisdiction to-impiement fuither and additional regulation and permit
reguirements for these camPs.
rt appears that the colorado Revised statutes Title 25 Article l- Part 6 "Local Boards of
Healthtr provides rule-making authority to Local Boards of Health- fn other words,
GarfieLd County would have jurisdictiln to implement further and additional regulations
ind permit requirements for these camps provided they are at feast as stringent as any
state requirements.
our attorney stipulated that Garfiefd county should seek the 1egal counse] of the county
attorney or indeiendent lega1 counsel to prlvide 1egal guidance on this issue '
If you have additionaf guestions, please feel free to give me a call'
Regards,
Susan
Susan Parachini
Retail Food Program Manager
Consumer Protection Division
colorado Department of Publ-ic HeaLth & Environment
CPD-GS-82
43oO Cherry Creek Driwe South
Denver, Coforado 80245-1'530
Phone: 303 -692-3645/rax: 303-753-5809
susan. parachiniostate . co . us
>>>,,David Pesnichak" <dpesnichakOgarfield-county.com> 05/1-6/ O7 5: 04 PM
Hi Susan,
Thanks for your attention to this matter; 1 look forward to hearing back from you in
regards to Pre-emption.
Best,
Dave
David Pesnichak
Senior Planner - Long-Range
Garfield County
LO8 8th Street, Suite 401
Glenwood SPrings, Co 81601
TeL: (970) 945-82L2
Fax: o7 O) 384-347 O
Email : dpesnichakogarf ield-county. com
www . garf ield- county. com
- - - - -Original Message- - - --
From: Susan parachini [mailto:ssparach@smtpgate'dphe'state'co'us]
Sent: WednesdaY, MaY 15, 2OO7 4:13 PM
t
EXHtBiT
i'-t
J
To: David Pesnichak
Cc: Barbara Hruska; PATRICIA Kfocker
Subject: Labor CamP Regulations
Hi David:
your recent. inquiry regarding Labor Camps (Temporary Employee Housing
aka Man-Camps) -to garUira Hruska was forwarded on to me for response as
an area under my responsibility. Your message to Barbara included
several guestions which I will do my best to address '
(1) Are the Labor Camp Regulations (6 CCR 1O1O-11, adopted June l-8,
1g5g) still currenL arra in effect? The answer to this question is yes.
Although the regualtions were adopted in L968, they are still the
regulaf.ion in place and in 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 rrman-camp" development that is occurring in rel-ation to oil and
gi" u*tr"ction in various areas around the state. The regulatsion was
iromulgated by the state and may be enforced by the locaf or county
health agency.
(3) CDPHE enforcement of thesertman-campsrror housing units has not been
dorru ptorctively, but rather on a complaint only basis '
(4) we are researching the response to you last inguiry regarding
whether CDPHE would oie.ride Garfield County's jurisdiction to implement
further and additional regulation and permit requirements for these
camps. we will be meeting with our Department's attorney Lomorrow
aftetrnoon regarding this [uestion and will get back to you as qucikly 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
Retail Food Program Manager
Consumer Protection Division
Colorado Department of Public Health & Environment
CPD-GS -82
43OO Cherry Creek Drive South
Denver, Colorado 80246-1530
Phone: 303 -692-3645 /geXl. 303-753-5809
susan. parachini@state . co . us
EXHIBi?
July 16,2007
Garfield County
Building and Planning DePartment
Attention: David Pesnichak
1oB 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 changes 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, 2007, we are proposing the following 3-tier
system for permitting temporary employee housing:
a) Tier'1 - permit bi 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 th{ th9
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-four (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
lemporary Employee Housing, would apply.
2) The standards that would be appliclble to all temporary employee housing,
regardless of the number of peop'le housed, would be the same, as outlined in
Section 5.02.22 (4) of the enclosed document'
3) Consistent with the direction received from the Planning Commission on May
...t1:-^ t^-g, 2007, the enclosed document incorporates SgD$nIi
noncompliance (Section 5.02.22 (5) (B ). Howevel 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. Divid Pesnichak, Senior Planner, Garfield County Building & Planning
Page2
4)
an opportunity to rectify the issues prior to imposition of a fine or revocation of
a permit.
at the for call-up or reconsiderationWe
the Director's
er measu
is tYPe of. housing
,nO t6r potentially significant penalties to encourage compliance with these
standard's, it is import--ant for Garfield County to understand the time-sensitive
ture of these aPPlications.
5)W" ;;" ,i;;-il;ilmending that the word "... or used water ..." be deleted
from the standards in Secti6n 5.02.22 (4) (C.) to allow for the possibility of the
discharge of treated wastewater. of course, we recognize that any proposed
treatmeirt systems or discharge of treated wastewater would be subject to
approvats 6V Garfield Coun[y 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 Mijor Temporary Employee Housing Regulations.
Cc:Mr. Phillip Vaughn, chair, Garfield county Planning commission
We appreciate very much the opportunity to review this latest draft and your willingn?ss
to continue to find an efficient process fbr permitting this housing. We look fonruard to
participating in the August A, ZOOI Planning Commission meeting to discuss this issue
further.
Sincerely,
See attached signature Pages'
Enclosure - As Stated
bf
we are ln
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
i"hporrry Housing Regulations - Sectio n 5.02.22 of the Garfield County Zoning Resolution of
1978
Company
Nameffitle of Signatory:
Date: July 16,2007
To: Mr. Divid Pesnichak, Senior Planner, Garfield County Building & Planning
Signature sheet for document titled Comments to Garfield County's June 12,2007 Draft Minor
i""rporrry Housing Regulations - Section 5.02.22 of the Garfield County Zoning Resolution of
1978
Company
Name/Title of Signatory:
Signature
Aate: JulY 16,2007
To: Mr. David Pesnichak, senior Planner, Garfield county Euilding & Planning
signafure sheef for document titted comments fo Garfretd county's June 12' 2007 Draft
Minar Temporary Housing Regutaiions - secfi on i.\z.zz of the Garfield county zoning
Resolution af 1978
Company
rLL ,: l?-tlT
Name/Title of Signatory :
3ct q:r ll,t 6 ri* 2
Signature
- l l tmrT'!rgmt'
Date: JulY 16,2007
ior Mr- Divid'pesnichak, Senior Planner, GarJield County Building & Planning
Signature sheet for document titled Comments to Garfield County's June 12, 2007 Draft Minor
i*"rporu.y Housing Regutations - section 5.02.22of the Garfield County Zoning Resolution of
1978
Nameffitle of Signatory:
v^,ste V -l^,4+W vltuh h/visov
r L$;fr
Date: July 16,2007
To: Mr. David Pesnichak, Senior Planner, Garfield County Building & Planning
Signature sheet for document titled Comments to Garfield County's June 12, 2OOT Draft Minor
Temporary Housing Regulations - Section 5.02.22 of the Garfield County Zoning Resolution of
1978
Company
Name/Title of Signatory:
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5 o'z 'z|$l?
S.OZ.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.5.42-i-102 (106) (b)] and/or recreational vehicles
[as defihed under C.R.S. 42-1-102 (61), with the addition that such truck, truck
iractor, motor home or camper trailer is being used for temporary living quarters
and not recreational purposesl may be granted for projects within Garfield
County related to commercial, industrial and mineral extraction in any zone
districi by the planning Director through the Permit-by-Notice or Administrative
Permit piocesses. Sucir housing shall be of a temporary nature' Althg expiration
of the permit, all housing struCtures, foundations and associated infrastructure
shall be completely remo--ved. 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 Lmployee Housing Facilities shall have all of the following
basic characteristics:
A. The Temporary Employee Housing Facility and any associated
infrastructure (including [SOS) must be completely contained yltll ,
county, State or Federally regulated parcel (such as a coGCC
regulaied oil/gas well pad) in which reclamation, restoration and
revegetation stindards 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 individuats 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
iwenty{our (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 applicant shall notify Garfield County of its intent to provide Minor
Temporary Housing by submitting a site-specific notification of the
specific equipment, siie lay-out, and anticipated dates of installation
for each site. tnis site-specific notification shall be submitted to the
Gar{ield county Local Governmental Designee (LGD) with the
Application for Permit to Drill (APD) package that is submitted to the
t-OO 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.
i. A vicinity map indicating the section, township, and
range oi tne permit site location; general relation to
surrounding public roads, private roads, adjacent utility
systems, residential development, the applicant's
actively permitted Major Temporary Employee
lndustry Comments
Page 1 1/1812007
Minor Temporary Employee Housing Regulations
Zoning Besolution of 1978 as Amended, Section 5'0'z
'z?$?'uJ
Housing, topography at a minimum of 5' intervals,
natural drainage courses and municipalities within one
(1) miles of the proposed Minor Temporary Housing
biie; nortn arrow and scale; GPS coordinates; and
current surface 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 surface
owner(s).
Provide name, address and phone number, including a
24-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
pian; 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 poiable 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 and/or 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'
viii.
Industry Comments
Page 2 1t18t2001
iii.
iv.
vi.
vii.
zoningnesottllffi IiH"::%5TXi""'.:"t:'"'['lTX':Siffiij
DBAFT
B. Within 10 days of completing installation at an individual site, the
applicant shail submit to the Planning Director written verification, by
site plan, through photo documentation and other documentation that
the development is in compliance with all standards set forth in this
Resolution and is consistent with all representations made in the
notification for Minor Temporary Employee Housing. Verification of
installation shall be made by an individual with the appropriate
expertise (e.g., safety professional, engineer, construction supervisor,
etc.) prior to occupancy. Such verification will be in the form of a
checklist (Appendix A) and will address each of the standards outlined
inltem(4),below.lnaddition,theapplicantshallprovide
documeniation 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 applicant verifying that notification was
provided.
(3) Administrative Permits for Minor Temporary Employee Housing on Location:
A. The applicant shall submit an adequate site plan, consistent with
S9.O1.bi and shall be subject to review and approval from the
totlowing agencies including, but not limited to the Gadield County
Sheriff'J Ofiice, relevant fire protection district as well as the Gadield
County Building and Planning Department. All site plans shall include
the following information :
1. 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,
iesidential 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 sudace ownership on a USGS 7'5
minute series quadrangle at a scale of 1"=2000''
ii. ldentify Temporary Employee Housing within the permit
site location; wastewater disposal, trash receptacles,
potable water storage, all other associated infrastructure
as well as any/all other equipment located within the
perimeter of the permit site location'
iii. ldentify private and public roadways accessing the site;
marked as open, gated, and/or locked (include
combinations); and detailed directions with mileage
included for each roadway from the nearest town'
iv. lnclude name, address and phone number of sudace
Industry Comments
Page 3 1il812001
Industry Comments
Page 4
Minor Temporary Employee Housing Regulations
Zoning Resolution 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 field operations; contact
numbers for local hospitals, emergency response' fire
department, sheriff, Life Flight, and applicable regulatory
agencies;sitesafety/evacuationplan;andwritten
responseplanforthepotentialemergenciesthatmaybe
associatedwithdrillingoperationsatawelllocation'
vi. ldentify the boundaries of the State or Federally permitted
areaonwhichtheTemporaryEmployeeHousingistobe
located.
vii. ldentify the dates of installation and removal of the Minor
Temporary Housing Facility' lf the Minor Temporary
Empioyee Housing facility is part of an Area Wide
Development Plan, than estimated dates of installation and
remova|mustbeprovidedforeachfacility.TheBuilding
and Planning Department must be notified prior to
installation and removal of each facility'
B. The operator of the Minor Temporary Employee Hoylino shall submit
and be approved for an Administrative Permit for Minor Temporary
Employee ilousing by the Gariield County Planning Director prior to
commencing installation. ln addition, the Applicant shall have obtained
all necessary application sign-offs from the Gadield County Sheriff's
Office, relevant iire protection district and Garfield County Building
Department prior to submittal to the Garfield County Planning
Department. it an Area Wide Development Plan is to be submitted,
the Applicant shall provide sign-offs for each facility to be installed'
This application shall include:
i. A description of the water system used to provide and
store poiable water to personnel. lnclude number and
Volume of tanks; Source of water; name of hauler; hauler,s
colorado Department ol Public Health and Environment
(CDPHE)registrationnumberandcopyofcertification;
irequency of delivery; and calculation of water demand and
demonstration of adequate capacity'
ii. A description of the system used to collect and dispose of
Sewageandwastewater'lncludenumberandvolumeof
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. include number, type and volume of containers;
111812001
t/,
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5 02 22 $?
nameofhauler;frequencyofcollection;andrefuse
disposal site.
iv. A list of all surface owners abutting and within 200 feet of
thesubjectparcelasidentifiedintheGadieldCounty
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 Temporary Employee Housing permits, but may act as a means
of acceleraiing the permitting process. lf the Applicant is submitting an
Area Wide Development Pian, 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
requirementJ 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
Temporary Employee Housing facility, the Applicant or designated
representitive shall provide a signed form provided by the Building
and Planning Department indicating that the facility will be installed in
accordance wittr att applicable GarJield County, State and Federal
regulations. As apart of the sign-off, the Applicant shall provide the
rei-evant 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
th6 above mentioned departments indicating that such notification
was received.
Public Notice:
i. Prior to approval of the Temporary Employee Housing
administrative permit, the Applicant shall demonstrate that
notice of the proposed development had been mailed to all
abuttingpropertyownerSwithin200feetoftheparcelas
identified in the GarJield 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 description of the proposed
admrnistrative permit and nature of the permit, date of
deadline for appeal and contact information for the Garfield
CountyPlanningDepartmenttosendcommentsand/or
request for aPPeal.
D.
E.
Industry Comments
Page 5 1/18t2001
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5 02'22 (New)
DRAFT
ii. 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 of an Area Wide Development Plan for all
proposed facilities to be installed'
iii.oncetheMinorTemporaryEmployeeHousing
administrative permit or Area Wide Development Plan in
whichpublicnoticingwasconductedisapprovedbythe
Gar{ield County Planning Director, it shall not become
effective until fourteen (14) calendar days following the
approvaldate.Thereshallbeafourteen(14)calendarday
peiioo during which time aggrieved residents may appeal
the application to the Board of county commissioners in a
Public Hearing.
F. Review Process
i.
ii.
G. Conditions of APProval:
iii.
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 to 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
piovision of iervices 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
*ltnin ten (10) working days from the date the application
is deemed comPlete.
Within twenty (20) working days of the date of
determination of completeness, or close of the comment
period if the application is referred for comment, the
Industry Comments
Page 6 7t1812007
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section U'O' '2,$fll
Director may approve, approve with conditions or deny the
Administrative Permit.
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;
iandscaping, buffering, or screening; posting of adequate
financial guarantees; or any other measures necessary to
mitigate iny significant impact on surrounding properties
and public inf rastructure.
Once the Director issues a determination on the
application; the determination shall not be final for fourteen
(i4) calendar days after the date of the determination, in
order to allow time for the applicant andior 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 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 be discharged on the ground surface. 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 Garfield County Board of Health or designee'
ii.
iii.
iv.
lndustry Comments
Page 7 1t1812007
D.
E.
zoninsResor.llffi IiHJX1SI,|i""'.:"'f,[TSx,:8iil:fr
DRAFT
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
all 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 party upon request, to demonstrate the refuse is
collected and disposed of at an approved facility.
Outdoor food storage is prohibited unless facilities that prevent the
attraction of animals to the temporary employee housing site are
provided.
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, and maintained in
accordance with 2003 IFC 5901.4 and s901.6. smoke alarms and
manual fire alarm systems shall be installed, inspected and
maintained in all other manufactured home or recreational vehicle
units in accordance with 2003 lnternational Fire Code (lFC) 5907.2.9
and $907.2.10.
Single-station carbon monoxide alarms shall be placed in each
manufactured 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
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. ln addition, the
Applicant must provide a copy of the permit from the issuing agency
identifying the location, conditions of approval, time period for which
the permit is valid aS well aS parameters of reclamation, revegetation
and rehabilitation of the site once the permitted activity has expired.
No Minor Temporary Employee Housing Facilities shall maintain a
cumulative of one (1) year at any single location. ldentify the date that
the facility will be installed and the date the facility will be removed
from the iite. ln addition, identify the total cumulative length of time (in
F.
G.
L.
Industry Comments
Pa-se 8
H.
t.
J.
K.
'7fi8/2001
M.
zoningnesotYli.":li#'":Xi5Tfi""f ".::illTXr:8iilli]
DRAFT
days) that the Minor Temporary Housing Facility will be installed at the
specified location.
Minor Temporary Employee Housing Facilities will house employees
of the appliciOle industry including its contractors and/or
subcontractors that are necessary for the safe operation of the activity
being conducted. Under no circumstances shall 25 or more
individuals be housed on any one permitted location.
lnhabitants of the temporary housing shall be applicant's employees
andior subcontractors, working on the related operation, and not
dependents of employees, guests or other family members'
within 10 days of the expiration of the said permit, all housing
structures, foundations and associated inf rastructure shall be
completely removed. The Applicant shall provide the Garfield County
Planning Department dated and signed photo documentation
indicating that all housing structures, foundations and associated
infrastructure has been removed within the specified timeframe.
No domestic animals shall be allowed at any Minor Temporary
Employee Housing Facilities.
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 agency
or distriCt shall be documented in writing and presented to the
Planning Department and Garfield County Sheriff's Office within 24
hours oi tne occurrence. Failure to report such emergency situations
shall be deemed a violation in regards to section 5.02.22(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.
in addition, all vault systems shall be equipped with an over{low
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:
N.
o.
P.
o.
R.
S.
T.
Industry Comments
Page 9 1t1812001
zonnsResor,Ilffi IiYJ::%:Tfi?.:?::fflTX,:Sirufr
DRAFT
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 party upon request.
ii. ISDS (lndividual Sewage Disposal System): All ISDS's shall be
designed and installed io accommodate the maximum number of
pers6ns identified within the permit who will inhabit the Minor
TemPorarY EmPloYee FacilitY'
(5) Enforcement:
A. lnspection: Garfield County, relevant fire protection district, or Sheriff's
Office reserves the right to inspect any permitted site and/or
documentation at any time and without notice to the operator or
propefiy owner.
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
recordl or by any other applicable State or Federal regulation, the
applicant snitt Oe notified of the nonconformance by the Gaffield
iounty Planning Director. This notice shall specify a deadline for
remed-ying the issue(s). lf the nonconformance is for improper
electriial, water, or septic installation, the applicant shall have 24
hours to correct the nonconformance unless a longer timeframe is
specified in the written notice. lf the applicant fails to correct the
nonconformance within the specified timeframe, the applicant may be
subject to a fine up to $40,000.00. Any nonconformance that poses
an imminent and significant threat to the health and safety of
employees or the public or to the environment shall result in the
facitity- permit being immediately revoked by the Gadield County
Planning Director. A revoked permit shall be accompanied by a fine
up to $4'O,OOO.OO and may not be renewed, but must be reapplied for
as a new permit. All fines and permits run with individual Temporary
Employee Housing facilities and are not applied to Area Wide
Development Plans.
Industry Comments
Page l0 1fi8t2001
C.
Industry Comments
Page 1 I
D.
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5 O'z 'zA$?
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 within
1O business days with proof by signed and dated photo
documentation.
Consequences of Three (3) Revoked Permits: lf an operator obtains
revocation of three (3) Minor Temporary Employee ^Housing facility
permits, 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
Employee Housing facilities per section 5.02.21 of the Garfield
County Zoning Reiolution of 1978, as amended. All offenses under
Section 5.02.i2 shall be tied with the operator as described within the
application and not to a specific facility, parcel or location. Only at the
goard of County Commissioner's sole discretion may an offending
operator return to pursuing the Administrative Permit process for
future Minor Temporary Employee Housing facilities.
1il8/2001
David Pesnichak
Page 1 of 1
EXHIBIT
I read your e-mail fonruarded 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 6f t "r" units containing fire suppression systems (l.have had two - one in
parachute area and one in Meeker area. mis is State Law and cannot be made less stringent
by a County. Dean W. Smith, lnspector, Colorado Division of Fire Safety'
From: Dean W. Smith [pcw@acsol'net]
Sent: TuesdaY, June 1 9,2007 8:50 AM
To: David Pesnichak
Subject: Temporary Employee Housing
6t19/2007
David Pesnichak
Page I of 2
EXHIBIT
I!
From:
Sent:
To:
Cc:
Subject:
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 Rada.vcf
David,
in"r" the following comments regarding the Draft MinorTemporary Housing Regulations'
. we may want to consider a requirement for an ISDS permit for each ISDS and/or vault system installed or lor
each facility. Atthough it appears that compliance with all provisions of the MTHF regs is required (including
wastewater provisiois; and'non-compliance could result in a fine, ISDS regs could,also apply here violation of
which is also subject to a penalty. These permits could also offset some of the review costs by Andy's crew
and/or me.
. lf a separate ISDS permit is deemed unnecessary {or th^ese_systems, then I recommend that some language
be inclloed in (6)T ihat references the Garfietd c6unty lsDS Regulations and requires compliance with all
ipplicable provisions; especially those provisions deaiing with design, construction and operation of the
systems. I'am concerned that we will continue to see substandard tanks and equipment, poor installati-ons,
leaky tanks and pipes, uncovered sewage holding tanks, etc unless we hold the companies feet to the fire for
good qualitY systems.
. lt is very posJiute that we will be seeing ISDS applications for advanced treatment and surface disposal in
the near future. This will require that w6 have the ability to reference ISDS regs and perhaps place specific
conditions on the design, installation, operation, and monitoring of the effluent.
. The potable water palagraph in (6)A is not specific to design requirement". W" may want to at least.suggest
that potable *ut", Jyrt""*i'u" o".ign"d 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 97 0-625-5200 x81 1 3
Cell 970-319-1579
Fax 970-625:8304
Emai I jrada @- garf i eld:co,u nty,cpm
Web www.garfield-countY.com
From: David Pesnichak
Sent: Tuesday, June 12,2007 4t22PM
To: GARCO Attorney; don.howanick@mpa-glenwood.com; doug-dennison@oxy.com; brett.crabb@encana.com;
patrick Barker; Linster Herndon, srendaj Cfarles Mclean; David Blair, Chief, Grand Valley Fire Protection Dist.;
Jim Rada; Jim Sears; Carolyn Dahlgren; Michael Howard; Andy Schwaller; Walker, Deanna J; Kent Lindberg;
Kathleen Middleton; rucoleman@marathonoil.com; Cuffin, Sally; david@gjoutpost'com;
dave.cesark@williams,com; msturgeon@rifleco.org; kewhelan@riflefiredept.org; parata@parachutecolorado'com
Cc: Fred Jarman; Craig Richardson; pvcm@hughes.net; cheryl@cherylchandler.com_; jock@sopris.net;
calgary@sopris.neu shirleybrewer@hughes.net; stipo101@hotmail.com; summitx@frontier.net
sutriect: Minor Temporary Employee Housing - Updated Draft - 6-L2-2007
6n5/2001
Page 2 of 2
As many of you are aware, the Garfield County Planning Commission met on May 9, 20071o discuss the creation
of an administrative process for Temporary Employee Housing, or more commonly known as "man-camps". The
meeting resulted in a continuance of the hearing until August 8,2007 and the Commission made several
recommendations for changes. The recommendations which required changes to the previously proposed
regulations have been made to this draft, dated June 12,2OO7 (attached). The attached draft regulations pefiain
to Minor Temporary Employee Housing facilities (administrative permit for less lhan 24 people, less than one year
and located on a state or federally controlled permit area). Please find the draft regulations for the Major
Temporary Employee housing facilities (Section 5.02.21) attached as well, although there are no changes within
this Section. Three 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 form indicating that the facility will be
installed in accordance with the building code, land use code and conditional requirements. This is to
address the Planning Commission's request for "self-regulation".
2.The fine for none-compliance has been increased from $1,000 to $40,000 per sited facility to
encou rage "self -regulation".
3. A public notice, appeal and BOCC "call-up" provision have been added.
Please review the attached draft and feelfree to forward them along to anyone you feel may be interested.
Please submit comments in writing to dpesnichak@garfield-county.com by Wednesday 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:elp_e_snichak@ladre-ld:c_quoty._com
www. garf ieid-county.com
6/15t2007
David Pesnichak
Page I of
EXHIBIT
troDoa
David Pesnichak
Tuesday, June 12,2007 4:22PMSent:
To:
Subject:
Attachments:
GARCO Attorney; 'don.howanick@mpa-glenwood.com'; 'doug-dennison@oxy.com';
'brett.crabb@encana.com'; 'Patrick Barke/; 'Linster Herndon, Brenda'; 'Charles Mclean'; 'David
Blair, Chief, Grand Valley Fire Protection Dist.';Jim Rada; Jim Sears; Carolyn Dahlgren; Michael
Howard; Andy Schwallei; 'Walker, Deanna J'; 'Kent Lindberg'; Kathleen Middleton;
'rvcoleman@marathonoii.com'; 'Cuffin, Sally'; 'david@gjoutpost.com'; 'dave.cesark@williams.com';
'msturgeon@rifleco.org'; 'kewhelan@riflefiredept.org'; 'parata@parachutecolorado.com'
Fred Jarman; Craig Richardson; 'pvcm@hughes.net'; 'cheryl@cherylchandler.com';
'jock@sopris.net'; ;calgary@sopris.net'; 'shirleybrewer@hughes.net'; 'stipo101@hotmail.com';
'summitx @ f rontier.net'
Minor Temporary Employee Housing - Updated Draft - 6-12-2007
DRAFT - Section 3-02-22 Minor Temporary Employee Housing (2).pdf; DRAFT - Section 5-02-21
Major Temporary Employee Housing.pdf
As many of you are aware, the Gar{ield County Planning Commission met on May 9, 2007 to discuss the creation of
an administiative process ior Temporary Employee ttousing, or more commonly known as "man-camps". The meeting
resulted in a continuance of the hearinguntil'August 8,2001 and the Commission made several recommendations for
changes. The recommendations whicl'irequired-changes to the previously proposed regulations have been made to
this d-raft, dated June 12,2007 (attached).'The attached draft regulations pertain to Minor Temporary Employee
Housing iacilities (administrative permit for less lhan 24 people, iess than one year and located on a state or federally
controt6d permit area). please find the draft regulations for the Major Temporary Employee housing facilities (Section
5.02.21) attached as well, although there are n6 changes within this Section. Three 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 form indicating that the faciliiy will be
installed in accordance wi-tn the building code, land use code and conditional requirements. This is to address
the Planning Commission's request for "self-regulation".
2.fhe fine for none-compliance has been increased from $1,000 to $40,000 per sited facility to encourage
"seltregulation".
3. A public notice, appeal and BOCC "call-up" provision have been added.
Please review the attached draft and feelfree to forward them along to anyone you feel may be interested. Please
submit comments in writing to dpesnicha6-gO4dig,lO-county.coD by Wednesday July 18,2OO7 to be included
within the Staff Report and Commissioner's packets.
Thanks,
Dave
David Pesnichak
Senior Planner - Long-Range
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Tel: (970) 945-8212
Fax: (970)384-3470
Em ai I : elpesnio h a&@ gadi eld:-cqu nty. qolll
lvwlugarf lei d:tou nty. com
6/12/2007
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.0"3$l?
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.5.42-1-1O2 (106) (b)] and/or recreational vehicles
[as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck
tractor, motor home or camper trailer is being used for temporary living quarters
and not recreational purposesl may be granted for projects within Garfield
County related to commercial, industrial and mineral extraction in any zone
districf by the Planning Director through the Administrative Permit process. Such
housing shall be of I 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 anl associated
infrastructure (including ISDS) must be completely contlled within a
State or Federally regulated parcel (such as a COGCC approved
oiligas well pad) ln 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 $9.01.01 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 GarJield County AuitOing and Planning Department. 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
coursei and municipalities within one (1) miles of the proposed Minor
femporary 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 1 6t12t2007
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended' Section 5.02'22 (New)
DRAFT
C. ldentify private and public roadways accessing the site; marked as
open, gated, andior locked (include combinations); and detailed
directions with mileage included for each roadway from the nearest
town.
D. lnclude name, address and phone number of sudace owner.
E. Provide name, address and phone number, including a 24-hour
emergency response number of at least two persons responsible for
emergency fieid operations; contact numbers for local . hospitals,
emergency response, f ire department, sheriff, Life Flight, and
appti&Ote- 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'
F. ldentify the boundaries of the State or Federally permitted area on
which the Temporary Employee Housing is to be located'
G. ldentify the dates of installation and removal of the Minor Temporary
Housing Facility. lf the Minor Temporary Employee Housing facility is
part of i 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.
(3) The operator of the Minor Temporary Employee Housing shall submit and be' ' approved for an Administrative Permit for Minor Temporary Employee Housing
by'the Garfield County Planning Director prior to commencing installation. ln
abdition, the Applicani shall have obtained all necessary application sign-offs
from the Gar{ield County Sheriff's Office, relevant fire protection district and
Garfield County Building Department prior to submittal to the Garfield County
Planning Depaitment. lf an Area Wide Development Plan is to be submitted, the
Applicant shall provide sign-offs for each facility to be installed. This application
shall include:
A. 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'
B. 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.
C. A description of the system used to collect and dispose of refuse'
T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor
Temporary Employee Housing 2.doc
Page 2 6il2t2001
Zoning*""",,Ilff :liYJ:XXIIf.""'.:".3.1flTFr:!;'?li:i]
DRAFT
lnclude number, type and volume of containers; name of hauler;
frequency of collection; and refuse disposalsite.
D. A list of all sur.face owners abutting and within 200 feet of the subject
parcel as identified in the Gar{ield 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 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 5'02.22(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 allLpplicable Garlield County, State and Federal regulations. As apart of
the sign-off, the Applicant shall provide the relevant contact for that facility and
tifle oi 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 GarJield 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
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 or used water be discharged on the ground surface. 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
T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor
Temporary Employee Housing 2.doc
(4)
(5)
(6)
Page 3 6t12/2001
D.
E,
F.
J.
K.
zoninsnesot.Ylffi li[r.J:Tl5:fi:'.:"'Hffi Tlrlli?li:[;
DRAFT
form. Any tests indicating coli form contamination must be disclosed
to the GarJield 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
all 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{itting llds'
Refuse shall be disposed of weekly, at a minimum' Operators must
keep appropriate records, to be provided to the County or any
interested third party upon request, to demonstrate 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.
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, and maintained in
accordance with 2003 IFC 5901.4 and 5901.6. Smoke alarms and
manual f ire alarm systems shall be installed, inspected and
maintained in all other manufactured home or recreational vehicle
units in accordance with 2003 lnternational Fire Code (lFC) 5907.2.9
and $907.2.10.
Single-station carbon monoxide alarms shall be placed in each
manufactured home or recreational vehicle unit.
One (1) or more approved fire extinguishers of a type suitable for
flammable liquids or electrical fires (Class B or Class C), carbon
dioxide or dry chemical, shall be located in each manufactured home
or recreational vehicle unit.
Minor Temporary Employee Housing Facilities and all associated
infrastructure must be completely contained within a State or
Federally regulated parcel (such as a COGCC approved oil/gas well
pad) in which reclamation, restoration and revegetation standards are
guaranteed by contract with the permitting agency. ln addition, the
Applicant must provide a copy of the permit from the issuing agency
identifying the location, conditions of approval, time period for which
the permit is valid as well aS parameters of reclamation, revegetation
and rehabilitation of the site once the permitted activity has expired.
T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor
Temporary Employee Housing 2.doc
H.
Pa-ue 4 6t12t2001
L.
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.0,,,D$l??
No Minor Temporary Employee Housing Facilities shall maintain a
cumulative of one (1) year at any single location. ldentify the date that
the facility will be installed and the date the facility will be removed
from the iite. tn addition, identify the total cumulative length of time (in
days) that the Minor Temporary Housing Facility will be installed at the
specified location.
Minor Temporary Employee Housing Facilities will house employees
of the applicable industry including its contractors andior
Subcontractors that are necessary for the safe operation of the activity
being conducted. Under no circumstances shall 25 or more
individuals be housed on any one permitted location'
lnhabitants of the temporary housing shall be applicant's employees
and/or subcontractors, working on the related operation, and not
dependents of employees, guests or other family members.
within 10 days of the expiration of the said permit, all housing
Structures, foundationS and associated inf rastructure shall be
completely removed. The Applicant shall provide the Gadield County
Planning Department dated and signed photo documentation
indicating that all housing structureS, foundationS and associated
infrastruCture has been removed within the specified timeframe.
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 agency
or distriCt shatl be documented in writing and presented to the
Planning Department and Garlield County Sheriff's Office within 24
hours oi the occurrence. Failure to report Such emergency situations
shall be deemed a violation in regards to Section 5.02.22(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 the this 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.
in addition, all vault systems shall be equipped with an overflow
alarm device. These vault systems shall be designed to
accommod ale 75 gallons of wastewater per person per day. lf
T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22Minor
Temporary Employee Housing 2.doc
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N.
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P.
R.
5.
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Page 5 6t12/2007
zoninsnesorllffi Ii#J:li:TXi:f "'::,HISl,:8i?ffi l,l
DRAFT
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 party 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 Temporary Employee Housing administrative
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 the Garfield 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 description of the proposed administrative permit
and nature of the permit, date of deadline for appeal and contact
information for the Garfield County Planning Department to send
comments and/or request for appeal.
B. 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 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 Garfield 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
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Minor Temporary Employee Housing Regulations
Zoning Resolution ot 1978 as Amended, Section 5.0, 2rD$f;?
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
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.
(g) Reconsideration of Director's Decision or Call-up by Board of County
Comm!ssioners:
A. Request by Applicant or Adjacent Property Owner for Reconsideration
of Decision. The applicant or adjacent property owner affected by the
decision may request reconsideration of the Director's decision by the
Board of County Commissioners. The aggrieved party may file a
written request within fourteen (14) calendar days of the date of
written notice of the decision by the Director.
l. Schedule Public Hearing: Public hearing by the Board of
County Commissioners shall be held within forty-five (45)
calendar days of the date of receipt of the request for
reconsideration.
ll. Notice by Publication: At least thirty (30) calendar days prior
to the date of the scheduled public hearing before the Board of
County Commissioners, the aggrieved party shall have
published a notice of public hearing in a newspaper of general
circulation in the area that the proposed land use change is
located.
lll. Notice to Adjacent Property Owners: At least thirty (30)
calendar days prior to the date of the scheduled public
hearing, the aggrieved party shall send by certified mail, return
receipt requested, a written notice of the public hearing to the
T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor
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A.
B.
C.
Page 7 6fi2/2007
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.02 22D$le;,?
owners of record of all adjacent property within a 200' radius.
The notice shall include a vicinity map, the property's legal
description, a short narrative describing the current zoning and
proposed land use change, and an announcement of the date,
time and location of the scheduled hearing.
lV. Decision by Board: The Board shall conduct a public hearing
pursuant to the provisions outlined within the GarJield county
Zoning Resolution of 1978, as amended. The Board shall
uphold 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-up by Board: Within foufteen (14) calendar days of the date
receipt of the notice of decision, the Board may, at its discretion,
decide to reconsider the Director's decision at the next regularly
scheduled meeting of the Board for which proper notice of hearing
can be accomPlished.
l. Notice by Publication: At least thirty (30) calendar days prior to
the date of the scheduled public hearing before the Board of
County Commissioners, the Director shall have published a
notice of public hearing in a newspaper of general circulation
in the area that the proposed land use change is located.
ll. Notice to Adjacent Property Owners: At least thirty (30)
calendar days prior to the date of the scheduled public
hearing, the Director shall send by certified mail, return receipt
requested, a written notice of the public hearing to the owners
of record of all adjacent property within a 2OO' radius. The
notice shall include a vicinity ffiap, the property's legal
description, a short narrative describing the current zoning and
proposed land use change, and an announcement of the date,
time and location of the scheduled hearing'
v
ffi:s:"fi ?J,B:1[J'i:#"flffj; Iffi?f l;: t:[?# t"fl lli
Zoning Resolution of 1978, as amended. The Board shall
uphold 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.
(12) Enforcement:
A. lnspection: Garfield County, relevant fire protection district, or Sheriff's
Office reserves the right to inspect any permitted site and/or
documentation at any time and without notice to the operator or
property owner.
T:\dpesnichak\Land Use 2007\Text Amen<lments\Essential Personnel\DRAFT - Section 5-02-22 Minor
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Page 8 6il212001
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended' Section 5.02 22D$?
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 permit shall be immediately revoked by the Garfield County
Planning Director. A revoked permit shall be accompanied by a
$4O,OOO.O0 fine and may not be renewed, but must be reapplied for
as a new permit. All fines and permits run with individual Temporary
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 within
1O business days with proof by signed and dated photo
documentation.
D. Consequences of Three (3) Revoked Permits: lf an operator obtains
revocation of three (3) Minor Temporary Employee Housing facility
permits, the Planning Director shall refer the fourth (4'") and all future
permits by the offending operator to the Board of County
commissioners (Bocc) as a special Use Permit for Major Temporary
Employee Housing facilities per section 5.02.21 of the Garfield
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\Essential Personnel\DRAFT - Section 5-02-22 Minor
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Page 9 6t12/2007
Page 1 of2
From: David A. Blair, Fire Chief [gvfpd@sopris.net]
Sent: Wednesday, JulY 18,2007 11:27 AM
To: David Pesnichak
Subject: RE: Minor Temporary Employee Housing - Updated Drafi - 6-12-2007
David,
I have had a chence to look at ycur draft and otfer the {ollowing comments:
lVl i nor Temporary Em ployee N-lousi ng Faci I iti es
. PaEe 2, E, Change Life Flight to Care Flight ilf your referring to Sl. Mary's helicopter in Grand
Junction, which services our area)
c page 3, (4) Eight line down - that each housing unit meets the current GarJleld County buiiding,
ADD & Fire code
. page 4. H & !, Who is irrspecting and how will Fire Districts and the Colorado Division of Fire
$afety be advised of the sprinkler portion, since they're the only inspecting agency in our area?
r Page 4, J Add combustible materials to the list and change the required fire extinguisher to an
ABC type and placed throughout the facility according to code.
n Page 5, R, I'rn confused. Are you requiring the oil field companies to ensure that the Fire
District andlor BLMIUSFS submits copies of incident respCInse reports OR are you requiring the
oil field copies to file a report separate of the agency reports to the Planning Department and
SO? I arn assumlng that in the first sentence that district means Fire District and governrflent
agency means any other state or federal agency.
" Page 9. S. Please add "andlor fire" to first sentence after building and before code.
Major Ternporary Enrployee Housing Facilities
r Page 3, Add combustiblc materials ta the list and delete carbon dicxide as a choice of fire
extinguisher. A storage tank is required at ali siles t* provide ivater for the sprinkier sysiern and
initial suppressicl-r actlvities. Size is dependent on sprinkier calculations and initiai water
suppression demande.
I also had Deputy Roh Ferguson look over the document and he did not have any further comments or
suggesti*ns.
David A. Blair
Fire Chief, GVFPD
From : David Pesnichak Imailto : dpesnichak@garfield-cou nty'com]
Sent: Tuesday, June 12,2007 4:22PM
To: GARCO Attorney; don,howanick@mpa-glenwood.com; doug-dennison@oxy.com; brett.crabb@encana.com;
Patrick Barker; Linster Herndon, Brenda; Charles Mclean; David Blair, Chief, Grand Valley Fire Protection Dist.;
Jim Rada; Jim Sears; Carolyn Dahlgren; Michael Howard; Andy Schwaller; Walker, Deanna J; Kent Lindberg;
Kathleen Middleton; rvcoleman@marathonoil.com; Cuffin, Sally; david@gjoutpost.com;
dave.cesark@williams.com; msturgeon@rifleco.org; kewhelan@riflefiredept,org; parata@parachutecolorado.com
Cc: Fred Jarman; Craig Richardson; pvcm@hughes.net; cheryl@cherylchandler.com; jock@sopris.net;
calgary@sopris,neU shirleybrewer@hughes.net; stipo101@hotmail.com; summiil@frontier.net
Subject: Minor Temporary Employee Housing - Updated Draft - 6-12-2007
As many of you are aware, the Gadield County Planning Commission met on May 9, 2OO7lo discuss the creation
of an administrative process for Temporary Employee Housing, or more commonly known as "man-camps". The
meeting resulted in a continuance of the hearing until August 8,2007 and the Commission made several
recomriendations for changes. The recommendations which required changes to the previously proposed
regulations have been mad-e to this draft, dated June 12,2007 (attached). The attached draft regulations pertain
to Minor Temporary Employee Housing facilities (administrative permit for less lhan 24 people, less than one year
8n/2007
EXHIBIT
",1 ,!
Page 2 of 2
and located on a state or federally controlled permit area). Please find the draft regulations for the Major
Temporary Employee housing facilitles (Section 5.02.21) attached as well, although there are no changes within
this Section. Three main alterations are evident within the June 1 2,2007 dralt 5.02.22 regulations:
1. An inspection is no longer required. lnstead, the Applicant signs a form indicating that the facility will be
installed in accordance with the building code, land use code and conditional requirements. This is to
address the Planning Commission's request for "self-regulation".
. 2. The fine for none-compliance has been increased from $1,000 to $40,000 per sited facility to
encou rage "self -regulation".
3. A public notice, appeal and BOCC "call-up" provision have been added.
Please review the attached draft and feelfree to forward them along to anyone you feel may be interested.
Please submit comments in writing to dpes-;lichak@garfield:eounty.com by Wednesday July 18,2007 to
be included within the Staff Reporl 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: dpesnichak @ garfield-county.com
www. gadield-cou nty.com
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8t1t2001
exHtalT(i
EXHIBIT A
ARTICLE X, SECTION 411 TEMPORARY AND SPECIAL USE PERMITS
FOR TEMPORARY LIVING QUARTERS (TLQS)
411,1 Ail Temporary Living Quarters (hereinafter TLQs), constructed or installed in
Rio Bianco County related to commercial, industrial, transportation, oil & gas or
mineral extraction projects require either a Temporary Use Permit pursuant to Sec.
225 of the Rio Blanco County Land Use Resolution (hereinafter LUR) or a Special
Use Permit pursuant to Sec. 224,LUR.
411.2 TLQs are divided and defined in three distinct categories as follows:
(A) Type 1: Small On-site Ouarters. These are for under twenty five
workers housed at the work location or in the case of oil and gas drilling, on
the well pad. These quarters are temporary structures such as manufactured
housing or recreational vehicles. These quarters require a Temporary Use
Permit pursuant to Sec 225, LUR.
(B) Type 2: Small Central Location Ouarters. These quarters are for up to
fifty workers and are located away from the work site or well pad. These
quarters are temporary structures such as manufactured housing or recreational
vehicles. These quarters require a Special Use Permit pursuant to Sec. 224,
LUR and may be permitted for up to one year with additional annual
extensions by Administrative Review for compliance.
(C) Type 3: Large Central Location Ouarters. These quarters are for in
excess of fifty workers, located away from the work site or well pad. These
quarters are permanent structures. These quarters require a Special Use Permit
pursuant to Sec. 224,LUR and may be permitted for multiple years with
annual Administrative Reviews for compliance.
411.3 The following provisions apply to all three types of TLQs with exceptions
as noted:
A. General Requirements.
1. On or before thirty days after the date the Temporary Use Permit or
Special Use Permit expires all housing structures and associated
Rio Blanco County Planning and Development Depanment
317 E. Market (PO Box 599). Meeker, CO 81641
Office 970 878 9580 Fax 970 878 9581 email olanning@'co.rio-hlanco.co.us
Iune 25,2O07
Page 1
infrastructures shall be removed and the land shall be reclaimed to the
satisfaction of the Planning Department.
2, AllType 1 and Type 2 TLQs , except licensed motor homes'
recreational vehicles and 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 Applicant, 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 agricultural zones may
be exempt from the one mile spacing requirement if the Appiicant 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 extended for additional six month periods by Administrative
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
one year. For good Cause shown, a permit may be extended annually by
.' " ?ffi: i,";l'J Bs?:i,Bg li;::i:ru ff ?il",*'
ofnce e70 878 e580 .* rrortJ:J;tj, it6f@
Page 2
Administrative Review. Applications for extensions must be made on
forms provided by the Planning Department. Approval of annual
extensions witl be granted for -Qood cause provided the Applicant is in
compliance with the terms and conditions of the existing Special Use
Permit as well as in compliance with all rules and reguiations in the
LUR,
3. Type 3 TLQs are issued for multiple years and do not require annual
extensions. These TLQs require only annual Administrative Reviews
for determination of whether there is compliance with the terms and
conditions of the Specific Use Permit and other rules and regulations in
the LUR.
ApplicationProcess.
1. All Appiicants must schedule and attend a pre-application meeting
with Planning Department staff to discuss project information and
permitting requirements. One of the issues to be discussed at the pre-
application meeting is the need for the TLQ the Applicant intends to
apply for. Applicant should be prepared to provide an assessment of
currently available housing and projected housing availability within
existing municipaiities, including but not limited to commercial
campgrounds, mobile home parks and similar facilities within thirty
minutes driving time of the proposed TLQ site location. If it is
determined that suitable housing inventory is available within thirty
minutes driving time of the proposed TLQ site location. a permit for a
TLQ will not be granted.
2. Information and documents which must be submitted for an
application to be considered complete inciude the following:
a. A detailed site plan and vicinity map in both hard copy and
digital format including location of the TLQ site, private and
pubiic roadways accessing the site marked open, gated and/or
locked, and detailed directions to the site from a County road or
State highway.
Rio BIanco County Planning and Development Depanment
317 E. Market (PO Box 599). Meeker. CO 81641
Office 970 878 9580 Fax 970 878 9-581 email plzrnning@'co.rio-blanco.co.us
June 25,2007
b. As to applications for Type 1 TLQs, a copy of the approved
Application for Permit to Drill (APD) documents from the
COGCC indicating housing location(s).
c. A statement of the estimated total length of time the TLQ will
be at the proposed location.
d. A listing of the names and addresses of the owners and zoning
of all land adjacent to and within two miles of the proposed
location.
e. Applicant's Drug and Alcohol Poiicy including mechanism of
enforcement.
f. Applicant's Firearms and Weapons Policy including
mechanism of enforcement.
g. The Site Security Plan including the registration/check-in
policy. If a professional security service is to be used
information must be provided concerning the service.
h. On site medical and emergency medical services to be
provided.
i. A traffic and transportation plan including the anticipated
volume and type of vehicle use, vanpooiing or bussing pians,
actions taken to reduce/minimize traffic, parking design and
policy, copies of Appiicant's drivin-e rules and an Equivalent
Single Axel Load (ESAL) estimate specific to the construction
and operation of the TLQ.
j. A copy of House Rules for the TLQ.
k. A storm water mana-qement plan for the site.
L A copy of the site weed control plan, approved by the Rio
Blanco County Weed Department.
m. A lighting plan showing design to provide required lighting
while minimizing light pollution.
n. Complete detaiis of the water system proposed to service the
TLQ. (See requirements in Section 4ll.4A).
o. Complete details of the Wastewater System proposed to
service the TLQ. (See requirements in Section 411.4P.).
p. Complete details of the Fire Protection System proposed to
service the proposed TLQ. (See requirements in Section
411.4C).
Rio Blanco County Planning and Development Department
317 E. Market (PO Box 599). Meeker. CO 81641
office e'7 0 878 e.s80 .* rrnrrJ:Jlr;. lt61-
Page 4
q. Complete details of waste disposal system proposed to
service the proposed TLQ. (See requirements in Section
4It.4D).
r. Compete details of the proposed reclamation plan' (See
requirements in Section 4ll.4E).
411.4 Requirements Related To The Operation Of TLQs:
A. Water Systems.
1. 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 Appiicant 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 and3
TLQs) must demonstrate conformance to state regulations by obtaining
all necessary state permits prior to the scheduling of a TLQ Special
Use Permit public hearing.
4. In no case shall unsafe water be used for drinking 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 life of the permit.
B. Wastewater Systems.
1. Wastewater systems proposed to service TLQs must comply with all
appiicable state and local iaws and regulations. In addition, all
wastewater must be disposed of on-site using an Individual Sewage
Disposal System (ISDS) or Community Wastewater Facility.
Rio Blanco County Planning and Development Department
317 E. Market (PO Box -599), Meeker, CO 81641
Office 970 878 9580 Fax 970 878 9581 email planningCrrco.rio]rlanco.co.us
June 25.2001
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 wastewater Facility is not appropriate; and
c. Year-round access is available and maintained for safe and
regular access for wastewater hauling vehicies'
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 Applicant must demonstrate an arrangement for hauling
wastewater including an appropriate contract with a licensed hauler
and a letter of understanding with a back up licensed hauler in the
event the PrimarY hauler fails.
c. Applicant must provide a detailed emergency response plan that
addresses such issues as, equipment failure'
d. Applicant must provide a letter from a licensed disposal facility
smti;i the facility has the capacity and wiliingness to receive and
treat Applicant' s anticipated wastewater'
e. Appiicant must maintain all records including but not limited to
trip iogs and disposal reports for one year after the termination of
the TLQ permit.
f. An wastewater disposal records must be available to the Planning
Department andior any other interested third party upon request and
must be provided to the Planning Department as part of any
application 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 application and must
include at least the following:
a. Provisions for giving alarm in case of fire'
Rio Blanco County Planning and Development Depaftment
317 E Market (PO Box 599)' Meeker' CO 81641
ofnce e70 878 es80 .- rrrtJ:J,rt; ilA';@
Page 6
D.
b. A duiy authorized attendant or caretaker who has the
responsitility to inform all tenants about means for summoning fire
^ppurutut,
the sheriff's office and resident empioyees'
.. bp., burning is not allowed on any TLQ site'
d. piovisions for location of one or more approved fire extinguishers
of a type suitable for flammable liquid or electrical fires (Class B
and iiiss C), carbon dioxide or dry chemical, in one or more open
stations so that it will not be necessary to travel more than one
hundred(100)feetfromanylocationintheTLQtoreachthe
nearest fire extinguisher.
e. Sprinkler systems if required by the Rio Blanco Building code or
the Planning DePartment.
f. A water storage tank if required the Rio Blanco Building code or
the Planning DePartment.
2. Bi-monthly inspection of the fire alarm and extinguishing
equipment is iequiied. Records of the inspections must be available for
review by the Planning Department'
Waste Disposal
1. Bear-proof refuse containers must be provided for trash' At least one
thirry (3b) gallon (4 cubic feet) container must be provided for each unit
or the equivalent in a central trash collection facility, These
containei(s) must be durable, washable, non-absorbent metal or plastic
with tighrfitting locking lids'
2.ForTypeZand3TLQs,acentralbear-proofwirefencedtrash
storage siie with u.orrr.d top may be used as an alternative to or in
addition to individual containers.
3. Trash must be disposed of not less than once weekly'
4. Outdoor food storage is prohibited unless facilities that prevent the
attraction of animais to the TLQ site are provided'
5. Visual screening of trash facilities may be required'
Rio Blanco County Planning and Development Department
317 E. Market (PO Box 599)' Meeker' CO 81641
ofnce e70 878 e580 t*,"rtJ:J;?. ilfr;@
Page 7
411.5 Reclamation
A. The Applicant shall submit as part of the TLQ Temporary 0r
Special Uie permlt 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 disposal systems
and related infrastructure, water storage and related distribution
infrastructure, roads, and other sand, piastic, gravel, pipe and cable
must be removed.
2.Allpits,cellars,andotherholesmustbebackfilledand
compacted as soon as possible after all equipment is removed to
conform to surrounding tenain'
3. AII access roads to the site and associated facilities 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 closure of a TLQ, wastewater tanks and leach fields must
be completely pumped out and removed' Any waste material
pr*p.d from a wastewater tank or leach field or waste debris from
tank and leach fieid removal must be disposed of at an approved
facility that is permitted by Colorado Department of Public Health
and Environment (CDPHE) and/or Rio Blanco county to 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. d crop land, such compaction alleviation operations
shall be undertaken when the soil moisture at the time of ripping is
below thirty-five percent G5qo) of field capacity. Ripping shall be
undertakento a depth of eighteen (18) inches unless and to the
extent bed rock is encountered at a shallower depth'
Rio Blanco County Planning and Development Depanment
317 E. Market (PO Box 599)' Meeker' CO 81641
office9708789580Fax9708789581emailplanning@,'ctr'rio-hlanco'co.us
Iune ?5,20O1
Page 8
B. All disturbed 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 iater 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 appiy:
1. Revegetation of crop iands. A11 segregated soil horizons removed
frorn .-p turOt tt utt Ue replaced to their original relative positions
and contout, and shall be tilied adequately to re-establish a propol
seedbed. The area shall be treated if necessary and practicable to
prevent invasion of undesirable species and noxious weeds, and to
control erosion. Any perennial forage crops that were present
before disturbance shall be reestablished'
2. Revegetation of non-crop lands. All segregated sotl hortzonsed soil hori
removed from non-crop lands shall be replaced to their original
relative positions and contour as near as practicable to_ achieve
erosion iontrol and long-term stability, and shall be tilled
adequately in order to eitablish a proper seedbed' The disturbed area
then shali be reseeded in the first favorable season. Reseeding with
species consistent with the adjacent plant community is encouraged'
In the absence of an agreement between the Applicant and the
affected surface o*rri as to what seed mix shouid be used, the
Applicant shall consult with a representative of the local soil
conservation distnct to determine the proper seed mix to use in
revegetating the disturbed area'
D. During occupation and reclamation operations, all disturbed areas
must be tept free of Rio Blanco County and State of Colorado Lists
A and B noxious weeds.
E. Successful reclamation of the site and access road will be considered
accompiished and comPleted when:
1. On crop land, reclamation has been performed as per this section,
and observation by the.Planning Department over two growing
seasons confirms no significant unlestored subsidence.
Rio Blanco Countl'Planning and Development Depaftment
317 E. Market (Po Box 599)' Meeker' CO 81641
ofnce e70 878 es8o t* r.rTff1t;, ital|@
Page 9
2.onnon-Cropland,reclamationhasbeenperformedasperthis
Section, and the total cover of live perennial vegetation, exciuding
noxious weeds, provides sufficient soiis erosion control as
confirmed by the Planning Department by a visual inspection' The
Pianning Department shail consider the total cover of live perennial
vegetati;n oi adjacent or nearby undisturbed land, having similar
soils, slope and aspect of the reclaimed area'
3. A finai reclamaiion inspection has been completed by the
Planning Department and there are no outstanding compliance
issues ,etating to Rio Blanco County rules, reguiations' orders or
TLQ permit requirements and conditions'
4. Th; Planning Department has notified the Applicant that final
reclamation has been aPProved'
411,6 Miscellaneous Provisions
This section is not intended to be applied to emergency or disaster
situations where temporary housing is necessary'
If structures, requiring Building Permits under the Rio Blanco County
Building Code, ir. .orrtrrcted for the commercial, industrial,
transpoitation project or mineral extraction operation related to the TLQ
site ior which"a Special Use Permit is issued, upon expiration or revocation
of the permit certificates of occupancy for such structures shall be
witnfretA until the TLQ is removed and the site is restored to 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 ali applicable federal, state and local laws and reguiations'
D. Inhabitants of the temporary housing must be Applicant's employees
and/or subcontractors, working on the related construction or mineral
extraction operation, and not dependents of employees, guests or other
family members.
A.
B.
Rio Blanco County Planning and Development Depafiment
317 E. Market (PO Box 599), Meeker' CO 8i641
Office 970 878 9580 Fax 970 878 9-5Sl email planning@'ct)'rio-hlanco co'us
June 25.2007
Page 1 0
G.
A.
B.
No animals are aliowed at TLQ sites'
If a permit for TLQ is granted, the Appiicant shall notify the County when
site construction begini. 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'
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 Planning Department shall have the right to inspect a TLQ site,
withoutnotice,toassesscompliancewiththeTLQpermit.A
determination of noncompiiance with any Temporary Living Quarters'
Temporary or Special use Permit, or conditioned approval thereof, is
g,o,,d' for revocation or suspension of said Permit.
L TLQ Permits may include additional requirements as may be nocessary to
onsuretheheaith,safetyandwelfareofthepublic'
41LJ Reporting Requirements
E,
F.
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'
Each Appiicant must submit an annual summary of TLQ use' January 1
through becember 31, including number of persons housed in each TLQ'
Reports are due by January 31" of eachyeat'
411.8 Revocation and Penalties
A. Failure to comply with the requirements or conditions of a TLQ Temporary
or Special Use Plrmit may be grounds for revocation pursuant to Section
105 of Article v of the LUR or imposition of penalties or remedies pursuant
to Section 104 of Article V of the LUR'
Rio Blanco County Planning and Development Depafiment
317 E. Market (PO Box 599)' Meeker' CO 81641
office9708789580Fax970878958lemailplanning(iljcrl.ricr.h]anco'ct).us
June 25,2007
Page I I
RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT
CountY Coutlhouse
555 Main Street
Post Office. Box 599
Meeker, CO 8i641
The following checklist is provided as an aid to completing an application for a SpecialUse Permit
for a Type 2 or 3 Temporary Living Quarter . Piease refer to the TLQ guidelines for additional
details. Not all items will apply to every application.
Type of TLQ applied for:
I I Type 1 Temporary Use Permit, (use Specific Type 1 Application Form)
[ ] Type 2 Special Use Permit
[ ] Type 3 Special Use Permit
[ ] Pre-Application Meeting Date
[ ] Compieted Application - Include applicant name, address, and contact numbers, site address or
location. Submit 12 copies of the final application.
[ ] Required Application Fee - see fee schedule in the LUR Section 1 18.
[ ] Statement of Need - analysis of available housing, include anticipated/desired starting date of
construction and occupancy.
[ ] Legal description/ proof of ownership/ authority:
[ ] If owner is other than appiicant, letter of consent conveying authority to act on 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
i.operties, ioaOs, cunent turiu.. ownership and other deveiopments 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
office 970 878 9-580 Fax97O 878 9581 email planninqfe)co.rio-blanco.co.us
Page 1
July 25. 2007
Ghecklist for Special Use Permits for Temporary Living
Quarters (TLQs)
[ ] Site Plan, hardcopy and digital copy.
apply to the site:
vegetation.
tl
tl
This plan should show the following features as they
other structures. For buildings inciude[ ] Location, dimensions, and height of all buiidings and
elevation drawings.
[ ] Setbacks, if necessary, provide documentatton'
[ ] Location of access points and roads. Inciude width and surface type'
[ ] Parking, loading and vehicie maneuver areas, surface type. number of spaces.
[ ] Stormwater facilities including any curb, gutters, grates and inlets. retention or detention
facilities, pipes, and drainage ditches'
[ ] Irrigation ditches, pipelines. and other easements'
I j Uni.rground and overhead utilities including water, sewer, power, telephone, gas, and
septic tank locations
Water wells or potable water storage
Wastewater storage
Soiid Waste Facilities
Exterior light fixtures
Fencing, berms, walls and other screening devices or landscaping
Fire hydrant or water source and capabiiity for fire control
Any #ural features of note including unusual topography, wetlands, floodplains, or
Open space / recreational facilities
Any other proposed improvement related to the TLQ'
If multiple sites, provide documentation that required spacing is met.
[]StatementofanticipatedlengthoftimeTLQwillbeneeded.
[ ] 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 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 security if planned'
.'',?1"1,?*';T::IHffi-"Ifr'dli':i.T:::B?,flT*'
offrce 970 878 9580 Fax 970 878 9-581
remail
@
:utY :i, ztloz
[ ] In- house medical and emergency medical services plan
t I Sign pian - at a minimum must be sufficient to direct emergency responders and must identify
any special hazards
[ ] Transportation Pian - including anticipated traffic, type and voiume
Vanpooling or bussing Plan
Parking Design and PoiicY
Company Driving Rules
Expected impact on established roads
ESAL equivalent estimation
[ ] Stormwater management Plan
[ ] Cafeteria facilities - if planned, include necessary certificates and licenses. inciude details for
food storage.
Water System
[ ] Hauling of off-site potable water
I I Source and agreement with hauiing company (must be CDPHE approved. supply
iegist utio, numbJr and certification). Description including number and volume of tanks,
demand caiculations. and frequency of delivery'
[ ] On-site source - If well water is used by the TLQ, atlach acopy of the appropriate well permit
or other legal water supply information and CDPHE approval'
[ ] Plan for compiiance with testing requirements'
Waste Water SYstems
t I ISDS System (includes septic tank/leach fieid and individual package plant systems)
[ ] County Buiiding Department Permit and Approval
or
[ ] Community Wastewater FacilitY
[ ] Permit from CDPHE (systems over 2000 gals must have CDPHE approval)
OI
[ ] Hauling Service - description including calculation of demand. number and volume of vaults.
name and license number of the hauier, and disposal site. For Type 2 and3 faciiities you must
show that:
I I ISDS not feasible due to site conditions
[ ] There is reguiar year-round access
Rio Blanco County Planning and Development Depafiment
317 Market Street (PO Box 599)' Meeker. CO 81641
Office9'7O 878 9-580 Faxg'1,0 878 9581 email plar.rningf@co rio-blanco co us
Page 3
Julr, 25. 2007
[ ] Agreement with hauling company including contact information and backup plan
[ ] Disposal details, approved facility and documentation that they are willing to accept the
volumes anticiPated.
Fire Protection and Emergency Services
[ ] Emergency Response Map- showing detailed road access and mileage to the site from major
public roads including gate information with lock combinations.
[ ] Emergency Response information - Provide name, address. and phone number, including 24
hour number of at least 2 persons responsible for emergency field operations'
[ ] Smoke alarms as required by code or condition'
[ ] Single station carbon monoxide aiarm as required by code or condition.
[ ] One or more approved fire extinguisher, Ciass B or Class C, as required by code or
condition.
[ ] Site Fire Plan
Fire protection system
Water storage tarik specifications - if required
Wildfire escape pian
Building egress
Escape and meeting Pian Posted
Waste Disposal
[ ] Bear-proof trash containers required
i t fyp. und number of containeri required, name of hauier, frequency of collection, and disposal
site.
or
[ ] Central fenced bear-Proof site
t I 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 lands - include timing and seed mix
[ ] Weed control Plan'
Rio Bianco County Planning and Development Department
317 Market Street (PO Box 599.1' Meeker' CO 81641
office9708789580Fax9708789581emailplanning[9co.rio.blanco.co.us
Page 4
Jull'25. 2007
A
t
t
I
i
copy of the following should be submitted or be on file with the county:
I Company Drug and Alcohol PolicY
I Company Firearms and Weapons Policy
I House rules for the TLQ
I Company Driving Rules
Rio Blanco County Planning and Development Depanment
317 Market Street (PO Box -599), Meeker' CO 81641
Office 970 878 9580 Fax 970 878 9581 email Dlantringr!)co rio-blanco co us
Page 5
July 25. 2007
Ghecklist for Special Use Permits for Temporary Living
Quarters (TLQs)
RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT
CountY Coutlhouse
555 Main Street
Post Office. Box 599
Meeker, CO 81641
The following checklist is provided as an aid to completing an application for a SpecialUse Permit
for a Type 2 or 3 Temporaiy Living Quarter . Please refer to the TLQ guidelines for additional
details. Not all items will apply to every application.
Type of TLQ applied for:
t I Type 1 Temporary Use Permit, (use Specific Type 1 Application Form)
[ ] Type 2 Special Use Permit
[ ] Type 3 SpecialUse Permit
[ ] Pre-Appiication Meeting Date
[ ] Completed Application - Include applicant name, address, and contact numbers, site address or
Iocation. Submit 12 copies of the final application.
[ ] Required Application Fee - see fee schedule in the LUR Section 118.
[ ] Statement of Need - analysis of available housing, include anticipatedidesired starting date of
construction and occupancY.
[ ] Legal description/ proof of ownership/ authority:
[ ] If owner is other than applicant, letter of consent conveying authority to act on behalf of the
owner and contract with owner.
[ ] If on public lands, documentation giving proof of legai authority to use the site,
[ ] Vicinity Map - a hardcopy and digital copy showing the relationship of the site to sunounding
iroperties, ioaOs, cunent rui'u.. 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 8i641
Office970 878 9-580 Fax97O 878 9581 email planning(@co'rio-blanco co'us
Page I
July 25, 2007
[ ] Site plan, hardcopy and digital copy. This pian should show the foliowing features as they
apply to the site:
[ ] Location. dimensions. and height of all buildings and other structures' For buildings include
elevation 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 facilities including any curb, gutters, grates and iniets, retention or detention
facilities, pipes, and drainage ditches.
[ ] irrigation ditches, pipelines, and other easements.
i j UnO.rground and overhead utilities inciuding water, sewer, power, telephone, gas, and
septic tank locations
Water welis 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 including unusual topography, wetlands, floodplains, or
vegetation.
Open space / recreational faciiities
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 will 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 approvai on portabie manufactured buildings (inciudes
skid mounted)
[ ] Building Permit on site built
[ ] County Road and Bridge Permits
[ ] Access Permit
[ ] Oversize, Overweight Permit
[ ] Utilities installation Permit
[ ] Estimate of costs t0 construct the TLQ, broken down between materiais and iabor.
[ ] Site Security Plan - describe private security ifpianned'
Rio BIanco County Planning and Development Department
317 Market Street (PO Box 599). Meeker. CO 81641
Office 970 878 9580 Fax 970 878 9581 email plalmngfelco.rir.blanco.co.us
Page 2
July 25. 2007
[ ] In- house medical and emergency medicai services plan
t I Sign plan - at a minimum must be sufficient to direct emergency responders and must identify
any special hazards
[ ] Transportation Pian - including anticipated traffic, type and volume
I Vanpooling or bussing Pian
Parking Design and Policy
Company Driving Rules
Expected impact on established roads
ESAL equivalent estimation
[ ] Stormwater management Plan
[ ] Cafeteria facilities - ifpianned, include necessary certificates and licenses. 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
iegistratioo number and certification). Description including number and volume of tanks,
demand calculations, and frequency of deiivery.
[ ] On-site source - If well water is used by the TLQ, attach a copy of the appropriate well permit
or other legal water suppiy information and CDPHE approval.
[ ] Plan for compliance with testing requirements.
Waste Water Systems
t I ISDS Sysrem (includes septic tank/leach fieid and individual package plant systems)
[ ] County Building Department Permit and Approval
or
[ ] Community Wastewater FacilitY
[ ] Permit from CDPTIE (svstems over 2000 gals must have CDPHE approval)
or
[ ] Hauling Service - description including caiculation of demand, number and volume of vaults,
name and license number of the hauler, and disposal site. For Type 2 and3 faciiities you must
show that:
t I ISDS not feasible due to site conditions
[ ] There is regular year-round access
Rio Blanco County Planning and Development Depanment
317 Market Street (PO Box 599). Meeker. CO 81641
Office 970 878 9580 Fax970 878 9-581 email piaunins@co rio-blanco co us
Page 3
.lulv 25. 2007
A copy of the following should be submitted or be on file with the County:
[ ] Company Drug and Aicohol PolicY
[ ] Company Firearms and Weapons Policy
[ ] House rules for the TLQ
[ ] Company Driving Rules
Rio Blanco County Planning and Development Department
317 Market Street (PO Box -599). Meeker' CO 81641
Offi ce 970 878 9580 F ax g'1 0 878 958 1 email planntn g(q' co'ri ctblanco co'us
Page 5
.lul1'25. 2007
Exhibit A
Article X, Section 410, Temporary Use Permits for Oil
C.
410.1 All drilling activities related to expioration and product
Rio Blanco County whether on Federally owned, lndian owned,
or privately owned surface land require a Temporary Use Permit
A separate Temporary Use Permit must be obtained for each new well before
commencement of construction of the well pad. As to multi-well pads. a
Temporary Use Permit must be obtained for the first well before
commencement construction of the well pad' For each subsequent weli on the
multi-we|] pad, a Temporary Use Permit must be obtained before
commencement 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 effective date of this Section 410 or issued
subsequently.
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 by application pursuant to Section 225 LUR.
Temporary Use Permits pursuant to this Section 4IO are issued by the
Planning and Development Department pursuant to an administrative review
process.
All applicable taxes and fees must be paid before a Tbmporary Use Permit can
be issued.
E. All drilling activities riust be conducted in accordance with all appticable
Federai, State of Colorado, and Rio Blanco County laws, rules, and
regulations and including all required conditions of approval of the Temporary
Use Permit.
410.2 Application Process
A. A complete application for a Temporary Use Permit as required herein. must
be filed with the Rio Blanco Planning and Development Department no later
than thirty days prior to the date of estimated commencement of operations
with heavy equiPment.
Rio Blanco County Planning and Development Department
317 E. Market Street (PO Box 599). Meeker, CO 81641
Office 970 878 9580 Faxg'70 878 9581 email Dlanning@co rio-bianco co ns
June 25. 2007
Page I
Gas wells.
State of Colorado owned
as follows:
A.
B.
D.
6r natural gas in
RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT
County Courthouse
555 Main Street
Post Office. Box 599
Meeker. CO 81641
Application for Temporary Use Permit
Minor Temporary Living Quarters (Type 1)
Type I Temporary Living Quarters are designated as faciiities for 24 or less persons contained
completely *itfrin a State or Federally regulated parcel (such as an approved COGCC weil pad)
in w-hich reclamation, restoration, and revegetation are required by contract. This application,
once complete and accompanied with supporting documentation, will be used for the decision for
Administiative Approval of the Temporary Use Permit. Please allow 14 days before the
anticipated start of construction for processing.
[ ] Apptication for Temporary Use Permit for Well Pad (can be applied for con-cunently)
[ ] TUP Application Fee Paid
[ ] lmpact Fee Paid
[ ] Statement of Need - include anticipated/desired starting date of construction and length of
occupancy.
[ ] Legal description/ proof of ownership/ authority:
I t If owner is other than applicant, letter of consent conveying authority to act on behalf
of the owner and contract with owner.
t I If on public lands, documentation giving proof of legal authority to use the site.
(Approved APD)
[ ] Statement of anticipated number of occupants with time periods of higher and lower needs
enumerated
[ ] Vicinity Map - a hardcopy and digital copy showing the relationship of the site to
surrounding properties, roads, current surface ownership and other developments on a USGS 7.5
minute series quad.
[ ] Site Plan, hardcopy and digital copy. This plan should show the following features as they
apply to the site:
[ ] Location, dimensions, and height of all buiidin-gs and other structures.
t
t
I
Parking, loading and vehicle maneuver areas, surface type. number of spaces'
Pipelines and other easements.
Underground and overhead utilities including water, Sewer, power, telephone, gas,
and septic tank locations
[ ] Potable water storage
Rio Blanco County Planning and Development Department
317 E. Market Sreet (PO Box 599). Meeker. CO 81641
Office 970 878 9580 Fax 970 878 9-581 email nianning@co.riGblanco.co.us
July 26. 2007
Page 1
wastewater storage
Exterior light fixtures
Solid Waste Facilities
Any natural features of note including unusual topography, wetlands, floodplains, or
vegetatlon.
[ ] Any other proposed improvements related to the TLQ.
t I Type (s) of Buildings to be used -
[ ] Recreational Vehicles (RVs)
[ ] Modular
t
t
t
Number
Number
New
New
Used
Used
[ ] Emergency Response Map- showing detailed road access and mileage to the site from major
public roads including gate information with lock combinations.
[ ] Emergency Response Information - Provide name, address, and phone number. including 24
hour number of at least 2 persons responsible for emergency field operations.
Smoke Alarm in each housing unit.
Single station carbon monoxide alarm in each housing unit'
One or more approved extinguisher, Class B or Class 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 I Water System -source and agreement with hauiing company (must be CDPHE approved,
supply registration number and copy of the certification)
[ ] Sewage and Wastewater System - description inciuding 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 already required by the permitting authority.
[ ] Weed Control Plan - addressing interim and final weed abatement.
Rio Blanco County Planning and Development Department
317 E. Market Street (PO Box 599). Meeker. CO 81641
Office 970 878 9580 Fax 970 878 9581 email nlannin!:(poo riGblsnco co us
Jull'26. 2007
Page 2
A Copy of the following should be submitted or be on file with the County:
I Company Drug and Alcohol Policy
] Company Firearms and Weapons Policy
I House rules for the TLQ
I Company Driving Rules
Rio Blanco County Planning and Developmenl Department
317 E. Market Street (PO Box -599). Meeker. CO 81641
Office 970 E78 9-580 Fax 970 878 9-581 email nianningG,co-rit'blanco.co.us
Jul1, 26. 2007
Page 3
tiafufi{ (.ttuntY Au6{ic l{eaft{t
Env ironm ental Health c omplaint/concern Repon
Conrplainant Name tT ka-/'t-
Address
1 6 2007
Teiephone
Complaint Against
Address
Telephone ?7o - zt"z ^ Vb i t
Nature of ComPlaint La
Complaint Details
Nrj
DateRecei""a qft4f oe Reportnumber
-tclxY
\,/
OXY USA WTP LP
A subsidiary of Occidental 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:violation of conditions of Approval for sUP for a camper Park
Reference: Letter of Same Subject from M.L. Bean to D. Dennison dated 9120106
Dear Mr. Bean:
This letter is in response to the above-referenced letter regarding the violations of the conditions
of approval for the Special use Permit for camper Parks issued to oXY usA wTP LP (OXY)
"urti..
this year. OXY takes this matter u"ry ,.riorsly and, as detailed below, has implemented
immediate corrective actions to rectify the violations observed and to preclude their recurrence'
Immediately after the visit to the JC Excavating and Dalbo camps by Jim Rada, Garfield County'
on Septembe r 14, 2O06, OXY took immediate actions to correct the deficiencies- The actions
taken include -
1. Immediate direction was given to an OXY subcontractor to replace the sewage vaults
at both locations with the correct vaults and to ensure that all connections between the
trailers and vaults are secure and leak-proof. As a result, the vault at the Dalbo camp
was replaced with the vault, includingilarm system, specified to the County and all
of the connections have been replaced and/or repaired. Due to their diminished
workload, JC Excavating has vacated their camp, and the vault and water system and
other appurtenances have been removed from the site'
Z. Similarly, immediate direction was given to Datbo to replace all of the potable water
hoses with food-grade hoses and to eliminate the electrical wiring that was running
near the potable iater tank. All of the hoses have been replaced and the electrical
wiring has been re-routed.
3. Dalbo was also instructed to clean up the spare parts and other debris scattered across
their camp, and the camp has been cleaned up'
4. OXy has taken immediate steps to assign responsibility for routine monitoring and
inspection of all camper parks to one of our Environmental Specialists to ensure that
all camps are established and operated in accordance with the applicable
requirements.
5. OXy has also retained the services of a Professional Engineer (PE) licensed in
Colorado who will certify that every camp is established in accordance with the
October 5,2006
Page 2
applicable requirements. This engineer will also certify that the changes outlined
above 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 assurance that we take this matter very seriously and have takert
and will continue to 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 at970-263-3630 or Doug
Dennison at 97 0 -263'3 6l | .
Sincerely,
w,44,4*
Bill Heller
Operations Manager
Cc: Jim Rada, Garfield CountY
Doug Dennison, OXY
Environmental Health
C:\Documents and Settings\trellerb.NAOXY\Local Settings\Temporary Internet Files\OlK20\l\'Iancamp Violation
Letter Response.doc
A
CI)(Yv
OXY USA WTP LP
A subsidiary of Occidental 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:Violation of Conditions of Approval for SUP for a Camper Park
Reference: Letter of Same Subject from B. Heller to M' Bean dated9126106
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. tn that letter, OXY commitied 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 t3, 2006 and the report of this inspection will be forwarded directly to
Garfield County by the engineer. Based on a verbal t"pott from the PE' it appears that all
substantive issues identifiJd by Garfield County have been resolved. Any additional issues
identified in the engineer's ..iort will be pto*ptty 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-leamed 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,lt
Rick Foppiano
Regulatory Manager
Cc: Jim Rada, Garfield County Environmental Health
Doug Dennison, OXY
Bill Heller, OXY
970 243 2525 OXT USA WTPI,P 970 2 OXY USA WTPLP 970-243-2515 04.52:44p.m 11-10-2006
/tEXYv
OXY USA WTP LP
A subeidiary of 0ccidental Pelroleum Corporation
2754 Compass Drive, Ste 170
Grand Junction, C0 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: 970-243-2525
DATE: November 10, 2006
Total Pages (including this cover sheet): 2
Original will be mailed.
OXT USA WTPLP 970 2 oxY usA wrPLP 970-243-251s 04:52:51 p m.1 1 -1 0-2006
OXY USA IJWP LP 2754 Compass Drive, Ste 170
Grand Junction, C0 81506g1xyr A subsidiary of Occidental Pekoleum Coporalion
\,/
November 10,2006
Garfield County
Building & Planning Department
Attention: Fred Jarman
108 Sth Street, Suite 401
Glenwood Springs, 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. In 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 both camps and verified that these
cleficiencies have been resolved. We are in the process of scheduling a follow-up inspection by
Mr. Meis for the week of November 1.3,2006 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 970-263-3611.
Sincerely,
6r/4 iltt*a<-'
Bill Heller
Operations Manager
Cc: Jim Rada, GarfieLd County Environmental Health
Doug Dennison, OXY
Bill Heller, OXY
RickFoppiano, OXY
/ ltgto 243 2525
CORDILLERAN
October 18,2006
Mr. Jim Rada
Environmental Health Manager
Garfield CountY Public Health
195 W. 14ft Street
Rifle, CO 81650
RE: Inspection Summary Report of Mancamps
OXY USA WTP LP
Garfield CountY, Colorado
Dear Mr. Rada:
This letter report summarizes the results of the compliance inspection conducted by Craig
Meis, P.E. with Cordilleran Compliance Services, Inc' (Cordilleran) on Friday' October
13,2106,of the three existing mancamp, op"rut"dby OIY USA WTP LP (Oxy) under a
iplci4 Use Permit by Garfield County, Coiorado- Mr- Delbert Dowling with Oxy
aicompanied lvk. Meis during the inspections'
cordilleran was retained by or"y to conduct a compliance inspection associated with their
three mancamp facilities as a follow up to apreviously conducted field inspection by Oxy
and Garfield County PublicHealth p"i**"i that id€ntified several deficiencies' A
request by Garfield County Public Health that a registered Colorado Professional
Engineer conduct the follow up inspection rezulted in cordilleran being retained' The
purpose of the compliance inspegtrgl conducted by Cordilleran was not only to evaluate
whether tfre previoJsly iA"n*if"a deficiencies have been resolved but also to inspect all
other stipulations as included in the Garfield Cormty Special Use Permit (SIIP) and
evaluate the overall environmental, health and safety aspects of the mancamps'
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 iction items are included in the following zubsectioos for each mancamp'
Attached field data sheets go into seater detail outlining items that were specifically
inspected for.
JC Excavating Mancamp (oxy Federal 23-15 located at NW SW, S15, T65' 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.
82621'/z Rd'
Grand Junction, CO 81505
Tz 97O'263'7800
F'- 970'263'7456
Cordilleran Compliance Services' lnc'
Grand Junction, CO'Denver, CO'Casp"tWY'Laramie' vVy o 13nflsr' WY
. Sewage vault and appurtenances have been removed from site and former vault
location backfilled.
o 1,550-poly potable water tank, power generator and diesel fuel tank were all still
on-site but were not operating or connected to the trailers at the time of the
inspection.
. None of the compliance related issues identified previously by Garfield County
Public Health are applicable due to the current status of the JC Excavating
mancamp. Mr. Dowling was unaware of any plans in the near future to utilize
this site for a mancamP.
calfrac Mancamp (cascade Creek 609-33 located at NW SE, 59, T65' R97W)
. Cordilleran is unaware of any compliance related issues associated with the
previous inspection by the Garfield county Public Health personnel'
o The 2-inch PVC vent riser on the south sewage tank was broken. Stallion
personnel on-site at time of inspection were going to repair by using 2-inch hose
rather than PVC similar to north sewage tank which is appropriate considering the
use of the tanks.
. O)ry personnel had appropriately labeled the water and sewage storage tank
containers for confined space entry.
o Section 5.02.05 (2) of Garfreld County's review standards for a Camper Park
indicates the site shall be free of standing water and have adequate drainage.
Cordilleran recornmends that additional gravel be placed on location in vehicle
travel and parking areas adjacent rrancamp facilities to minimize the rills being
created by tire traffic and reduce ofBite sediment transport-
o Section 5.02.15 (1) (B) indicates that nominal inside diameter of sewer
connections shall be at least 3-inches. The Calfrac Mancamp is currently using 2-
inch flex poly hose to pump sewage from portable zumps at each trailer to the
sewage tanks. This code requirement is presumed by Cordilleran to be applicable
only in a gravity flow circumstance which is not the situation at this site- The 2-
inci flex poly hose employed in this pressured collection system application is
appropriate.
o Two 2,00G-gallon aboveground welded steel sewage tanks were on location to
service the five trailers consisting of two bunk house type trailers, two fifth wheel
supervisor trailers, and one Oxy drilling/completion foreman trailer/office- A
stipulation of the SUP is that no more than two trailers will be connected to one
1,Q$0-gallon sewage tank therefore with a total sewage capacity of 4,000-gallons
for five trailers this requirement is being met-
. High level alarms on sewage tanks were not installed at the time of the inspection
but Stallion personnel on-site at the time of the inspection indicated they were on
order and would be installed as soon as received.
o Section 5.02.13 (l) indicates that all sewer and water lines will be located to
prevent them from being struck by vehicles and witl have a horizontal separation
of l0-feet. While all lines were observed to be out of vehicle travel corridors the
10-feet of horizontal separation is virtuaLly impossible given the type of facility.
This provision makes sense in a permanent camp or mobile home park application
Conou,lrux CoMPLIANCE SenYlcEs, Ixc.
GRAND JUNCTION, COLORADO
where lines are buried and this separation helps avoid any possible cross
contamination but is not practicaf in this application with a temporary mancamp
and having all surface lines. Any pot"ttiuti"aks are quickly and easily detected
in this application, further.ro hose connections, which would be the highest
probabilityofcrosscontaminationpoin!ry:r.Ytrynthel0-feetseparation
standard. It is Corditleran's opinion *ti ufno,rgh the water and sewer lines do
cross, efforts to minimize theii crossing and tnuk" sure adequate seqaltion is
maintained at hose connections will .rr-r*. the intent of this provision is being
met.
. Food grade water supply lines had yet to be-install"d." the time of the inspection'
Stallion personnel again indicatingihat the hoses had been ordered and would be
installed as soon at received'
o A free standing propane tank was recorded adjacent one of the fifth wheel trailers
piesumable for propane service to a trailer furnace and hot water heater' This
tank however was not secure and could easily tip over causing a potential safety
and fire nazard. Cordilleran recommended that this bottle be sectred to ensure
that it does not fall over accidentally and cause a potential incident'
o Cordilleran recommended Oxy consider using the potable water for
,on.onro,,piive purposes only considering the ample supply of bottled Yater
available for consumpive 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
supplylinetypesandproximitytosewerlinestipulations.
Dalbo Mancamp (caseade 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 sewage ,uitt ttitt on tit" but not in use. Lids on both Fralo vaults were
open which needs to be corrected and both had overfill alarms installed and
operational. Inlets on both vaults need to be watertight and a watertiqht vent pipe
added on the end of each vault which will plug the ctrrent opening' Further, the
eastern most sewage vault appears to have-been damaged during the installation
making the ability to add a watertight vent difficult. This vault may need to be
replaced.
o 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 recently installed with all lines freeze
protected and color coded.
o Free standing propane tanks were also noted- Dalbo personnel were curing this
problem Uy .ecuri"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 Garfield County's review standards for a Camper Park '
indicates the site,sirall be free of standing water and have adequate drainage- Site
photos taken during the inspection illustrate how poor the stormwater drainage is
at ttris location. Cordilleran recommends that the site be graded to direct
Conon mnlx CoMPLIANcn Snnvrcns, Ixc'
GRAND JuNcrlox, Colon lno
stormwater runoffto silt/sediment traps to allow for adequate site drainage while
controlling sediment transport. Signihcant water accumulation on this location is
causing significant operational and potential safety concerns-
Action Items SummarY
1. JC Excavating Mancamp - If facility is not to be used in the future than the
potable water tank, generator and appurtenances can be removed.
2. Calfrac Mancamp - ei* 2-inch vent line on southern sewage tank-
3. Calfrac Mancamp - Additional gravel in traffic and vehicle parking areas.
4. Calfrac Mancamp - Install food grade water supply lines'
5. Calfrac Mancamp - Install high level alarms on sewage tank'
6. Calfrac Mancamp - Secure all free standing propane tanks.
7. Dalbo Mancamp-- Stormwater drainage at site to be addressed by grading and
directing stormwater to silt/sediment traps. Cordillemn would be willing to
supplyoxywithatypicaldesigndrawingofatrapifneeded.
8. Dalbo Mancarnp - Eastern sewage vault to be replaced or repaired due to
apparent backhoe damage. Vault should be water tight with lids securely
fastene4 a water tight seal added to the inlet, and a vent pipe added.
g. Dalbo Mancamp - Western sewage vault to be water tight with lids securely
fastened, a water tight seal added to the inlet, and a vent pipe added.
10. Dalbo Mancamp - E*pty and remove historical sewage vault on location with
excavation to be backfilled and reclaimed.
I 1. Dalbo Mancamp - Secure all free standing propane tanks'
Cordilleran appreciates the opportunity to provide professional engineering services to
Garfield Couniy public Healih and Oxy. Flease do not hesitate to contact myself should
you have any questions or comments regarding this letter report.
Sincerely,
':#[::*services Inc
PrYncipal Engineer
Attachments - Photo log
Field Data Sheets
cc: Doug Dennison - Oxy
File
CoRDILLERAN Conrr,nxcE SERVICES, INC.
GRAND JuNcrlon, CoLoR.loo
E06387
Attachment I
Photo Log
C0RDTLLERAN Conapulncu Srnvrcrg INc.
GRAND JLrNC[oN, ColoRlno
:
General site phob oftrailers. No& unsecure proPme botdes'
Phdo 15-Dalbol*tancmP
E06387
Gnfl,{D Jugg[oN, coLoRADo
conI)lII,E*AN cOimfJAN(I $nvrcEs, INc
I
I -F.
Photo 14 - Dalbo tvlancamP
Second Fralo sewage vaultwi& obvious prmchne m end- Notepast sewagp vauh in backgpund-
COBX}IIIENAITI COT,IPIIAN(I SERVICD$ INC.
GTAXD JT NCTION' COLORADO
second Fralo seunge vaultrecently ins*alled' Nob lid not iigltt ed inlet nc water tighr
Photo 13-Dalblv{ancmP
E,06387
'..'._'- =-!
- -...r .- j._
i ii -! -.1-_ g a
Ef;':.-:;
a
, ---'l ii
q
Photo 11-Dalbofnmcamp
Operdional diesel frrcl ffagp tenk and gBo€rdffi inside lined secmdry containmenl
_uu-P E'E-Dt:.aE5S
a
L
Pho 12-Dalbolv{ancamp
Fralo 1060 sewagp vauh recedty installed with atarn" Not€ lid not tigtt ad open end-
conllrrrraAN coMp[,IANcE SEBVTCES, INC.
Gxern Jtxcrrox, CoLoRADo
7 ,.''
-/
fr*r-=:-.-
806387
iril
&., i-;fY4
h-.
u=".38
fuo9-CahacnfmP
Area between supereisor fifln fleeel bmkhouse md o:(y fqemm officeftrailer'
Photo 10 - Dalbo lvlancamP
Panormicviewof siteb
cof,DtrIjnaN colilPrrArl(E SERVTCES' ILc.
GBAI$ JlJNcrrolt, CoLoRADo
Lr
*l
806387
r I
-
Two seurags sfimagg -rks (sftite) md one pffible wder t rk (blue).
RSI potable water tenk and CI(y drilling/completion foreman officefuailer,
806387 conDrrJ.f,RAt{ coMPr.IAr{cE sEnvrcs, INc.
Gf,AItD JIJNCTION, COLORADO
I
r
I
i
.(-
't
:j
,tl
H
,E6?€
i,-.-:
'f--.,::-.
.-
:l_t---'<-a
PMo 5-CaIFaclvImcamP
Pmoramicview of site easr
Conournax Corcr,uncn SERvrcEs' INc
GRAND fi]Ncrroll. coLoRN)o8M387
. J:r'6.-
[_rr*,r:is*_
i----.-
:
Presrmed loc*im of past serrage vrautr No sign of gwious locdion.
't€-1*#
j_!+
*-s=-a*:
Effi.--r"-
Pmoramic view of site sorft. Note rmsecue propane *lnk in ft'ool of fifth vheel.
iilFd:ire
Photo 3 - IC F-xcav*ing MmcmP
8063&7 Conorurmn CoMPr,rANG SEnvrctq Nc.
Gn NDJIINSIIS{' cor,oRADo
Photo 2 - JC Excavating hfimcmp
E06387
Poly watert"nk and still on sits btrt dcoon€cfied btmilers moperating
coRDtrrxnaN cor,ruantu smmcEs, INc.
@ANDJUNC'nG{, COIoBAI}O
,.. -:..._ ._t. .. r,-.: =i.=.i$:{.i,}.E_.E-}Photo I *JC Excavating iltancamp
Two travel trailers m locdion ready for trmsport
Attachment 2
Field Data Sheets
connrr.r,rn lx Coltplnxce SnRvtcns' Ixc'
GRAND JUNCTION, COLORADOE06387
JC Excavating
rcln
are self contained
access to & around site
Distance to fire extinguisher /w I s u
Tank piping she & material
vault type & size is not correct
tank is open, no lid in
bnk inbts & outlets are nst
need to be cfrecked for ProPer sq4l
r4 min. 20 feet.
t-/
-ri* ?5 f".L )/ 60 's'^s
-v/^.^rr6darrarlarc A )- r Joot. c.min. 10 feet.
t//Site surface
Not allowedtJr-^L ..,aaia,lahric ovlanmrrq wehicje slOfaOe
mar. 100 feet.
must point downward
v/
l.--
Er^as;aal^Ar,ar i^"1 kr-\
Potable water storaqe ,in. a.OOo qallon tank |$P-S''A--
t/3ear-oroof trash recePtacles ,
sewaoe storaqe /U / I
I-ank tvpe /
fank location
Tank size min 1-0oG.oal.. mar a000-sal.
Tanlz aanr{i}inn
Iank closed/lid in Place
Grade to tanks
Irailers per tank max. = 2
min. = 3". durable, non-absorbent, s49q!!--
\larm system { ner iank
>ioinq & connections to tank(s)
min. 10 feet.Co..,-aa/nalahla uratar nininn canarafion
Sewaqe leaks or sewaqe on ground surf;ace Not allowed
Item
min. 20 feellarlerc(;\Dgpalauull lJlitwEsrr re!'rPvrsry YsErl-'- -- - - v
Setback 6otc \76foaf .+a ? ?\Cr FT-
bistance between any'gnition source and cgnoensare rartrts
Temporary quarters are self contained C-ec b
Gr^^A alaaonna arnrrntl nttarte-rs € -,llr *itj0 f*tv/
Adequate access to & around sile
srt rurtru /Ylou, (*ra'r--'*)*n-n
fmeh wceds debris- extraneous vehicle storage 6a
^-.rat ^r nilrar annrnnrialeL/
ol\Not allovrcdtl
betance to ftre extinguisher t r..l Au* -T-p-nlc-tr A(max. 100 feet
-- - --^ -^l-e J^..,arrnr/
Liqhting {-p o Tlust pt lllt
Es-es*.t brr-gxt AsrEhctrical Power J
Datahla rrrafar sfnrA
-.@-- t- - -' -ne 'L-.Zcso e*, SEzvP>^-llan fank\-/
hear-nroof trash receotiacles/
Sewage stonge
lI (*., &\'f , ^J {)AllKlYPE AJtT- {4E'EcEJ, - v"*L/|)io erz-t-v ' '- ' ' '
rank location A aavt;Ao.-rvrtb C**tu
T - 2n^7, C.,Avr min 1,0$sal., mqx.2'000{e!.-
Tank condition * E r-e ..e "rf CrueW-
l49r ro B'. Ka ?ot<e t
braAe to tanks T4gssqp-rz-\ C-au-t**<-f 'a^t 9)rSr-
2 I 7 fc srr r{( a,!, \ma1 =2 S1C 6tcovo.
-aa-ahcnrhonf cmoofh
Tank piping size & matefial Z" 6zrz* S*-oqt YcV lllIl. - .) , (lul Glurst
i\--h 1 pertanklualTn systeatt L,/K.,5 Lr-r;l> SutT ,'JiJt Yz-t ,ryr "r*w
[r R-E\Fioino &connectionstotank(sl Brcxc^t Ae*r ro Az Ft?min l0feet- rYlfETS l^JTt-k-{TSewaoe/potable water piping separa@
pioino suDports Gool
,/Seuaoe leaks or sewage on ground suriace l1/onle Notallowed
Calfrac
S'rte lssues/Notes
o\JaS OrtS illu>
,1,) DrJL Sfr-r^J<r- '-l ft^lL-,
$7fi)LrClJ
LF
,LEA)
Ttci
;/ clnlL S ei,r.J EL TArrliu.It*ry 6rp a(fiv4cE-I 'f *ctr/uP,r5€rt-toa
Dalbo
Site lssues/Tr,lotes ')
ruf
rr/S
..r/
access to & around site
r 'ntl.-6-
C-o.uT8 tulYl trP::'
'anklocation Eo.* $6-r* a-r -t LeiuEF
Tank phing size & material
min.10terlL tU@
vaulttvoe & size is not conect
tank is oDen. no lid in
tank inlets & outlets are not
need to be checked for
noses useO for potable water - need to be !!l{!afe-!q!qq
Page 1 of2EXHIBIT
lig0Da
David Pesnichak
From:
Sent:
To:
Subject:
Jim Rada
Monday, August 06,2007 3:01 PM
Fred Jarman; David Pesnichak
RE: Drinking Water Regulations
Attachments: Jim Rada.vcf
Fred,
i ju.igot off the phone with Mark and he is also interpreting the Primary Drinking water standards the same way.
He indicated that he would be contacting another Engineei, Glenn Bodnar, to get his lake but he thinks that
CDPHE will likely interpret that Standard as we read it.
lf that,s the case, then only a minor modification to the txt of the Major THF reg, as I stated before, would be all
that is necessary as I see it.
lf you guys need my assistance let me know'
Jim Rada, REHS
Environmental Health Manager
Gar{ield County Public Health
195 W 14th Street
Rifle, GO 81650
Phone 970-625-5200 x8'l 13
Cell 970-319-1579
Fax 970-625-8304
Email irada @ garfueld -Lounty.aam
From: Fred Jarman
Sent: Friday, August 03,2007 B:50 AM
To: Jim Rada; David Pesnichak
Subject: RE: Drinking Water Regulations
We might want to get Mark Kadnuk (CDPHE) on the phone to verify this question.
From: Jim Rada
Sent: Wednesday, August 0t,2007 2:42PM
To: David Pesnichak; Fred Jarman
Subject: FW: Drinking Water Regulations
Hithere,
I received the email below a couple of days ago lrom Doug Dennison. The citation he provides is part of the
Colorado primary nrint ing Water Regulaiions-. I was unaware of this language. Coincidentally, I received the
attached message on Tuisday in response to a message I sent to CDPHE regarding Doug's question'
It appears that any size THF that utilizes hauled potab_le water as the THF water supply would be exempt {rom the
Coiorado primary-Drinking Water Regs if they meet all lour provisions below. As the current draft regulations
require THF of z6 or morJ people to i'ottow state regulations, this may actually be in conflict with the Colorado
,."jutrtionr. lf so, then per'hups it would be best th;t if the THF is not providing its own collection and treatment
facilities, then the monitoring provisions for Minor THF should apply to the larger facilities. We may need to tweak
the language once more.
8t6t2001
Page 2 of 2
Does that make sense?
Jim Rada, REHS
Environmental Health Manager
GarJield 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
Emai I jreda (q qadield:paqdy.c-al0
From: Doug Dennison Imailto:dougdennison@cordcomp'com]
Sent: Monday, JulY 30,2007 1:06 PM
To: Jim Rada
Subject: Drinking Water Regulations
Jim,
I am working with an operator who is looking to establish a large 50-60 person mancamp. I had initially thought
they would 6ave to pelmit their potable_ wat6r system a.s a community water s.ystgm because of the 2S-person
threshold. However, in toor<ing at the State Drinring Water Regulations, I noticed the following exception -
1.2 ApplicabilitY
The Cotorado primary Drinking Water Begulations shall apply to each public water system, unless the
public water system meets all of the following conditions:
[a1 Ctnsists onty of distribution and storage facilities (and does not have any collection and treatment
facilities)
(U) OOtains all of its water from, but is not owned or operated by, a public water system to which such
regulations aPPIY
(cf Does not sell water to any person, and
(O) ts not a carrier which conveys passengers in interstate commerce.
I would expect that the water system for this camp would meet all of the above conditions, so is it a valid
assumption that such a system would not need to be permitted with CDPHE? Thanks.
Doug Dennison
Associate Geologist
Cordilleran Compliance Services, lnc.
dougdennison @ cordcomP'com
970-263-7800, ext. 201 6
Fax970-263-7456
Cell9T0-270-2853
8t612001
EXHIBIT
IoG
Colorado Department
of PublicHealth
andEnvironment
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Water Quality Gontrol Division
5 CCR 1003-1
STATE BOARD OF HEALTH
PRIMARY DRINKTNG WATER REGULATIONS
(Amended January 19, 2005, effective March 30, 2005)
(b)
(c)
(d)
Article 1 General Requirements
1.1 AuthoritY
Sections 24-4-104,24-4-105,25-1.5-101,25-1.5Par.2,25-1-108,25-1-109,25-1-114' and 25-1-114'1'
Colorado Revised Statutes
1.1.1 PurPose
The purpose of the colora do Primary Drinking water Regutafions is to assure the safety of public drinking
water supplies, and to enable the State of Colorado to assume responsibility for enforcing the standards
""tuOfi.n"O
by the federal Safe Drinking Water Act ("Public Law 93-523), as amended'
The colorado state Board of Health, pursuant to Part 1 of Title 25, Colorado Revised statutes' has
promulgated lhe Colorado Primary Drinking Water Regulations'
1.2 ApPlicabilitY
The Cotorado Primary Drinking Water Regulaflons shall apply to each public water system' unless the
public water system meets all of the following conditions:
(a) Consists only of distribution and storage facilities (and does not have any collection and treatment
facilities)
obtains all of its water from, but is not owned or operated by, a public water system to which such
regulations aPPIY
Does not sell water to any person, and
ls not a carrier which conveys passengers in interstate commerce'
1.3 RePealand Re-adoPtion
The colorado state Board of Health repealed and re-adopted the colorado Department of Public Health
and Environment's colorado Pimary Drinking water Regulaflons on January 19, 2005'
The colorado State Board of Health regulations concerning use of ice for potable purposes, adopted
August 14, 19S0, and standards affectiig the quality of water supplied to the public by vendors'
dispensing tanks, water haulers, tanks, Sottles'and tontainers (other than through pipes)' as adopted
Ociober 1-8, 1954, shall remain in fullforce and effect'
1.4 Effective Date
fhe Colorado Primary Drinking Water Regutatlons shall take effect twenty days after the date of
puUtication thereof in-the Coloiado Register as finally adopted by the Colorado State Board of Health'
lo:
From:
Date:
Re:
BUII,DING & PI-A,NNING DEPARTMENT
Public Review
Garfield county Planning Department; David Pesnictrak, senior Planner
8t1712007
Temporary EmPloYee Housing
108 Eighth Street, Suite 401 ' Glenwood Springs, CO 81601
(970) 945-8212' (970) 285-7972' Fax: (970) 384-3470
Following comments and concems expressed by the Garfield County Planning Commission and
the public at the August B, 2007 Planning Commission meeting regarding the formulation of an
administrative permii process for Temporary Employee Housing, Coulty Staff has prepared four
options for further consideratlon. Pending discussions to be held at the Augusl 22, 2007 (9:00
ntrt to 1Z,OO AM) public meeting, County Staff has not placed formal preference on any one
option over another, but will takl comments and suggestions on the_various options (or new
pioposeO options) at the August 22 meeting to find the best approach. County Staff will consider
ihe'comments and suggestiins received at the August 22 public me9!i!9 and present a preferred
staff option to the Planning commission on September 12,2OO7 (6:30 PM).
Staff has prepared the following four options as outlined below and attached hereto:
Option 1 - Use by Right - (One to six employees permitted as a Use by Right in all
Zone Disticts - No Land Use Permit Issued)
option 2 - use by Right with Performance standards - (one to sN employees
permitted is a Use by Right in alt Zone Distncts with Pertormance
Sfandards checked at Buitding Permit - No Land Use Permit Issued -
Regutres amendment to Building Code)
Option 3 - Small Facility Permit and Minor Permit with reduced noticing
requiremen6-- (Reduced noticing rcquirements for Small Facility Permit
(oie to six employees) and reduced noticing requirements for Minor Permit
(seven to twenty-four employees))
Option 4 - Minor Permit - (Functionally simitar option to that prcposed fo tte Planning
Commission on August 8, 2007)
please note that any language which has a *ikethreugh in the attached options is proposed to
be removed while any taiguige in bold is an addition to the original language. Due to the large
amount of changes maOJ to tne attached documents from the original as presented to the
Planning Commission on August 8,2OO7, not all removed or added language has been
identified. Staff has made an attempt to only highlight language that is of special importance or
may be worthy of additional discussion in light of the specific option as presented.
EXHIBIT
Lil{8_J
Garfield County
Minor Temporary Employee Housing Begulations
Zoning Resolution of 1978 as Amended, Section 5-02.23$'f;J?
Option 1 - Use by Right
Use by Right in AllZone Districts
No Performance Standards
Add 2.02.494 to define "Smatt On-Site Temporary Employee Housing Facility"
2.02.494 - Small On-Site Temporary Employee Housing Facilities:
The use 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, during times of
housing shortage, as removable housing for workers on projects related to
commercial, industrial, mineral extraction or highway operations. Small On-Site
Temporary Employee Housing Facilities shall have all of the following basic
characteristics:
A. The Small On-Site Temporary Employee Housing Facility and any
associated infrastructure is completely contained within a staie or
federally permitted parcel in which reclamation and revegetation of the
site are secured with the permitting agency (Permitted site); and,
B. The Small On-Site Temporary Employee Housing Facility is located at
the Permitted Site for less than a cumulative of one (1) year and at the
end of the utilization period, all structures, foundations and associated
infrastructure are completelyrremoved; and,
C. The Small On-Site Temporary Employee Housing Facility houses six
(6) or fewer individuals who are employees or sub-contractors of the
operator of the facility, and, who must be located on-site for the proper
execution and safety of the related commercial; industrial, extraction
or highwaY oPeration.
The use, "Small On-Site Temporary Employee Housing Facility" will be added as a
use by right in the 3.01 Al, 3.02 ARRD, 3.03 RLSD, 3.04 RLUD, 3.05 RGSD,
3.06 RGUD,3.O7 CL,3.OB CG,3.09 0S, 3.10 RL,3.11 F/MHIGIUD,3.'12 Ll,
3.13 PA,3.14 DWC, and 3.15 CDWC zone district.
T:\dpesnichak\Land Use 2007\Text Amendmcnts\Essential Personnel\tr4inor Temp Emp Housing
Oprions - 8-20-2007\Option I - Minor Temporary Employee Housing - Use By fught.doc
Pa-qe 1 8/1'112007
zoninsnesollffi Iiffi"::i5TfJ:l:"::'HlTi,:3i'?il:li
DBAFT
Option 2 - Use by Right with Performance Standards
Add Section5.A2.23, identifying Small On-Site Facility
Compliance check with Section 5.02.23 and Performance Standards conducted at
Building Permit Stage
Add Section 2.02.512 Defining "Temporary Employee Housing"
Add Section 2.02.412 Defining "Permitted Site"
REQUIRES AMENDMENT TO THE BUILDING CODE TO ALLOW BUILDING CODE
REVIEW BY THE CHIEF BUILDING OFFICIAL FOR RV'S USED AS TEMPORARY
FIOUSING FACILITIES.
Section 5.02.23: Small, On-Site Temporarv Emplovee Housino (Small Facilitv(ies))
(1) Small Facilities, in the nature ol manufactured homes [as defined un!e1C.R.S'
4Z-1-102 (1OO) (b)l and/or recreational vehicles fas defined under C.R.S.42-1-
l02 (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 granied land use appreval may be utilized for housing of workers on
projects related to commercial, industrial, mineral extraction or highway
operations, pursuant to the standards for Small Facilities contained in sub-
section (2), below in any Zene Distriet
. Such facilities are subject
to all applicable requirements of Garfield County building and fire codes (building
code, fire code), state and federal permits and relevant fire protection district(s)
f ire code requirements.
Small Facilities shall have all of the following basic characteristics:
A. The Small Facility and any associated infrastructure must be
completely contained within a state or federally permitted parcel (such
as a Colorado Oil and Gas Conservation Commission (COGCC)
approved oiligas well pad) in which reclamation and revegetation are
secured with the permitting agency (Permitted Site); and,
B. The Small Facility is located at the Permitted Site for less than a
cumulative of one (1)year and at the end of the utilization period, all
structures, foundations and associated infrastructure are completely
removed; and,
C. The Small On-Site Temporary Employee Housing Facility houses six
. (6) or fewer individuals who are employees or sub-contractors of the
operator of the small facility and are needed for onsite safety of the
related commercial, industrial, extraction or highway operation.
Temporary employee housing facilities that do not have the three
characteristics listed above, i.e., (1) houses 7 to 24 individuals or (2)
houses 25 or more individuals at any one time, (3) on locaiion for more
than a cumulative of one (1) year; or (4) are not completely contained
within a Permitted Site, are subject to the special use review process,
T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\lr4inor Temp Emp Housing
Options - 8-20-2007\Option 2 - Minor Temporary Employee Housin-q - Use By Right - Performance
Standards.doc
Page 1 8t17 /200'7
Section 5.02.23:
section (2),
Blr"."tnr'?6i"#r.t i#Jgh inl Mi""u p';tJnlt p""t:*:s':!,r?,:1'tl"^1:lt"::Pi:^'i
ffi;;;;";;;;c,,ti"tocountyu,ildln9,?:dj]::::1"^.]P"Yj:][q:"#,i|#';ffi, "#"-and federal permits and relevani fire protection district(s)
(1)
zon ns neso .Hl;:liffi1i5:XJ:l::'HHil3 i'T{ilifi
DRAFT
Option 2 - Use by Right with Performance Standards
Add Section 5.02.23, identifying Small On-Site Facility
Compliance check with Seitio-n 5.02.23 and Performance Standards conducted at
Building Permit Stage
Add Sectio n Z.AZ.S'IZ Defin'ing "Temporary Employee Housing"
Add Sectio n 2.02.412 Defining "Permitted Site"
REOUIRES AMENDMENT TO-THE BUILDING CODE TO ALLOW BUILDING CODE
REVIEW BY THE CTTIET BUILDING OFFICIAL FOR RV'S USED AS TEMPORAHY
HOUSI},!G FACILITIES.
small 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-
ior'tuii iriin iri"'LJJiiion lrat such truck, truck tracto.,,.1"]-T^PT: ::,":^T:":'ffi#Jili;; ;;;i"t temporary living quarters and not.recreational purposesl'
.i^^ a4."rnrlzarc nnrn"ay'Oe utilized for housing of workers on
,."-*[H%r*il";#i;i"i,-inorlt'iat,minerat,,:l,lr:,lo^?^,:i^lpYil#H:r::'ol?r#, to the standards ror bmatt Facilities contained in sub-
. rL^ cr,,ir,-linn and pl^*i-oa-Jtrena+iment
fire code requirements.
small Facilities shall have all of the lollowing basic characteristics:
A.TheSmallFacilityandanyassociatedinfrastructuremustbe
.orpr"t"rv contained within " itrt" or federally permitted parcel (such
.asaCol,oradooil"ndGu'ConservationCommission(CoGCC)
appioved oil/gas well pad) in which.reclamation and revegetation are
"iri"O with ihe permitting agency (Permitted Site); and,
B. The small Facility is located at the Permitted site for less than a
cumulative of one (1) year and at the end of the utilization period' all
structures, foundations and associated infrastructure are completely
removed; and,
C.TheSmallon-SiteTemporaryEmployeeHousingFacilityhousessix
(Oi o;f"*"r individuals who ire emplbyees or sub-contractors of the
operator of the small facility and are needed for onsite safety of the
related commercial, industrial, extraction or highway operation'
Temporaryemployeehousingfacilitiesthatdonothavethethree
characteristics listed aoove, i'e., 1t) houses 7 lo 24 individuals or (2)
rrousei 25 or more individuals at any one time, (3) on location for more
than a cumulative of one 1t; y"ur; 6r (+) are not completely contained
within a permitted site, are suolect to the special use review process,
T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\l\4inor Temp Emp Housing
options-g-20-2007\option2-MinorTemporaryEmployeeHousing-useByRight-Performance
Standards.doc
Page 1
8n712007
zoninsneso#ffi IiHJ::i;TXi:f ?,:"liilTi,:3i?ii:[]
DRAFT
standards and requirements contained in Section 5.02.21 (Major Permit)
or 5.02.22 (Minor Permit) and the enforcement provisions contained
therein, and in Section 9.0.1.06.
(2) The Small, On-Site Temporarv Housinq Facilitv shall adhere to the followinq
Small Facility Standards: All submittal requirements, application torms,
timeframes for review shall be in accordance with the building code. Enforcement
shall be in accordance with the building code and the enforcement provisions
detailed in subsection (1), above. The Small Facility shall demonstrate
compliance with the foiiowing stancjards at the time of building permit application:
(..
Small Facility must comply with all applicable federal, state and local
laws and regulations.
lf the Small Facility contains recreational vehicles, such vehicles
shail comply with ANSI/NFPA 1192 standards for recreational
vehicles.
te the Geunty er any interested third party upen request; te
maet the representatiens eentaineel within the applieatien' ae required
ln no case shall unsafe water be used for drinking nor shall raw
sewage or contaminated water be discharged on the ground sudace.
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 GarJield County Board of
Health or designee within 72 hours from the time the contaminated
water was tested.
Each Small Facility 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 Small Facility for operational 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-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
interested third party upon request, to demonstrate that refuse is
collected in a timely fashion and disposed of at a licensed facility.
F.
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Minor Temporary Employee Housing Begulations
Zoning Resolution of 1978 as Amended, Section 5.02.22DSe;/+
Outdoor food storage is prohibited
Manufactured home or recreational vehicle units equipped by the
manufacturer with a fire sprinkler system, fire detection system, andior
alarm system shall be inspected, tested, and maintained in
accordance with 2003 IFC S901.4 and S901.6 and as required by the
relevant fire protection district(s). Smoke alarms and manual fire
alarm systems shall be installed, inspected and maintained in all other
manufactured home or recreational vehicle units in accordance with
2003 lnternational Fire Code (lFC) $907.2.9 and 5907.2.10 and the
requirements of the relevant fire protection districts.
Single-station carbon monoxide alarms shall be placed in each
manufactured home or recreational vehicle unit.
One (1) or more approved fire extinguisher(s) of a type suitable for
flammable liquids, combustible materials and electrical fires (Class
ABC), or dry chemical, shall be located in each manufactured home or
recreational vehicle unit and placed in accordance with applicable
codes.
l
Within 10 days fellewing the expiratien er ether terminatien ef the
Miner Permit er represeded date ef remeval ident{fied within the
Miner Permit; all heusjng etruet*rresr feundatiens and asseeiated
previAe tne Oepan
feunelatiens and asseeiateel irifrastrueture has been remeved within
@
Domestic animals are prohibited at all Small Facilities.
Each Small Facility shall have at least one (1)water storage tank with
a minimum of 2500 gallons of stored water for initial fire suppression,
operation of sprinkler systems (if applicable) and wild land fire
protection.
the sprinlrler system and initial suppressien aetivities, The size ef the
water tank shall be determined based en sprinkler ealeulatiens and
Faeility is leeated eutside the beundaries ef a fire preteetien distriet'
than Eaeh Miner Faeility shall have at least ene (1)water sterage tanl<
with a minimum ef 2500 gallens ef stered water fer initial fire
fendJire-p+et€eties,
The operator shall document all emergency situations requiring action
by any government agency or fire protection district, in writing, and
L.
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SuchdocumentationshallbepresentedtotheBuildingDepartment
ano oarriero county sheriff's oitice within 24 hours of the occurrence'
P.AllrequiredAccessPermitsshallbeobtainedfromtheGadield
counti-noid and Bridge o"prrtr"nt or the colorado Department of
TransPortation'
Q.TheGarfieldCountySheriff'sofficeandrelevantfireprotection
Oist,ictts) snatt oe notiti"O-ut least 24 hours prior 1" 15111"1::,'nd
removai of each smali F..it,ty. The Building Department. shall be
.opilJorull such notification, whether hard copy,or electronic'
R.Theoperatorshallmaintainrecordsidentffyins-wo$ers.whether
",ploy"""orsub.conti""to'',anddocumentingthedatesthateach worker is houseJ;iht'M{oor Facility. such records shall
u" pr"r-ioLo tL tne county or'any additional third party upon
request. ,,
S. Wastewater DisPosal:
i.VaultSystem:Allvaultsystemsshall.bedesignedand'installed
to accommooate ine miximum number of persons' identified
withintheBuildingPermitapplication,whowillinhabittheMinor
iu"iiity. ln addition, 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 per day. i{ a vault system is proposed or has been
approved, the ApplicanVOperator must:
a. Demonstrate that year-round vehicular access is available
fl:l,'ilL*5::'
t';' sare and resurar access ror sewase
b. Provide a copy of the contract for hauling sewage'
c. Maintain all sewage disposal records including but not
limited to trit logs"/reports and landfill receipts as public
records, available-to the County and/or any other interested
third PartY upon request'
ii.lndividualsewageDisposalsystem(ISDS):lf.anlSDSis
propos"O, then '[ snatt 'ne designed' installed and operated to
accommodate the maximum number of persons who will inhabit
the small Facitity unJ.nurr otherwise be permitted and o.perated
in accordance with the GarJield County 1SD9^ regulations as
containeO in BOCC Resolution Number 1994H-136'
The use, "small on-site Temporary Employee Housing Facility in compliance with
SectionS,o2.23"willbeaddedasause,byrightinthe3'01NI,3.o2AlFyRD,3,03
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section s.02.24H'f;J+
RLSD, 3.04 RLUD, 3.05 RGSD, 3.06 RGUD, 3.07 CL,3.O8 CG, 3.09 OS,3.1O RL,
3.11 F/MH/G/UD,3.12 LI,3.13 PA,3.14 DWC,3.15 CDWC
Definitions:
2.02.512 Temporarv Empiovee Housinq Facilitv(ies):
The use, during times of housing shortage, of manufactured homes and/or recreational
vehicles as removable housing, utilized for a period of time not longer than one year, for
workers who are engageci in a commercial, industrial, mineral extraction or highway
operation and who are needed onsite for the proper execution and safety of the related
operation, including:
1. Small Facilities which house up to 6 workers on a Permitted Site, as defined in
section 2.O2.421;
2. Minor Facilities which house 7 - 24 workers on a Permitted Site, as defined in
section 2.02.421:
3. Major Facilities which house 25 or more workers; or which house a fewer number
of workers, but are not wholly located on a Permitted Site; or which are planned
to be utilized for a period of time longer than one-year; or otherwise meet the
requirements of Section 5.02.21 and Section 5.O:2.?2.
Such facilities are subject to land use approval by means of either an administrative
process or a public hearing process, under the circumstances, standards and
requirements contained in Sections 5.05.21 or 2.'lor 231of this Zoning Besolution.
2.02.421 Permitted Site:
A parcel of land, generally a portion of a lot, as defined in Section 2.02.32, designated
for a commercial, industrial, mineral extractron,or highway operation for which a federal
or state permit is issued. To meet the definition of "Permitted Site", such permit must
grant the approval of the appropriate state or federal agency for the commercial,
industrial, extraction or highway activity(ies) and must require the provision of security
for the reclamation (including revegetation) of the site.
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option 3 - Small Facility Permit & reduced noticing for Minor Permits
Addition of "Small Facility Permit" (1-6 individuals) .! -1r---,- r-^+- .
Reduced Notice n"qrir"'r"nts foi Minor Facility with 7'24 individuals (noticing
Facilities.
(1) Administrative Permii for small and Minor Temporary Employee Housing Facilities:
(l) Administrative Permit ior Minor Temporary Employee Housing Facilities (Minor
Permit):
Minor Temporary Employee Housing Facilities,. in the nature o{ manufactured
homes tas oetineo unde, c.n.s. "42-1-102 (106) (b)l and/or recreational
vehictes t"t OLtin"O 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
livingquartersandnotrecreationalpurposes],maybegrantedlanduse
approval for projects related to commercial, industrial, mineral extraction or
highway operations in any Zone District by the Building and Planning
Departmeni Director (Director), through the Minor Permit process. Such
housing shall be or a temporary naiure, and.at the expiration or other
termination of the Minor Permit, Lll structures, foundations and associated
infrastructure shall be complet"ly ,"*o'"d' Such facilities are subject to all
applicable requirements ot OartiLld County building and fire c-odes (building
code,firecode),stateandfederalpermitsandrelevantfireproiection
district(s) fire code requirements'
Minor Permits shall have all of the following basic characteristics:
A.TheMinorTemporaryEmployeeHousingFacilityandanyassociated
infrastructures (Minor Faciliiy(ies)) must be completely contained
, *itnin a state or {ederally p"iritt"O parcel (such as a Colorado Oil
and Gas Conservation Commission (COCCC) approved oiligas well
prJ) in which rec.lamation and revegetation are secured with the
permitting agency (Permitted Site); and'
B.TheMinorFacilityislocatedatthePermittedSiteforlessthana
cumulative of one (1) Year; and'
C. The Minor Facitity houses seven '(7) to twenty-four (24)
individuals at anY one given time'
Temporaryemployeehousingfacilitiestlltdonothavethethree
characteristics listed above, i."l (r) houses 1 to 6 individuals or (2) houses
25ormoreindividualsatanyonetime,(3)onlocattonformorethana
cumulativeofone(1)year;or(+)arenotcompletelycontained.withina
Permitted site, are subject to the'special use review process' standards and
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requirements contained in Section 5.02.21 (Major Permit) or 5.02.22(1)(ll)
(Small Facility Permit) and the enforcement provisions, contained therein,
and in Section 9.01.06.
(ll) Administrative Permit for Small On-Site Minor Temporary Employee
Housing Facilities (Small Facility Permit):
Small On-Site 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 tractoro motor home or camper trailer is
being used for temporary living quarters and not recreational purposes],
may be granted land use approval for projects related to commercial,
industriai and minerai extraction operations in any Zone District by the
Building and Planning Department Director (Director) through the Small
Facility Permit process. Such housing shall be of a temporary nature, and
at ths expiration or other termination of the Small Facility Permit all
structures, foundations and associated infrastructure shall be completely
removed. Such facilities are subject to all applicable requirements of the
Ga;field County building and fire codes (building code, fire code), state and
federal permits and relevant fire protection district(s) fire code
requirements-
Small Facility Permits shall have all of the following basic characteristics:
A. The Small on,site Minor Temporary Employee Housing Facility
and any associated infrastructures (Small Facility(ies)) must be
completely contained within a state or federally permitted parcel
(such as a colorado oil and Gas conservation commission
(coccc) approved oiligas well pad) in which reclamation and
revegetation are secured with the permitting agency (Permitted
Site); and,
B. The Smatl Facility is located at the Permitted Site for less than a
cumulative of one (1) year; and,
C. The Small Facility houses six (6) or fewer individuals at any one
given time.
Temporary employee housing facilities that do not have the three
characteristics listed above, i.e., (1) houses 7 to 24 individuals; or (2)
houses 25 or more individuals at any one time; or (3) on location for more
than a cumulative of one (1) year; or (4) are not completely contained within
a Permitted Site, are subject to the special use review process, standards
and requirements contained in Section 5.02.21 (Maior Permit) or
5.O2.22(11(ll) (Small Facility Permit) and the enforcement provisions,
contained therein, and in Section 9.01.06.
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5'02.22DS?
(2) General Minor Permit and Small Facility Permit Application Flequirements: The
Applicant shall submit an application, on a form provided by the Building and
Pianning Department (Department) and be issued a Minor Permit or a Small Facility
Permit by the Director prior to commencing installation of the facility.
Minor Permit, small Facility Permit and Area wide Development PIan
(AWDP): Each Minor Facility or Small Facility application shall be
revrewed 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 apply for an AWDP
consisting of multiple Minor Facilities or Srnall 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 or Small Facility Permits. Approval of an
AWDP, however, does not guarantee approval of each Minor or Small
Facility Permit. Administrative review is required for permitting of
each Minor or Small Facility, in accordance with the process and
timelines contained in Section 5, below.
ldentity of Applicant. The Applicant for a Minor or Small Facility Permit
or for approval of qn 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, surface use agreement or similar document of legal effect
demonstrating that the Owner has given the representative
permission to use the sufface estate for installation of one or more
Minor or Small Facilities. The representative may be the operator of
the Minor or Small Facility(ies) (Operator), a land use planner,
engineer, consultant or any other type of authorized
representative/agent.
Public Notice and Notice to SurJace Owner:
i. Minor Permit for Seven (7) to Twenty-Four {24) individuals
or AWDP: 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 Permitted Site subJeel-let, 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 GarJield County Clerk and
Recorder. Public Notice shall include at a minimum: name of
the Applicant and representative (if different), descriptionimap
of the subject lot with proposed location of Minor Facility(ies),
general description of the proposed Minor Facility(ies),
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explanation of the reconsideration process, outlined in Section
6, below, with the timeframe to request reconsideration of the
Director's decision and contact information for the Department'
ii. Smatt Facility Permit for One (1)to Six (6) individuals: The
Applicant shall demonstrate that notice was mailed to the
Owner (unless the Owner is the Applicant and is not
represented), as identified in the records of the Garfield
County Clerk and Recorder. Notice shall include at a
minimum: name of the Applicant and representative (if
different), description/map of the subiect lot with
proposed location of the Small Facility(ies)' general
description of the proposed Small Facility(ies),
explanation of the reconsideration process, outlined in
Section 6, below, with the timeframe 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 for Small or Minor Facilities: At a
minimum, the Applicant for approval of an AWDP, along with the submittals
listed in Section 2, above, shall submit:
A master map/site plan in accordance with Section 4(H), below,
identifying the proposed location and anticipated layout for all Small or
Minor Ficilities to be installed within the AWDP. Site specific,
surveyed maps depicting the location of each Small or Minor Facility,
located within the Permitted Site within the subject lot, shall be
submitted with each individual Small or Minor Permit application and
not with the application for approval of an AWDP'
The master mapisite plan shall include a list of the anticipated dates
of installation and removal for each Small or Minor Facility. The list
shall also include the estimated total cumulative length of time
(number of days) that the Small or Minor Facilities are anticipated to
be installed at the proposed location.
c. sign-offs from the Garfield county sherriff's office, relevant fire
protection district(s), and Garfield county Building Department
consistent with Section 4 (A) and (B), below.
A legible photo of the state or federal "certifying 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.
A general description of infrastructure and services listed in Section 4
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D.
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(C) - (E), below' The detail required at the time of application for a
SmallorMinorPermitisnotrequiredatthetimeofapplicationfor
aPProval of an AWDP'
F.Proofthatrequirednoticinghasbeenpedormedinaccordancewith
Section 2(C) above'
AssumingapprovaloftheAWDP'followingthetimeframelor
reconsideration detailed in Section 6 beiow, the Applicant may proceed to
submii in,i.irur ,pprications for the Small or l\4inor Facilities proposed
withintheAWDP,inaccordancewiththesubmittalrequirements,
standards,administrativereviewprocessand^timeframesandthe
reconsideratil" pro.u.s and timeframes, stated in sections 4 - 7, below'
(4)Submittals for Small or Minor Permit, including,small or Minor Permit applications
which an AWDP was previously approved:
A.Sign-offs:reviewfromtheGadieldCountySheriff'sOfficeand
relevant fire proteciion district(s)' lf an AWDP was previously
approved in u..oiJunce with Section (3)' above' the Applicant for a
SmallFacilityo.r'lt,o'Permitneednotresubmitthesign.offs.
B'Sign-off:reviewfromtheGarfieldCountyBui}dingDepartmentofthe
state or federal ;.u,titving stamp,,for each housing unit proposed for
use and demonstration tnlt each proposed housing unit meets current
building coo" unJ'-tire code requirements. lf an AWDP has been
previously approveO which includes the Small or Minor Facility
presentlyoeing-permitted,theApplicantshallidentifythehousing
units which will be used at the small or Minor Facility from the list
approved as apart of the AWDP'
C.Generaldescriptionofthewatersystemplannedforpotablewater'-
utong witfr Oeiaiti regarding number and volume of potable water
i;;G, source of watei n"*5 of hauler' hauler's Colorado Department
of public Health-anJ rnuironment (cDpHE) registration.number and
copy o{ frauter's COFfrf certification' frequency of delivery' and
calculationofwaterdemandanddemonstrationofadequatecapacity.
D.AgeneraldescriptionoftheSystemplannedforcollectionandstorage
of sewage and wastewater, ilong with details regarding number and
volume of ""*ug" ;nd wastewater vaults, name of hauler, frequency
of pickup, ioentiticaiion of sewage disposal site, calculation of sewage
and wastewut", t[rtrent deriand and demonstration of adequate
storage and/or treatment capacity'
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A general description o{ the system planned for collection and
disfosal of refuse, along with details regarding refuse collection,
inciuding number, type and volume of containers; name of hauler;
frequency of collection; and identification of refuse disposal site.
Consisteni with subsection (2)(C), above,
i. Minor Permit: A list identifying the owner(s) of the subject lot and
the adjacent surface owners within 200 feet of the Permitted site
, as icientif ieci in the
OartietO County Assessor's records, and a list of separated
mineral estate owners of the subject lot, as identified in the
Garfield County Clerk and Recorders records.
ii. small Facility Permit: A list identifying the sudace owner(s) of the
subject lot, as identified in the GarJield County Clerk and
Recorders records.
G. A list of the final dates of installation and removal of the Small or
Minor Facility and a representation of the total cumulative length of
time (numbei of days) that the Small or Minor Facility will be installed
at the Proposed location.
H. Site Plan: The Applicant shall submit an adequate site plan,
consistent with Section 9.01.01 of this 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 small or Minor Facility
within the subject lot and the Permitted Site; general
relationtosurroundingpublicroads,privateroads,
adjacent utility systems, residential development, other
, aciivety permitted Small, Minor and Major Facilities, natural
,, i' drainage courses and municipalities within one (1) mile of
the proposed Small or Minor Facility; north arrow and
scale; GPS coordinates and current sufface ownership of
l!3 jJ?T'Ji'l;,li?L"'1'J"[:l,iXii:: jj'""':ii"'ry#;
or equivalent, with a topography depicted at a minimum of
' 5'intervals.
ii. Surveyed layout of the proposed Small or Minor Facility
within the surveyed boundaries of the Permitted Site,
including at a minimum: sewage and wastewater disposal,
trash receptacles, potable water storage, all other
associated infrastructure and all other equipment located
within the Permitted Site'
iii. ldentification of the private and public roadways accessing
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.02.22DgleJ?
each Small or Minor Facility. Roadways shall be marked as
open, gated, and/or locked (include combinations)'
Detailed directions, with mileage, shall be given from the
nearest town within Gariield County, nearest Garfield
County Sheriff's Office dispatch location and responsible
fire district headquarters to each Small or Minor Facility,
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 field operations;
contact numbers for local hospitals, emergency response,
fire protection districts, Gar{ield County Sheriff's Office,
Life/Care Flight, and applicable regulatory agencies; site
safety/evacuation plan; and any other written response
plan for potential emergencies at the Permitted Site.
vi. ldentification of the final dates of installation and removal
of the Small or Minor Facility. The site plan shall include a
notation of the total cumulative length of time (number of
days) that the Small or Minor Facility will be installed at the
Permitted Site.
l. The name, title, address, phone number and email address of the
Operator's employee or other authorized representative who is in
charge of ensuring that the Small or Minor Facility is in compliance with
the standards outlined in Section 5.02.22 ("Operator's Compliance
Office/').
J. A form, provided by'the Department and signed by the Operator's
Compliance Officer, indicating that the Small or Minor Facility will be
installed in accordance with all applicable Garfield County, relevant fire
district, state and federal regulations.
K. A form, provided by the Department and signed by the Operator's
Compliance Officer, indicating that the 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 Site, identifying the location, conditions of approval, time
period for which the permit is valid and the parameters for reclamation
and revegetation of the Small or Minor Facility once the state or federal
permit for the Permitted Site has expired or is otherwise terminated.
(5) Timeframe of Review and Adminisirative Determination:
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A.UponsubmittalofanapplicationforaSmallorMinorPermitorfor
upp|.ouutofanAWDPtotheDeparlment,-atechnicalcompliance
checkshallbecompletedandnoticeofcomplianceornon.compliance
..ni to the Applicant by the Director within fourteen (14) calendar
days of submiital. once an application for a Small or Minor Permit or
nWbp is deemed technically compliant by the Director, the Director
shallissueadeterminationofapproval,approvalwithconditionsor
denialwithinfourteen(14)calendardaysfollowingthedateof
technical compliance determination. unless otherwise provided
n"r"in, ihe expiration of any time limiiation_imposecl upon ihe Boarcj of
County Commissio'u", ih" Planning Commission' or any other
corniv representative, shall be interpreted as having conseguence
onrvrnentitlinganinterestedpartytorequestjudicialreliefinthe
nature of mand''amus. The expiration of any such time limitation shall
,ot,inandofitself,beconsideredasapprovalordenialofany
application, plan or plat under consideration'
B. lf the Director finds in reviewing an application that the application
meets the standards set fortn in=this Zoning Resolution, the. Director
.f,"if-"ppiore the application for a Small or Minor Permit and issue the
sruri[i Minor peimit 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
uppiopr*t" reasonable conditions imposed to avoid or minimize the
significant adverse impacts of the small or Minor Facility(ies)' such
.onJlti*i |.n"v include, but are not necessarily limited _to, the
retoeationormodificationofproposedaccessroads,facilities
tinciloi"g water and sewer facilities), or structures; landscaping,
O,rtf"ting; or screening; or any other measures necessary to mitigate
unv ui g;ii"ant i mpact-on su rrounding properties and inf rastructu re'
D. lf the Director finds that the application does not meet an applicable
standard or standards and that the non-compliance cannot be
mitigaied through a condition(s) of approval, the Dlrector shall deny
theSmallorMinorPermitorapplicationforapprovalofanAWDP'
(6) Reconsideration Hearing: once the Director issues a determination on the
application it',e o"t"t*inition shall not be final forfourteen (14) calendar days
after the date of the determination in order to allow trme for the applicant'
adjacent prop"rt, i*n"r. within 200' of the subiect lot, the Owner(s)' subject
lot separated hineral estate owners, andior the Board of county
commissioners (BOCC) to reconsider the determination made by the Director'
The Director's determination shall become final only after the expiration of this
fourteen tf al callnOar day perloO, and only if the determination is not reviewed
and acted ,p* OV the BOiC at a subsequent reconsideration hearing'
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B.
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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 detailed in (2)(B), above), an adjacent-property
owner within 2OO' ol 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).
iii. Notice by Publication. At least thirty (30) calendar days prior to the
date of the scheduled Reconsideration Hearing, the aggrieved parly
shall have published a notice of public hearing in a newspaper of
general circulation in the area in which the proposed small or Minor
Facility or AWDP is located.
iv. Notice to Adjacent Properly Owners. At least thirty (30) calendar
days prior to the date of the scheduled Reconsideration Hearing, the
aggrieved party shall send by certified mail, return receipt
requested, a written notice of the public hearing to the owners of
record of all adjacent property within 200' of the subject lot. The
notice shall include a vicinity map, the legal description of the
,subject lot, a short narrative describing the Small or Minor Facility or
AWDP, and an announcement of the date, time and location of the
scheduled,Reconsideration Heari n g.
v. BOCC Decision. 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 small
or Minor Facility or AWDP with the regulations contained in this
Zoning Flesolution and, specifically, Section 5.02.22.
call-up by Board. within foudeen ('14) calendar days of the date of
receipt of notice of the Director's decision, the BOCC may at its
discretion, decide to reconsider the Director's decision at the next
regularly scheduled meeting of the BOCC for which proper notice of
hearing can be accomplished.
i. Call-up Vote. The BOCC shall consider the call-up request, by one
or more Commissioners, at the next regular meeting of the BOCC
and set a public hearing by a majority vote of the Bocc in favor of
the Reconsideration Hearing.
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ii. Notice by Publication. At least thirty (30) calendar days prior to_the
date of the scheduled Reconsideration Hearing before the BOCC,
the Director shall have published a notice of public hearing in a
newspaper of general circulation in the area in which the proposed
Small or Minor Facility or AWDP is located'
iii. Notice to Adjacent Property Owners. At least thitty (30) calendar
days prior io the date of the scheduled Reconsideration Hearing, the
Director shall send by certified mail, return receipt requested, a
written notice of the public hearing to ihe owners of recorci of all
adjacent property within 200' of the subject lot. The notice shall
include a vicinity map, the legal description of the subject lot, a short
narrative describing the small or Minor Permit or AWDP, and an
announcement o{ the date, time and location of the scheduled
Reconsideration Hearing.
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 Small
or Minor Facility or AWDP with the regulations contained in this
Zoning Resolution and, specifically, Section 5-02.22'
(7) The Small or Minor Facility shall adhere to the following Minor Permit and Small
Facility Permit standards:
A. Small and Minor Facilities must comply with all applicable federal,
state and local laws and regulations.
c.
operator must keep and maintain appropriate records, to be provided
to the County or any interested third party upon request, to
demonstrate that potable water supplied and sewage and wastewater
meet the representations contained within the application, aS required
by Section 4(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 surJace.
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
Health or designee within 72 hours from the time the contaminated
water was tested.
small and Minor Facilities shall be maintained in a clean, safe and
sanitary condition, free of weeds and refuse. Any hazardous or
noxioui materials that must be stored at the Small or Minor Facility for
operational or security reasons must be managed in accordance with
all applicable federal, state and local laws and regulations.
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Minor Temporary Employee Housing Regulations
Zoning Resolution ol 1978 as Amended, Section 5'02'22 (New)
DRAFT
At least one thirly (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
interested third party upon request, to demonstrate that refuse is
collected in a timely fashion and disposed of at a licensed facility'
Outdoor food storage is prohibited unless facilities that prevent the
attraction of animalsto the Minor Facility are provided'
Manufactured home or recreational vehicle units equipped by the
manufacturer wrth a fire sprinkler system, fire detection system, and/or
alarm system shall be inspecied, tested, and maintained in
accordance with 2003 lFc s901.4 and s901.6 and as required by the
relevant fire protection diJtrict(s). Smoke alarms and manual fire
alarm systems shall be installed, inspected and maintained in all other
manufactured home or recreational vehicle units in accordance with
2003 lnternational Fire code (lFC) $907.2.9 and s907.2.10 and the
requirements of the relevant fire protection distt'icts'
Single-station carbon monoxide alarms shall be placed in each
manufactured home or recreational vehicle unit'
One (1) or more approved fire extinguisher(s) of a type -suitable
for
flamma'ble liquids, combustible materials and electrical fires (Class
ABC), or ciry chemical, shall be located in each manufactured home or
recreational vehicle unit and placed in accordance with applicable
codes.
lnhabitants of the small or Minor Facility shall be Applicant's
employees andlor subcontractors, working on the related commercial,
industiial or mineral extraction operation, and not dependents of
employees, guests or other family members'
L. Within 10 days following the expiration or other termination of the
Small or Minor Permit or represented date of removal identified within
the small or Minor Permit, all housing structures. foundations and
associated infrastructure shall be completely removed. The operator
shall provide the Department with photos, dated and signed by the
operator's compliance officer, indicating that all housing structures,
foundations and associated infrastructure has been removed within
the specified timeframe'
M. No domestic animals are allowed at a small or Minor Facility.
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Minor Temporary Employee Housing Hegulations
Zoning Resolution of 1978 as Amended, Section 5.02.22D9'f;J?
A water Storage tank shall be required to provide water to the sprinkler
system and initial suppression activities. The size of the water tank
slrall be determined based on sprinkler calculations and initial
suppression demands. The size of the water storage tank shall be
determined by the relevant fire protection district. lf the Small or Minor
Facility is located outside the boundaries of a fire protection district,
then each small or Minor Facility shall have at least one (1) water
Storage tank with a minimum of 2500 gallons of stored water for initial
fire suppression, operation of sprinkler systems (if applicable) and wild
lancj fire protection.
All emergency situations requiring action by any government agency
or fire protection district shall be documented in writing and presented
to the Planning Department and Garfield County Sheriff's Office within
24 hours of the occurrence.
P. All required Access Permits shall be obtained from the Garfield
county Road and Bridge Department or the colorado Department of
Transportation.
The GarJield county sheriff's office and relevant fire protection
district(s) must be notified at least 24 hours prior to installation and
removal of each Small or Minor Facility. The Department shall be
copied on all such notification, whether hard copy or electronic.
The oper:ator shall maintain records identifying workers, whether
employees or sub-contractors, and documenting the dates that
each worker is housed at the Minor Facility. Such records shall
be provided to the County,or any additional third party upon
request.
S. Wastewater Disposal:
Vault System: All vault systems shall be designed and installed
to accommodate the maximum number of persons, identified
within the small or Minor Permit application, who will inhabit the
Small or Minor Facility. ln addition, all vault systems shall be
equipped with an ovedlow alarm device. Vault systems shall be
designed to accommodate a minimum of 75 gallons of
wastewater per person per day. lf a vault system is proposed or
has been approved, the ApplicanVOperator must:
a. Demonstrate that year-round vehicular access is available
and maintarned for safe and regular access for sewage
hauling vehicles.
b. Provide a copy of the contract for hauling sewage.
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c. Maintain all sewage disposal records including but not
limited to trip logs/reports and landfill receipts as public
records, available to the County andior any other interested
third party upon request.
lndividual Sewage Disposal System (ISDS): lf an ISDS is
proposed or has been approved, then it shall be designed,
installed and operated to accommodate the maximum number of
persons who will inhabit the Small or Minor Facility and shall
otherwise be operaied in accordance with the GarJieid County
ISDS regulations as contained in BOCC .Resolution Number
1 994H-1 36.
(8) Enforcement:
(/.
Procedures: Violations of Section 5:O2.22 are subject to Section 12 and
Section LO1.06 of this Zoning Resolution and the procedures contained
in this Section (8).
lnspection: The BOCC reserves the right to inspect any Small or Minor
Facility, including structures and infrastructure and any other related
improvements, and/or required documentation related to the Small or
Minor Facility, through its authorized representative(s), to determine if
such are in compliance with this Zoning Resolution and, specifically,
Section 5.02.02; the building code and fire code; and specific conditions
of the small or Minor Permit. Such authorized representative(s) may
inspect lsDS systems under the county lsDS regulations (adopted by
BOCC Resolution 1994H-136). Any official performing an inspection shall
abide by all laws of search and seizure, aS set forth by federal and state
statutory and constitutional provisions, in accessing the Small or Minor
Facility, the Permitted Site and the subject lot. Visits to a Small or Minor
Facility by a fire protection district or the Gar{ield County Sheriff's Office
will be reported tothe Director.
Permit Revocation: All enforcement actions run with Minor Permits for
individual Small or Minor Facilities and are not applied to AWDP's. lf it is
found, consistent with the procedure identified in Section 9.0'1.06, that the
permitted Small or Minor Facility was not installed in conformance with or
is out of conformance with any of the standards established in this
Resolution, applicable building and/or fire codes or specific conditions of
the Small or Minor Permit, the Small or Minor Permit may be suspended
or revoked by the Bocc. The Bocc may also suspend or revoke the
Small or Minor Permit upon notice from a state or federal agency or a fire
protection district that said agency or district has determined that the
Small or Minor Facility is out o{ compliance with that agency's or district's
regulations. lf a Small or Minor Permit is revoked, the previously
permitted Small or Minor Facility shall be immediately vacated and any
installed structures and inf rastructure shall be removed within the
fourteen (14) calendar days following the date of revocation. Proof of
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Minor Temporary Employee Housing Regulations
Zoning Resolution of t 918 as Amended' Section 5 02 2e$l?
removal shall be provided to the Building and_Planning.Department by
5:00 PM on the tourteentn ('14) calendar-day. such proof shall be in the
iorm of photo documentaiion signed and dated by the compliance
Officer.
Effect of a Revoked Permit: A revoked small Facility or Mrnor..Permit shall
notberenewed,anoarequestforapprovalofaSmallFacilityorMinor
i""NiV at the same location shall be processed as a new application'
Liab,ility: owner of the subjeci lot and ihe operator of the small or Minor
Facility are each individually resp_onsible for compliance with the
i"g;ruiion. containeJ in this Zbning Resolution and, specifically, Section
5.02.22.
Three (3) Revoked Permits: Upon revocation of three (3) small Facility or
Minor Permits, the euitoing and Planning Director shall.refer the fourth
ilin; anJ "ii Jrtrr" Smatt"Facility or Minor Permit applications by the
offending operator
-to tne Bocc. The BOCC shall 'review such
applications as a request for a Special-Use Permit' in gc-cordgnce with the
frrfjior facifity regulations contained in Section 5.02'21 of this Zoning
Resolution.
G. The offending operator may be allowed to submit future applications for
Small Facility oi ftfinot i'ermits for review and approval by tl'
administrative process contained in section 5.02.22, rather than review in
accordance witn ifre 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.
The use, during times of housing shortage, of manufactured homes and/or recreational
vehicles as ,"rouuOL-no*rg,"rtiliitzeaior a period of time not longer than one year' for
workers who are engaged in a commerctal, industrial, mineral extraction or highway
operation and who are"needed onsite for the proper execution and safety of the related
operation, including:
small Facilities which house up to 6 workers on a Permitted site, as defined in
section 2.02.421;
Minor Facilities whrch house 7 - 24 workers on a Permitted site, as defined in
section 2-02.421;
n t;; Facilities which house 25 or more workers; or which house a fewer number
of workers, but are not wholly located on a Permitted Site; or which are planned
to be utilized for a period of time longer than one-year; or otherwise meet the
requirements of Section 5.02'21 and Section 5'02'22'
D,
-tr.
F.
1.
2.
J.
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.02 22o$leJ?
Such facilities are subject to land use approval by means of either an administrative
process or a public hearing process, under the circumstances, standards and
iequirements contained in Sections 5.05.21 or 22lor 231 of this Zoning Resolution.
2.02.421 Permitted Site:
A parcel of land, generally a portion of a lot, as defined in Section 2.02.32, designated
for a commercial, industrial, mineral extraction or highway operation for which a federal
or state permit is issued. To meet the definition of "Permitted Site", such permit must
grant the approval of the appropriaie state or federal agency for the commerciai,
industrial, extraction or highway activity(ies) and must require the provision of security
for the reclamation (including revegetation) of the site,
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Zoning Resolution of 1978 as Amended, Section 5.02,22 (New)
DRAFT
Option4-MinorPermit
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 (1OO) (b)] and/or recreational vehicles
[as defined under C.R.S. 42-i-102 (6i), with the addition thai 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 extrac,{ion operations in any Zone
District by the Building and Planning Departmeni Director (Director), through the
Minor Permit process. Such housing shall be of a temporary nature, and at the
expiration or other termination of the Minor Permit, all structures, foundations and
associated infrastructure shall be completely removed. Such facilities are subject
to all applicable requirements of Garfield County building and fire codes (building
code, fire code), state and federal permits and relevant fire protection district(s)
fire code requirements.
Minor Permits shall have all of the following basic characteristics:
A. The Minor Temporary Employee Housing Facility and any associated
infrastructures ("Minor Facility(ies)") must be completely contained
within a state or federally pbrmitted 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,
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.
Temporary employee housing facilities that do not have the three characteristics
listed above, i.e., 25 or more individuals at any one time, on location for more
than a cumulative of 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
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administrativedeterminationmade,inaccordancewiththeprocess
ano iimetrames ouflined in section 5, below. The Applicant, however,
may choose to apply tor an AWDP consisting of -multiple 'Minor
Facilities to be developed within an identified amount of time, using an
accelerated administratirc pro.".=, following approval.gf^T AWDP'
r"ring to-*rttipt" Minor permits. Approval of an AWDP, however,
doesnotguaranteeapprovalofeachMinorPermit.Administrative
reviewisrequiredforpermittingofeachMilorFacility,inaccordance
witn tne process and timelines contained in Section 5, below.
B. ldentity of Applicant. The Applicant for a Minor Permit or for approval
ofanAWDPmustbetrreownerofthesurfaceestateofthesubjectlot
to*n"ii, .on.i"t"nt with section 9 of this Zoning Resolution. lf a
|,"pr"r"nt"tive is acting on behalf of lhe. gwler' an acknowledgement
trom 1ne Owner snatT Ue included"'with the application submittals
,uquir"Jov section +, below. such an acknowledgment may be jn the
formofaletterofauthority/agencyoralease,surfaceuseagreement
or similar document of fegalitfuit demonstrating thatlhe Owner has
given the representative"fermiss':n .L?. use the sudace 'estate
for
installation of one or more Minor'Facilities' The representative. may
o" ir,"- op"rator of the Minor Facitity(ies) (operator),. a land use
planner, engineer, consuttant or any other type of authorized
rePrese ntative/ag e nt'
C.PublicNotice:Atthetimeofsubmittalofanapplicationfora.Minorp"i*it ol. upprorul of an AWDP, the Applicant shall demonstrate that
noticewasmai|edtoadjacentpropertyownerswithin2O0feetofthe
suofi-ct rJ, ,* io"ntified'in the'Garfiel-d county Assessor's Records;
,tn" o*n"i'(unless tn" o*nur is the Applicant and is not represented);
,no .*purried mineral estate owners, as identified in the records of
tn" caiiiero county creir< and Recorder. Public Notice shall include
at a minimum: name oitn" Applicant and representative (if different),
Oesffiftionlmap of the subjeci lot with proposed location of . Minor
rr.iritvri"rj, ginerar o"r.ription of the proposed Minor Facility(ies),
explanationotttrereconsiderationprocess,outlinedinSection6,
n"ro*, *itr. the timeframe to request reconsideration of the Director,s
decisionandcontactinformationfortheDepartment.
D.TheapplicationmustalsoincludethesubmittalsrequiredbySection3
and 4, below'
(3) Submittal Requirements for an AWDP: At a minimum, the Applicant for
approval "f ;;AWDP, "long
with the submittals listed in Section 2' above' shall
submit:
A'Amastermap/siteplaninaccordancewithSection4(H),below'
identifyingtheproposedlocationandanticipatedlayout.forallMinor
rr.ii,t"rio be in'stalleJ *itnln the AWDP. site specific, surveyed
,up"o"pi.tingthetocationofeachMinorFacility,locatedwithinthe
Permitted site within the subject lot, shall be submitted with each
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.02.24$eJVl
individual Minor Permit application and not with the application for
approvalof an AWDP.
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.
sign-offs from the GarJield county sherriff's office, reievant fire
protection district(s), and Garfield county Building Department
consistent with Section (A) and (B), below'
A legible photo of the state or federal "certifying stamp" for each
housing unit anticipated to be used within the AWDP and
demonltration that each proposed unit meets current building code
and Gar{ield County fire code requirements.
A general description of infrastructure and services listed in Section 4
(Ci - (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.
Proof that required public noticing has been performed in accordance
with Section 2(C) above.
Assuming approval of the AWDP, following the timeframe for
reconsideration detailed in Section 6 below. The Applicant may proceed
to submit individual applications for the Minor Facilities proposed within
the AWDP, in accordance with the submittal requirements, standards,
administrative review process and timeframes and the reconsideration
process and timeframes, stated in Sectlons 4 - 7, below'
(4)submittals for hrlinor Permit, including Minor Permit application for which an
AWDP was previously aPProved:
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'
sign-off: review from the GarJield county Building Department of the
stite or federal "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 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.
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Zoning Resolution of 1978 as Amended' Section 5 02'23$f;J+
General description of the water system planned for potable water'
,fong with deiails regarding number and volume of potable water
tankl, source of watei nam6 of hauler, hauler's Colorado Department
of public Heatth ,nJ Enuironment (cDpHE) registration.number and
.opy of hauler's CDPHE certification, frequency .of delivery' and
calculationofwaterdemandanddemonstrationofadequatecapacity.
AgeneraldescriptionoftheSystemplannedforcollectionandstorage
of sewage anO *asie*ui"r, ,long with details regarding number and
v'olume If ="*ug* and wastewater vaults, name of hauier' frequency
oi pirt up, identiiication of sewage disposal site, calculation-of sewage
and. wastewater treatment deriand and demonstration of adequaie
storage and/or treatment capacity'
A general description of the sYslef planned for.collection and
olrio"ur of refuse, ilong with details regarding refuse collection,
including number, type a"nO volume .of containers; name of hauler;
i.tqr"..V of collection; and 'identification of refuse disposal site'
F. A list of adjacent surface owners within 200'feet of the subject lot (not
ont;' th;-'p.iritt"o site), as identified .
in the Garfield county
ASSeSSoT,S records, ano a list of separated mineral estate owners in
tf,"'-.rOju"t
-tot, as identified in ifre Garfield County Clerk and
Recorders records'
G. A list of the final dates of installation and removal of the Minor Facility
,nJ"lupr.sentation of the total cumulative length of time (number of
;ilr; ih; ih, Mroi Facility wiil be installed at the proposed location.
H.SitePlan:TheApplicantshallsubmitanadequatesiteplan,
consistent with section e.or '01 of this Zoning Resolution and the
requirements listed below:
i. A vicinity map indicating the section' township' and range
of the subiect lot and ihe location of Minor Facility within
the subjeci lot and the permitted site; general relation to
surrounding public roads, private roads' adiacent utility
systems, residential development, other actively permitted
Minor and Major Facilities, natural drainage courses and
municipalities within one (1) mile of the proposed Minor
Facility; nortn arrow and' scale; GPS coordlnates and
current surface ownership of the subject lot' The vicinity
map shall Oe presented on a USGS 7'5 minute series
quadrangle at a scale of 1"=2000' or equivalent' with a
topogra[ny depicted at a minimum of 5' intervals'
ii. Surveyed layout oi the proposed Minor Facility within the
surr"y"d boundaries of the Permitted Site' including at a
minimum: sewage and wastewater disposal' trash
receptacles, pota"ble water storage' all other associated
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infrastructure and all other equipment located within the
Permitted Site.
ldentification of the private and public roadways accessing
each Minor Facility. Roadways shall be marked as open,
gated, andlor locked (include combinations)' Detailed
directions, with mileage, shall be given from the nearest
town within Garfield County, nearest Garfield County
Sheriff's Office dispatch location and responsible fire
disti'ici headquarters to eaeh Minor Faciiiiy, aiong each
roadway.
Name, address and phone number of surface owner of the
subjeci lot.
v. Name, address and phone number, including a 24-hour
emergency response number of at least two persons
responsible for,,Operator's emergency field operations;
contact numbers for local hospitals, emergency response,
fire protection districts, Garfield County Sheriff,s offlce,
Life/CareFlight,andapplicableregulatoryagencies;site
safety/evacuationplan;andanyotherwrittenresponse
plan for potential emergencies at the Permitted Site'
vi. ldentification of the final dates of installation and removal
of the Minor Facility. The site plan shall include a notation
ofthetotalcumulativelengthoftime(numberofdays)that
the Minor Facility will be installed at the Permitted Site'
l. The name, tifle, address, phone number and email address of the
Operator's employee or other authorized representative who is in
charge of ensuring that the Minor Facility is in compliance with the
standards outlined ln Section 5.02.22 ("Operator's Compliance Off icer").
J. A form, provided by the Department and signed by the operator's
Compliance Officer, indicating that the Minor Facility will be installed in
accordance with all applicable GarJield County, relevant fire district,
state and federal regulations.
A form, provided by the Department and signed by the operator's
compliance officer, indicating that the operator submits to the
enforcement provisions identified within Section (8), below'
A copy of the permit from the state or federal agency, regulating the
permitied Site, identifying the location, conditions of approval, time
period for which the permit is valid and the parameters for reclamation
and revegetation of the Minor Facility once the state or federal permit
for the Permitted Site has expired or is otherwise terminated'
L.
(5) Timeframe of Review and Administrative Determination:
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Minor Temporary Employee Housing Begulations
Zoning Resolution oi 1978 as Amended' Section s'oz.zz,ffi$
A. Upon submittal of an application for a Minor Permit or for approval of
an AWDp to the Depar.tment, a technical compliance check shall be
completed and notice of compliance or non-compliance sent to the
Applicant by the Director witf,in fourteen (14) cale.ndar days of
submittal. Once an application for a Minor Permit or AWDP is deemed
. technically compliani by the Director, the Director shall issue a
determination oi approval, approval with conditions or denial within
foufieen (14) calendar days following the date of technical compliance
deiermination. Uniess otherwise provicieci herein, the expiraiion of any
time limitation imposed upon the Board of County Commissioners, the
Planning commission, or any other county representative, sh.all be
interpreied as having consequence only in entitling an interested.party
to request juclicial r.iii"f in the naiure of mandamus. The expiration of
any such iime limitation shall not, in and of itself, be considered as
approval or denial of any application,'plan or plat under consideration.
B. lf the Director finds in reviewing an application that the application
meets the standards set forth 1n 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
standardorstandards,theapplicationmaybeapprovedwith
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 relocatton or
.molification 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
sunounding properties and infrastructure'
..:;i 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 Director shall deny
the
-Mlnor Permit or application for approval of an AWDP'
(6) Beconsideration Hearing: Once the Director issues a determination on the
application the determinition shall not be final for foudeen (14) calendar days
aiter the date of the deiermination in order to allow time for the applicant'
adjacent property owners within 200' of the subject lot, the owner(s), subject
lot separated mineral estate owners, andior the Board of county
Commissioners (BOCC) to reconsider the determination made by the Director.
The Director's determination shall become final only after the expiration of this
foudeen (14) calendar day period, and only if the determination is not reviewed
and acted upon by the BCjCC at a subsequent reconsideration hearing'
A. Request by Applicant or Adjacent Property Owner for Reconsideration
of Decision.
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 19iB as Amended. Seciion 5'02 22D$f,eJ?
i'WrittenRequest'TheApplicant(andtheowner,iftheowneris,.representedaSdetailedin(2)(B),above),anadjacent_property
owner within 200, of the subject lot, aggrieved by the Director,s
decision may request reconsideration by the BOCC by means of a
*iittun r"qrlrt titeo witn 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)'
iii. Notice by publication. At least thirty (30) calendar days prior to the
date of thl scheduled Reconsideration Hearing, the aggrieved paily
shallhavepublishedanoticeofp,ublichearinginanewspaperof
general circulation in the area in whicn the proposed Minor Facility
or AWDP is located.
iv. Notice to Adjacent Property Owners. At least thirty (30) calendar
days prior to the date of ine sclreduled Reconsideration Hearing, the
atirieved party shall send by certified mail, return receipt
re"{uested, a *ritt"n notice of the public hearing to the owners of
record of all adjacent properly within 2oo' of the subject lot' The
notice shall inciude a vicinity map, the legal description of the
subject lot, a short narrative describing the Minor Facility or AWDP,
and an announcement of the date, time and location of the
scheduled Beconsideration Hearing'
v. BOCC Decision. 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 deeision 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'
B- Call-up by Board. within fourteen (14) calendar days oJ the date of
receipi of notice ol the Director,s decision, the Bocc may at its
discretion, decide to reconsider the Director's decision at the next
regularly scheduled meeting of the Bocc for which proper notice o{
hearing can be accomPlished'
i. call-up Vote. The BOCC shall consider the call-up request, by one
or more commissioners, at the next regular meeting of the BOCC
and set a public hearing by a majority vote of the BOCC in favor of
the Reconsideration Hearing.
ii. Notice by Publication. At least thirly (30) calendar days prior to the
date of the scheduled Reconsideration Hearing before the BOCC,
the Director shall have published a notice of public hearing in a
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B.
C.
D.
E.
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newspaper of general circulation in the area in which the proposed
Minor FacilitY or AWDP is located.
iii. Notice to Adjacent Property Owners. At least thitty (30) calendar
days prior to the date of the scheduled Reconsideration Hearing, the
Direcior shall send by certified mail, return receipt requested, a
written notice of the public hearing to the owners of record of all
adjacent property within 200' of the subject lot. The notice shall
include a vicinity map, the legal description of the subject lot, a short
narrative describing the Minor Permit or AWDP, and an
announcement of the date, time and location of the scheduled
Reconsideration Hearing.
iv. Decision by BOCC. The BOCC shall conduct the Reconsideration
Hearing and, based upon the evidence received at the hearing, the
Board hay 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'O2'22'
(Z) The Minor Facility shall adhere to the following Minor Permit standards:
Minor Facilities must cor'nply 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 party upon request, to
demonstrate that potable water Supplied and Sewage and wastewater
meet the representations contained within the application, as required
by Section 4(C)and (D) above.
ln no case shall unsafe water be used for drinking nor shall raw
sewage or contam'inated water be discharged on the ground sudace.
The 6perator 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
,Health or designee within 72 hours 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 operational 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-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{itting lids.
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended' Section 5'02 22 (New)
DRAFT
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 party upon requesi, to demonstrate that refuse is
collectedinatimelyfash.ionanddisposedofatalicensedfacility'
G. Outdoor food storage is prohibited unless facilities that prevent the
attraction of animalJto the Minor Facility are provided'
H'Martufaeturecjhomeorrecreationaivehicieunitsequippecibyihe
manufacturerwithafiresprinklersystem,firedetectionsystem,and/or
alarm system shall be inspecied, tested' and maintained in
accordance with 2003 IFC S9O1'4 and $901'6 and as required by the
reievani tire proiection diitrict(s). smoke aiarms anci manuai fire
alarm systems shall be installed, inspected and maintained in all other
manufactured nome or recreationallvehicte units in accordance with
2003 lnternational Fire Code (lFC) S9O7'2'9 and 5907'2'10 and the
requirements of the relevant'fire protection districts'
l. Single-station carbon monoxide alarms shall be placed in each
maiufactured home or recreational vehicle unit'
One (1) or more approved fire extinguisher(s) of a type suitable for
flamma'ble liquids, combustible materials and electrical fires (class
nAC), or dry chemical, shall be located in each manufactured home or
recreational vehicle unit and placed in accordance with applicable
codes.
lnhabitants of the Minor Facility.shall be Applicant's employees and/or
subcontractors, working on ihe related commercial' industrial or
mineral extraction ope"ration, and not dependents of employees'
guests or other familY members'
Withinl0daysfo.llowingtheexpirationorotherterminationofthe
Minor permit o, ,"pr".Jrted date of removal identified within the
MinorPermit,allhousingstructures,foundationsandassociated
infrastructure shall be c"ompletely removed' The Operator shall
provide the Department wiih photos, dated and signed by the
6fut tor't Compliance Officer, indicating that all housing structures'
foundations and associated infrastructure has been removed within
the specified timeframe'
J.
K.
L.
M,NodomesticanimalsareallowedataMinorFacility.
N. A water storage tank shall be required to provide water io the sprinkler
system and iiitiat suppression activities-,The size of the water tank
shall be determined based on sprinkler calculations and initial
sr[pression demands. The size of the water storage tank shall be
OeiermineO by the relevant fire protection-district. lf the Minor Facility
is located outside the boundaries of a fire protection district' than
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Sectlon S'OZ'ZZO$e$
Each Minor Facility shall have at least one (1)water storage tank with
a minimum of 25Ob gallons of stored water for initial fire suppression,
operation of sprinkler systems (if applicable) and wild land fire
protection.
All emergency situations requiring action by any government agency
or fire pr6tection district shall be documented in writing and presented
to the irlanning Deparlment and GarJield County Sheriff's Office within
24 hours of the occurrence.
All required Access Permits shall be obtained from the Gadield
county Road and Bridge Department or the colorado Department of
Transpoftation.
The GarJield county sheriff's office and relevant fire protection
district(s) must be notified at least 24 hours prior to installation and
removal of each Minor Facility. The Department shallbe copied on all
such notification, whether hard copy or'electronic.
The operator shall maintain records identifying workers. whether
employees or sub-contractors, and documenting the dates that
each worker is housed at the Minor Facility. such records shall
be provided to the Gounty or any additional third party upon
request.
Wastewater DisPosal:
i. vault system: All vault systems shall be designed and installed
' to accommodate the maximum number of persons, identified
within the Minor Permit application, who will inhabit the Minor
Facility. ln addition, all vault systems shall be equipped with an
ovedlow alarm device. vault systems shall be designed to
accommodate a minimum of 75 gallons of wastewater per
person per day. lf a vault system is proposed or has been
' approved, the ApplicanVOperator must:
a. Demonstrate that year-round vehicular access is available
andmaintainedforSafeandregularaccessforsewage
hauling vehicles.
b. Provide a copy of the contract for hauling sewage'
c. Maintain all sewage drsposal records including but not
limited to trip logs/reports and landfill receipts as public
records, avaiiable to the County and/or any other interested
third party uPon request.
ii. lndividual sewage Disposal system (lsDS): lf an lsDS is
proposed or hai been approved, then it shall be designed,
instaled and operated to accommodate the maximum number of
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B.
C.
D
E.
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended Section s 02 2flffi;+
persons who will inhabit the Minor Facility and shall otherwise be
lperated in accordance with the Garfield County ISDS regulations
as contained in BOCC Resolution Number 1994H-136'
(8) Enforcement:
Procedures: Violations of Section 5.02.22 are subject to Section 12
andSectiong.0l'06ofthisZoningResolutionandtheprocedures
contained in this Section (8).
lnspection: The BOCC reserves the right to inspect any Minor Facility,
inciuding structures and infrastructure and any other related
improv#ents, and/or required documentation related to the Minor
Facility, through its authorized representative(s), to determine if such
are ln comptiance with this Zoning Resolution and, specifically,
Section 5.02.02, the building code and fire code; and specific
conditions of the Minor Permit. Such authorized representative(s) may
inspect lsDS systems under the county lsDS regulations (adopted by
gOCC Resolutlon 1994H-136). Any official perlorming an inspection
shall abide by all laws of search and seizure, as set forth by federal
and state stitutory and constitutional provisions, in accessing the
Minor Facility, the Fermitted Site and the subject lot. Visits to a Minor
Facility oy a tire protection district or the Gar{ield county sheriff's
Office will be reported to the Director.
Permit Revocation: All enforcement actions run with Minor Permits for
individual Minor Facilities and are not applied to AWDP's' lf it is found,
consistent with the procedure identified in section 9'01.06, that the
permitted Minor Facility was not installed in conformance with or is out
bt conformance with any of the standards established in this
Resolution, applicable building and/or fire codes or specific conditions
of the Minor Permit, the Minor Permit may be suspended or revoked
by the BOCC. The BOCC may also suspend or revoke the Minor
plrmit upon notice from a state or federal agency or a fire protection
district that said agency or district has determined that the Minor
iu.ifity is out of coripliance with that agency's 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 removal shall be provided to
the Builiing and Planning Department by 5:00 PM ol the iourteenth
(14) calen-dar day. Sucn proof shall be in the form 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
F".ifit, are each individually responsible for compliance with the
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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 fourlh (4th)
and all future MinoiPermit 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 5.02.21 of this Zoning Resolution'
The offending operator may be allowed to submit future applications
for Minor Permits for review and approval by the administraiive
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.
Definitions:
The use, during times of housing shortage, of manufactured homes and/or recreational
vehicles as reriovable housing,-utilized for a period of time not longer than one year, for
workers who are engaged in icommercial, industrial, mineral extraction or highway
operation and who are-needeO onsite for the proper execution and safety of the related
operation, including:
1. Small Facilities which house up to 6 workers on a Permitted Site, as defined in
section 2.O2.421;
Z. Minor Facilities which house 7 - 24 workers on a Permitted Site, as defined in
section 2-02.421;
3. Major Facilities which house 25 or more workers; or which house a fewer number
of workers, but are not wholly located on a Permitted Site; or which are planned
. : to be utilized for a period of time longer than one-year; or otherwise meet the
requirements of Seetion 5.A2.21 and Section 5.02'22'
Such facilities are subject to land use approval by means of either an administrative
process or a public hearing process, under the circumstances, standards and
requirements contained'in Sections 5.05.21 or 22lor 23lof this Zoning Resolution.
2.02.421 Permitted Site:
A parcel of land, generally a portion of a lot, as defined in Section 2'02'32, designated
for a commercial,-industriil, mineral extraction or highway operation for which a federal
or state permit is issued. To meet the definition of "Permitted Site", such permit must
grant the approval of the appropriate state or federal agency for the commercial,
industrial, extraction or highway activity(ies) and must require the provision o{ security
for the reclamation (including revegetation) of the site.
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€cm$*ffiHft*H
Garfield CountY
Building and Planning DePartment
Attention: David Pesnichak
108 8tn Street, Suite 401
Glenwood SPrings, CO 81601
Subject: comments on Minor Temporary Employee Housing Regulations
Dear Mr. Pesnichak:
on behalf of an oil and gas industry working group, I am providins c91t19nts on the
subject regulations in relponse to youi "*iif"r"qrest
dated August 10' 2007 ' Enclosed
you will find two alternative propos'als that reflecia tiered process as previously
proposed by this *orlrg g.rp but also incorporate many of the comments received
from the Garfield Cornti Flanning Commission during the meeting on August 8' 2007'
Proposal A, this wOrking group's preferred alternative, incorporates the use-by-right
approach for essentlrf i.itonnel that was discussed during the August 8 Planning
Commission meeting. We appreciate the insight of the Planning Commission members
and the Planning Staff in recognizing that this-approach is a reasonable and feasible
alternative for addressing housing for essential personnel' lt is important for Garfield
County to continue to re|ognize tlhat these personnel are essential to provide
coordination and supervisiJn and insure the safety of every drilling operation' Drilling
operations would *i o" possible without the round-the-clock presence of these
essential personnel. lndustry has and continues to recognize the need for notifications
to Garfield county of the presence and location of this housing and standards that must
be met for this nousinf , and the enclosed Proposal A addresses those issues with a
pro.u$ that will *e"t1h" needs of both the county and industry.
As ouilined in the enclosed Proposal A, this approach consists of the following three
tiers:
1. Section 5.02.21for those instances where more than 25 people are housed at
a single location or the other conditions outlined in Section 5.02'21 are met'
Ashasbeenstatedpreviously,thisworkinggroupagreeswiththeprocess
and standards for permittinj inis nousing t[a1 were proposed by the Planning
StaffintheirAugustl,200Tversionofthissection,
2. Section 5.02.22for those instances where between 7 and 24 people are
housed at a single location. This section addresses the administrative
process that hai been discussed previously and is consistent with the
82621% Rood
ffiO Lunction, CO 8]505
l:970.263.7800
F:970.263.7 456
EXHIBITT
Cordilleron Complionce Services' lnc'
GrondJunciion,CO'Denver,CO'Cosper'WY'Loromie'WY
Envir onme nto/ Co ns ulf in g En gineers o n d Scien tisfs
D. Pesnichak
August 17,2007
Page2
process that was discussed during the August 8 Planning commission
meeting'
3. A new Section 5.02.23for housing of essential personnel' 6 or fewer people
at a single location, This section addresses the notificatio-n process'
standards, and enforc"r"ni provisions that would be applicable to the
essential Personnel housing'
The enclosed proposal B, although not preferred bythis working group, reflects much of
the discussion that took place during inJnrgrtt 8 Planning Commission meetiry^^lli.:-
proposal also inctuJes a'three-tiered pto."tl brt retains the permit-by-notice process ln
Section S.Oz.Zzthat was previously p?oposed by this working gi::p-:"^.1f,Countv' The
primary change in the enclosed propoJ from that provided to you previously is in
regard to the notification process. The notification iequirements for the permit-by-notice
process were revtsed so inut ,tt submittals would be provided to the Planning Staff
instead of to the Garfield County t-o"ri corernmentai Designee (LGD.) This change is
to address the Planning Staff's concerns about creating a more complex and
bureaucratic Process'
we look fonrvard to continuing our discussions regarding this issue durlng the meeting
on August 22,2007. tf you have any questions or reQuire additional information in the
meantime,pleaseoonothesitatetocontactmeat9T0-263-7800.
Sincerehr,/ -/ / f/,--.// /. // '/,,/ rtl' /it i
'Doug Dennison
Associate Geologist
Enclosures - As Stated
INDUSTRY PROPOSAL A _ PREFERRED ALTERNATIVE
DRAFT
3ffir"."*utives of the naturar gas industry in Garfierd county request amending the text of the
Garfield County Zoning Resolution of 1978 to:
1. define temporary employee housing
2. amend section 3.0 to accommodate temporary employee .housing for essential
personnel, temporary employee ;;;;9, minor facilities, and temporary employee
i"rousing, major facilities, in all zoning districts
3. amend section 5.02.21to accommodate temporary employee housing with greater than
25 persons as a special use permit process
4. establish section 5.02.22 to accommodate temporary employee housing with 7-24
personnel as an administrative permit process
5.establishSectionS.oz'zStodefinetemporaryemployeehousingstandards
Definitions ^-_r:^_ o^ n^{i^ir.
ffi"iorro*,gdefinitionwouldbeaddedtoSection2.0Definitions:
Temporary employee housino: Facilities in the nature of manufactured homes [as defined under
c.R.s. 42-1-102 (106) (b)l and/or r""r"rtionut 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 ,""i"uiional purposesl for employees' contractors and/or
subcontractors, working on projects t"l;Gd commerciil' industrial or mineral extraction
operation.
(1) Temporary employee housing, essential personnel: Houses one (1) to six (6) personnel
that, by industry standards, ur" n"""r.ary to be on-site for coordination and supervision
ofthe"o,,",.iul'industrial,ormineralextractionoperation'
(2) Temporary employee housing, minor facility: houses seven (7) to twenty-four (24) or
' ' fewer individuals at any one given time'
(3) Temporary employee housing, major facility: houses twenty-five (25) or more individuals
at anY one given time'
The foilowing tanguaffiffiE;Ga/amended to section 3.0:
---- Section 3.01 Agricultural/lndustrial
?"o,1fJrrffi;i#'hou.ing, essentiar personnet (subject to meeting standards in section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requiiements of Section 5'02'22)
PAGE 1
Aucusr 17,2007
INDUSTRY PROPOSAL A_ PREFERRED ALTERNATIVE
DRAFT
Temporary emptoyee housing, major facilities (subject to review and approval per procedure
and requirements of Section 5'02'21)
-_.Section3.02Agricultural/Residential/RuralDensity
3.02.01 Uses. bv rioht
Temporary emptoye6 housing, essential personnel (subject to meeting standards in Section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5'02'22)
Temporary emptoyeE housing, maior facilities (subject to review and approval per procedure
and requiiements of Section 5'02'21)
--- Section 3'03 Residential/Limited/Surburban Density
3.03.0'1 Uses. bv riqht:
Ternporary emptoy# housing, essential personnel (subject to meeting standards in Section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and iequirements of Section 5'02'22)
3.03.03 Uses, sPecial: -
Temporary emptoyee housing, major facilities (subject to review and approval per procedure
and iequirements of Section 5'02'21)
--- Section 3.04 Residential/Limited/Urban Density
3.04.01 Uses. bv rioht:
Temporary emptoy$ housing, essential personnel (subiect to meeting standards in Section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and iequiiements of Section 5'02'22)
3.04.03 Uses. sPecial: -
Temporary *rptoyfi housing, major facilities (subject to review and approval per procedure
and iequiiements of Section 5'02'21)
-- Section 3.05 Residential/General/Suburban Density
3.05.01 Uses. bv riqht:
Temporary emptolffi housing, essential personnel (subject to meeting standards in Section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and iequirements of Section 5'02'22)
Aucusr 17,2007
Pacs 2
INDUSTRY PROPOSAL A- PREFERRED ALTERNATIVE
DRAFT
3.05.03 Uses, sPecial:
Temporary emptoye6 housing, major facilities (subject to review and approval per procedure
and requirements of Section 5'02.21)
.-- Section 3.06 Residential/General/Urban Density
3.06.01 Uses. bv rioht:
Temporary emptoye] housing, essential personnel (subject to meeting standards in Section
5.02.23).
Temporary employee housing, mlnor facilities (subject to review and approval per procedure
and requirements of Section 5.02'22)
3.06.03 Uses, sPecial:
Temporary emptoyeE housing, major facilities (subject to review and approval per procedure
and requirements of Section 5-02'21)
--- Section 3.07 Gommercial/Limited
3.07.01 Uses. bv riqht:
Temporary emptoyee housing, essential personnel (subject to meeting standards in section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02'22)
3.07.03 Uses, sPecial: ,
Temporary emptoy$ housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02'21)
--- Section 3'08 Commercial/General
3.08.01 Uses, bY riqht:
Temporary emptoyfi housing, essential personnel (subiect to meeting standards in Section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5'02'22)
3.08.03 Uses, sPecial:
Temporary emptoyee housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02.21)
----3.09 OPen/SPace
3.09.01 Uses. bv riqht:
Temporary emptoyEe housing, essential personnel (subject to meeting standards in Section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5'02.22)
AUGUST 17,2007
P,qcr 3
INDUSTRY PROPOSAL A_ PREFERRED ALTERNATIVE
DRAFT
3.09.03 Uses, sPecial: -
Temporary emptoyee housing, major facilities (subject to review and approval per procedure
and iequiiements of Section 5'02'21)
----3. 1 0 Resourcb/Lands
3.10.01 Plateau:
ffiryr*@"*proyee housing, essentiar personner (subject to meeting standards in section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and iequiiements of Section 5'02'22)
P".,ooo",ployeehousing,majorfacilities(subjecttoreviewandapprovalperprocedure
and iequiiements of Section 5'02'21)
3.1O.O2 EscarPment:
Hffi;ployeehousing,essentialpersonnel(subjecttomeetingstandardsinSection
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requiiements of Section 5'02'22)
m"*ployeehousing,majorfacilities(subjecttoreviewandapprovalperprocedure
and requiiements of Section 5'02'21)
3.'10.03 Talus SloPes:
ffilM*ployee housing, essential personnel (subject to meeting standards in Section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and iequliements of Section 5'02'22)
m"*ployeehousing,majorfacilities(subjecttoreviewandapprovalperprocedure
and iequiiements of Section 5'02'21)
PAGE 4
Aucusr 17,2007
INDUSTRY PROPOS,q,L A - PREFERRED ALTERNATI\.E
DRAFT
3.10.04 Gentle slopes and lower valley floor:
Uses, bY riqht:
Temporary employee housing, essential personnel (subject to meeting standards in Section
5.02.23).
Temporary employee housing, ml19r facilities (subject to review and approval per procedure
and iequiiements of Section 5'02'22)
ffi.@"*, *",ployee housing, major facilities (subject to review and approval per procedure
and iequirements of Section 5'02'21)
----3.1 1 Residential'Mobile Home/General/Urban Density
Temporary emptoyfi housing, essential personnel (subject to meeting standards in Section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and iequirements of Section 5'02'22)
3.11.03 Uses, soecial: -
Temporary emptoyee housing, major facilities (subject to review and approval per procedure
and iequiiements of Section 5'02'21)
----3.1 2 LighUl ndustriat
3.12.015 Temporary employee housing, essential personnel (subject to meeting standards in
Section 5.02.23).
3.l2.0l6Temporaryemployeehousing,milg.rfacilities(subjecttoreviewandapprovalper
procedure and requirements of Section 5'02'22)
3.12.03 Uses. sPecial: -
Temporary emptoffi housing, major facilities (subiect to review and approval per procedure
and requiiements of Section 5'02'21)
----3.1 3 Public AirPort
3.13.01 Uses, bv riqht:
Temporary employee housing, essential personnel (subject to meeting standards in section
5.02.23).
Temporary employee housing, ,lryr facilities (subject to review and approval per procedure
and iequirements of Section 5'02'22)
3.13.04 Uses, special:
Temporary employee housing, T?i9, facilities (subject to review and approval per procedure
and iequiiements of Section 5'02'21)
AuGUST 17,1,007
PAGE 5
INDUSTRY PROPOSAL A _ PREFERRED ALTERNATI\ts
DRAFT
----3.'l 4 Drinking Water Constraint
i;h-,r}ai*ir*"*e housing, essentiat personnel (subject to meeting standards in section
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requiiements of Section 5'02'22)
?J*r%"rffim' hourins,_ Tgi?, facirities (subject to review and approvar per procedure
and iequiiements of Section 5'02'21)
----3.1 5 Commercial Drinking Water Constraint
+JffJ',ffi.ho,,ing,essentialpersonnel(subjecttomeetingstandardsinSection
5.02.23).
Temporary employee housing, minor facilities (subject to review and approval per procedure
anO iequiiements of Section 5'02'22)
3.'1 5.03 Uses, sPecial:
i"*poraryEnproy"e housing, major facilities
and requiiements of Section 5'02'21)
(subject to review and approval per procedure
s.o2.21- specia! Use permits for Major Temporary Employee Housing Facilities
lndustry agrees with the draft regulations for Major Temporary Employee Housing Facilities'
dated 08/0'1/07.
Pacr 6
5.02.22- Administrative Permits for Minor Temporary Employee Housing Facilities
(1)MinorTemporaryEmployg",l:Y:ingFacilitiesinthenatureofmanufacturedhomes[as
defined under c.R.s. 42-1-102 (106Y) (b)l andior recreational vehicles [as defined under
c.R.S. 42-1-102 (61), with tne aooititn that such truck' truck tractor' motor home or
camper trailer is being useO for teilloiary tlvrng quarters and not recreational purposesl
may be granted for projects witnin 6a.fre1O Colniy related to commercial' industrial and
mrneral extraction in any zone- dirtri"t by ine Planning Director through the
Administraiive Permit processes. su"n nouting shall be of a temporary nature' and at
the expiration of the permit, all- housing itructures' foundations and associated
infrastructure shall be complet"ty l"*ou"d. Such facilities are subject to all applicable
buildingcode,stateandfederalp"rritrequirements'fireprotectiondistrictrequirements
and fire code requirements. rvrinoiiempoiary Employee Housing Facilities shall have all
of the following basic characteristics:
Aucusr 17,2007
INDUSTRY PROPOSAL A - PREFERRED ALTERNATIVE
DRAFT
i.TheMinorTemporaryEmployeeHousingFacilityand,l{associated
infrastructure (including lsDsi;ust oe _cglqtlely contained,.within a State or
Federaily regulated parcel i;;;-;; , cocgc regulated oil/gas well pad) in
which reclamation uno ."u"'J"tution standards are-guaranteed by contract with
the permitting agency (Permitted Site); and'
ii. The Minor Facility is located at the permitted site for less than a cumulative
timeframe of one (1) Year; and'
iii. The Minor Facility houses between seven (7) and twenty-four (24) individuals at
any one given time'
Temporary employee housing facilities that do not have the three characteristics listed
above, i'e., twenty.five (25) or more individuals at any one time, on location for more
thanacumulativetimeframeofone(1)yearor,.notcolgtele.tv-Y3.n"owitha
permitted Site, i.e., "Major Facilities;, Lr" iuOj"ct to the special use review process and
standards and requirements conlaineO in Section 5'02'21 and the enforcement
provisions of Section 12 and Section 9'01'06'
Temporary employee housing facilities that are completely contained within a permitted
site, will be on location for a cumuiativetimetrame of one (1) year or less' and have six
(6) or less individuals at one time aie allowed in all zoning Oiitiicts as a use-bY-right and
are subject to the process unJ ttrnOrrds contain"d in Section 5'02'23 and the
enforcement piovislons of Section 12 of the Zoning Resolution'
(2) General Minor Permit Application Requirements:-The Applicant shall submit an
application, on u fo6 provided OV'in" AJilJi;g and Planning Department (Department)
and be issued a Minor permit bi ih; -oii".toi prior to comhencing installation of the
Minor FacilitY.
A.MinorPermitandAreaWideDevelopmentPlan(AWDP):EachMinorFacility
application shall be reviewed by the Director and an administrative determination
made, in accordance witn tne'pio""=. and timeframes outlined in section (5)'
below.TheApplicant,nowever,maychoosetoapplyforan.AWDPconsistingof
muttiple Minor Facitities i; ;;'JeuLtop"o within an identified amount of time'
using an accelerated administrative process, following approval of an AwDP'
leading to muttiple f,rfinor'p"i.iti. lpproval of an nWDp, however' does not
guarantee approval of each tttino|. Permit' Administrative review is required for
permittingofeachnltinor-permitFacility,inaccordancewiththeprocessand
timelineJcontained in Section (5)' below'
B. ldentity of Applicant. The Applicant for a Minor Permit or for approval of an
AWDPmustbetheowner'ofthesurfaceestateofthesubjectlot(owner)'
consistent with Section g of this Zoning Resolution' lf a representative is acting
on behalf of the owner, un ,.xno*redleme-nt from the owner shall be included
with the apptication "uu*ii"r" ,."quired'oy Sections (3) and (4), below' such an
acknowledgment may oe in the form of a tetter. of authorityiagency or a lease,
surfaceuseagreementor'i,lr,'.documentoflegaleffectdemonstratingthatthe
Owner has given tn" ,."pl"r"ntrt'r" permissiori to use the surface estate for
installation.of one o, ,5r" Minor Facilities' The representative may be the
PAGE 7
AUGUST 17,2007
INDUSTRY PROPOSAL A _ PREFERRED ALTERNATIVE
DRAFT
operatoroftheMinorFacility(ies)(operator),alanduseplanner,engineer,
consutiant or any other type of iutnorized representative/agent'
c. Public Notice: At the time of submittal of an application for a Minor Permit or
approvalofanAWDP,thenpploaltshalldemonstratethatnoticewasmailedto
adjacent property owners *llriin 2oo feet of the subject lot, as identified in the
Garfield County Arrer.orls'ne.oras; the Owner (unless the Owner is the
Applicant and is not represented); and separated mineral estate owners' as
identified in the recoros of tne Carrieto county Clerk and Recorder. Public Notice
shallincludeataminimum:nameoftheApplicantand.representative(if
different), descriptioni.up of the subject lot witn proposed location of Minor
Facility(ies),generaldescriptionofthe-grololgdMinorFacility(ies),explanation
of the reconsideration procJss, ouif in"O in Section 7' below' with the timeframe to
request reconsideration of tn"'Oii""tor's decision and contact information for the
DePartment
D'TheapplicationmustalsoincludethesubmittalsrequiredbySections3and4,
below.
(3) Submittal Requirements for an, AWDP: At a minimum, the Applicant for approval of an
AWDP, ,rong-;ih tne suomittals listed in Section 2, above, shall submit:
A. A master map/site plan in accordance with section 4(H]' n9!9*'.identifying the
proposed location anO anticrpaleJ tayout.for all Minoi Facilities to be installed
within the AWDp. site speciiii, surv'eyed maps depicting the, location of each
Minor Facility, located *itfun tf'e p"rritt"d Siie within the subject lot' shall be
submittedwitheachindividuatMinorPermitapplicationandnotwiththe
application for approval of an AWDP'
B.Themastermap/siteplanshallincludealistoftheanticipateddatesof
insta,ation and removat fo; ;;.h Minor. Facility. The lisl shall. also include the
estimated total cumurutirrl' Lngtn of time (number of days) that the Minor
Facilities are anticipated to be initatted at the proposed location.
c.sign-offsfromtheGarfieldcountysheniffsoffice'relevantfireprotection
district(s), and Garfield countv auirJing oepartment consistent with Section (4) A
and B, below.
D. A legible photo of the state or federal .,certifying stamp', fo1.e1c|r housing unit
anticipated to be used *itnin tn" nwop ano'oeilonstration that each proposed
unit meets current building "oo"
uno Garfield county fire code requirements'
E. A general description of infrastructure and services listed in Section (4) C - E'
betow. The detail requireJ at the time of application lgr-" Minor Permit is not
required rt tn" ti*" oi application for approval of an AWDP'
F.Proofthatrequiredpublicnoticinghasbeenperformedinaccordancewith
Section 2(C), above'
AssumingapprovaloftheAWDP,followingthetimeframeforreconsiderationdetailedin
AUGUST I7,2OO7
Pnce 8
(4)
C.
H. Site Plan: The Applicant shall submit
Aucusr 17,2007
INDUSTRY PROPOSAL A - PREFERRED ALTERNATIVE
DRAFT
section (6) below. The Applicant ma.y proceed to submit individual applications for the
Minor Facilities proposed within tnu iWOp,- in accordance with the submittal
requirements, stanoJrds, administrative review process and timeframes and the
reconsideration procesi anO timeframes, siated in Sectio.ns 4 ' 7 ' below' However'
Minor Permit apptications submitted unoer an approved lwDP do not require that the
i"qrr"*unts oi bection i (a) ano (C)' above be completed again'
submittals for Minor i;it,'inctuoing Mi;;; permit application for which an AWDP was
previouslY aPProved:
Sign-offs: review from the Garfield County Sheriffs office and relevant fire
protection district(s). lf an AWDP *" pi"uiously approved in accordance with
section (3), above, tne lpplicant for a rvrinor Permit need not resubmit the sign-
offs.
Sign.off:reviewfromtheGarfieldCountyBuildingDepartmentofthestateor
federal "certifying stamp" for each housing unit proposed for use and
demonstration that each proposed housing unit"meets-cit].Tt building code and
fire code requiremenis.' lf 'an AWDP his been previously approved which
includestheMinorFacilitypresentlyoeingpermittld.,ll:Applicantshallidentify
the housing units wnicn ,iriri o" used at t'ti"'winol. Facility from the list approved
as apart of the AWDP'
Generaldescriptionofthewatersystemplannedforpotablewater,alongwith
detailsregardingnumberandriolumeofpotable-water.tanks,sourceofwater,
name of hauler, hauler,s Colorado Department of Public Health and Environment
(CDPHE)registrationnumberandcopyofh.auler's'CDPHEcertification,
frequency of oetivery, anJ catculation oi'water demand and demonstration of
adequate caPacitY.
A general description of the system planned for collection and storage of sewage
and wastewaier, along with details r"gurJing number and. volume of sewage and
wastewater vaults, nr"rn" of hauler, frequeniy of pickup, .identification of sewage
disposalsite,calculationofSewageanowastewatertreatmentdemandand
demonstration ot aiei'ulte stoiage Ind/or treatment capacity'
A general description of the system planned for collection and disposal of refuse'
atong with detatts 6j,.6;il [fu." collection, including number' type and volume
of containers; name-of hau'ier; frequency of collection; and identification of refuse
disposal site'
A list of adjacent surface owners within 200 feet of the subject lot (not only the
permitted Site), as ideniiti"O in the Garfield County Assessor's records' and a list
of separateO minerai estate owners in thliubject lot, as identified in the Garfield
County Clerk and Recorders records'
D.
E.
F.
B.
G.AlistofthefinaldatesofinstallationandremovaloftheMinorFacilityanda
representation oi the total "u,nurriiu"
length of time (number of days) that the
Minor Facility will be installed at the proposed location'
an adequate site plan, consistent with
PAGE 9
J.
t.
INOUSTRY PROPOSAL A - PREFERRED ALTERNATIVE
DRAFT
section 9.01.0'1 of this Zoning Resolution and the requirements listed below:
i.Avicinitymapindicatingthesectiorr'.township'andrang.eofthesubjectlot
and the tocation ;i Md,. iacility witirin the subject lot and the Permitted Site;
general relation to .uriornoinj public roads, private roads, adjacent utility
systems, resioenilt-J"rurop,,.'6ni, other activeiy permitted Minor and Major
Facilities, natural drainage courses anJ municip'iitiet within one (1) mile of
the proposeo lvinoi i"Jitity; north arrow and scale; GPS coordinates and
current surface ownership of the subject lot' The.vicinity '9P" 1111'b"
presented on a USGS 7.5 minute series,quadrangle at a scale of 1',=2000'or
equivalent.
ii.SurveyedlayoutoftheproposedMinorFacilitywithinthesurveyed
boundaries of the permitted site, incruding at a minimum: sewage and
wastewaterdisposal,trashreceptacles,potablewaterstorage,allother
associated infrastriture and all oiher equipment located within the Permitted
Site.
iii.ldentificationoftheprivateandpublicroadwaysaccessingeachMinor
Facility. noaO*ays sfi"ff U" marked as open, gaied, and/or locked (include
combinations).Detaileddirections,withmileage,shallbegivenfromthe
nearest town within Garfield County, nearest oirrieto County sheriffs office
dispatch tocation ano responsible-fire district headquarters to each Minor
FacilitY, along each roadwaY'
iv.Name,addressandphonenumberofsurfaceownerofthesubjectlot.
V'Name,addressandphonenumber,includinga24-houremergencyresponse
number of at least two persons resfonsibt! tor Operator's emergency field
operations; "ont,"t numbers for local hospitals, emergency response, fire
protection oirttilli, Oitfi"ro County-sneriif's Office' Life/Care Flight' and
applicabte ,"grli;.y-"gencies; site safety/evacuation plan, and any other
written ,"rpon." pLn foi potentiat emergencies at the Permitted site'
vi. ldentification of the final dates of installation and removal of the Minor Facility'
The site ptan snatt include a notation of the total cumulative length of time
(number of days)that the Minor Facility will be installed at the Permitted site'
The name, title, address, phone number and email address of the operator,s
employee or other iutnorizea representative who is in charge of ensuring that the
Minor Facility is in compliance with the standards outlined in Section 5'02'22
("Operator's Compliance Officer")'
Aform,providedbytheDepartment.andsignedbythe'operator,sCompliance
Officer, indicating i'nui tn" Mino1. Facility witine installed.in accordance with all
applicable Garfieto County, reteuant fire'district, state and federal regulations'
Aucusr 17,2007
PAGE 1O
INDUSTRY PROPOS,U A - PREFERRED ALTERNATIVE
DRAFT
K'Aform,providedbytheDepartmentand.signedbytheoperator,sCompliance
Officer, indicating tnat tne-Operator subniits to the enforcement provisions
identified within Section (8)' below'
L.Acopyofthepermitfrom,orpermitapplicationto,thestateorfederalagency,
regulating the permitted site, iJentifying the location, conditions of approval, time
period for which tne permii is valrd ind the parameters for reclamation and
revegetation of the Minor-Facility once the state or federal permit for the
permitted site has expired or is othenvise terminated. lf a permit application is
submitted with the minor aJministrative permit submittal' approval of the permit
bytheapplicablestateorteoeratagencyisrequiredpriortoinstallationofthe
minor facilitY'
(5) Timeframe of Permit Review and Determination:
A. Upon submittal of an application for a Minor Permit or for approval of an AWDP
to the Department, a tecnn-icaiiomptiance check shall be completed and notice
of compliance or non-corprir* fgnt. tl the Applicant by the Director within
fourteen (.14) calendar oays of submittal. once an application for a,Minor Permit
or AWDP is deemed technically compliant by the Director' the Director shall
issue a determination of "pptoual'
approval with conditions or denial within
fourteen (14) calendar dry. following the date of technical compliance
determination. Failure by i;" Planning birector 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 tnis-loning Resolution, the Director shall approve the
appltcation for a Minor p"irii rni i..u" 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,theapplicationmaybeapprovedwithappropriatereasonable
conditions imposed to avoio o|. ,iniri=" ihe significant adverse impacts of the
Minor Facility(ies). Such .onOition, may includel but are not necessarily limited
to, the relocation o|. nlooiti"ulion or proposed access roads' facilities (including
water and sewer facitities;, oi-ttructui"s; landscaping, buffering'.or screening; or
any other measures n"""irrry to mitigate any significant impact on surrounding
ProPerties and infrastructure'
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, ihe Directoi shall deny the Minor Permit or application
for aPProval of an AWDP'
(6)ReconsiderationHearingforPermit:oncetheDirectorissuesadeterminationonthe
application tne Oeterminltion snati not be final for fourteen (14) calendar days after the
date of the determination in oro"i io "tto* time for the applicant, adjacent property
owners within 200' of tne suulect tot, and/or the .Board "f^c91!tl commissioners
(BOCC) to retonsider the determination made by the Director' The Director's
determination shall become rinai onrv att"r the expiration of this fourteen (1a) calendar
Aucusr 17,2007
PAGE 1 1
INDUSTRY PROPOSAL A_ PREFERRED ALTERNATIVE
DRAFT
day period, and only if the determination is not reviewed and acted upon by the BOCC at
a subsequent reconsideration hearing'
A.RequestbyApplicantorAdjacentPropertyownerforReconsiderationof
Decision.
i.WrittenRequest.TheApplicantand/oranadjacentpropertyownerwithin
200' of the subject tot, aggi[ved by the Director's decision may request
reconsioeltion'ov tne gdcC uy means of a written request filed with the
Department within the fourteen (14) day period of time'
ii.SchedulePublicHearing.ApublichearingbytheBoccshallbeheldatthe
next available BOCC'S ruflJuify scneJuteO meeting date in which all
."q, i r"o"pr]J,. puul ir*tici ng" can iake place (Reconsideration Hearing )'
iii. Notice by Publication. At least thirty (30) calendar days prior to the date of
the scheduled Reconsideration Hlaring, the aggrieved party shall have
publisheJa notice of public hearing in a newspaper of general circulation in
the area in which the proposed Mirior Facility or AWDP is located'
iv. Notice to Adjacent Property owners. At least thirty (30) calendar days prior
to the date of the scheduled Reconsideration Hearing, the aggrieved party
snarr sJnJov ."rtiriuo mail, return receipt requested, a written notice of the
public hearing to the owners of record oi all adjacent property within 200' of
tne suU;Lct toi. tne notice snait inctuOe a vicinity map, the-legal description
of the subject lot, a short *rirtiu" describing the Minor Facility or AWDP'
andanannouncementoftneoate,timeandlocationofthescheduled
Reconsideration Hearing'
v. BOCC Decision. The BOCC shall conduct the Reconsideration Hearing
ano, oaseJ ,pon the evidence received at the hearing, the Board may
uphold the Directofs Oecision, modify the decision or reverse the decision'
based ,p". "rrpliance
or tnl froposeo Mingr Facility or AWDP with the
regutat;ns contained in tnii zoning Resolution and, specifically, section
5.02.22.
B.Call-upbyBoard'Withinfourteen(14)calendardaysofthedateofreceiptof
notice of the Director,s decision, in"'aocc may at its discretion, decide to
reconsider the Directo/s decision'ri tn" next regularly scheduled meeting of the
BOCC fo|" *f'Lfi p.p"' notice of hearing can be accomplished'
i. Call-up Vote. The BOCC shall consider the call-up requ_est, by. one or more
commissioners, at tne nextlegrtar ,""ting of the BOCC and set a public
hearing by a majority vote oi"tn" BOCC in favor of the Reconsideration
Hearing.
ii. Notice by Publication. At least thirty (30) calendar days prior to the date of the
scheduled Reconsideration iearing'u"ior" the BOCC, the Director shall have
publisheJ a notice of public hearing in a newspaper of general circulation in
theareainwhichtheproposedMinorFacilityorAWDPislocated.
PAGE 12
AUGUST 17,2007
A.
B.
D.
E.
INOUSTNY PROPOSAL A - PREFERRED ALTERNATI\TE
DRAFT
Notice to Adjacent Property owners. At.least thirty (30) calendar days prior to
the date of the schedr[J n".onsideration Hearing, the Director shall send by
certified mail, return'il""ipt t"quested, a written notice of the public hearing
totheownersofrecordofalladjacentpropertywithin200feetofthesubject
lot. The notice shall include a viiinity map, the legal description of the subject
lot, a short narr"tir" describing the Minor Permit or AWDP' and an
announcement of the date, lime and location of the scheduled
Reconsideration Hearing.
Decision by BOCC. The BOCC shall conduct the Reconsideration Hearing
and, based upon the ",i0"n"" received at the hearing, the Board may uphold
the Director,s Oecisio-n, ;;Jtfy the decision or reveise the decision, based
upon comptiance oti-n" piopoi"O Minor Facility or AWDP with the regulations
contained in this Z";i;g"i;;otution and, specifically, Section 5.02'22'
(7)Facilities shall adhere to the following Minor Permit standards:
C.
Minor Facilities must comply with all applicable federal, state and local laws and
regulations.
operatormustkeepandmaintainappropriaterecords,tobeprovidedtothe
Countyoranyinterestedthirdpartyupon.uq,ust,todemonstratethatpotable
water supplied ,nO ie*ag" and wistewater meet the representations contained
*itnln the application, as required by Section 4 above'
lnnocaseshallunsafewaterbeusedfordrinkingnorshallrawsewageor
contaminated water be discharged on the ground iurface' The operator shall
conduct monthty tests (or quarterly it an on-ilte disinfection system- is installed)
and maintain ,e"orJs of sioreo potable water samples specific for coli form
bacteria. Any tests indicating coli form contamination must be disclosed to the
Gaffield county aorrJ oi HJa[h or designee within 72 hours from the time the
contaminated water was tested'
Minor Facilities shall be maintained in a clean, safe and sanitary condition' free of
weedsandrefuse'Anyhazardousornoxiousmaterialsthatmustbestoredat
theMinorFacilityforoperationalorsecurityreasonsmustbemanagedin
accordance with all ,ppr|caor" federal, state and local laws and regulations'
At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container or
equivalent shall be dt"tiiO"O for each manufactured home or recreational vehicle
unit. said containL-r1s)-must be durable, washable, non-absorbent metal or
plastic with tight-fitting lids'
Refuseshallbedisposedofweekly,ataminimum.operatorsmustkeep
appropriate l.""or0.,-io be provided to- the County or any interested third party
upon request, to iemon.lrrt" that refuse is colllcted in a timely fashion and
disposed of at a licensed facility'
AUGUST 17,2007
Pa,cr 13
F.
K.
M.
N.
o.
H.
J.
G.
INOUSTRY PROPOSAL A _ PREFERRED ALTERNATIVE
DRAFT
outdoor food storage is prohibited unless facilities that prevent the attraction of
animals to the Minor Facility are provided'
Manufactured home or recreational vehicle units equipped by the manufacturer
with a fire sprinkle'.y.t",, fire detection system, and/oralarm system shall be
inspected, tested, and maintained in accordance with 2003 IFC 5901'4 and
Sgdi.6 ,;O u" ,"quir"i by the relevant.fire protection district(s)' Smoke alarms
and manual fire atarm-tyti"*i shall be instailed, inspected and maintained in all
other manufactured home or recreational vehicle units in accordance with 2003
tnternational Fire Code 1;fC) 5907.2.9 and $907.2.10 and the requirements of
the relevant fire protection districts'
single-station carbon monoxide alarms shall be placed in each manufactured
home or recreational vehicle unit'
one(1)ormoreapprovedfireextinguisher(s)ofatype.suitableforflammable
liquids, combustible materials and eleltrical iires (Class ABC), carbon dioxide or
dry chemical, shall be located in each manufactured home or recreational vehicle
unit anO placed in accordance with applicable codes'
lnhabitants of the Minor Facility shall be Applicant's employees, contractors
and/or subcontractors, working on the related commercial, industrial or mineral
extractionoperation,andnotdependentsofemployees,guestsorotherfamily
members.
within ten (10) days following the expiration or other termination of the Minor
Permit or represented date of removal identified within the Minor Permit' all
housing structures, foundations and associated infrastructure shall be completely
removed. The operator shall provide the Department with photos, dated and
signed by the op"irtor,, comptiance officer, indicating that all housing
structures, founOatLns and associated infrastructure has been removed within
the specifi ed timeframe.
No domestic animals are allowed at a Minor Facility'
A water storage tank shall be required to provide water to the sprinkler system
and initial suppression activities. The size of the water tank shall be determined
based on sprinkler calculations and initial suppression demands' The size of the
water storage tanr snaLt be determined by the relevant fire protection district' lf
the Minor Facility is located outside the toundaries of a fire protection dis-trict'
then each Minor raciiity shall have at least one ('l) water storage tank with a
minimum of 2500 gulr;r tf stored water for initial'fire suppression, operation of
$ri;kt",- systems ('if appticable) and witd tand fire protection.
Allemergencysituationsrequiringactionbyanygovernmentagencyorfire
protection district rnrff U" documented in wriiing and presented to the Planning
Department anO
-CarfietO
County Sheriffs Otfice within 24 hours of the
occurrence.
Aucusr 17,2007
PAGE 14
INDUSTRY PNOPOSAI A - PREFERRED ALTERNATIVE
DRAFT
p. Alt required Access permits shall be obtained from the Garfield County Road and
BridgeoepartmentortheColoradoDepartmentofTransportation.
O. The Garfield County Sheriffs Office and relevant fire protection di-strict(s) must
be notified at least 24 houis prior to installation and removal of each Minor
Facility. The Departr"nt snatt [e copieO on all such notification' whether hard
coPY or electronic.
R. Wastewater DisPosal:
i'VaultSystem:Allvaultsystemsshallbedesignedandinstalledto
accommodate the maximum'number of persons, identified within the Minor
permit application, who will inhabit the Minor Facility. ln addition, all vault
systems si^rall be equipped with an overflow alarm device' Vault systems shall
be designed to accommodate a minimum of 75 gallons of wastewater per
person per day. lf a vault system is proposed oi has been approved, the
APPI icanUOPerator must:
a.Demonstratethatyear-roundvehicularaccessisavailableand
maintainedforsafeandregularaccessforsewagehaulingvehicles.
b. Provide a copy of the contract for hauling sewage'
c. Maintain all sewage disposal records including but not limited to trip
iotilr"portr anO tanOfiti receipts as public records, available to the County
u,iOlot'rny other interested third party upon request'
ii.lndividualsewageDisposalsystem(ISDS):lfanlsDs.isproposedorhas
been approved, then it snit be designed, installed and operated to
accommodate the maximum number of fersons who will inhabit the Minor
fJit, ,.0 shall otherw'rse Oe operated in accordance with the Garfield
c";;ti lsDS regulations as contained in BOCC Resolution Number 1994H-
1 36.
(B) Enforcement, Violations and Penalties:
A. lnspection: The BOCC reserves the right to inspect any Minor Facility' including
structures and infrastructure and any 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
Resolution and, specifically, s""tion 5,02.02;the building code and fire code; and
specific conditions of the'Minor Permit. Such authorized representative(s) may
inspect ISDS syste*s unOer ihe County ISDS regulations (adopted by BOCC
Resotution 1994H-136) Any ofi.irt periorming an inspectlon shall abide by all
laws of search and seizure, as set'forth by federal and state statutory and
constiiutional provisiont, in ,c.".sing the Mtnor Facility, the Permitted Site and
the subject lot. visits to , rvrinoi Facility by a fire protection district or the Garfield
CountySheriffsofficewillbereportedtotheDirector,
Aucusr 17,2007
PAGE 15
B.
C.
D.
E.
INOUSTRY PROPOSAL A _ PREFERRED ALTERNATIVE
DRAFT
Permit Revocation: All enforcement actions run with Minor Permits for individual
Minor Facilities and are not applied to Administrative Permit AWDP',s' lf it is
found, consistent with the procedure identified in section 9'01'06 in this Zoning
Resolution, that the pet*iit"O Minor Facility was not installed in conformance
with or is out of conformance with uny oi the standards. established in this
Resolution, appricaoje uuiroing and/or fire codes or specific conditions of the
Minor permit, the permit holdJr shall be notified of the nonconformance by the
Director and, oepenJing ,pon the severity of tlrg noncompliance'- the Minor
permit may be ,rrp"nJEo or revoked by the BOCC. lf the nonconformance is
for improper electricai, water, or septic installation, the applicant shall have 24
hours to correct the nonconformance unless a longer timeframe is specified in
the written notice. lf the applicant fails to correct the nonconformance within the
specified timeframe, inl ippricant may be subject to permit revocation. Any
nonconformance that poses an lmmlnent and significant thre-at to the health and
safety of emptoye"t oi tn" public or to the environment shall result in the facility
permit being immeoiaterv revoked by the Garfield county Planning Director' The
BOCC may also ,rtp"ni o,. revoke'the lvlinor Permit upon notice from a state or
federal agency or
-5-tiL
protection district that said agency or district has
determined that the Minor Facility is out of compliance with that agency's or
district,s regulations. lf a Minor peimit is revoked, the previously permitted Minor
Facility shall be immediately vacated and any installed structures and
infrastructure shall be removed within the fourteen (1a) calendar days following
the date of revocation. proof of removal shall be provided to the Building and
planning Department by 5:00 PIt/ on.the fourteenth (14) calendar day' Such
proof shall be in the ior* 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 tor approval of a Minor Facility at the same location shall be processed
as a new aPPlication.
Liability: The operator of the Minor Facility is responsible.for compliance with the
regulations containeJ in this Zoning Resoiution and, specifically, Section 5'02'22'
Three(3)RevokedPermits:Uponrevocationofthree.(3)MinorPermits,the
Building and Ptanning-Oiiector'shall refer the fourth 14th) and all future Minor
permit apptications by tdoffending operator to ihe.BOCC. The Bocc shall
review such applications as a request for a Special Use Permit, in accordance
with the Major Facility 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 ,no ,pproval by the administrative process contained in
Section 5.02.22, rather than review ln accordance with the Special Use Permit
pro."ir contained in Section 5.02.21, upon the written request of the operator
and only at the BOCC's sole discretion'
F.
PAGE 16
AuGUsr 17,2007
A,
B.
(1)
(2)
INDUSTRY PROPOSAL A - PREFERRED ALTERNATIVE
DRAFT
Temporary Employee Housing for Essential Personnel
ln addition to regulations contained elsewhere in this Resolution, the use of temporary
employee housing, "srentLr
personnel shall be governed by these regulations:
General
TemporaryEmployeeHousingFaci|itiesinthenatureofmanufacturedhomes[as
defined under C.R.S. 42-1-102 (106, (b)j and/or recreational vehicles [as defined
under c.R.s. 42-1-102 (61), with tne aooition that such truck, truck tractor', motor
home or camper trailei if nelng used for temporary living quarters and not
recreational purposesl for projects *itnt Garfield county related to- co.mmercial'
industrial and mineral extraction in any zone. Such housing shall be-of a,temporary
nature, and at the expiration of the operation, all housing stiuctures' foundations and
associated infrastructure shall be completely removed' Such facilities are subject to
all applicable building code, state ,n'O t"OLtul permit requirements' fire protection
districi requirements and fire code requirements'
Temporary Employee Housing, Essential Personnel shall have all of the following
basic characteristics:
i'Housingandanyassociatedinfrastructure(includinglsDS)mustbe
.orpf"i"f, containeO witnin-a State or Federally regulated. parcel (such
u, ,.cobcc regulated oil/gas well pad) in which reclamation and
|."u"g"tulion staniards ur"-gr""rrnteed by contract with the permitting
agency (Permitted Site); and'
ii.Housingislocatedatthepermittedsiteforlessthanacumulative
timeframe of one (1) Year; and'
iii.Housinghousessix(6)orfeweressentialpersonnelatanyonegiven
time.
Notifications
A. The applicant shall notify Garfield County of its intent to provide temporary
employee housing by submitti;t " 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 Garfield county Planning
Director, Garfield county sheriffs office, and relevant fire protection district(s) a
minimum "; i;; (i o) olvs prior to insrallation at a site. The content of this
submittal is defined below'
i.Avicinitymapindicatingthesection,township,andrangeofthepermitsite
location; general relation to suriounOing public roads, private roads' adjacent
utitity sys'timi, resiOential devetopr"-ni, tn" applicant's actively permitted
MinorandMajorTemporaryEmployeeHousing,natura-ldrain.agecourses
and municipatities within onl ilhirl of the permitteo site; north arrow and
scale;GPScoordinates;and.currentsurfaceownershiponaUSGST.5
minute series quadrangle at a scale of 1"=2000''
5.02.23
AuGUsr 17,2007
PAGE 17
il.
ilt.
viii.
ix.
xi.
xil.
INDUSTRY PROPOSAL A - PREFERRED ALTERNATIVE
DRAFT
Identifyprivateandpublicroadwaysaccessingthearea;markedaSopen,
gu1"d,'ui1Otor lockedJrnO O"trit"d 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 surface owner(s).
provide name, address and phone number, including a 24-hour emergency
|.".pon.u number of at least two persons responsible for emergency field
operations; contact numbers for local hospitals, emergency response, fire
o!purtruni, sheriff, Life Flight, and applicable regulatory agencies; site
safety/evacuation plan; anJ written response plan fo.' the potential
emergencies that ,"y o" associated with drilling and completion operations
at a well location.
A description of the water system used to provide and store-potable water to
p"rronnbt. lnclude number and volume oi tanks; Source of water; name of
lauler; hauler's Colorado Department of Public Health and Environment
(COpff f) registration number and copy of certification; frequency of delivery;
and calculation of water demand and demonstration of adequate capacity'
Adescriptionofthesystemusedtocollectanddisposeofsewageand
wastewaier. lnclude number and volume of vaults; name of hauler; frequency
of pickup; sewage disposal site; and calculation of sewage and wastewater
treatment demand und d"ronstration of adequate storage and/or treatment
capacity.
A description of the system used to collect and dispose of refuse. lnclude
nu,b",,typeanduol,,"ofcontainers;nameofhauler;frequencyof
collection; and refuse disposal site'
The anticipated dates of installation and removal of the Temporary Employee
Housing.
The name, title, address, phone number and email address of the operator's
emptoyee or other authorized representative ("operato/s compliance
office/,) who is in charge of ensuring that the Temporary Employee Housing
isincompliancewiththestandardsoutlinedinSection(3)'below
Aform,providedbytheDepartmentandsignedbytheOperator's
compliance officer, inticating that the Temporary Employee Housing will be
installed in accordance witli all applicable Garfield County, relevant fire
district, state and federal regulations'
Aform,providedbytheDeparlmentandsignedbytheOperator's
compliance officer, inoicating that the operator submits to the enforcement
provisions identified within Section (4), below'
from, or permit application to, the state or federal
Temporary Employee Housing site, identifying theA copy of the Permit
agency, regulating the
Aucusr 17,2007
PAGE 18
vi.
vii.
A.
B.
C.
D.
E.
xlll.
(3)Standards
F.
G,
H.
INDUSTRY PROPOSIT, A_ PREFERRED ALTERNATIVE
DRAFT
location, conditions of approval, time period for which the permit is valid and
the parameters for reclamation and revegetation of the Temporary Employee
norsing site once the state or federal permit for the site has expired or is
otherwise terminated.
A legible photo of the state or federal "certifying stamp" for each housing unit
antic"ipated to be used for the Temporary Employee Housing and
demonstration that "rtn ptoposed unit meets current building code and
Garfield County fire code requirements'
Temporary Employee Housing 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 party upon request, to demonstrate that potable
*161. tupptiei and sewage and wastewater meet the representations contained
within the application, as required by Section (2) above'
ln no case shall unsafe water be used for drinking nor shall raw sewage or
contaminated water te oiscnarged on the ground surface. The operator sha]]
conduct monthly testi (or quartlrly if an on-iite disinfection system is installed)
and maintain records of siored potable water samples specific for coli form
bacteria. Any tests indicating coli form contamination must be disclosed to the
Garfield County Board of HJalth or designee within 72 hours from the time the
contaminated water was tested'
Temporary Employee Housing 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 tne i"rpotrry Employee Housing for operational 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-proof refuse container or
equivalent shall be itouiO-"0 for each manufactured home or recreational vehicle
unit. said contain'e(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
afpropriate records, io be provided to the County or any interested third party
,pbn 'ruqr"st, to demonstrate that refuse is collected in a timely fashion and
disposed of at a licensed facility.
outdoor food storage is prohibited unless facilities that prevent the attraction of
animals to the Temporary Employee Housing are provided'
Manufactured home or recreational vehicle units equipped by the manufacturer
with a fire sprinkleiryttur, fire detection system, andior alarm system, shall be
inspected, tested, and maintained in accordance with 2003 IFC 5901 '4 and
AuGUsr 17,2007
PAGE 19
K.
M.
N.
o.
P.
o.
J.
L.
INDUSTRY PROPOSAL A_ PREFERRED ALTERNATIVE
DRAFT
s901.6 and as required by the relevant fire protection district(s)' smoke alarms
and manual fire alarm tyti"rt shall be instailed, inspected and maintained in all
other manufactured home or recreational vehicle units in accordance with 2003
lnternational Fire CodL tirc) 5907.2.9 and g907.2.10 and the requirements of
the relevant fire protection districts'
single-station carbon monoxide alarms shall be placed in each manufactured
home or recreational vehicle unit'
one(1)ormoreapprovedfireextinguishe(s)of-atype.suitableforflammable
liquids, combustibte materials and eleltrical iires (Class ABC), carbon dioxide or
dry chemical, shall be located in each manufactured home or recreational vehicle
unit anO placed in accordance with applicable codes'
lnhabitants of the Temporary Employee Housing shall be Applicant's employees'
contractors and/or suncontractors, working on the related commercial' industrial
or mineral extraction operation, and nottependents of employees, guests or
other family members'
within ten (10) days following the expiration or other termination of the
Temporary Emptoyee Housing or represented date of removal identified in the
notification, att nousing titu.iuiu., foundatibns and associated infrastructure shall
be complet"ly 1.en..,oue-d. in" Opututor shall provide the-Department with photos'
dated and signed oy tne operator's compliance officer, indicating that all
housing structures, folndations and associated infrastructure has been removed
within the sPecified timeframe.
No domestic animals are allowed at Temporary Employee Housing'
A water storage tank shall be required to provide water to the sprinkler system
and initial suppression activities. The size of the water tank shall be determined
based on sprinkler calculations and initial suppression demands' The size of the
water storage tank shall be determined by the relevant fire proteclion district'- lf
the Temporrry frpfoyee-Housing is loiated outside the boundaries of a fire
protection district, ti^ren each Temporary Emoloye_e^^Hou.sing shall have at least
one (1) water storage tank with a'minimum of 2,500 gallons of stored water for
initial fire suppressiJn, operation of sprinkler systems (if applicable) and wild land
fire protection.
All emergency situations requiring action by any government agency or fire
protection district shall be documented in wriiing and presented to the Planning
Department anO Ca.fietO County Sheriff's Office within 24 hours of the
occurrence.
All required Access Permits shall be obtained from the Garfield county Road and
ailogeDepartmentortheColoradoDepartmentofTransportation.
The Garfield county sheriffs office and relevant fire protection district(s) must
be notified atleast24 hours prior to installation and removal of each Temporary
Aucusr 17,2007
PAGE 20
l.
(3)
INDUSTRY PROPOSII. A - PREFERRED ALTERNATIVE
DRAFT
Employee Housing. 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 installed to
accommodate the maximum number of persons, identified within the
temporary Employee Housing notification, who will inhabit the Temporary
Emptoyee rioriing. tn additioi, all vautt systems shall be equipped with an
overflow alarm de-vice. Vault systems shall be designed to accommodate a
minimum of 75 gallons of wastewater per person per day, lf a vault system is
proposed or haJbeen approved, the ApplicanUOperator 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'
c. Maintain all sewage disposal records including but not limited to trip
logs/reports anO taiOtitt receipts as public records, available to the County
and/or any other interested third party upon request'
iii. lndividual Sewage Disposal System (lsDS): lf an lsDs is proposed or has
been uppror"Oi then it snait be designed, installed and operated to
accommodate the maximum number of fersons who will inhabit the Minor
Facility and shall otherwise be operated in^accordance with the Garfield
county lsDS regulations as contained in Bocc Resolution Number 1994H-
1 36.
Enforcement, Violations, and Penalty:
A. The BOCC reserves the right to inspect any Temporary Employee Housing,
including structures and infrastructure and any other related improvements' andior
required documentation related to the housing, through its authorized
representatlr"Gl,- to determine if such are in compliance wjth this. Zoning
Resolution and, specifically, Section 5.02.23; the building code and fire code' Such
authorized representative(s) may inspect lsDS syslems under the county ISDS
regulations laOopteO Uv Ab'CC Resolution 1994H-136). Any official performing an
inspection shall abide by all laws of search and seizure, as set forth by federal and
state statutory and consiitutional provisions, in accessing the Temporary Employee
Housing, the site and the subject lot. Visits to Temporary Employee Housing by a
fire protection district or the Garfield County Sheriff's Office will be reported to the
Director.
B. lf it is found, consistent with the procedure identified in Section 5'02.23 (4)' that the
Temporary Employee Housing was not installed in conformance with or is out of
conformance with any of theltandards established in this Resolution; applicable
building andior fire codes; andior upon notice frgm a.state or federal agency or a
fire protection district that said agency or district has determined that the
Aucusr 17,2007 PAGE 21
C.
D.
E.
INDUSTRY PROPOSAL A _ PREFERRED ALTERNATI\.E
DRAFT
Temporary Employee Housing is out of compliance with that agency's or district's
reguiations, the Operator shall-be notified of the nonconformance by the Director'
lf the operator fails to correct the nonconformance within the specified timeframe'
the Temporary Employee Housing be immediately vacated and any installed
structures and infrastructure shall be removed witlrin the fourteen (14) calendar
orvr torro*ing the date of revocation. Proof of removal shall be provided to the
Building and Planning D"putt*"nt by 5:00 PM on the fourteenth (14) calendar day'
Such proof shall be In tnb form of fhoto documentation signed and dated by the
Compliance Officer.
The operator is also subject to penalties in accordance with section 12'0 in this
zoning code. lf the operator is guilty of a misdemeanor and, upon conviction
thereof, the Operator s'hall be punlshed by a fine of nol more than one hundred
dollars ($100.00), or by imprisonment in the county jail for not more than ten (10)
days, or both by such fine and imprisonment. Each day which the Operator fails to
coirect the nonionformance shall be deemed a separate offense'
Liability: The Operator of the Minor Facility is responsible for compliance with-the
Llutations coniained in this Zoning Resolution and, specifically, Section 5'02'23'
Elevation to Administrative Review: Upon three (3) nonconformances at any one
(i)-permitted site, all Temporary Employee Housing shall be subiect to the review
in accordance with Temporary Employee Housing for Minor Facilities' contained in
Section 5.02.22 of this Zoning Resolution'
The offending operator may be allowed a use-by-right, rather than review in
accordance witn tne Tempoiary Employee Housing for Minor Facilities process
contained in Section 5.02.i2, upon the written request of the Operator and only at
the BOCC's sole discretion.
AUGUST 17,2007 PAGE22
It'lousrRY PnoPosA]- n
DRAFT
Overview
Representatives of the natural gas industry in Garfield county request amending the text of the
Garfield County Zoning Resolution of 1978 to:
1. define temporary employee housing
2. amend section 5.02.21to accommodate temporary employee housing with greater than
25 persons as a special use permit process
3. establish Section 5.02.22 to accommodate temporary employee housing wilh 7-24
personnel as an administrative permit process and tempo'ary employee housing for 1-6
essential personnel as a permit by notice process
Definitions
i# fd-g definition would be added to Section 2.0 Definitions:
Temporary emplovee housinq: 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 purposes] for employees' contractors and/or
subcontractors, working on projects related commerciil, industrial or mineral extraction
operation.
(1) Temporary employee housing, essential personnel: Houses the personnel that' by
industry standards, are necessary to be on-site for coordination and supervision of the
commercial, industrial, or mineral extraction operation'
(2) Temporary employee housing, minor facility: houses seven (7) to twenty-four (24) or
fewer individuals at any one given time'
(3) Temporary employee housing, major facility: houses twenty-five (25) individuals or more
at anY one given time.
Text Amendment for Zoninq Disttigtq ^ _a:_- 4 n.dediamended to Section 3'0:
--- Section 3.01 Agricultural/lndustrial
3.01.01 Uses, bY riqht:
Temporary emptoyffi housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review
and requirements of Section 5.02.22)
Temporan, ernployee housing, major facilities (subject to revtew
and requirements of Section 5.02.21)
and approval Per Procedure
and approval Per Procedure
AUGUST 17,2007 PAGE 1
INPUSTNY PROPOSAL B
DRAFT
-- Section 3.02 Agricultural/Residential/Rural Density
3.02.01Uses, bv riqht:
Temporary employee- housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5'02.22)
3.02.03 Uses, sPecial:
Temporary emptoyee housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02.21)
-- Section 3.03 Residential/Limited/Surburban Density
3.03.01 Uses. bv riqht:
Temporary emptoyeE housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02.22)
3.03.03 Uses, sPecial:
Temporary emptoyeE housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02.21)
--- Section 3.04 Residential/Limited/Urban Density
3.04.01 Uses. bv riqht:
Temporary emptoy# housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02'22)
3.04.03 Uses, sPecial:
Temporary emptoyfi housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02.21)
--- Section 3.05 Residential/General/Suburban Density
3.05.01 Uses. bv rioht:
Temporary emptoyfi housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5'02.22)
3.05.03 Uses. sPecial:
Temporary emptoyft housing, maior facilities (subiect to review and approval per procedure
and requirements of Section 5.02'21)
Aucusr 17,2007 Pecr 2
INDUSTRY PROPOSAL B
DRAFT
--- Section 3.06 Residentiat/General/Urban Density
3.06.01 Uses, bY riqht:
Temporary emptoyee housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02'22)
3.06.03 Uses, sPecial:
Temporary emptoyee housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02'21)
-- Section 3.07 Commercial/Limited
3.07.01 Uses, bv riqht:
Temporary emptoyee housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02'22)
3.07.03 Uses, soecial:
Temporary emptoye? housing, major facilities (subject to review and approval per procedure
and requirements of Section 5'02.21)
--- Section 3.08 Commercial/General
3.08.01 Uses. bv riqht:
Temporary employff housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02'22)
3.08.03 Uses. sPecial:
Temporary emptoyfi housing, major facilities (subiect to review and approval per procedure
and requirements of Section 5.02.21)
----3.09 Open/SPace
3.09.01 Uses. bY riqht:
Temporary emptoyffi housing, essential personnel (subject to noticing and requirements in
Section 5.02.22)-
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02.22)
3.09.03 Uses, sPecial:
Temporary emptoyfi housing, major facilities (subiect to review and approval per procedure
and requirements of Section 5.02-21)
AUGUST 17,2OO7
PAGE 3
INDUSTRY PROPOSAL B
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----3. 1 0 Resource/Lands
3.10.01 Plateau:
Uses, bv riqht:
Temporary employee housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02.22)
Uses, special: -
Temporary employee housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02.21)
3.10.02 EscarPment:
Uses. bv rioht:
Temporary employee housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02.22)
Uses, special:
Temporary employee housing, major facilities (subject to review and approval per procedure
and requirements of Section 5-02-21)
3.10.03 Talus SloPes:
Uses, bv riqht:
Temporary employee housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02.22)
uses' special: aa harrcina mainr far:ilities (srrbiect to rr per procedurer"rp"rarv "rployee housing, major facilities (subject to review and approval
and requirements of Section 5'02.21)
3.10.04 Gentle slopes and lower valley floor:
Uses, bv riqht:
Temporary employee housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02-22)
AUGUST 11,2007 PAGE 4
InuustRY PRoPoSAL B
DRAFT
Uses, special:
Temporary employee housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02.21)
----3.llResidential.MobileHome/General/UrbanDensity
3.11.01 Uses. bv rioht:
Temporary emptoyfi housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02.22)
3.'1 1.03 Uses, sPecial:
Temporary emptoyeE housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02.21)
----3.12 Li ghUlndustrial
3.12.01 Uses, bY right:
3.12.015 TemPorary emPloYee
requirements in Section 5.02-22).
3.12.016 Temporary employee housing, minor facilities (subject to review and approval per
procedure and requirements of Section 5'02'22)
3.12.03 Uses, sPecial:
Temporary emptoyee housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02.21)
----3.1 3 Public AirPort
3.13.01 Uses. bv riqht:
Temporary emptoyd housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5'02.22)
Temporary emptoyeE housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02'21)
----3.1 4 Drinkin g Water Constraint
3..14 Uses, bv riqht:
Temporary employee housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5.02.22)
housing, essential personnel (subject to noticing and
Aucusr 17,2007
PAGE 5
INDUSTRY PRoPos.ll, s
DRAFT
3.14.03 Uses, soecial:
Temporary emptoye6 housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02.21)
----3.1 5 Gommercial Drinking Water Constraint
3.15.01 Uses. bv riqht:
Temporary emptoye6 housing, essential personnel (subject to noticing and requirements in
Section 5.02.22).
Temporary employee housing, minor facilities (subject to review and approval per procedure
and requirements of Section 5'02-22)
3.15.03 Uses, sPecial:
Temporary emptoyeE housing, major facilities (subject to review and approval per procedure
and requirements of Section 5.02'21)
Text Amendment to Section 5.02'21
5.02.21- Special Use Permits for Major Temporary Employee Housing Facilities
lndustry agrees with the draft regulations for Major Temporary Employee Housing Facilities'
dated 08/01/07.
Text Amendment to Add Section 5'02'22
5.02.22- Administrative permits for Minor Temporary Employee Housing Facilities and
i"r*it by Notice for Essential Personnel Housing Facilities
(1) Minor Temporary Employee H-ousing 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 additio; that such truck, truck tractor, motor home or
camper trailer is being used for temporary living quarters and not recreational purposes]
may be granted for projects within Garfield County related to commercial' industrial and
mineral extraction in any zone district by the Planning Director through the Permit-by-
Notice orAdministrative Permit processei. Such housing shall be of.a temporary nature'
and at the expiration of the permit, all housing structuies, foundations and associated
infrastructure shall be completety removeO. S*uch facilities are subject to all applicable
building code, state and federal fiermit requirements, fire protection district requirements
and fire code'requirements. nllinoirempoiary Employee Housing Facilities shall have all
of the following basic characteristics:
A.TheMinorTemporaryEmployeeHousingFacilityand.a.nyassociated
infrastructure (including-lSDSi must be completely contained.within a State or
Federally regulated pat"et (such as a coGCC regulated oil/gas well pad) in
which reclamation and revegetation standards are guaranteed by contract with
the permitting agency (Permitted Site); and'
AUGUST 17,2OO1
Pacp 6
INPUSTRY Pnorosn'l n
DRAFT
B.TheMinorFacilityislocatedatthepermittedsiteforlessthanacumulative
timeframe of one (1) Year; and,
C.TheMinorFacilityhousestwenty-four(24)o.rfewerindividualsatanyonegiven
time. Facilities that will nouie'six (6) or fewer people will be subject to the
Permit-by.Notice process oerineo in.section (2), below. Facilities that house
seven (zi to t*univ+our tz+) people will be sunj'ect to_the Administrative Permit
pro""". defined in Sections (ei - til, ?glg* Atl fulinor Facitities, regardless of the
pro"""i i,tbwea to permit'tieit,"will be subiect to the standards defined in
Section@anatheenforcementprovidedforinSection(9)below,
Temporaryemployeehousingfacilitiesthatdonothavethethreecharacteristicslisted
above, i.e., 25 oi ,oru ind-ividuals at any one time, on location for more than a
cumulative timeframe of one (r I veai or not completely contained with a Permitted Site'
i.e., "Major Facilities", are subjeci to the special use review process and standards and
requirements contained in Seition i.OA.Zl and the enforcement provisions of Section 12
and Section 9'01.00 of this Zoning Resolution'
(2) Permit-by-Notice for Minor Temporary Employee Housing on Location:
A.TheapplicantshallnotifyGarfieldCountyofitsintenttoprovidetemporary
emptoyee housing by submitting a site-specific notification of the specific
equipment, site lay-out, anO antiJipated dates of installation for each site' This
site-specific notification shall be submitted to the Garfield County Planning
oir".tor, CurrietO County Snerifrs Office, and relevant fire protection district(s) a
minimum of ten (ro) oavs prior to installation at a site' The content of this
submittal is defined below'
i.Avicinitymapindicatingthesection,township,andrangeofthepermitsite
location;generalrelationtosurroundingpublic-roads,privateroadg'
adjacent uilrity lystems, resioential devel-opment, the applicant's actively
permittedMajorandMinorTemporaryEmployeeHousing,naturaldrainage
courses ano municipalities within one (1) miles of the proposed Temporary
Housing Site; nortn arrow and scale; dp'S coorOinates; and current surface
ownership on a USGS 7.5 minute serieS qUadrangle at a scale of 1"=2000"
ii. ldentify private and public roadways accessing the area, marked as open'
gated, andioi locked; and detailed directions with mileage included for
eachroadwayfromthenearesttown.GPScoordinates(NAD83'
degrees. deciriral degrees) for the location shall also be provided.
iii.lncludename,addressandphonenumberofsurfaceowner(s)'
iv. Provide name, address and phone number, including a 24-hour
emergency'"-'pon'*numberofatleasttwopersonsresponsiblefor
emergency rieid operations; contact numbers for local hospitals,
emergency r".plnr", fire department, sheriff, Life Flight, and applicable
regulatory agencies; site saiety/evacuation plan; and written response
planforthepotentialemergenciesthatmaybeassociatedwithdrilling
and completion operations at a well location'
AUGUST 1,7,2007
PAGE 7
(3)
INDUSTRY PROPOSAL B
DRAFT
V.Adescriptionofthewatersystemusedtoprovideandstorepotablewater
to personnel. lnclude number and volume of tanks; source of water; name
ofhauler;hauler,sColoradoDepartmentofPublicHealthand
rnvironrient (copnr) registration number and copy of certification;
frequencyofdelivery;andcalculationofwaterdemandand
demonstration of adequate capacity'
vi. A description of the system used to collect and dispose of sewage and
wastewater.lncludenumberandvolumeofvaults;nameofhauler;
frequency of pickup; sewage disposal site; and calculation of sewage and
wastewater treatment demand and demonstration of adequate storage
and/or treatment caPacitY'
vii. A description of the system used to collect and dispose of refuse' lnclude
number,,typeand,olumeofcontainers;nameofhauler;frequencyof
collection; and refuse disposal site'
viii. ldentify the anticipated dates of installation and removal of the Minor
TemPorary Housing FacilitY'
ix.Thename,title,address,phonenumberandemailaddressofthe
operator,s employee or other authorized representative ("operator's
comptianle o*icer,1 who is in charge of ensuring that the Temporary
EmployeeHousingisincomplianc"*iththestandardsoutlinedinSection
(8), below
x.Aform,providedbytheDepartmentandsignedbythe.Operator's
comptianle officer, indicating inrt L" t"mporary Employee Housing will
be installed in accordance wiin all applicable Garfield County' relevant fire
district, state and federal regulations'
xi.Aform,providedbytheDepartmentandsignedbythe..operator's
Complianceofficer,indicatingthat-theoperatorsubmitstothe
enforcementprovisionsidentifiedwithinSection(9)'below'
xii.Acopyofthepermitfrom,orpermitapplicationto,thestateorfederal
,g"n"y, iejutaiing the Temporary Employee Housing site, identifying the
location, cJnditiois of approval, iir" p"tiod for which the permit is valid
and the parameters for'reclamation and revegetation of the Temporary
rmptoyee Housing site once the state or federal permit for the site has
expired or is otherwise terminated'
xiii. A legible photo of the state or federal "certifying stamp" for each housing
unit anticipated to be used for the Temporary Employee..Housin9 and
demonstration that each proposed unit meets current building code and
Garfield County fire code requirements'
General Minor Administrative Permit Application Requirements: The Applicant shall
submit an application, on a form provid'ed by the Building and Planning Department
AUGUST I7,2OO7 PAGE 8
INDUSTRY PROPOSAL B
DRAFT
(Department) and be issued a Minor Administrative Permit by the Director prior to
commencing installation of the Minor Facility.
A. Minor Administrative 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 6, below. The Applicant, however, may choose to apply for an
Administrative Permit AWDP consisting of multiple Minor Facilities to be
developed within an identified amount of time, using an accelerated
administrative process, following approval of an Administrative Permit AWDP,
leading to multiple Minor Administrative Permits. Approval of an Administrative
Permit AWDP, however, does not guarantee approval of each Minor
Administrative Permit. Administrative review is required for permitting of each
Minor Administrative Permit Facility, in accordance with the process and
timelines contained in Section 6, below.
B. ldentity of Applicant. The Applicant for a Minor Administrative Permit or for
approval of an Administrative Permit 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 5, below. Such an acknowledgment may be in the
form of a letter of authority/agency or a lease, surface 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 Administrative
Permit or approval of an Administrative Permit 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), general description of the proposed Minor
Facility(ies), explanation of the reconsideration process, outlined in Section 7,
below, with the timeframe to request reconsideration of the Director's decision
and contact information for the Department.
D. The application must also include the submittals required by Sections 4 and 5,
below.
Submittal Requirements for an Administrative Permit AWDP: At a minimum, the
Applicant for approval of an Administrative Permit AWDP, along with the submittals
listed in Section 3, above, shall submit:
A. A master map/site plan in accordance with Section 5(H), below, identifying the
(4)
AUGUST 17,2007 Pecr 9
IxousrRv PRoposal s
DRAFT
proposed location and anticipated layout for all Minor Facilities to be installed
within the Administrative Permit AWDP. Site specific, surveyed maps depicting
the location of each Minor Facility, located within the Permitted Site within the
subject lot, shall be submitted with each individual Minor Administrative Permit
application and not with the application for approval of an Administrative Permit
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 Sherriffs Office, relevant fire protection
district(s), and Garfield County Building Department consistent with Section 5A
and B, below.
D. A legible photo of the state or federal "certifying stamp" for each housing unit
anticipated to be used within the Administrative Permit 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 (5) C - E,
below. The detail required at the time of application for a Minor Administrative
Permit is not required at the time of application for approval of an Administrative
Permit AWDP.
F. Proof that required public noticing has been performed in accordance with
Section 3(C), above.
Assuming approval of the Administrative Permit AWDP, following the timeframe for
reconsideration detailed in Section (7) below. The Applicant may proceed to submit
individual applications for the Minor Facilities proposed within the Administrative Permit
AWDP, in accordance with the submittal requirements, standards, administrative review
process and timeframes and the reconsideration process and timeframes, stated in
Sections 5 - 8, below. However, Minor Administrative Permit applications submitted
under an approved Administrative Permit AWDP do not require that the requirements of
Section 3 (B)and (C), above be completed again.
(5) Submittals for Minor Administrative Permit, including Minor Administrative Permit
application for which an Administrative Permit AWDP was previously approved:
A. Sign-offs: review from the Garfield County Sheriffs Office and relevant fire
protection district(s). lf an Administrative Permit AWDP was previously approved
in accordance with Section (4), above, the Applicant for a Minor Administrative
Permit need not resubmit the sign-offs.
B. Sign-off: review from the Garfield County Building Department of the state or
federal "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 Administrative Permit AWDP has been previously
AUGUST I7,2007 PAGE 1O
C.
D.
E.
INDUSTRY PROPOSAL B
DRAFT
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 Administrative Permit 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 hluler, hauler's Colorado Department of Public Health and Environment
(cDPHE) registration number and copy of hauler's. cDPHE certification,
irequen"y of delivery, and calculation of water demand and demonstration of
adequate capacitY.
A general description of the system planned for collection and storage of sewage
an-d wastewater, along with details regarding number and volume of sewage and
wastewater vaults, nJrne of hauler, frequency of pickup, identification of sewage
disposal site, calculation of Sewage and wastewater treatment demand and
demonstration of adequate storage andlor treatment capacity.
A general description of the system planned for collection and disposal of refuse,
alJng with details regarding refuse collection, including number, type and volume
of containers; na.e-of hauler; frequency of collection; and identification of refuse
disposal site.
A list of adjacent surface owners within 200 feet of the subject lot (not only the
permitted Site;, us identified in the Garfield 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'
A list of the final dates of installation and removal of the Minor Facility and a
representation of the total cumulative length of time (number of days) that the
Minor Facility will be installed at the proposed location'
Site Plan: The Applicant shall submit an adequate site plan, consistent with
Section g.01.01 of this 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 Minoi Facility within the subject lot and the Permitted Site;
general relation to surrounding public roads, private roads, adjacent utility
Iystems, residential development, other actively permitted Minor and Major
Facilities, natural drainage courses and municipalities within one (1) mile of
the proposed Mrnor facitity; north arrow and scale; GPS coordinates and
current surface ownership of the subject lot. The vicinity map shall be
presented on a USGS 7.5 minute series quadrangle at a scale of 1"=2000'or
equivalent.
ii. surveyed layout of the proposed Minor Facility within the surveyed
bound-aries of the Permitted site, including at a minimum: sewage and
wastewater disposal, trash receptacles, potable water storage, all other
associated infrastructure and all other equipment located within the Permitted
Site.
F.
G.
H.
AUGUST I7,2OO7 PAGE 1 1
INuusrRv Pnoposar, n
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iii. ldentification of the private and public roadways accessing each Minor
Facility. Roadways shall be marked as open, gated, and/or locked (include
combinations). Detailed directions, with mileage, shall be given from the
nearest town within Garfield County, nearest Garfield County Sheriffs Office
dispatch location and responsible fire district headquarters to each Minor
Facility, along each roadway.
iv. Name, address and phone number of surface 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 field
operations; contact numbers for local hospitals, emergency response, fire
protection districts, Garfield County Sheriffs Office, Life/Care Flight, and
applicable regulatory agencies; site safety/evacuation plan; and any other
written response plan for potential emergencies at the Permitted Site.
vi. ldentification of the final dates of installation and removal of 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 Operator's
employee or other authorized representative who is in charge of ensuring that the
Minor Facility is in compliance with the standards outlined in Section 5.02.22
("Operator's Compliance Office/').
J. A form, provided by the Department and signed by the Operator's Compliance
Officer, indicating that the Minor Facility will be installed in accordanbe with all
applicable Garfield County, relevant fire district, state and federal regulations.
K. A form, provided by the Department and signed by the Operator's Compliance
Officer, indicating that the Operator submits to the enforcement provisions
identified within Section (9), below.
L. A copy of the permit from or permit application to the state or federal agency,
regulating the Permitted Site, identifying the location, conditions of approval, time
period for which the permit is valid and the parameters for reclamation and
revegetation of the Minor Facility once the state or federal permit for the
Permitted Site has expired or is othenarise terminated. lf a permit application is
submitted with the minor administrative permit submittal, approval of the permit
by the applicable state or federal agency is required prior to installation of the
minor facility.
(6) Timeframe of Administrative Permit Review and Determination:
A. Upon submittal of an application for a Minor Administrative Permit or for approval
of an Administrative Permit AWDP to the Department, a technical compliance
check shall be completed and notice of compliance or non-compliance sent to
the Applicant by the Director within fourteen (14) calendar days of submittal.
Once an application for a Minor Administrative Permit or Administrative Permit
AWDP is deemed technically compliant by the Director, the Director shall issue a
Aucusr 17,2007 PecE 12
INDUSTRY PRorosar, n
DRAFT
determination of approval, approval with conditions or denial within fourteen (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 Administrative Permit and issue the Minor Administrative
Permit to the Owner of the subject lot or approve the application for approval of
an Administrative Permit 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 infrastructure.
D. lf the Director finds that the application does not meet an applicable standard or
standards and that the non-compliance cannot be mltigated through a
condition(s) of approval, the Director shall deny the Minor Administrative Permit
or application for approval of an Administrative Permit AWDP.
Reconsideration Hearing for Administrative Permit: 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 200' of the subject lot, and/or the Board of County
Commissioners (BOCC) 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. Request by Applicant or Adjacent Property Owner for Reconsideration of
Decision.
i.Written Request. The Applicant and/or 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.
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).
Notice by Publication. At least thirty (30) calendar days prior to the date of the
scheduled Reconsideration Hearing, the aggrieved party shall have published
a notice of public hearing in a newspaper of general circulation in the area in
\t)
il.
iii.
AUGUST 17,2007 PAGE 13
INnusrRv PRoposlr- n
DRAFT
which the proposed Administrative Permit Minor Facility or Administrative
Permit AWDP is located.
iv. Notice to Adjacent Property Owners. At least thirty (30) calendar days prior to
the date of the scheduled Reconsideration Hearing, the aggrieved party shall
send by certified mail, return receipt requested, a written notice of the public
hearing to the owners of record of all adjacent property within 200' of the
subject lot. The notice shall include a vicinity map, the legal description of the
subject lot, a short narrative describing the Administrative Permit Minor
Facility or Administrative Permit AWDP, and an announcement of the date,
time and location of the scheduled Reconsideration Hearing.
v. BOCC Decision. 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 Administrative Permit Minor Facility or
Administrative Permit AWDP with the regulations contained in this Zoning
Resolution and, specifically, Secti on 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 BOCC may at its discretion, decide to
reconsider the Director's decision at the next regularly scheduled meeting of the
BOCC for which proper notice of hearing can be accomplished.
i. Call-up Vote. The BOCC shall consider the call-up request, by one or more
Commissioners, at the next regular meeting of the BOCC and set a public
hearing by a majority vote of the BOCC in favor of the Reconsideration
Hearing.
ii. Notice by Publication. At least thirty (30) calendar days prior to the date of the
scheduled Reconsideration Hearing before the BOCC, the Director shall have
published a notice of public hearing in a newspaper of general circulation in
the area in which the proposed Administrative Permit Minor Facility or
Administrative Permit AWDP is located.
Notice to Adjacent Property Owners. At least thirty (30) calendar days prior to
the date of the scheduled Reconsideration Hearing, the Director shall send by
certified mail, return receipt requested, a written notice of the public hearing
to the owners of record of all adjacent property within 200' of the subject lot.
The notice shall include a vicinity map, the legal description of the subject lot,
a short narrative describing the Minor Administrative Permit or Administrative
Permit AWDP, and an announcement of the date, time and location of the
scheduled Reconsideration Hearing.
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 Administrative Permit Minor Facility or
Administrative Permit AWDP with the regulations contained in this Zoning
Resolution and, specifically, Sectio n 5.02.22.
iii.
iv.
AUGUST 17,2007 PacE 14
INDUSTRY PRoPoSAL B
DRAFT
(8) All Minor Facilities shall adhere to the following Minor Permit standards:
A. Minor Facilities must comply with all applicable federal, state and local laws and
regulations.
B. Operator must keep and maintain appropriate records, to be provided to the
County or any interested third party upon request, to demonstrate that potable
water supplied and sewage and wastewater meet the representations contained
within the application, as required by Sections (2)and (5), 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 Health or designee within 72 hours from the time the
contaminated water was tested.
G.
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.
At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container or
equivalent shall be provided for each manufactured home or recreational vehicle
unit. Said containe(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 interested third party
upon request, to demonstrate that refuse is collected in a timely fashion and
disposed of at a licensed facility.
Outdoor food storage is prohibited unless facilities that prevent the attraction of
animals to the Minor Facility are provided.
Manufactured home or recreational vehicle units equipped by the manufacturer
with a fire sprinkler system, fire detection system, and/or alarm system shall be
inspected, tested, and maintained in accordance with 2003 IFC Sg01 .4 and
5901.6 and as required by the relevant fire protection district(s). Smoke alarms
and manual fire alarm systems shall be installed, inspected and maintained in all
other manufactured home or recreational vehicle units in accordance with 2003
lnternational Fire code (lFC) 5907.2.9 and 5907.2.10 and the requirements of
the relevant fire protection districts.
Single-station carbon monoxide alarms shall be placed in each manufactured
home or recreational vehicle unit.
One (1) or more approved fire extinguishe(s) of a type suitable for flammable
liquids, combustible materials and electrical fires (Class ABC), carbon dioxide or
D.
E.
F.
H.
J.
AUGUST 17,2007 PAGE 15
K.
INDUSTRY PRoposa.I n
DRAFT
dry chemical, shall be located in each manufactured home or recreational vehicle
unit and placed in accordance with applicable codes.
lnhabitants of the Minor Facility shall be Applicant's employees, contractors
and/or subcontractors, working on the related commercial, industrial or mineral
extraction operation, and not dependents of employees, guests or other family
members.
Within 10 days following the expiration or other termination of the Minor Permit or
represented date of removal identified within the Minor Permit, all housing
structures, foundations and associated infrastructure shall be completely
removed. The operator shall provide the Department with photos, dated and
signed by the operator's compliance officer, indicating that all housing
structures, foundations and associated infrastructure has been removed within
the specified timeframe.
No domestic animals are allowed at a Minor Facility.
A water storage tank shall be required to provide water to the sprinkler system
and initial suppression activities. The size of the water tank shall be determined
based on sprinkler calculations and initial suppression demands. The size of the
water storage tank shall be determined by the relevant fire protection district. lf
the Minor Facility is located outside the boundaries of a fire protection district,
then each Minor Facility shall have at least one (1) water storage tank with a
minimum of 2500 gallons of stored water for initial fire suppression, operation of
sprinkler systems (if applicable) and wild land fire protection.
All emergency situations requiring action by any government agency or fire
protection district shall be documented in writing and presented to the Planning
Department and Garfield County Sheriffs Office within 24 hours of the
occurrence.
All required Access Permits shall be obtained from the Garfield County Road and
Bridge Department or the Colorado Department of Transportation.
The Garfield County Sheriffs Office and relevant fire protection district(s) must
be notified at least 24 hours prior to installation and removal of each Minor
Facility. The Department shall be copied on all such notification, whether hard
copy or electronic.
Wastewater Disposal:
i. Vault System: All vault systems shall be designed and installed to
accommodate the maximum number of persons, identified within the Minor
Permit application, who will inhabit the Minor Facility. ln addition, all vault
systems shall be equipped with an overflow alarm device. Vault systems shall
be designed to accommodate a minimum of 75 gallons of wastewater per
person per day. lf a vault system is proposed or has been approved, the
Appl icant/Operator must:
L.
M.
N.
o.
P.
o.
R.
Aucusr 17,2007 PecE 16
(e)
INDUSTRY PRoPoSAL B
DRAFT
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.
c. Maintain all sewage disposal records including but not limited to trip
logs/reports and landfill receipts as public records, availabte to the County
and/or any other interested third party upon request.
ii. lndividual sewage Disposal system (lsDS): lf an lsDS is proposed or has
been approved, then it shall be designed, installed and operated to
accommodate the maximum number of persons who will inhabit the Minor
Facility and shall othenrvise be operated in accordance with the Garfield
County ISDS regulations as contained in BOCC Resolution Number 1994H-
1 36.
Enforcement, Violation and Penalties:
A. The BOCC reserves the right to inspect any Minor Facility, including structures
and infrastructure and any other related improvements, and/or required
documentation related to the Minor Facility, through its authorized
representative(s), to determine if such are in compliance with this Zoning
Resolution and, specifically, Section 5.02.02; the building code and fire code; and
specific conditions of the Minor Permit. Such authorized representative(s) may
inspect ISDS systems under the County ISDS regulations (adopted by BOCC
Resolution 1994H-136). Any official performing an inspection shall abide by all
laws of search and seizure, as set forth by federal and state statutory and
constitutional provisions, in accessing the Minor Facility, the Permitted Site and
the subject lot. Vlsits to a Minor Facility by a fire protection district or the Garfield
County Sheriffs Office will be reported to the Director.
B. All enforcement actions run with Mrnor Permits for individual Minor Facilities and
are not applied to Administrative Permit AWDP's. lf it is found, consrstent with the
procedure 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 Resolution, applicable building and/or fire codes or specific
conditions of the Minor Permit, the permit holder shall be notified of the
nonconformance by the Director and, depending upon the severity of the
noncompliance, the Minor Permit may be suspended or revoked by the BOCC.
lf the nonconformance is for improper electrical, water, or septic installation, the
applicant shall have 24 hours to correct the nonconformance unless a longer
timeframe is specified in the written notice. lf the applicant fails to correct the
nonconformance within the specified timeframe, the applicant may be subject to
permit revocation. Any nonconformance that poses an imminent and significant
threat to the health and safety of employees or the publlc or to the environment
shall result in the facility permit being immediately revoked by the Garfield
County Planning Director. The BOCC may also suspend or revoke the Minor
Permit upon notice from a state or federal agency or a fire protection district that
said agency or district has determined that the Minor Facility is out of compliance
with that agency's or district's regulations. lf a Minor Permit is revoked, the
AUGUST 17.2007 PecE l7
C.
D.
E.
INDUSTRY PROPOSAL B
DRAFT
previously permitted Minor Facility shall be immediately vacated and any
installed structures and infrastructure shall be removed within the fourteen (14)
calendar days following the date of revocation. Proof of removal shall be
provided to the Building and Planning Department by 5:00 PM on the fourteenth
(14) calendar day. Such proof shall be in the form of photo documentation signed
and dated by the Compliance Officer.
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.
The operator of the Minor Facility is 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 (4th) 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 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 Use Permit
process contained in Section 5.02.21, upon the written request of the Operator
and only at the BOCC's sole discretion.
F.
AUGUST I7,2OO7 PAGE 18
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