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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 Relerralt AppesUCall-UF Ptovisiong Enfcaemeai -*i 1 joflii,rsttat6F;ffi;l {'t'i; i as cays ; ? SUF-60t$todays Procoa$ng Tissline i fly.EricilIfls."---*-*-* ''------.-i-.,.-- --..tr l. Tairtr,ti;'i?ffi?;ffi8- N6--_i i . Uso *v Right * oepsndant on i tim€lifi* Sp€eifierJ * Anlicipatsd ts i Builc'ng Pemit lbe2wa+ks. i I ia 3. "$p+fidi ljsn PBrmi " - No ?ima|llr$ i Plaftnlng Commissioil a.Ieeting- $eptember I2, ?S07 {S€caion 5.OI21. Secilon 5.O2.2?. strd Seclion 5'02.23} Adopted fiio Bl8fieo F€gulatlonsSrigintl Slat Propo$al {For 8J8/20i}7 PCi i-A.in'i&trtli;; ru;{iill :2{* lndivldilals (Sfft!*n 5.o?.tzi ?. SLIP * 25 or m:re lndi"idu&ls i$Ection 5.*?"21I ?..00' (Can be Bcc*ffiplisilsd as pefi gt A!qSP) 2. SUP - wiihi* I08' 2. St^lP - At llE irie$stioF El t|!e FiaftHr!g LlBparirer'!l Nc$i Staft Propossls {For 9ll 28007 PC) I r*i]rc d;fiAniwih P;'ldd;me I $tandarcg - 1-6 {Sstiion 5.$4.23i i i ?. A,lmi,ristratrve Femi! - 7-24 i lfldivrdilals llisctiail 5.of.2?] i 3. SUF - gl rr n:6re lndividuals i isEciinn 5.fl?.Bli i 2 J\drlliErilrialivt'rEnlril t.jp is'ii i ri;r,ll: I 1 "il#"ts, {,irs,ir - N;;ie-"---."---- ?. At:,,xlirlistriltive Pernlil - Withirl 70t' (L)an be a**olrfrrshed as Fart sf AW*rl 3. St l' 'Within ae,o'l i.j*. trv fi,tiit-d;m 2. ABminislrdd?s Pdmlil -.Sign O{l naqil!rfimen!$ lor Str€ri{r, Fife. Euiiding PEar to $uhnlitlal !l Appli.at!*n. {(;*n he a$crjrttrith{rd a3 Fac 3l AWUPI i 3. Slrta - Al the t:ssrelion 0r lllti Plailninx Deoarlflentj 1 l,se {lv Fl'ohl - l.lollG t t. 1 2. Adminiatraiiqe Permii- !a Oay i Atlp(,ix, F$ri{)(l " AFt iri$lt, Abtrtiins 1 Frraerty Owneror B(}CC iCan be 1 accmpli*hartr a; fiarl {}i AWi}P) 3. -iUP ... Fl lhe Cietreil.'t oi 1ll€ i SOCC im"r@ H,qhr-hffi;,iC cnffirt*m&rrl irl 4f,6(}nlaEce ivilh 51414 iaw &nd Z$trir'1il n*solulioll 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 {July ?t. 2007) 1. .Ter:ltdraxy i-.jce Ferlnil" - Strlall On'$itP OuaRerr * 25 {}r lFse a,lt1ilirruiil$ irt E ucd( |o]filnori P. " B*tii.!] Llse Pe$t)t - Small {entrc} L(Eati*$ 0uedeE - UF lo 5{l w6rl{*15 rot on sa*: lGcalion * Pubtit Heafing 5. "Specicl UBe Permil'" Latge Central Location $!ErtGr$ - $o or more mtiiers mt cu ffi.t lc,{aiicrl - 3. "SDscie, l,"lse Ferrftit'- Nt lil116ii!'ri $pecified 3. "slldui*l [J${i pDIrI}ii ' P:lrnr]inU Depafimen! ?. "Spdsial Use treri'nil" ' Nclltl 3. "spscini U6e Pe*nil"' I'inne ry& DCr a1.r' Lrlt Fa;fr ,r-t N;; StlP - $tl to 9S iitr,/S ! i 2. Admiristraliu* Pemit - Ptetlnillq Pl*,ilxrs i tlapl. i e. $UR - R*view; Planning sept i Fenrlt fiCtCC I n*rHliil$ Dept- i DaFartB${ Ig SLIP * tl{)vi€ri: Ptafln}n.f tispx., } 2. "Spsial Lise Peffiil" Psrinil E{}Cc i $aparfi:a*l i -*----rylI. Adrrli!1i&trativ6 Fryrr*it '. $Iithin I I "I€rrrpcrary Use ire,rlnl - None i | 2 'Spenral uscFrtllit i l.lnc*ssary i : "spaclat Lise l3smil I !'ir:cess*ry 1l Faund ll F0und I llfl.rr, rif.!ralivc l'em:l - 14 Liai AErf)sal []sn$l - Ap|rrtanl : Alf,ultrn.J Pru{rs{tv Orurpr or i [](){:C ic;rrr IE trffiptistrs$ a$ Irarl ol AWUP: aecorda*cd $iih Btate laH aBrJ Zoniilg R+sotdlion " ftel(r:alisr, oI PBffiit lor incidere.i af Nffircf,nl*mlanca * il t(rffiIii resfiksd- sito trrrFt hs !&*63t*d wilhin 1! tlusirler"a {:lays * d" rBsok+{i perrnrt rdis}s*s {iP?raktr. lffin *,rjoyir,!.J lhe Atfi|ilri.lrittilrl Pormit p.trBss !n til* lulilr", t.gUP - Finss 6ffJ eilforesnFat rit ilccD.iancg Biill stal* taw &ftd U{}rrng 8€srlluliw. rerOuthl4r p4wil I 't emlrffiw Use Feltall" ' Nooe Itrlolut P. ''Sprci# Uss F*rr4ll" " Non* Knowll ir, "Sp€ri4i URe Perrn,t'- N{,u) Kn0'rin f-:ie-rjLiffiri' Lii" pe,'ill -"" " - Etnnoticed lflspea;ri{)t1(; FltvDcatifl n 6{ f'aii,ilrt: ff:lutliits tr5 Pdlftifsd ltr Larri Ussl E€stilLJl$n 2- ''Sts:ial Litry PeEflif - flovomtion $, P€mit: Fienaltias as F*imiitsd in Leild usa f+?$olulr{)il. 3 'Spffi;fi| Use PeHil" - ile!.ealidlil *l Fermtr F'6Jnali.io$ a$ l:rPtallitq{:iil! Larld Li*f Ho*olulan. I : kllure, I "- ql rp - F!n69 artl errtLyr:er:le,rl tt Iaccordaw w,lh sla!(! lit* al,d I 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-O2-22 Minor Temporary Employee Housing 41-31-2001 .doc Page 2 8t212001 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5'0'z 'z2o$fl? 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 T:\dpesnichaku-and Use 2007\Tex1 Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Tomporary Employee Housing 41-?1-2007 .doc P,rge 3 8t2t2001 zoninsnesdllH:liYJ::i;TXi:'.:".:.",['lTfrTiil!fr DRAFT 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 T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonneI\DRAFT - Section 5-02-22 Minor Temporary Employee Housing 4 1-31-2001 .doc D. E. Page 4 8/2t2001 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 T:\dpesnichak\Land Use 2007\Text Amendments\,Essential Personnel\DRAFT - Section 5-02-22 Minor T'emporary Employee Housing 4 7 -31-2007 .doc Minor Temporary Employee Housing Regulalions Zoning Resolution of 1978 as Amended, Section 5 o'z 'z2,$l? 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. L. Page 5 81212001 zonnsnesorYlffi IiHJ::i5TXi:'.:?!:'['I3lr:8iil![ DRAFT 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). T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor T'emporary Employee Housing 41-31-2001 .doc 8/2/2001Page 6 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5'02'22 (New) DRAFT 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. 1':\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Scction -5-02-22 Minor 'l'emporary Employee Housing 4 1-31-2007 .d<tc ['age 7 8/2t2001 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5'02 22 (New) DRAFT iv. Decision by BOCC. The BOCC shall conduct the Reconsideration Hearing and, based upon the evidence received at the hearing, the Board "may 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 T':\dpesnichak\Land Use 2007\Texr Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor T'emporary Employee Housing 41-31-2001 'doc F'age 8 8t2t2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5'0'z 'z2,$l? 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' 'l':\dpesnichak\Land Use 2007\Text Amen<Iments\Essential Personnel\DRAFT - Section -5-02-22 Minor 1'emporary Employee Housing 41-31-2001 'doc I'age 9 8/212007 Minor Temporary Employee Housing Regulalions Zoning Resolution of 1978 as hmended, Section 5'02'22 (New) DBAFT 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. 1l:\dpesnichakv-and Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor 'llemporary Employee Housing 4 7 -31-2001 'doc I'age l0 8t212001 tr. Minor Temporary Employee Housing Regulations 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\DRAFT - Section 5-02-22 Minor Temporary Employee Housing 4 7-31-200'7 .doc Page I I 8/2/200'1 ;114eff Major Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5'02'21 DRAFT 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 ," ",. H $, I"# 1T?Y, 5 :$ffi HJ:[i.ffs !1fl ? DRAFT 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 ." ", " 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 ," ", " 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 M. N. o. P. R. 5. T. 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 Temporary Employee Housing 2.doc Page 6 6t12/2001 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 Temporary Employee Housing 2.doc 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 Temporary Employee Housing 2.doc 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 Temporary Employee Housing 2.doc 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 No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.472 / Virus Database: 269.8.151848 - Release Date:611312007 12:50 PM No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.4't6 / Virus Database: 269.10.81906 - Release Date:711712007 6:30 PM 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\Ir4inor Temp Emp Housing Options - 8-20-2007\Option 2 - Minor Temporary Employee Housing - Use By Right - Performance Standards.doc A. B. D. E. Page 2 8t17 t2007 t. 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) $907.2.9 and 5907.2.10 and the requirements of the relevant fire protection districts. Single-station carbon monoxide alarms shall be placed in each manufactured home or recreational vehicle unit. One (1) or more approved fire extinguisher(s) of a type suitable for flammable liquids, combustible materials and electrical fires (Class ABC), or dry chemical, shall be located in each manufactured home or recreational vehicle unit and placed in accordance with applicable codes. l Within 10 days fellewing the expiratien er ether terminatien ef the Miner Permit er represeded date ef remeval ident{fied within the Miner Permit; all heusjng etruet*rresr feundatiens and asseeiated previAe tne Oepan feunelatiens and asseeiateel irifrastrueture has been remeved within @ Domestic animals are prohibited at all Small Facilities. Each Small Facility shall have at least one (1)water storage tank with a minimum of 2500 gallons of stored water for initial fire suppression, operation of sprinkler systems (if applicable) and wild land fire protection. the sprinlrler system and initial suppressien aetivities, The size ef the water tank shall be determined based en sprinkler ealeulatiens and Faeility is leeated eutside the beundaries ef a fire preteetien distriet' than Eaeh Miner Faeility shall have at least ene (1)water sterage tanl< with a minimum ef 2500 gallens ef stered water fer initial fire fendJire-p+et€eties, The operator shall document all emergency situations requiring action by any government agency or fire protection district, in writing, and L. T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonnelMinor Temp Emp Housing Options - 8-20-2007\0ption 2 - Minor Temporary Employee Housing - Use By Right - Performance Standards.doc H. J. K. M. N. o. Page 3 8t17 /200'7 zoninsnesotllll;:li#'":Xi:Tfi"#"':'"'Hl3F':S,J$T$ 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 T:\dpesnichak\Land Use 2007\Text An.rendments\Essential Personncl\Ir4inor Temp Emp Housing options - g-20-2007\option 2 - Minor Temporary Employee Housing - use By Right - Performance Standards.doc Page 4 8t1712007 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\Irtlinor Temp Emp Housing Options - 8-20-2007\Option 2 - Minor Temporary Employee Housing - Use By Right - Performance Standards.doc Page 5 8t17DA01 zoninsResorrllff :l?H.":ii5TfJ""'.:"'::,fI35r:8{il!Ir DRAFT 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 T:\dpesnichakv-and Use 2007\Text Amendments\Essential Personnel\lt4inor Temp Emp Housing options-8.20-2007\Option3-MinorTemporaryEmployeeHousing-SnrallFacilityPermitand Minor Permit.doc from permit site, not subiect lot) Page 1 8t171?0a7 zoninsnesorYlffi li[,oJ:1i5Hi:f ?::'["I3Xr:!i?ii:fi DRAFT 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. T:\dpesnichak\Land Usc 2007\Text Amendments\Essential PersonnelWlinor Temp Emp Housing options-8-20-2007\option3-MinorTemporarl'EmployeeHousing-SmallFacilityPermitand Minor Permit.doc Page 2 8t17/2007 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), T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonnelWlinor Temp Emp Housing Options - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc A. B. Page 3 8t11t2001 zoningResotrYlff :liH'1:i5TXJ?l:".::,['lTir:!riU!,] DRAFT 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 T:\dpesnichak\Land Use 2007\Texr Amendments\Essential Personnel\lvlinor Temp Emp Housing Opti,ons - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc A. B, D. E, Page 4 8t11/2007 zoninsnesorlllffi I?Y;X'^5TIJ""":".:'"'''"'I3F,"Effi:lj (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' T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\i\4inor Temp Emp Housing options - 8-20-2007\option 3 . Minor Temporary Employee Housing - Small Facility Pcrmit and Minor Permit.doc Page 5 8t111200'7 t-. zoningResot,I'|ffi IiYJ::i::Xi:l:"'H,11.3er:Siil:U DRAFT 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 T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\Minor Temp Emp Housing Options - 8-20-2007\Oprion 3 - Minor Temporary Empioyee Housing - Smal1 Facility Pcrmit and Minor Permit.doc E. Page 6 8t17 t2007 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: T:\dpesnichak\Land Use 2007\Text Amendments\Essentiai Personnel\Minor Temp Emp Housing Options - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc Page 7 8t17 t2007 zoningnesor.lllH:li#'"::i5TxJ""f ?:.",'';lTF':8{il!fr DRAFT 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' T;\dpesnichak\Land Use 2007\Text Amcndments\Essential PersonnelMinor Temp Emp Housing oprions - 8-20-2007\option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc Page 8 81111?007 A. B. zonrngnesoJllffi Iiffi ::15Txi""":".:.",['I3rr:Siil:fi DRAFT 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\lr4inor Temp Emp Housing Options - 8-20-2007\Oprion 3 - Minor Temporary Employee Housing - Smali Facitity Permit and Minor Permit.doc Pa-se 9 8t17 /2007 zoningResor#ffi IiHJ::%;TXi""f ".:"1[I3Xr:8iil:fr DRAFT 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\lvlinor Temp Emp Housing Oprions - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc B. D. Page 10 8t17 /2007 E. F. G. H. J. K. t. 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\Minor Temp Emp Housing options - 8-20-2007\option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Pcrmit.doc Page 1 I 81t71200'7 N. o. o. R. 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonnelV\4inor Temp Emp Housing Options - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc Page 12 8t11t2001 A. B. zonnoResoJl'|ff :li#J::i5Tli:f ".Hil'l'8f,::!'?ii:l,l DFIAFT 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 T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\Minor Temp Emp Housing Options - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc Pase 13 8t11t2001 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel[\4inor Temp Emp Housing Oili;", - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc Page 14 8t1'7/2001 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, T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonnclWlinor Temp Emp Housing Options - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc Page 15 8/11t200"/ Minor Temporary Employee Housing Regulations 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 T:\dpesnichakU-and Use 2007\Text Amendments\Essential Personnel\Minor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporary'Empioyee Housing - Minor Permit'doc Page I 8t1112001 zonngnesorllff :liHJ:xiSTxJ:[:?H,flT5':B;]il:[ DRAFT 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 T:\dpesnichakV-and Use 2007\Text Amendments\Essential Personnel\Minor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporarl' Employee Housing - Minor Permit'doc Page 2 811112007 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\Ir4inor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permit'doc B. D. E. F. A. B. Page 3 8t1712007 D, E. Minor Temporary Employee Housing Regulations 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 T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\Minor Temp Emp Housing Ofii'on, - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permit'doc Page 4 8t1112007 ilt. IV. K. zoninsnesor.}'Iff :1iffi":iiSTfi:[:"':.",HlTrr:sirufr DRAFT 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: T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\Minor Temp En.rp Housing Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permit.doc Page 5 8t1112001 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. T:\dpesnichak\Land Use 2007\Text Amendmcnts\Essential Personnel\N4inor Temp Emp Housing Opdons - 8-20-2007\Option 4 - Minor Temporar.v Employee Housing - Minor Permit doc Page 6 8t171200'7 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 T:\dpesnichak[-and Use 2007\Text Amendments\Essential PersonnelMinor Temp Emp Housing Opti,ons - 8-20-2007\Option 4 - Minor Temporary Emplpyee Housing - Minor Permit'doc Page 7 8t11t2001 A. B. C. D. E. zoningResorlllff :liY'":X'^5Hj:f "'#;lT8':8iil!fr DRAFT 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\\4inor Temp Emp Housing opntns - 8-20-2007\option 4 - Minor Temporary Employee Housing - Minor Pcrmit-doc Page 8 8/17 /2007 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 T:\dpesnichaku-and use 200nText Amendments\Essential PersonnelMinor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permjt'doc Page 9 8111t200'7 o. P. o. R. S. 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 T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\lt4inor Temp Emp Housing options - 8-20-2007\option 4 - Minor Temporary Employee Housing - Minor Permit'doc Page l0 8t17 t2007 A. 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 T:\dpesnichak\Land Use 2007\Text Amendments\E,ssential Personnel\lt{inor Temp Emp Housing optlons - 8-20-2007\option 4 - Minor Temporary Employee Housing - Minor Permit'doc Page 1 I 8tl't/2007 zonnsResolllffi liffi":ii:Ili:[:".::,';I3i,:8iil!!i DRAFT 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\Minor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permit.doc F. G. Page 12 8t11t2007 €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 DRAFT ----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 DRAFT 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 7 T VrI {iu\-r'.+l#c _ !, -,{' ".,t f Fp/,3*Lx*":" cfurPoSr qw2-50 <*7Lla. 1Pz*g-&fioo --T9 .",-*-- i:.r{i." '*- - -. I "VWc' (nitO#ct EXHIBIT C r t t..\-1,!,t L)<nr.i> en t'u*,g r- t,' 3r il"'-* S*,*,** y,:t.,'pra.,", l- [/v\c L-.g s,, u. io{ tu q 70- 6Xs - zz k_{ urt ,-1 ---,4 ,I 1la 14* Szrz "?c. A., f it? Oi ll - t?ti1-'i ) .l{t ti- id-/, t 5Dlt G "', ai/1--t711 - (. 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