Loading...
HomeMy WebLinkAbout7.0 CorrespondenceJonathan M. Andercon Phone (303) 295-8566 Fax (303) 672'6508 jmanderson@hollandhart.com April 21,2008 VIA FACSIMILE AND U.S. MAIL Gartield County Board of Commissioners 108 8th Street Glenwood Springs, CO 81601 ite: Temporary Employee Housing Rcgulations Dear Commissioners: Stallion Oillield Services commends you lbr passing temporary housing regulations at the April 7, 2008 Garfield County Commissioner meeting. Garfield County assumed the unenviable task of being the hrst Colorado County to initiate such a thoughtful process to create a comprehensive county regulatory structure for temporary housing on designated oil sites. As you have recognized, temporary housing units located on these sites are regulated under f'ederal and state law. Perhaps most significantly, the Colorado Division of Housing will soon certify every unit prior to occupancy within the State of Colorado. In light of the existing layer of fbderal and state regulations, Stallion believes that the proposal you passed on April 7 strikes the proper balance of meeting the county's regulatory objectives without placing an undue and unnecessary regulatory burden on industry and county staff. We appreciate the fact that reaching a conclusion on this issue was not quick or easy; however, Stallion is confident that this structure will stand as a model for other counties to follow when they consider similar regulations. Thank you again for your leadership on this important issue. Stallion wishes to point out two minor issues that could become hurdles in implementing the proposal passed on April 7th. While neither of these issues presents a major flaw, we believe that minor adjustments could ease the process of implementing the new measure. These two issues are: . Qualified Third Party Inspectors - There appears to be an unresolved issue of whether there are a sufficient number of Professional Engineers located in the area to conduct third party inspections of Small Facilities. We note that this concern was initially identified by the Garheld County Building Department. Stallion proposed additional options for third party inspectors, including researching the Building Department's suggestion that the International Code Council was a viable option. We do not question the Building I.tOLLAN D&HART. tI i Holland & Hart rrp ' .r [303] 295-8000 [J03] 29511)61 555 17th Street 5uite 3200 D{nver.CO 40202 www.hollandhart.com i P.O.Box8749 Denver,CO 80201 8749 Billings Boise Cheyenne larkson H,)le B:',,ffi B:;*"f #Tlllil"liTJl;trfl"T,H?::*:T"1:"J"'J##:;:31""';1"ffi mfffi vED APR 2 4 2008 GARFIELD COUNTY BUILDING & PI.ANNING l-asVeqas SdltLakeCity SantaFe Washinqton,D.C. :Denver Aspen Boulder ColoradoSprings DenverTechCenter HOLLAND&HART TU i il : /:\ tj ., ) j ,!:. ;1 ,"it:i.# April 21,2008 Page 2 handle the workload has not been addressed or resolved. We simply suggest that the Building Dcpartment should provide a deflnitive conclusion as to whether there are an adequate numbsr of Professional Engineers in the area to handle the anticipated workload. If there are not a sufficient number of Professional Engineer's available, perhaps the Building Department can identify another sector of professionals that could conduct the third party inspections. One potential option is that you simply expand the list to include third party inspectors that are certified by the Colorado Division of Housing. While these inspectors may not be located in the area, they could at least provide a temporary solution if the Profbssional Engineers are overloaded, especially at the inception of the regulation's implementation. . Effective Date - At the conclusion of the Commission meeting you indicated that the efl-ective date of these regulations would be September 2008. As you know, Stallion has worked closely with the Colorado Division of Housing to establish a comprehensive state system that ensures every factory built structure is certified by the Colorado Division of llousing prior to occupancy. Proof that this certification has been completed will be demonstrated by state insignia installed on each unit. l'he state system will go into effect in ten months, beginning March 1,2009. Garfield County's regulatory system will utilize certain information from the state's new regulatory system, including proof of state certification. While a modified county system could be implemented up until March 1,2009, we suggest that applying a March l, 2009 effective date for the county regulations would eliminate the need for a modified approach up to March 1,2009 and would allow time to identify and enter into contractual arrangements with 3rd party inspectors. Aligning the effective dates at the county and state level would ensure a streamlined approach and provide an efficient transition to the new comprehensive regulatory structure. Again, Stallion commends you for completing a diligent process that has resulted in a comprehensive regulaiory structure for temporary housing that serves the interests of all parties. We believe that the two minor adjustments outlined above would allow the County to avoid obstacles in the implementation this new regulatory structure. Thank you again for your hard work on behalf of Garfield County on this issue. Sincerely, . -,r ' ,luu , uf (.. y.,* t-<-.r**-..-- ..1, Jofiathan M. Anderson Counsel for Stallion Oilfield Services cc: David Pesnichak, Garfield County Memorandr,rm To: Fred Jarman, Director Andy Scfn alb, Chie,f fuiHirg Official Carc[,]r1 Dahpren, DepJty Cor;ntyAttorney From: David Pesnichak, Senior Planner Date: 411512008 Re: Outcome of April 7,2008 BOCC Hearing ln order to ensure that we are all on the same page regarding the approved Temporary Employee Housing Regulations from the April 7, 2008 BOCC hearing, I have put together the following outline: Date of lmplementation: September 1, 2008 Small Temporary Employee Housing Facilities: Building Permit Exempt (Code Amend.) Fire Code Exempt (Code Amend.) Notification to FPD & Sheriff Notice Only, no Sign-Off OccupancyRange 1-8 Occupancy Count People Site Plan/Map Req. (Staff/PC 5.02.23) Yes ISDS Proceed wi Gen. Permit (Code Amend?) Fees $SO/Checklist RecreationalVehicles Not Permitted Perf. Standard L 2500 gal. min. capacity w/ review & change from "and" to "and/or'' between Sprinklers and lnitial Fire Suppression Third-Party I nspection "Manufactured Homes" Notice Timeframe Essential Personnel Perf. Standards April 15, 2008 Colorado Licensed PE Replace with "Factory Built Nonresidential Structures" 48 Hours Following Remove, replace with "The Small Facility shall be occupied by eight (8) or fewer employees, contractors or sub- contractors of the operator who are needed for onsite safety of the related commercial, industrial, extraction or highway operation." lnsert Proposed Q & R, below O. The Operator shall obtain a certification inspection conducted by a third-party independent Professional Engineer Licensed in the State of Colorado, The certification shall verify that at the time of inspection the identified Small Facility meets or exceeds the standards set forth in Section 5.02.23 of the Garfield County Zoning Resolution of 1978, as amended. This certification shall be on forms provided by the Garfield County Planning Department. The certification shall be provided to the Garfield County Planning Department within 48 hours following occupation of the Small Facility, R. The Operator shall accurately complete an Administrative Checklist provided by the Garfield County Planning Department identifying the location of the facility (Sectionffownship/Range, relevant Tax Parcel Number, and GPS coordinates or Latitude/Longitude coordinates), relevant zone district, maximum number of occupants; cumulative amount of time (in days) that the Small Facility will be at the specified location; identification of the State or Federal permitting agency overseeing reclamation, rehabilitation and revegetation of the Permitted Site and relevant permit number; date of installation; date of removal; name and contact information of the relevant landowner; name and contact information of the Operator; 24-hour emergency contact information for the Operator; building information (make, manufacture year, serial number, size (square feet)); signature and contact information of the Operator's contact person. Minor Temporary Employee Housing Occupancy Range Occupancy Count AWDP Noticing Fee Major Temporary Employee Housing Occupancy Count Fee April 15, 2008 I -24 People Keep 200'from Permitted Site in RL Plateau & 200'from Subject Lot in all other zones Same as established People Same as established \ll[tl['tJh, Congress ln llfzrxt hr toanuoitJ kion TO: Garfield CountY Commissioners FR: Matt Sura, Western Colorado Congress DT: 3/ tolos RE:Western Colorado Congress comments on the Sept''[' 2008 n-o,,)mont n{thp Gnrfiil.d. Counfo Zonins Rewlations - Tem/ To Garfield CountY Commissioners, western colorado congress and our member group, Grand vauey citizens Alliance are asking that you postpone any .fru.rf", to the Garfield Couity land use code regarding "Temporary Employee Housing" until changes can be drafted to ensure propertyow.,".,ilghtt *iU b" upheld and that all facilities will be permitted by the county to ensuie tuf"ty for workels and nearby residents' Our concerns about the proposed changes can be summed up as: 1) The proposal is "arbitrary and capricious" since it exempts one-industry from any permitting requiremenir *frif" keeping the requirement on every other industry or landowner' 2) The proposal for "small facilities" (rz beds) should be subject to administrative permit requirements as outlined in minor permit (sec. 5.O2.22)which includes expressed land-owner consent. S) We qlestion the need for "essential personnel" to live or sleep on location' 4.) The lack of any meaningful oversight uy ar]o.lvilg "small temporary employee housing" as a ,,,se by right,, could very rvell lead'to ,nrafe livirig conditions for the employees as rvell as environmental damage io the land from potential unsafe water and server systems' 5) The proposa] to grant ..administratil'e permits', for ..temporary employee hoursing,, for up to 2b people *'iit a"'"y concerned p'blic the right to comment on these facilities' Western Colorado Congress is an alliance for community action for-rnded in 1980 that empolvers people to protect u.rd "rihunce their quality of life_in w..i".n Colorado. WCC's Garfield Cor"rnty chapter is the Grand Valley Citizens Alliance. GVCA has been rvorking to protect the communities and quality of life i., tt" Grand valley for the past ten years by rvorking-to ensLlre oil and gas extraction is done is a responsible manner wit^h due reipect for the people and environment' Community Alliance of the Yampa Valley ' Roun County Sheep Mountain Alliance ' San Miguel County Concerned Citizens Alliance ' Meso County Uncompahgre Valley Association ' Monttose County Grand Valley Ci6zens Alliance . Gorfield C.ounty WeCAN ' Meso County young odults Ridgway-Ouray Community Council ' Ouroy County Western Slope Environmental Resource Council ' Delto County g wcc is a member group of the Western organization of Resource councils and community shares of colorado Main Office 124 North Sixth Street PO Box l93l Grand Junction, CO 81502 s7 0-256-1 650; 970-245-0686 hx info@wccongress.orS Em\lqtee Housing: Comments on the proposed changes to the Garfield County Zoning regulations: l) the proposal is "arbitrary and capricious" since it exempts one industry from any' permitting requirements while keeping the requirement on every other industry or landowner GVCA and WCC recognize that there is a serious housing shortage in Garfield County. Thehousing shortage affects every industry - building, ski industry, ranching, the oil and gas industry and even our sci'ool district. 'ihe problem with the proposed amendment is that it grants exemptions only to the oil and gas industry. There is mentiorrthat the regulations could be used for "commercial, industrial, iineral eilriction or highzaay operationi' (Sec 5.02.23 t1:) but the requirement that they be on a "state orfederally permittedpircel; siems to only apply to the oil and gas industry. If this regulation truly applGs to all clommercial industriis we believe that it would be commonly used by th; building and ski industry as well as many landowners. The rest of Garfield County citizens mLrst abide by the "camper park" regulations. "Camper park" is defined as, "Any lot which has been designed, improued or usedfor the parking o{*o (z) or more_camper aehicles and/or tent campersfor human habitation." (Zoning Res. 2.02.11) and requires special use permits in the agriculturai/industrial and agricuitural/rural residential zones (s.ot.os and s.oe.os)' thrr, it is arbitiary and capricious that an oil and gas company could have- temporary campsites for up to tZ people wiihout a heari.rg or permit, but a landowner on the same land would have to obtain a special use permit for exactly the same facility if it had two or more tents. The oil and gas industry already has been granted rights that no other landowner or industry enjoy' In current.Jgulutiors, -u ""u-pl. park" is not aliowed in residential, urban and suburban zones even rvith a special-qse permit. Yet "temporary employee housing" for the oil and gas industry consisting of the same kind of distr,rrbance is allorved in those areas' As rvas stated in the (z-o+-zoos) Garfield County Commissioner hearing most of these facilities are expected to be located in the "Resource Lancls" ione. In that zone, a "camper park" is allowed by special use permit in only the " gentle slopes and lorver valley floor" portion of the zone. I n that same ztne, horvei'er, temporary employee hor,rsing may be allowed anyrvhere. Norv to fgrther complicate the issue, the proposed amendment is to allorv smaller temporary employees hor.rsing as a "use by right" - noC."quiring a permit. Even a landorvner who has drilling urd t"-po.o.y "rrrployee holrslngTacilities on their property rvould not have the right to have similar facilities on their property rvithout a permit. Thus, it appears that the County is denying landowners, and all other industries, the same sort of rights they^are granting the oil and gas inJustry. No other landowner or industry ha-s the-right to site these iacilities uryih"." they wish. No other landowners or industry is exempt from having to go through a permitting p.o""... For these reasons the proposed amendment is arbitrary and -apricious and shor.rld not be adopted into regulation' a) theproposal for "small facilities" (rz beds) should be subject to administrative permit' ."qoiru-ents as outlined in minor permit (sec. 5.09.22) which includes expressed land- owner consent. If the county is prepared to give the oil and gas industry the right to provide temporary employee housing for as -""i;; ,i* p8opl" (rz beds?)in private p.op..{ thenihey should at least be subject to the to administ.u,i,r" p"r*ii."qui."..rerrt, as futlined in mintr permit (sec' 5'O2'22)' These requirements not only give the Countyu -"unitrgful role and ability to ensure public safety (described in +. below) but also requiresthem to E.rr,.,r" that the o*-.,.. of the land has allowed this use of their p.operty (s.oz.zz7e1 fi;. We believe that provid-ing pro-of that the landowner agrees to the use of his property for temporary "-ri* housing is of cr"itical importance to all Garfield County landowners. 3) We question the need for "essential personnel" to live or sleep on location' wh*e there is no do,rbt that safety personner and other "essentiar personnel" are needed on an active drilling location, there is no need -fb; th"r" peopl-e to live there full-time or to sleep there' (If they are "essential" why are they sleeping?) rZ-houi snifts are common in the oil and gas industr/' as in other industries. Allowing up to six (or r2?) people to live ata.rocation that may be right off I-7o is not for safety but for reducing housing .or,, ioil-fi" operator. There may be u t'"Ld for additional housing if a rocation is on federal rand - over two hours u*uy f.o- any torvir - but those cases are limited and should be dealt with through a permit process' we understand the need for a trailer to serve as an oflice on rocation bLrt it primary purpose would not be for providing living quarters' a) The lack of any meaningful oversight by allowing "small temporary employee housing" as a .,use by right,, could very welliead io. unsafe-living conditions for the employees as well as environmental damage to the land from poteniial unsafe water and sewer sYstems. The (z-zz-08) memorandum the planning staffha.s prepared brings some do,ubt that the performance standards verified at the building p".-i,'.,uge rvill t"-r".y meaningfuly enforced. In the 2-o't-20o8 minutes commissioner Martin compared thJrelative lackof regr'rla.tions on smaller temporary housing facilities to those regulations for "remote cabins". The real difference is that these temporary housing facilities are not intJnded for occasional recreational use but are a place of rvork' The rvork on a drirl rig is dangerolls enough. lvrry r"or,rJn't the co*nty rvant to ensure these rvorkers had safe places to live? There has also been some discussion by Environmental.Health Manager Jim Rada abor'rt the lack of adequate water and server in many of ,i"." facilities. This could not Jnly endanger the rvorkers br'rt courd also lead to contamination orroit una water for the landowners or any nearby resident who is using r,vell lvater. 5) The proposal to granj "administrative permits" for "temporary employee housing" for up to 2,1,people will deny "or,""rr"a pouti" the right to comment on these facilities' We further object to medium-sized "man camps" ('P to 2rlpeople) being allowed to pursue an ',administrative permit". Faciliti", t orti.rg Zi p"opf" *ouli be of obvious concern to nearby residents and they should be allowed to comment' We would not object to an administrative permit if the facility is to be located in a remote region where there are no nearby neighbors or if ihe facility is for eight or less people (as stated earlier). We do sincerely hope that the proposed changes to the temporary employee housing regulations are not adopted. GVCA and WCi *oUa like to issist Garfield County adopt countyoil and gas regulations that will help protect landowners, industry employees, and the beautiful county we live and work in. Matt Sura Energy Organizer Western Colorado Congress Memomn&rm To: John Martin, Garfield County Commissioner Treci Houpt, Garfield County Commissioner Larry McCown, Garfield County Commissioner Ed Green, Garflreld County Manager CC: Fred Jarman, Building and Planning Director Andy Schwaller, Chief Building Official Dean Tinsley, Williams Petroleum RMT, Co. From: David Pesnichak, Senior Planner Date: 2/20/2008 Re: Temporary Employee Housing - Chronology of actions in response to letter from Williams Petroleum RMT (Dean Tinsley), dated2-12-2008 Following the receipt of a letter from Dean Tinsley of Williams Petroleum RMT Co. dated February 12,2008, Building and Planning Staff have compiled a chronology to help the recipients of this letter better understand its assertions. Staff understands and appreciates Mr. Tinsley and Williams Petroleum RMT CO.'s right to their opinions as well as their right to comment on legislative actions before the BOCC. However, the information represented in the third paragraph of this letter regarding the time between submittal of various applications to Garheld County and their approval or CO is misleading at best. Staff provides the following comments and chronology to provide a more thorough light on the assertions made by Dean Tinsley in this letter. ',Over-the-counter" permitting. The regulations in place today do not permit o'over-the-counter" land use permitting for Temporary Employee Housing facilities. Doing so would violate current regulations as the Special Use Permits require a noticed public hearing with the BOCC. As such, only the BOCC can issue Special Use Permits, which is necessary for all Temporary Employee Housing facilities in Garfield County. In regards to the proposed land use regulations for Temporary Employee Housing, Staff has made the representation that the administrative land use permits could be issued over the counter under the Area Wide Development Plan option scenario. However, Staff has made no representation that building permits could or would be issued over the counter. Further, Staff has developed the proposed Area Wide Development Plan option for administrative permits to help expedite building permit issuance. Such a system is not in place today. February 20, 2008 rextAmend'"'jil',1'"1-,ff 1ffi1ffi,t'#i'#x;ffi"1;:?'ffi ;T'inpracetodav Application Submitted: September 5.2006 Technical Compliance Established: September 14,2006 Planning Commission Hearing: October I l. 2006 BOCC Hearing: November 13.2006 Resolution Signed by BOCC: December 4,2006 Summary Total time requirement from Submittal, PC, BOCC and Resolution: 89 Days Special Use Permit - Trail Ridge Temporary Employee Housing Facility (Central Facility - ISDS off Pad) (Processed concuruently with Text Amendment ond could NOT be approved prior to approval of afor em ent ione d T ext Amendmenl app I i c ati on) -Applicant: Chevron USA, Inc. (Williams Prod. RMT Co. - Operator) SI IP Annlicafion Suhmitted:Seotember 15.2006 Non-Technically Complete Letter Sent: October 4,2006 Technical Compliance Established:October 19,2006 BOCC Hearing: December 4. 2006 Resolution Signed by BOCC:January 5,2007 Staff Meeting with Dean Tinsley: July 31. 2007 Mr. Tinsley explained that W'illiams had occupied the Trail Ridge Temporory Employee Housing facility, but hqd NOT applied for a Building Permit due to q hold up with the State Division of Housing. He went on to say that the facility was not occupied at that time. Mr. Tinsley expressed his promise to get the permit application into the Garfield County Building Department ASAP. Violation Letter Sent to Williams: November 2. 2007 Staff had provided Williams over two (2) months to submit a Building Permit application to Garfield County WITHOUT the issuance of a notice of violation. At this point, Staff sent a Violation Notice to Williams providing another 30 days to remedy the violation. Building Permit Submitted: November 19. 2007 Building Permit Sierred: December 10.2007 Williams Granted Ext. of SLIP for I yr. by BOCC: December 10,2007 Williams testified to the BOCC thot the Trail Ridge facility was not occupied at that time since the BP and CO had not been issued. Williams Picks up Building Permit: January 9, 2008 Garfield County Inspects Prop. For Final: January 16. 2008 Noted three (j) deficiencies: tie downs not installed properly, no electrical /inal, and no fire suppressionfinal. Status Update Requested by Williams: January 22,2008 Garfield County informs Williams of outstanding items. Williams emailed three (3) page list of elecnical violations noted by the State Inspector. Violation Letter (No CO) Resent to Williams: January 23,2008 Summarv Total time requirement for SUP:110 Days Time following approval of SUP to submitting BP: 314 Days Building Permit Issuance time:21 Days 2 Time to CO: February 20, 2008 Deficiencies not rectified as of February 20, 2008 - No CO Issued Special Use Permit - Allen Point (Well Pad 22-24-696) (Central Facility - ISDS off Pad) -Applicant: ExxonMobil (Williams Prod. RMT Co. - Operator) SUP Application Submitted: October 10" 2007 Technical Compliance Established: October 25,2007 BuildinLrPermit Submitted: November 20. 2007 BOCC Hearine: December 17.2007 Buildine Permit Siened: December 17. 2007 Issuance of BP had to be placed on hold until Conditions of Approval werefulfilledfor SUP. Buildins Peruit Issued: December 27. 2007 Final Inspection Conducted by GarCo: December 28. 2007 Garfield County informed Dnid Logan of Outpost Office that final was pending a final electrical inspection. Latest Activity: January 10, 2008 David Logan of Outpost Ofice conceded to getting electrical inspection. No new information as to whether an inspection has been conducted or that a permit wqs issued. Summary Total time requirement for SUP: 67 Days Building Permit Issuance time: 37 Days (overlap with SUP approval) Time to CO: Deficiencies not rectified as of February 20, 2008 - No CO Issued 3 Memorandum -l-*r*",t a4 SAg ^ €2q .',/ {7.a *? CC: From: Dab: Re: Fred Jarman, Building and Planning Director Andy Schwaller, Chief Building Official Carolyn Dahlgren, Deputy County Attorney David Pesnichah Senior Planner t0l3t/2007 Temporary Employee Housing - Options for a StaffRecommendation to the BOCC on tUt9/2007 Following the recommendation of Approval from the Planning Commission on September 12,2007 regarding Temporary Employee Housing, several issues have arisen which could prompt Staffto make a recommendation which differs significantly from the Planning Commission recommendation. As this process as proposed is interwoven with other County processes and could have a potentially major impact on County resources, it is important that the Staffrecommendation is cohesive and efftcient. To this end, I have put together the following list of options and analysis for each identified option at this time: Major Temporary Employee Housing Facility (25+ Beds) -No Changes from PC Recommendation. Minor Temporary Employee Housing Facility (7-24 Beds) - Eliminate the option for an Area Wide Development Plan (-AWDP). This option was created as a means to create a more efficient process for both the County Staffand the applicant to permit multiple Minor TEtIFs at one time. With the creation of a third tier (Small TEHF), it is my opinion that the AWDP will not be a used enough to justiff creating another process within the LUC. ^ 4 I..- .Asallof -n -' {'fort i tt" ln"- ffHf *" to be on a state or federally permiued location;r *"ll us *uint i"i"g 7@ - ) J consistency with the spirit of an administrative permit, it is my opinion that noticing from the site is 7, ,* r, , I more logical than noticing from the subject parcel. "ff" ryt;7i tG",, remporary Employee Housing Facility (l-12 Beds with%occupancy) Sf o / -f / - eltowing for the V, occtpancy is essentially unenforceable. It is my view that we can go in three ' ,fl {t I ) I directions here: I ) eliminate the % occupancy requirement and change the threshold for the Minor 1,4 Nt' -'z /i TEHF to 13-24 beds; 2) eliminate the % occupancy requirement and change the threshold for Small / I TEHF to l-6 beds; or 3) maintain the recommendation by the PC. At this point, I am more apt to hold I I tne line with the PC while mentioning the other options to the BOCC.l{, L-v dr"y?,?r October 31, - The primary issue facing Staffin terms of a recommendation to the BOCC is in terms of the Small - TEfm and dealing with RV's. From my perspective, I see that we have five options:DT)tq l) Allow RV's to exist as a use-by-riglrt with no building permit or other land use oermit as lone as(- tne@ce standa.ds inclrding all submittat.eoui.ements. rnir.e*. that there is no review process to ensure that the submittal requirements were conducted or are accurate and complete. In addition, we are then relying on straight zoning enforcement to deal with any submittal deficiencies since there is no perrrit to enforce. 1 2) [nstitute Section 107. "Temporary Structures and Uses" within the Building Code. The building) .od-" ,"q,ri.", that this be "uniform for each class of dwellt"& brtldrgJ. rt ."t*"". In the building world, this means that we will then need to issue building permits for temporary trailers at construction sites, which we currently do not do. In addition, as Section 107 is writterU "such permits v shall be limited as to time of service, but shall not be permitted for more than I 80 days . . . [In J addition,l temporary structures and uses shall conform to the structural strength, fre safety, means of nt I . egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure U # .x\ the public health, safety and general welfare". So it appears that we would need to modiff the 180 -(U )Esdays to one year to stay consistent with the Small TEHF as it is written today. In addition, we willI ,\0 need to determine if the ANSI stamp is adequate to ensure that the RV will meet our building code.\tr q 3) Eliminate the "Small TEHF" all togethgl. Right or wrong, we now have the Small TEHF as a use-(uv@lctocarryiotheBoCC.AwaytohandletheissuewiththeRV,s is to revert back to the Staffrecommendation prior to September 12, which required all TEHF's to get a land use perrnit. By eliminating the Small TEHF section, we can go back to this scenario which works with the rest of our codes. I +l Create a "Temporary Use Permit" for only RV TEHF's. This option creates a separate land use permit administered by the Planning Department for the sole use of RV's at Small TEHF's. Although this appears that it could work well on paper, I see the purpose of this exercise to create an easy, less complicated process, not additional processes for very specific circumstances which the Planning Department then has to review and track. For all practical purposes, I see this as simply digging our hole deeper, not creating a solution to the problem at hand. In addition, the issuance ofa land use permit for a use-by-right is not consistent with the whole idea of a use-by-right. This would presumably make the RV scenario more complicated for the applicant, but it would ensure that the RV's are reviewed by the Planning Department and have the issuance of a land use permit without creating an additional process for a very specific situation. More specifically, the RV Small TEFIF's would become an administrative permit whereas a manufactured or pre-fabricated facility are a use-by-right. At this point, I am recommending against options 3 and 4 while preferring option 5. 2007 @'f*Lby r?vls 5F( 6c)l ,i-Vo'& €- 0e "4'U'A/ Z;.phw {- frn, /' z{4/zs: (/ Us e'L"r'/*ghfVV 2 Garfield County To: Frorn: Dab: Re: BUILDING & PI-4NNING DEPARTMENT Public Review Garfield County Planning Department; David Pesnichak, Senior Planner 8t17t2007 Temporary Employee Housing Following comments and concems expressed by the Garfield County Planning Commission and the public at the August 8, 2007 Planning Commission meeting regarding the formulation of an administrative permit process for Temporary Employee Housing, County Staff has prepared four options for further consideration. Pending discussions to be held at the August 22,2OO7 (9:OO AM to 12:00 AM) public meeting, County Staff has not placed formal preference on any one option over another, but will take comments and suggestions on the various options (or new proposed options) at the August 22 meeting to find the best approach. County Staff will consider the comments and suggestions received at the August 22 public meeting and present a prefened Staff option to the Planning Commission on September 12, 2007 (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 Districts- No Land Use Permit lssued) Option 2 - Use by Right with Performance Standards - (One to six employees permitted as a Use by Right in all Zone Drsfncfs with Pertormance Sfandards checked at Building Permit - No Land Use Permit Issued - Regules amendment to Building Code) Option 3 - Smal! Facility Permit and Minor Permit with reduced noticing rcquiremenb - (Reduced noticing rcquircments for Small Facility Permit (one to six employees) and reduced noticing requirements for Minor Permit (seven to twenty-four employees)) Option 4 - tinor Permit - (Functionally similar option to that prcposed to the Planning Commission on August 8,2N7) Please note that any language which has a stdkethreugh in the attached options is proposed to be removed while any language in bold is an addition to the original language. Due to the large amount of changes made to the aftached documents from the original as presented to the Planning Commission on August 8, 2007, 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. 108 Eighth Street, Suite 401 . Glenwood Springs, CO 81601 (970) 915-8212. (970) 285-7972. Fax: (970) 384'3470 zonnsnesoJllffi IiHJ::15H.:[:".::,HITX,:!|ili:l,; DBAFT Option 1 - Use by Right Use by Right in All Zone Districts No Performance Standards Add 2.02.494 to define "Small 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 purposes], during times of housing shoftage, 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 state 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 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 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, 3.08 CG, 3.09 OS, 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 Amendments\Essential PersonnelU\4inor Temp Emp Housing Options - 8-20-2007\Option I - Minor Temporary Employee Housing - Use By Right.doc Page 1 8/11/2007 \ zoningResorjllffi Ii#J::i:Ifj:'.:".3:,HlTXr:8;?ii:l,l DRAFT Option 2 - Use by Right with Performance Standards Add Section 5.O2.23, 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" REQUIBES 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: Small. On-Site Temporarv Emplovee Housino (Small Facilitv(ies)) (1) Small Facilities, in the nature of manufactured homes [as defined under C.R.S. 42-1-102 (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 quarters and not recreational purposesl, 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), belowj Direeter (Direeter)' threugh the Miner Permit preeese. 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. 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 7lo 24 individuals or (2) houses 25 or more individuals at any one time, (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, T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonnelVt4inor Temp Emp Housing Options - 8-20-2007\Option 2 - Minor Temporary Employee Housing - Use By Right - Performance Standards.doc Page 1 8/11/2007 Minor Temporary Employee Housing Begulations Zoning Resolution of 1978 as Amended, Section 5.02 22D$le;? standards and requirements contained in Section 5.02.21 (Major Permit) ot 5.02.22 (Minor Permit) and the enforcement provisions contained therein, and in Section 9.01.06. (2) The Small, On-Site Temporarv Housinq Facilitv shall adhere to the followino Small Facilitv Standards: All submittal requirements, application forms, 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 following standards at the time of building permit application: A. Small Facility must comply with all applicable federal, state and local laws and regulations. B. lf the Small Facility contains recreational vehicles, such vehicles shall comply with ANSI/NFPA 1192 standards {or recreational vehicles. C. te the Ceunty er any interested third party upen request; te D. ln no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground sur{ace. 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 des.ignee within 72 hours from the time the contaminated water was tested. E. 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 fsderal, state and local laws and regulations. F. 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. G. 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\l\4inor Temp Emp Housing Options - 8-20-2007\Option 2 - Minor Temporary Employee Housing - Use By Right - Performance Standards.doc Page 2 8/17t2007 Minor Temporary Employee Housing Begulations Zoning Resolution of 1978 as Amended, Section 5.02 rrD$fJ? Outdoor food storage is prohibited attraetien et anlma 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 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 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 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. Within '10 days fellewing the expiratien er ether terminatien ef the Miner Permit er represented date ef rerneval identified within the Miner Permit, all heusing strueturesr feundatiens and asseeiated previOe tne Bepart feurCatiens and asseeiated infrastrueture 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 sprinkler system and initial suppressien aetivities, The size ef the water tank shall be determined based en sprinkler ealeulatiens and initial suppressien demands, The size ef the water sterage tank shall in€+ Faeility is leeated eutside the beundaries ef a fire preteetien distriet; than Eaeh Miner Faeility shall have at least ene ('l) water sterage tank with a minimum ef 2500 gallens ef stered water fer initial fire lenC++e++e+e€+ien- The operator shall document all emergency situations requiring action by any government agency or fire protection district, in writing, and T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\lt4inor Temp Emp Housing Options - 8-20-2007\Option 2 - Minor Temporary Employee Housing - Use By Right - Performance Standards.doc H. t. J. K. L. M. N. o. Page 3 8/17t2007 P. o. Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0, ,rD$lel? such documentation shall be presented to the Building Department 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 Transportation. The Gadield 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. The Operator shall maintain records identifying workers, whether employees or sub-contractors, and documenting the dates that each worker is housed at the Minor Facility. Such records shall be provided to the County or any additional third party upon request, 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 Minor Facility. ln addition, all vault systems shall be equipped with an overflow alarm device. Vault systems shall be designed to accommodate a minimum o'f 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 maintained for safe and regular access for sewage hauling vehicles. R. S. 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, then it shall be designed, installed and operated to accommodate the maximum number of persons who will inhabit the Small Facility and shall otherwise 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 Facility in compliance with Section 5.02.23" will be added as a use by right in the 3.01 A/1, 3.02 A/H/RD, 3.03 T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\N4inor Temp Emp Housing Options - 8-20-2007\Option 2 - Minor Temporary Employee Housing - Use By Right - Performance Standards.doc Page 4 8t17/2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02 rrD$l? RLSD, 3.04 RLUD, 3.05 RGSD, 3.06 RGUD,3.O7 CL, 3.08 CG, 3.09 OS, 3,10 RL, 3.11 F/MHlGlUD,3.12Ll,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 recreational vehicles as removable housing, utilized for a period of time not longer than one year, for workers who are engaged 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 2.02.421; 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 5.02.22. 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 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 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\It4inor Temp Emp Housing Options - 8-20-2007\Option 2 - Minor Temporary Employee Housing - Use By Right - Performance Standards.doc Page 5 8/11/2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0, 22D$fl? Option 3 - Small Facility Permit & reduced noticing for Minor Permits Addition of "Small Facility Permit" (1-6 individuals) Reduced Notice Requirements for Minor Facility wilh 7-24 individuals (noticing from permit site, not subject lot) 5.02.22 - Administrative Permit for Small and Minor Temporarv Emplovee Housinq Facilities. (1) Administrative Permit for Small and Minor Temporary Employee Housing Facilities: (l) Administrative Permit for Minor Temporary Employee Housing Facilities (Minor Permit): Minor Temporary Employee Housing Facilities, in the nature of manufactured homes [as defined under C.R.S. 42-1-102 (106) (b)] and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposes], may be granted land use approval for projects related to commercial, industrial, mineral extraction or highway operations in any Zone District by the Building and Planning Department Director (DirectoQ, 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 GarJield 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 permitted parcel (such as a Colorado Oil and Gas Conservation Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); and, 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 seven (7) to twenty-four (2a) individuals at any one given time. Temporary employee housing facilities that do not have the three characteristics listed above, i.e., (1) houses 1 to 6 individuals or (2) houses 25 or more individuals at any one time, (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 T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonnelMinor Temp Emp Housing Options - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc Page I 8t11t2001 zoninsnesorrllffi liffiTi5Tfi""'.:i:."'[1Tfr:#?ii:l,; DRAFT requirements contained in Section 5.02.21 (Major Permit) or 5.02.22(1Xll) (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 tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposes], may be granted land use approval for projects related to commercial, industrial and mineral extraction operations in any Zone District by the Building and Planning Department Director (Director) through the Small Facility Permit process. Such housing shal! be of a temporary nature, and at the 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 Garfield 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 shal! 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 (COGCC) approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); and, B. The Small Facility is Iocated 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 lo 24 individuals; or (21 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 (Major Permit) or 5.02.22(1X!!) (Small Facility Permit) and the enforcement provisions, contained therein, and in Section 9.01.06. 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 Page 2 8/11t2007 Minor Temporary Employee Housing Regulaiions Zoning Resolution of 1978 as Amended, Section 5.0, ,2D$l? (2) General Minor Permit and Small Facility 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 or a Small Facility Permit by the Director prior to commencing installation of the facility. Minor Permit, Small Facility Permit and Area Wide Development Plan (AWDP): Each Minor Facility or Small Facility application shall be reviewed by the Director and an administrative determination made, in accordance with the process and timeframes outlined in Section 5, below. The Applicant, however, may choose to apply for an AWDP consisting of multiple Minor Facilities or Small 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 an AWDP must be the owner of the surface estate of the subject lot (Owner), consistent with Section 9 of this Zoning Resolution. lf a representative is acting on behalf of the Owner, an acknowledgement from the Owner shall be included with the application submittals required by Section 4, below. Such an acknowledgment may be in the form of a letter of authority/agency or a lease, surJace 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 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 re p resentative/agent. C. Public Notice and Notice to Sudace 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 propefiy owners within 200 feet of the Permitted Site scbj€€ile+, as identified in the Gadield 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 Gadield 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), 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 Permit and Minor Permit.doc A. B. Page 3 8t17t2001 \ zoninsResorlltrtli#J::i5Tfi""'.:"r!.1[lTlr:#'ili:l,] 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. Small 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 subject 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. A master map/site plan in accordance with Section 4(H), below, identifying the proposed location and anticipated layout for all Small or Minor Facilities 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. B. The master map/site 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 GarJield County Sherriff's Office, relevant fire protection district(s), and Gadield County Building Department consistent with Section (A) and (B), below. D. A legible photo of the state or federal "certifying stamp" for each housing unit anticipated to be used within the AWDP and demonstration that each proposed unit meets current building code and Gadield County fire code requirements. E. A general description of infrastructure and services listed in Section 4 T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\l\4inor Temp Emp Housing Options - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc Page 4 8fi1t2001 zoninsResorJll:T:li#J::i;Tfi:f ".3i'flTX,:8i?ffi l,l DRAFT (C) - (E), below. The detail required at the time of application for a Small or Minor Permit is not required at the time of application for approval of an AWDP. F. Proof that required 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 Small or Minor Facilities proposed within the AWDP, in accordance with the submittal requirements, standards, administrative review process and timef rames and the reconsideration process and timeframes, stated in Sections 4 - 7, below. (4)Submittals for Small or Minor Permit, including Small or Minor Permit applications for which an AWDP was previously approved: A. Sign-offs: review from the Gadield 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 Small Facility or Minor Permit need not resubmit the sign-offs. B. 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 which includes the Small or Minor Facility presently being permitted, the Applicant shall identify the housing units which will be used at the Small or 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 copy of hauler's CDPHE certification, frequency 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 sewage and wastewater, along with details regarding number and volume of sewage and wastewater vaults, name of hauler, frequency of pickup, identification of sewage disposal site, calculation of sewage and wastewater treatment demand 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 Permit and Minor Permit.doc Page 5 811112001 E. F. G. H. zoninsnesorrllffi IruIJ::%5Tfi:'.:".3.",'""1"3Fr:S!?ii:l,l DRAFT A general description of the system planned for collection and disposal of refuse, along with details regarding refuse collection, including number, type and volume of containers; name of hauler; frequency of collection; and identification of refuse disposal site. Consistent 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 identified in the Garfield 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 surface owner(s) of the subject lot, as identified in the Gadield County Clerk and Recorders records. 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 (number of days) that the Small or Minor Facility will be installed at the proposed location. 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: 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 relation to surrounding public roads, private roads, adjacent utility systems, residential development, other actively permitted Small, Minor and Major Facilities, natural drainage courses and municipalities within one (1) mile of the proposed Small or Minor Facility; north arrow and scale; GPS coordinates and current surJace 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 5'intervals. 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. ldentification of the private and public roadways accessing ii. 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 iii. Page 6 8t17 t2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0, ,2,$lei? 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 Garfield County, nearest Gadield 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 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 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 Administrative Determination: 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 Page 7 8t1l/2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0r 2rD$? Upon submittal of an application for a Small or 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 Director within fourteen (14) calendar days of submittal. Once an application for a Small or 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 in entitling an interested party to request judicial relief in the nature of mandamus. The expiration 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. 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 Small or Minor Permit and issue the Small or Minor Permit to the Owner of the subject lot or approve the application for approval of an AWDP, 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 Small or 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 mitigated through a condition(s) of approval, the Director shall deny the Small or 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 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), subjectlot separated mineral estate owners, andlor 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. T:\dpesnichakUl-and Use 2007\Text Amendments\Essential PersonnelMinor Temp Emp Housing Options - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc A. B. C. Page 8 8/11/2007 zoninsnesorr.lltrtliyJ::i;Ixi:[:".!"1["lTl,:#'?ffi l,] DRAFT 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 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 datein 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 party 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 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 Small or 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 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. 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. 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 Permir and Minor Permit.doc Page 9 8/11/2007 zoningnes,rl'Iffi Iil"J::i5TXi:f ".:.1['lTlr:#?il:l,; 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 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 Small or 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 Small or Minor Facility or AWDP with the regulations contained in this Zoning Resolution and, specifically, Section 5.02.22. (7) The Smatl 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. 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 (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 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 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 noxious 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\I4inor Temp Emp Housing Options - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc B. C. D. Page l0 8t11t2001 G. t. L. 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 H. E. F. J. K. Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02.22 (New) DRAFT 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. 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 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 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 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 Small or Minor Facility shall be Applicant's employees and/or subcontractors, working on the related commercial, industrial or mineral extraction operation, and not dependents of employees, guests or other family members. 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. No domestic animals are allowed at a Small or Minor Facility.M. Page I I 8/11/2007 N. Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0r rrD$? 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 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 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 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 Transportation. The Garfield County Sheriff's Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Small or Minor Facility. The Department shall be copied on all such notification, whether hard copy or electronic. The Operator shat! 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. Wastewater Disposal: i. 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 over{low 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 maintained for safe and regular access for sewage hauling vehicles. b. Provide a copy of the contract for hauling sewage. o. P. o. R. S. 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 Page 12 8/17t2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02 r3$? 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 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 operated in accordance with the Garfield County ISDS regulations as contained in BOCC Resolution Number 1 994H-1 36. (B) Enforcement: A. 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). B. 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 ISDS systems under the County ISDS regulations (adopted by BOCC Resolution 1994H-136). Any official pedorming 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 Garfield County Sheriff's Office will be reported to the Director. C. 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 9.01.06, 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 Flesolution, 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 of 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 infrastructure shall be removed within the foufteen (14) calendar days following the date of revocation. Proof of T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\N{inor Temp Emp Housing Options - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc Page 13 8t11t2001 zoninsReso,rlltrtli#J:ii,iTfi:'.:".:.1H1'gFr:3!?li:[; DRAFT removal shall be provided to the Building and Planning Department by 5:00 PM on the fourrteenth (14) calendar day. Such proof shall be in the form of photo documentation signed and dated by the Compliance Officer. D. Effect of a Bevoked Permit: A revoked Small Facility or Minor Permit shall not be renewed, and a request for approval of a Small Facility or 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 Small or 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) Small Facility or Minor Permits, the Building and Planning Director shall refer the fourth (4th) and all future Small Facility or 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. G. The offending Operator may be allowed to submit future applications for Small Facility or 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. Definitions: 2.02.51 2 Temporarv Emplovee Housinq Facilitv(ies): fhe use, during times of housing shoftage, 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 engaged 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 2.02.421; 2. Minor Facilities which house 7 -24 workers on a Permitted Site, as defined in section 2.O2.421; 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 5.02.22. 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 Page 14 8/17/2001 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02 ,e$? 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 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 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\l\tlinor Temp Emp Housing Options - 8-20-2007\Option 3 - Minor Temporary Employee Housing - Small Facility Permit and Minor Permit.doc Page 15 8/17t2001 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 (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 land use approval for projects related to commercial, industrial and mineral extraction 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 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 permitted parcel (such as a Colorado Oil and Gas Conservation Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); and, 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:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\I\4inor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permir.doc Page I 8/11t2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0r r2,$? 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 to be developed within an identified amount of time, using an accelerated administrative process, following approval of an AWDP, leading to multiple Minor Permits. Approval of an AWDP, however, does not guarantee approval of each Minor Permit. Administrative review is required for permitting of each Minor Facility, in accordance with the process and timelines contained in Section 5, below. B. ldentity of Applicant. The Applicant for a Minor Permit or for approval of an AWDP must be the owner of the surface estate of the subject lot (Owner), consistent with Section 9 of this Zoning Resolution. lf a representative is acting on behalf of the Owner, an acknowledgement from the Owner shall be included with the application submittals required by Section 4, below. Such an acknowledgment may be in the form of a letter of authorityiagency or a lease, sudace use agreement or similar document of legal effect demonstrating that the Owner has given the representative permission to use the surface estate for installation of one or more Minor Facillties. The representative may be the operator of the Minor Facility(ies) (Operator), a land use planner, engineer, consultant or any other type of authorized rep resentativeiagent. C. Public Notice: At the time of submittal of an application for a Minor Permit or approval of an AWDP, the Applicant shall demonstrate that notice was mailed to adjacent property owners within 200 feet of the subject lot, as identified in the Garfield County Assessor's Records; the Owner (unless the Owner is the Applicant and is not represented); and separated mineral estate owners, as identified in the records of the Garfield County Clerk and Recorder. Public Notice shall include at a minimum: name of the Applicant and representative (if different), description/map of the subject lot with proposed location of Minor Facility(ies), 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. A master mapisite 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 T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonnelU\4inor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permit.doc Page 2 8/11t2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02 ,2o$e$ individual Minor Permit application and not with the application for approval of an AWDP. B. The master map/site plan shall include a list of the anticipated dates of installation and removal for each Minor Facility. The list shall also include the estimated total cumulative length of time (number of days) that the Minor Facilities are anticipated to be installed at the proposed location. C. Sign-offs from the Garfield County Sherriff's Office, relevant fire protection district(s), and Garfield County Building Department consistent with Section 4 (A) and (B), below. D. A legible photo of the state or federal "certifying stamp" for each housing unit 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), 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 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. (4)Submittals for Minor Permit, including Minor Permit application for which an AWDP was previously approved: A. Sign-offs: review from the Gar{ield 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. B. Sign-off: review from the Gar{ield 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 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\N4inor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permit.doc Page 3 8t11/2001 zoningResor]lHtliffi"::%:Ifi:f "rYf"1Tx,:3!?ii:l,; DRAFT 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 copy of hauler's CDPHE certification, frequency 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 and wastewater, along with details regarding number and volume of sewage and wastewater vaults, name of hauler, frequency of pickup, identification of sewage disposal site, calculation of sewage and wastewater treatment demand and demonstration of adequate storage and/or treatment capacity. A general description of the system planned for collection and disposal of refuse, along with details regarding refuse collection, including number, type and volume of containers; name 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), as identified in the Gariield County Assessor's records, and a list of separated mineral estate owners in the subject lot, as identified in the Gar{ield 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 9.0'1.01 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 subject lot and the Permitted Site; general relation to surrounding public roads, private roads, adjacent 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; north arrow and scale; GPS coordinates and current sudace ownership of the subject lot. The vicinity map shall be presented on a USGS 7.5 minute 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: sewage and wastewater disposal, trash receptacles, potable water storage, all other associated T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonnelWlinor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permit.doc C. D. E. F. G, H. Page 4 8/17t2001 t. (5) Timeframe of Review and Administrative Determination: T:\dpesnichak\Land Use 2007\Text Amendments\E,ssential Personnel\l\4inor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permit.doc J. K. Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02 rrD$l? 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 Gadield County 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, GarJield 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 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. 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 Officef'). 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 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 (8), below. 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 Minor Facility once the state or federal permit for the Permitted Site has expired or is otherwise terminated. Page 5 8t11/2001 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02.22 (New) DRAFT 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 iil,lJ:lT,Ti#'ffi ;l"?"Tfl llilff;":".'["#'5r,i;:T,y,'i: 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 in entitling an interested party to request judicial relief in the nature of mandamus. The expiration of any such time limitation shall not, in and of itself, be considered as approval or denial of any application, plan or plat unQer 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 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 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, 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 forfourteen (14) calendar days after the date of the determination in order to allow time for the applicant, adjacent property owners within 2OO' of the subject lot, the Owner(s), subjectlot separated mineral estate owners, and/or the Board of County Commissioners (BOCC) to reconsider the determination made by the Directoi. 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. T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\N4inor Temp Emp Housing options - 8-20-2007\option 4 - Minor Temporary Employee Housing - Minor permit.doc Page 6 8/11t2001 zoninsnesorrllffi li[r"#:%:T,ii""'.:".::,ffi Tlr:3l?Ul,] DRAFT ,YJi:::"[Txl"oJ,li"t'il'AlJ;'lrl?,1]l"l.i'"ll?'"#ff :'l; owner within 200' of the subject lot, aggrieved by the Director's decision may request reconsideration by the BOCC by means of a written request filed with the Department within the fourteen (14) day period of time. ii. Schedule Public Hearing. A public hearing by the BOCC shall be held at the next available BOCC's regularly scheduled meeting date in which all required prior public noticing can take place (Reconsideration Hearing). 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 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 2OO' of the subject lot. The notice shall include 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 Fleconsideration 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 Resolution and, specifically, Section 5.02.22. B. Call-up by Board. Within fourteen (14) calendar days of the date of receipt of notice of the Director's decision, the 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 T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\l\4inor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permit.doc Page 7 8/11t2007 zoninsResorjllffi li[r.J::i5Tfi:f "'H,ffi TXr:8i?ii:[,; 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 thirly (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 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.A2.22. (7) The Minor Facility shall adhere to the following Minor Permit standards: Minor Facilities must comply with all applicable federal, state and local laws and regulations. Operator must keep and maintain appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that potable water supplied and sewage and wastewater meet the representations contained within the application, as required by Section a(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 suface. 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. 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\l\4inor Temp Emp Housing options - 8-20-2007\option 4 - Minor Temporary Employee Housing - Minor Permit.doc A. B. D. E. Page 8 8/11t2007 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 request, to demonstrate that refuse is collected in a timely fashion and disposed of at a licensed facility. G. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Minor Facility are provided. H. Manufactured home or recreational vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system, and/or alarm system shall be inspected, tested, and maintained in accordance with 2003 IFC 5901.4 and 5901.6 and as required bythe 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. l. Single-station carbon monoxide alarms shall be placed in each manufactured home or recreational vehicle unit. J. One (1) or more approved fire extinguisher(s) of a type suitable for flammable liquids, combustible materials and 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. K. lnhabitants of the Minor Facility shall be Applicant's employees and/or subcontractors, working on the related commercial, industrial or mineral extraction operation, and not dependents of employees, guests or other family members. L. 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. 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 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, than T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\l\4inor Temp Emp Housin-e Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permit.doc Page 9 8t17t2001 zoninsResor.Ilffi liffiTi:3,|i:'.:".H,fiTIr:3!?ffi l,; DRAFT 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 Sheriff's Office within 24 hours of the occurrence. All required Access Permits shall be obtained from the GarJield County Road and Bridge Department or the Colorado Department of Transportation. The Garfield County Sheriff's Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Department shall be copied on all such notification, whether hard copy or electronic. The Operator shall maintain records identifying workers, whether employees or sub-contractors, and documenting the dates that each worker is housed at the Minor Facility. Such records shall be provided to the County or any additional third party upon request. 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 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 approved, then it shall be designed, installed and operated to accommodate the maximum number of T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonnelMinor Temp Emp Housing options - 8-20-2007\option 4 - Minor Temporary Employee Housing - Minor permit.doc o. P. o. R. 5. Page 10 8t17t200'7 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0, ,2D$f;;? persons who will inhabit the Minor Facility and shall otherwise be operated in accordance with the Gadield County ISDS regulations as contained in BOCC Resolution Number 1994H-136. (8) Enforcement: A. 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). B. lnspection: 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. Visits to a Minor Facility by a fire protection district or the Gadield County Sheriff's Office will be reported to the Director. C. 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 andlor 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 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 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 PM on the fourteenth (14) calendar day. Such 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 T:\dpesnichak\Land Use 2007\Text Amendments\Essential PersonnelV\4inor Temp Emp Housing Options - 8-20-2007\Option 4 - Minor Temporary Employee Housing - Minor Permit.doc Page 1 I 8t17t2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0, ,2o$f;? 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 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. 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. Definitions: 2.02.51 2 Temporarv Emplovee 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 engaged 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 2.02.421; 2. Minor Facilities which house 7 - 24 workers on a Permitted Site, as defined in section 2.A2.421; 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 tlme longer than one-year; or otherwise meet the requirements of Section 5.02.21and Section 5.02.22. Such facilities are subject to land use approval by means of either an administratrve process or a public hearing process, under the clrcumstances, standards and requirements contained in Sections 5.05.21 or 22lor 231of 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 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\Minor Temp Emp Housing Options - 8-20-2007\Option 4 - N{inor Temporary Employee Housing - Minor Permit.doc Page 12 8/11t2001 €*m$*hLH,ftAH 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 providing comments on the subject regulations in response to your email request dated August 10,2007. Enclosed you will find two alternative proposals that reflect a tiered process as previously proposed by this working group but also incorporate many of the comments received from the Garfield County Planning Commission during the meeting on August 8, 2007. Proposal A, this working group's preferred alternative, incorporates the use-by-right approach for essential personnel 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 recognize that these personnel are essential to provide coordination and supervision and insure the safety of every drilling operation. Drilling operations would not be 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 housing, and the enclosed Proposal A addresses those issues with a process that will meet the needs of both the County and industry. As outlined in the enclosed Proposal A, this approach consists of the following three tiers: 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, As has been stated previously, this working group agrees with the process and standards for permitting this housing that were proposed by the Planning Staff in their August 1,2007 version of this section. Section 5.02.22 for those instances where between 7 and 24 people are housed at a single location. This section addresses the administrative process that has been discussed previously and is consistent with the 826 21 % Rood Grond Junciion, CO 81505 T:970.263.780O t:970.263.7456 t* / Pr#r.*r-rre 5l //oh'r* 1. 2. Cordilleron Complionce Services, lnc. Grond Junction, CO . Denver, CO . Cosper, WY . Loromie, WY E nv iro n m e nf o/ Cons ulfin g En gineers on d Scien fisfs D. Pesnichak August 17,2007 Page 2 process that was discussed during the August 8 Planning Commission meeting.3. A new Section 5.02.23 for housing of essential personnel, 6 or fewer people at a single location. This section addresses the notification process, standards, and enforcement provisions that would be applicable to the essential personnel housing. The enclosed Proposal B, although not preferred by this working group, reflects much of the discussion that took place during the August 8 Planning Commission meeting. This proposal also includes a three-tiered process but retains the permit-by-notice process in Section 5.02.22 that was previously proposed by this working group to the County. The primary change in the enclosed proposal from that provided to you previously is in regard to the notification process. The notification requirements for the permit-by-notice process were revised so that all submittals would be provided to the Planning Staff instead of to the Garfield County Local Governmental Designee (LGD). This change is to address the Planning Staff's concerns about creating a more complex and bureaucratic process. We look fonvard to continuing our discussions regarding this issue during the meeting on August 22,2007. lf you have any questions or require additional information in the meantime, please do not hesitate to contact me at 970-263-7800. Associate Geologist Enclosures - As Stated ,a [NnusTRy PRopoS,u- A _ PREFERRED ALTERNATIVE DRAFT 3.0'1 .03 Uses, special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) -- Section 3.02 Agricultural/Residential/Rural Density 3.02.01 Uses, bv riqht: Temporary employee 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) 3.02.03 Uses, special: Temporary employee 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, by rioht: Temporary employee 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) 3.03.03 Uses, special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) -- Section 3.04 Residential/Limited/Urban Density 3.04.0'1 Uses. bv rioht: Temporary employee 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) 3.04.03 Uses. special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) -- Section 3.05 Residentia!/General/Suburban Density 3.05.01 Uses. by riqht: Temporary employee 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 Pacr 2 at INDUSTRY PRoPoSAL A- PREFERRED ALTERNATI\.E DRAFT 3.05.03 Uses, soecial: Temporary employee 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 riqht: Temporary employee 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) 3.06.03 Uses, special: Temporary employee 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. by riqht: Temporary employee 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 employee 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 rioht: Temporary employee 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) 3.08.03 Uses, special: Temporary employee 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 employee 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) AuGUsr 17,2007 PAGE 3 r( INOUSTRY PROPOSAL A _ PREFERRED ALTERNATIVE DRAFT 3.09.03 Uses. special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) ----3.1 0 Resource/Lands 3.10.01 Plateau: Uses. bv riqht: Temporary employee 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) 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 riqht: Temporary employee 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) 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 rioht: Temporary employee 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) Uses, special: Temporary employee housing, major facilities (subject to review and approval per procedure and requrrements of Section 5.02.21) Aucusr 17,2007 PAGE 4 INDUSTRY PROPOSAL A_ PREFERRED ALTERNATI\.E DRAFT 3.10.04 Gentle slopes and lower valley floor: Uses. bv riqht: Temporary employee 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) Uses. special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) ----3. 1 1 Residential-Mobile Home/General/U rban Density 3.1 1.01 Uses, bv riqht: Temporary employee 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) 3.11.03 Uses. special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) ----3.1 2 Li ghUlndustrial 3.12.01 Uses. bv riqht: 3.12.015 Temporary employee housing, essential personnel (subject to meeting standards in Section 5.02.23). 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 employee 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 rioht: Temporary employee 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) 3.13.04 Uses, special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) AUGUST 17,2007 PAGE 5 INDUSTRy PRopos,q,L A _ PREFERRED ALTERNATIVE DRAFT ----3.1 4 Drinking Water Constraint 3..14 Uses, bv riqht: Temporary employee 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) 3.14.03 Uses, special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) ----3.15 Commercial Drinking Water Constraint 3.15.01 Uses, by riqht: Temporary employee 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.'1 5.03 Uses, special: Temporary employee 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 (1) Minor Temporary Employee Housing Facilities in the nature of manufactured homes [as defined under C.R.S. 42-1-102 (106) (b)l and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational 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 Administrative Permit processes. Such housing shall be of a temporary nature, and at the expiration of the permit, all housing structures, foundations and associated infrastructure shall be completely removed. Such 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: Aucusr 17,2007 PAGE 6 INousrnv PRoposAL A - PREFERRED ALTERNATIVE DRAFT The Minor Temporary Employee Housing Facility and any associated infrastructure (including ISDS) must be completely contained within a State or Federally regulated parcel (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, The Minor Facility is located at the permitted site for less than a cumulative timeframe of one (1) year; and, 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 than a cumulative timeframe of one ('l) year or not completely contained with 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. Temporary employee housing facilities that are completely contained within a permitted site, will be on location for a cumulative timeframe of one (1) year or less, and have six (6) or less individuals at one time are allowed in all zoning districts as a use-by-right and are subject to the process and standards contained in Section 5.02.23 and the enforcement provisions of Section 12 of the Zoning Resolution. 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. Minor Permit and Area Wide Development Plan (AWDP): Each Minor Facility application shall be reviewed by the Director and an administrative determination made, in accordance with the process and timeframes outlined in Section (5), below. The Applicant, however, may choose to apply for an AWDP consisting of multiple Minor Facilities to be developed within an identified amount of time, using an accelerated administrative process, following approval of an AWDP, leading to multiple Minor Permits. Approval of an AWDP, however, does not guarantee approval of each Minor Permit. Administrative review is required for permitting of each Minor Permit 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 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 Sections (3) and (4), below. Such an acknowledgment may be in the form of a letter of authorityiagency 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 ii. iii. (2) A. B. Aucusr 17,2007 PAGE 7 (3) INDUSTRY PRoPoSAL A _ PREFERRED ALTERNATIVE DRAFT 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 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. The application must also include the submittals required by Sections 3 and 4, below. Submittal Requirements for an AWDP: At a minimum, the Applicant for approval of an AWDP, along with the submittals listed in Section 2, above, shall submit: A. A master map/site plan in accordance with Section 4(H), below, identifying the proposed location and anticipated layout for all Minor 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. 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 (a) A and B, below. D. A legible photo of the state or federal "certifying stamp" for each housing unit 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, 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 of the AWDP, following the timeframe for reconsideration detailed in AUGUST 17,2007 PAGE 8 (4) INDUSTRY PROPOSAL A _ PREFERRED ALTERNATIVE DRAFT 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. However, Minor Permit applications submitted under an approved AWDP do not require that the requirements of Section 2 (B) and (C), above be completed again. Submittals for Minor Permit, including Minor Permit application for which an AWDP was previously approved: C. Sign-offs: review from the Garfield County Sheriffs 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 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 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. 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 copy of hauler's CDPHE certification, frequency 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 and wastewater, along with details regarding number and volume of sewage and wastewater vaults, name of hauler, frequency of pickup, identification of sewage disposal site, calculation of sewage and wastewater treatment demand and demonstration of adequate storage and/or treatment capacity. A general description of the system planned for collection and disposal of refuse, along with details regarding refuse collection, including number, type and volume of containers; name 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), 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 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 F. A. B. D. E. G. H. AUGUST 17,2007 PAGE 9 J, INDUSTRY PNOPOSU- A _ PREFERRED ALTERNATI\.E DRAFT 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 subject lot and the Permitted Site; general relation to surrounding public roads, private roads, adjacent 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; 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 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 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 Sheriffls 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. 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/'). 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 Garfield County, relevant fire district, state and federal regulations. AUGUST 17,2007 Plca 10 INDUSTRY PROPOSAL A - PREFERRED ALTERNATIVE DRAFT 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, 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 revegetation of the Minor Facility once parameters for reclamation and state or federal permit for the the the (5) Permitted Site has expired or is otherwise 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. Timeframe of Permit Review and Determination: 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 Director within 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. Failure by the Planning Director to meet the specified timeline shall render the application approved. 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 Permrt to the Owner of the subject lot or approve the application for approval of an AWDP. 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. 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. Reconsideration Hearing for 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 A. (6) AUGUST 17,2007 PAGE 1 1 INDUSTRY PnopOSaI 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. Request by Applicant or Adjacent Property Owner for Reconsideration of Decision. L 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 (a) 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 which the proposed Minor Facility or AWDP is located. 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 Minor Facility or AWDP, and an announcement of the date, time and location of the scheduled Reconsideration Hearing. 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 Resolution and, specifically, Section 5.02.22. 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 Minor Facility or AWDP is located. ii. iii. iv. B. AUGUST 17,2007 P;rcE 12 I INDUSTRY PROPOSAL A - PREFERRED ALTERNATIVE DRAFT 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 all adjacent property within 200 feet 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) Facilities shall adhere to the following Minor Permit standards: Minor Facilities must comply with all applicable federal, state and local laws and regulations. Operator must keep and maintain appropriate records, to be provided to the County or any interested third 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 above. ln no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. The operator shall conduct monthly tests (or 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 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 tightfitting 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. A. B. C. D. E. F. AUGUST 17,2OO7 PAGE 13 G. H. INnuSTny Pnoposa,I 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 sprinkler system, fire detection system, and/or alarm system shall be inspected, tested, 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 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 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 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 shalI 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 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 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. J. K. L. M. N. o. Aucusr 17,2007 PAGE 14 INDUSTRY PRoPOSAL A_ PREFERRED ALTERNATIVE DRAFT 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: 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: Demonstrate that year-round vehicular access is available and maintained for safe and regular access for sewage hauling vehicles. Provide a copy of the contract for hauling sewage. c. Maintain all sewage disposal records including but not limited to trip logsireports and landfill receipts as public records, available to the County and/or 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 Minor Facility and shall othenruise be operated in accordance with the Garfield County ISDS regulations as contained in BOCC Resolution Number '1994H- 1 36. 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 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. Visits to a Minor Facility by a fire protection district or the Garfield County Sheriff's Office will be reported to the Director. b. (8) Aucusr 17,2007 Pacr 15 o. B. INDUSTRY PROPOSAJ- 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 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 public 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 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. 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: 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. C. D. E. E. Text Amendment to Add Section 5.02.23 Aucusr 17,2007 PAGE I6 ,)rt d\ P $ #* INNUSTRY PROPOSAL A _ PREFERRED ALTERNATIVE DRAFT 5.02.23 Temporary Employee Housing for Essential Personnel ln addition to regulations contained elsewhere in this Resolution, the use of temporary employee housing, essential personnel shall be governed by these regulations: (1) General A. Temporary Employee Housing Facilities in the nature of manufactured homes [as defined under C.R.S. 42-1-102 (106) (b)l and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposesl for projects within Garfield County related to commercial, industrial and mineral extraction in any zone. Such housing shall be of a temporary nature, and atthe expiration of the operation, all housing structures, foundations and associated infrastructure shall be completely removed. Such facilities are subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. B. Temporary Employee Housing, Essential Personnel shall have all of the following basic characteristics: i. Housing and any associated infrastructure (including ISDS) must be completely contained within a State or Federally regulated parcel (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, ii. Housing is located at the permitted site for less than a cumulative timeframe of one (1) year; and, iii. Housing houses six (6) or fewer essential personnel at any one given time. (2) Notifications A. The applicant shall notify Garfield County of its intent to provide temporary employee housing by submitting a site-specific notification of the specific equipment, site lay-out, and anticipated .dates--qtjptallelq! J_o:*qggh siteJfiiS silsoecrtrclEiliiffi n-snarJ-suon'ilreololnet,arTreroLounrvPrannrnqs ite-s pe ci f i clElifiE'li6fr- s h a I I ted to the Garfield County ?lanninq. and relevant fire-prgtection district(s) agl(s)_e_re]eyq.Qlli.rs p rale-cli9!-gls[El( a site. The content of this &, \ submittal is defined below. \\ t o{nPl A vicinity map indicating the section, township, and range of the permit site location; general relation to surrounding public roads, private roads, adjacent utility systems, residential development,-the-applteantls-actively permitted Minor and Major Temporary Employee Housing, natural drainage courses and municipalities within one (1) mile of the permitted 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'. Aucusr 17,2007 PAGE 17 I INDUSTRY PROPOSII A _ PREFERRED ALTERNATIVE DRAFT Q Flr ii. ldentify private and public roadways accessing the area; marked as open,( grted, andior locked; and detailed directions with mileage included for each' roadway from the nearest town. GPS coordinates (NAD 83, degrees. decimal , 0 degrees)forthe location shall also be provided., 0 degrees)forthe location shall also be provided. lZ*.t,, i .*d- lnclude 1?*u, address 1n.d pl:n" nTb,"r,:f surface rowne(s). #1; r*.ffa #;g ffi;;:,"::*i{ kt^#;k{lV,Rd; a z4-houremersency lU ",,l,uffresponse number of at least two persons responsible for emergency fieldi[.'rr( operations; contact numbers for local hospitals, emergency response, fire iir.-" t department, sheriff, Life Flight, and applicable regulatory agencies; site \ safety/evacuation plan; and written response plan for the potential \\r emergencies that may be associated with drilling and completion operations\ at a well location. $' ,\S ./ A description of the water system used to provide and store potable water to l,y ' 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 demonstra-tion of aflequate 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 dlsposal site; and calculation of sewage and wastewater treatment demand and demonstration of adequate storage andior treatment caPacitY,.. ,vAel. S {,- c4* ef,-/ ,1 ylf A description of the system used to collect and dispose of refuse. lnclude 'it' , number, type and volume of containers; name of hauler; frequency of ,Y' coilectiqn;%nd refusgdisposal..qife.,Y' co[ectiqrfhnd refuse,disposat.gile. rl ;ii rkf X:fi ,: W:IL, . 1 x. rne iime, titi",'iJoi"rqlion" Humuer and'erall address of the operator's JO .epployee or other authorized representative ("Operator's Compliance '1" ,^*fpfficer") who is in charge of ensuring that the Temporary Employee Housing ' i ^, ff i i"sl}^ v:,'i. li? i'pi Fszl,,tr' iLff i" " ^ ( 3 )' b e I ow x. A form, provided by thd/Depaitment and signed by the Operator's Compliance Officer, indicating that the Temporary Employee Housing will be installed in accordance with all applicable Garfield County, relevant fire district, state and federal regulations. xi. A form, provided by ,n"*Il*tnr"., and signed by the operator's Compliance Officer, indicating that the Operator submits to the enforcement provisions identified within Section (4), below. xii. A copy of the permit from, (ii permit ipplication to)tne state or federal agency, regulating the Temporary Eniploliee-flou5lrig site, identifying the $,( Aucusr 17,2007 PAGE 18 t. L. J. K. INDUSTRY PNOPOS,q.L A_ PREFERRED ALTERNATIVE DRAFT 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), carborrtlioxide-sr dry chemical, shall be located in each manufactured home or recreational vehicle unit and placed in accordance with applicable codes. lnhabitants of the Temporary Employee Housing 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 ten (10) days following the expiration or other termination of the Temporary Employee Housing or represented date of removal identified in the notification, 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 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 protection district. lf the Temporary Employee Housing is located outside the boundaries of a fire protection district, then each Temporary Employee Housing shall have at least one (1) water storage tank with a minimum of 2,500 gallons of stored water for initial fire suppression, operation of sprinkler systems (if applicable) and wild land fire protection. ,,! r*il^A0,.*)t t, -.1 ,,, ""1.,.6,,.','''."1' 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 irorir tne 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 Temporary M. N. o. P. o. AUGUST 17,2007 PAGE 20 INDUSTRY PROPOSAL 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 Employee Housing. 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 ApplicanUOperator must: Demonstrate that year-round vehicular access is available and maintained for safe and regular access for sewage hauling vehicles. Provide a copy of the contract for hauling sewage. c. Maintain all sewage disposal records including but not limited to trip logsireports and landfill receipts as public records, available to the County and/or 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 Minor Facility and shall othenrvise be operated in accordance with the Garfield County ISDS regulations as contained in BOCC Resolution Number 1994H- state statutory and constitut provisions, in accessing the Temporary Employee Housing, the Site and the lot. Visits to Temporary Employee Housing by a fire protection district or the Ga Director. County Sheriff's Office will be reported to the a. b. iii. $$ \* (3) 1 36. \ Enforcement, Violations, and Penalty: A. The BOCC reserves the right to inspect any Temporary Employee Housing, including struclures and infrastructure and any other related improvements, and/or required documentation related to the housing, through its authorized representative(s); to determine if such are in compliance with this Zoning Resolution and, specifically, Section 5.02.23: the building code and fire code. Such authorized representative(s) may inspect ISDS systems under the County ISDS regulations (adopted by BOCC Resolution 1994H-136). Any official performing an B.lf it is found, consistent with the procedu Temporary Employee Housing was not ntified in Section 5.02.23 (4), that the in conformance with or is out of has determined that the conformance with any of the standards establi in this Resolution; applicable building and/or fire codes; and/or upon notice from state or federal agency or a fire protection district that said agency or district Aucusr 17,2007 iP\ -.c \tr\ - *{- to PAGE 2i c. D. InnuSTRY PROPOSAL A- PREFERRED ALTERNATIVE DRAFT Temporary Employee Housing is out of compliance with that agency's or district's regulations, the Operator shall be notified of the nonconformance by the Director. lf the Operator fails io correct the nonconformance within the specified timeframe, the Temporary Employee Housing 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 PM on the fourteenth (14) calendar day. Such proof shall be in the form of photo 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 shall be punished by a fine of not more than one hundred dollars ($1OO.OO1, 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 io correct the nonconformance shall be deemed a separate offense. Liability: The Operator of the Minor Facility is responsible for compliance with the regulations contained in this Zoning Resolution and, specifically, Section 5.02.23. Elevation to Administrative Review: Upon three (3) nonconformances at any one (1) permitted site, all Temporary Employee Housing shall be subjectto 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 with the Temporary Employee Housing for Minor Facilities process contained in Section 5.02.22, upon the written request of the Operator and only at the BOCC's sole discretion. E. AUGUST 17,2007 PAGE22 INDUSTRY PRoPoSAL B 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 5.02.211o 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 with 7-24 personnel as an administrative permit process and temporary employee housing for 1-6 essential personnel as a permit by notice process Definitions The following definition would be added to section 2.0 Definitions: Te-fnporary emolovee housino: 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.b. 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 commercial, 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 fewer individuals at any one given time. (7) to twenty-four (24) or (3) Temporary employee housing, major facility: houses twenty-five (25) individuals or more at any one given time. Text Amendment for Zonino Districts The following language would be added/amended to Section 3.0: ---- Section 3.01 Agricultural/!ndustrial 3.01.01 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) 3.01.03 Uses. special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) Aucusr 17,2007 Pece I INDUSTRY PRoPoSAL B DRAFT --- Section 3.02 Agricultural/Residential/Rural Density 3.02.01 Uses, by 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 employee 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 employee housrng, essential personnel (subject to noticing and requirements in Section 5.02.22). Temporary employee housing, minor facilities (subject to revtew and approval per procedure and requirements of Section 5.02.22) 3.03.03 Uses, special: Temporary employee 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 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) 3.04.03 Uses. special: Temporary employee 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 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) 3.05.03 Uses, special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) Aucusr 17,2007 Ptcp.2 INDUSTRY PRorosar. s DRAFT --- Section 3.06 Residential/General/Urban Density 3.06.01 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) 3.06.03 Uses, special: Temporary employee 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 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) 3.07.03 Uses, special: Temporary employee 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 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) 3.08.03 Uses, special: Temporary employee 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. by 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) 3.09.03 Uses, special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) AUGUST 17,2007 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) 3.1O.O2 Escarpment: 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. soecial: 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, by 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) 3.10.04 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 17,2007 PAGE 4 INDUSTRY PRoPoSAL B DRAFT Uses, special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) ----3.1 1 Residential-Mobile Home/General/Urban Density 3.11.01 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) 3.11.03 Uses, special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) *--3.12 LighUlndustrial 3.12.01 Uses, by riqht: 3.12.015 Temporary employee housing, essential personnel (subject to noticing and 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.O3 Uses, special: Temporary employee 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 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) 3.13.04 Uses, special: Temporary employee housing, major facilities (subject to review and approval per procedure and requirements of Section 5.02.21) --3.14 Drinking 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) Aucusr 17,2007 Pacp 5 3.14.03 Uses, special: Temporary employee housing, major facilities (subject to review and and requirements of Section 5.02.21) INDUSTRY PROPOSAL B DRAFT approval per procedure ----3.1 5 Commercia! Drinking Water Constraint 3.15.01 Uses, bv riqht: Temporary employee housing, essential personnel (subject to noticing and requirements in Section 5.02.22). Temporary employee housing, minor facilities and requirements of Section 5.02.22) 3.15.03 Uses, special: Temporary employee housing, major facilities and requirements of Section 5.02.21) (subject to review and approval per procedure (subject to review and approval per procedure Text Amendment to Section 5.02.21 5.02.2'l - 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 Permit by Notice for Essential Personnel Housing Facilities (1) Minor Temporary Employee Housing Facilities in the nature of manufactured homes [as defined under C.R.S. 42-1-102 (106) (b)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] 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 or Administrative Permit processes. Such housing shall be of a temporary nature, and at the expiration of the permit, all housing structures, foundations and associated infrastructure shall be completely removed. Such 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 Minor Temporary Employee Housing Facility and any associated infrastructure (including ISDS) must be completely contained within a State or Federally regulated parcel (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 17.2001 Pacr 6 (2) INDUSTRY PROPOSAL B DRAFT B. The Minor Facility is located at the permitted site for less than a cumulative timeframe of one (1) year; and, C. The Minor Facility houses twenty-four (24) or fewer individuals at any one given time. Facilities that will house six (6) or fewer people will be subject to the Permit-by-Notice process defined in Section (2), below. Facilities that house seven (7) to twenty-four (24) people will be subject to the Administrative Permit process defined in Sections (3) - (7), below. All Minor Facilities, regardless of the process followed to permit them, will be subject to the standards defined in Secfion (B) and the enforcement provided for in Section (9) below. 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 timeframe of one (1) year or not completely contained with a Permitted Site, i.e., "Major Facilities", are subject to the special use review process and standards and requirements contained in Section 5.02.21and the enforcement provisions of Section 12 and Section 9.01.06 of this Zoning Resolution. Permilby-Notice for Minor Temporary Employee Housing on Location: A. The applicant shall notify Garfield County of its intent to provide temporary employee housing by submitting a site-specific notification of the specific equipment, site lay-out, and anticipated dates of installation for each site. This site-specific notification shall be submitted to the Garfield County Planning Director, Garfield County Sheriffs Office, and relevant fire protection district(s) a minimum of ten (10) 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 of the permit site location; general relation to surrounding public roads, private roads, adjacent utility systems, residential development, the applicant's actively permitted Major and Minor Temporary Employee Housing, natural drainage courses and municipalities within one (1) miles of the proposed Temporary Housing Site; north arrow and scale; GPS coordinates; and current surface ownership on a USGS 7.5 minute series quadrangle at a scale of '1"=2000'. ii. 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. iii. lnclude name, address and phone number of surface owner(s). iv. 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 plan; and written response plan for the potential emergencies that may be associated with drilling and completion operations at a well location. AUGUST 17,2007 Pncs 7 viii. ix. vi. vil. xi. xii. xil. IxousrRv Pnopos.q.L s DRAFT A description of the water system used to provide and store potable water to personnel. lnclude number and volume of tanks; source of water; name of hauler; hauler's Colorado Department of Public Health and Environment (CDPHE) registration number and copy of certification; frequency of delivery; and calculation of water demand and demonstration of adequate capacity. A description of the system used to collect and dispose of sewage and wastewater. lnclude number and volume of vaults; name of hauler; frequency of pickup; sewage disposal site; and calculation of sewage and wastewater treatment demand and demonstration of adequate storage 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. The name, title, address, phone number and email address of the Operator's employee or other authorized representative ("Operator's Compliance Office/') who is in charge of ensuring that the Temporary Employee Housing is in compliance with the standards outlined in Section (8), below A form, provided by the Department and signed by the Operator's Compliance Officer, rndicating that the Temporary Employee Housing 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 (9), below. A copy of the permit from, or permit application to, the state or federal agency, regulating the Temporary Employee Housing site, identifying the location, conditions of approval, time period for which the permit is valid and the parameters for reclamation and revegetation of the Temporary Employee Housing site once the state or federal permit for the site has expired or is othenarise terminated. A legible photo of the state or federal "certifying stamp" for each housing unit anticipated to be used for the Temporary Employee Housing and demonstration that each proposed unit meets current building code and Garfield County fire code requirements. (3)General Minor Administrative Permit Application Requirements: The Applicant shall submit an application, on a form provided by the Building and Planning Department AUGUST 17,2007 PAGE 8 INousrRv PnoposlI- s 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. (4) Submittal Requirements for an Admrnistrative Permit AWDP: At a minimum, the Applicant for approval of an Administratrve 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 AUGUST 17,2OO1 Pncr 9 InpusrRy PROPOSAL B 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 nd 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 Sectron (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 wrth 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 17,2007 PAGE 10 C. D. E. F. 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 hauler, hauler's Colorado Department of Public Health and Environment (CDPHE) registration number and copy of hauler's CDPHE certification, frequency 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 and wastewater, along with details regarding number and volume of sewage and wastewater vaults, name of hauler, frequency of pickup, identification of sewage disposal site, calculation of sewage and wastewater treatment demand and demonstration of adequate storage and/or treatment capacity. A general description of the system planned for collection and disposal of refuse, along with details regarding refuse collection, including number, type and volume of containers; name 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), 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 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 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 subject lot and the Permitted Site; general relation to surrounding public roads, private roads, adjacent 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; 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 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. G. H. AUGUST 11,2OO7 PAGE I 1 INDUSTRY PRoPoSAL B DRAFT 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 Garfield County, nearest Garfield County Sheriff's 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 potentral 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 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 (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 othenrvise 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 AUGUST 17,2007 Paca 12 INDUSTRY PRoposu- 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 mitigated 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 determinatron 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. 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 (1a)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 (7) ii. iii. AUGUST 17,2007 PAGE 13 INnusrRv PRoPoSAL B 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, 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. 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 Resol ution and, specifically, Secti on 5.02.22. iii. iv. AUGUST 17,2OO7 PAGE 14 INousrRv Pnoposlr, s DRAFT (B) 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. 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 or equivalent shall be provided for each manufactured home or recreational vehicle unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. F. Refuse shall be disposed of weekly, at a minimum. Operators must keep appropriate records, to be provided to the County or any interested third 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 attraction of animals to the Minor Facility are provided. H. Manufactured home or recreational vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system, andior alarm system shall 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 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 l. Single-station carbon monoxide alarms shall be placed in each manufactured home or recreational vehicle unit. J. 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 AUGUST 17,2OO7 PAGE 15 K. L. IN{ousrRy Pnoposu, 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 specifi ed timeframe. No domestic animals are allowed at a Minor Facility. A water storage tank shall be required to provide water to the sprrnkler 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 m ust: M. N. o. P. o. R. AUGUST 17.2OO7 PAGE I6 (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, 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 approved, then it shall be designed, installed and operated to accommodate the maximum number of persons who will inhabit the Minor Facility and shall otherurrise 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. Visits 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 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 9.0'1.06, 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 revocatton. 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 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 17,2OO7 PAGE I7 c. D. E. INnusrRv PRoposl,l n 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. Aucusr 17.2007 PAGE 18 Memorandum To: Garfield County Planning Department From: David Pesnichak - Senior Planner, Long-Range Date: 6/112007 Re: UPDATED DRAFT REGULATIONS - Temporary Employee Housing - 5-9-200'7 PC Meeting Attached is a first stab at addressing the concems raised by Planning Commission on May 9. I have highlighted the sections which have changed. Three main alterations have been made to the draft regulations: 1. An inspection is no longer required. Instead, the Applicant signs a form indicating that the facility will be installed in accordance with the requirements in the regulations. This is to address the Planning Commission' s request for "self-regulation". 2. The fine has been increased from $1000 to $40,000 per occurrence. 3. A public notice. appeal and BOCC "call-up" provision h-ave heen added. \4.T'ry{^-ze Q,2.. co*-7/*aro (s,'+ tzca/ht) We will need to discuss how the Building Permits should be issued without a final sign-off that everything has been done in accordance to the code. I have placed this item on next Tuesday's Staff Agenda. Review of Major Issues Expressed by Planning Commission: 1. Decrease County involvement in permitting process and make process faster and easier for industry. Make process "self-regulating". 2. Increase fines for non-compliance. 3. Maintain inspections as random and unnoticed. 4. Consult State Fire Marshal for comments on regulations regarding facilities located outside of fire districts. 5. Are permanent foundations required for temporary structures? Potential issues with IBC or the Colorado Division of Housing? 6. Are sprinklers required for temporary structures? Potential issues with IBC? 7. Consult State Fire Marshal for comments on regulation for 2500 gallon fire protection tank on temporary housing facilities. 8. Are vault-and-haul sewage and wastewater disposal systems acceptable to the CDPHE? 7 zoningneso,rlll;:li3lr"::X5TlJ:'.:"':&i"TSXr:!l'?lH,; DRAFT 5.02.22 - Administrative Permit for Minor Temporary Employee Housing Facilities: (1) Minor Temporary Employee Housing Facilities in the nature of manufactured homes [as defined under C.R.S. 42-1-102 (106) (b)] and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposesl may be granted for projects within Garfield County related to commercial, industrial and mineral extraction in any zone district by the Planning Director through the Administrative Permit process. Such housing shall be of a temporary nature. At the expiration of the permit, all housing structures, foundations and associated infrastructure shall be completely removed. Administrative Permits for Minor Temporary Employee Housing Facilities are subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. Minor Temporary Employee Housing Facilities shall have all of the following basic characteristics : A. The Temporary Employee Housing Facility and any associated infrastructure (including ISDS) must be completely contained within a State or Federally regulated parcel (such as a COGCC approved oit/gas well pad) in which reclamation, restoration and revegetation standards are guaranteed by contract with the permitting agency; and, B. The Temporary Employee Housing Facilities are to be located at the permitted site for less than a cumulative of one (1) year; and, C. The Temporary Employee Housing Facilities are to house twenty-four (24) or fewer individuals at any one given time. (2) Administrative Permits for Minor Temporary Employee Housing on Location: The applicant shall submit an adequate site plan, consistent with 59.01.01 and shall be subject to review and approval from the following agencies including, but not limited to the Garfield County Sheriffs Office, relevant fire protection district as well as the Garfield County Building and Planning Department. Allsite 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 pubtic roads, private roads, adjacent utility systems, residential development, actively permitted other Minor and Major Temporary Employee Housing, topography at a minimum of 5' intervals, natural drainage courses and municipalities within one (1) miles of the proposed Minor Temporary Housing Site; north anow 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 any/all other equipment located within the perimeter of the permit site location. David Pesnichak Page I 61v2007 zonnsnesor,lll;:l;3lf ::X;TXi:f i*tTSD:ll?li:l,l DRAFT C. 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. D. lnclude name, address and phone number of surface owner. E. 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 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 a 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 Direclor prior to commencing installation. ln addition, the Applicant shall have obtained all necessary application sign-offs from the Garfield County Sheriffs Office, relevant fire protection district and Garfield County Building Department prior to submittal to the Garfield County Planning Department. 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. lnclude number, type and volume of containers; name of hauler; frequency of collection; and refuse disposal site. David Pesnichak Page2 6/t/2007 (4) (5) zoninsnesortlll;:lruB'::i:Tfi:f "':&fI8D:!l?ffi l,l DRAFT D. A list of all surface owners abutting and within 200 feet of the subject parcel as identified in the Garfield County Assessor's records. Area Wide Development Plan. The Applicant may submit an Area Wide Development Plan which consists of multiple sites to be developed 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 Seclion 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 Elepartment indicating that the facility will be installed in accordance with a!! applicable Gaffield County, State and Federal regulatioans. As apart of the sign-off, the Applicant shall provide the relevant contact for that facility and title of that individual to be contacted in the case of an identified violation. Further, the Applicant shall submit to the enforcement provisions identified within Section 5.02.22. ln addition, the Applicant shall provide documentation that the Garfietd 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 form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. (6) David Pesnichak Page 3 6nt2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0r.r2Dffi;il? D. 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. E. At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be provided for each manufactured home or recreational vehicle unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. F. Refuse shall be disposed of weekly, at a minimum. Operators must keep appropriate records, to be provided to the County or any interested third 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. H. Manufactured home or recreational vehicle units equipped by the manufacturer with a fire sprinkler System, fire detection system, or alarm system shall be inspected, tested, and maintained in accordance with 2003 lFc s901.4 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. l. Single-station carbon monoxide alarms shall be placed in each manufactured home or recreational vehicle unit. J. 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. K. 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. 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 site. In addition, identify the total cumulative length of time (in David Pesnichak Page 4 6lt/2007 zoninsRes*ll#f ;iX":Xi;T,|i:f ?:&t'lTlr:#?l[fr DRAFT days) that the Minor Temporary Housing Facility will be installed at the specified location. M. Minor Temporary Employee Housing Facilities will house employees of the applicable industry including its contractors and/or subcontractors that are necessary for the safe operation of the activity being conducted. Under no circumstances shall 25 or more individuals be housed on any one permitted location. N. 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. O. Within 10 days of the expiration of the said permit, all housing structures, foundations and associated infrastructure shall be completely removed. The Applicant shall provide the 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. P. No domestic animals shall be allowed at any Minor Temporary Employee Housing Facilities. Q. Each site location shall have one (1) water storage tank, with a minimum of 2500 gallons of stored water, for initial fire suppression and wild land fire protection. R. 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 Sheriffs Office within 24 hours of 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. S. 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. T. Wastewater Disposal: i. vault system: All vault systems shall be designed and installed to accommodate the number of persons identified within the permit who will inhabit the Minor Temporary Employee Facility. ln addition, all vault systems shall be equipped with an overflow alarm device. These vault systems shall be designed to accommodate 75 gallons of wastewater per person per day' lf the Applicant is proposing to use a vault system, the Applicant must meet the following conditions. David Pesnichak Page 5 61112007 zoninsResdrllff :l?ir"":XHTXi""'.:""*fiTD:!;'?llS; 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 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 pennit, the Applicant shall demonstrate that notice of the proposed devetopment had been mailed to all abutting property owners within 200 feet of the parcel as identified in the Garfield County Assessor's records. B. Once the Minor Temporary Employee Housing administrative permit is approved by the Garfield County Planning Director, it shall not become effective until 10 business days following the approval date. There shall be a 10 business 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 C. lf the Director finds in reviewing an application that the application meets the standards set forth above, the Director shall approve the application. B. tf 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 publ ic i nfrastructure. David Pesnichak Page 6 6n/2007 zoninsResortlll;:li3lr":Xi;If[f "r:effi'SSrB'?lffi] DRAFT C. Once the Director issues a determination on the application; the determination shall not be final for 10 business 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 10 business 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. (9) Applicant's Right of Appeal of ConditionalApproval A. !n the event that the Director conditionally approves an application, the applicant shall be entitled to appeal the approval to the Board of County Commissioners. The applicant must file an appeal for this purpose with the Director in writing no later than 10 business days after the date of the Directo/s determination. lf the determination is mailed to the applicant, three additional days for mailing shall be added to the time for filing an appeal. B. The Board shall review the Directols determination at a public hearing held at the next available regularly scheduled meeting after the date of the detennination. Prior written notice of this hearing shall be provided to the applicant and to property owners within 200 feet in accordance with the Garfield County Assesso/s data. C. At the public hearing the Board shall consider evidence related to the Directo/s determination which may be presented by County staff, the applicant, or interested members of the public. The Board shall not be limited in their review to the subject of the appeal, but may review any aspect of the application. Based upon this evidence the Board may affirm the Director's determination, or may approve the development plan with modified, altered, deleted, or added conditions in accordance with Section 5.02.22. No County building, grading, access, or floodplain development permit shall be issued, or the applicant otherwise allowed to proceed with the operation, until the Board acts on the Directols determination at the public hearing, and approves the development plan with or without the addition or modifi cation of conditions. (10) Aggrieved Resident's Right of Appeal of Approval A. No County building, grading, access, or floodplain development permits will become effective, nor shall the applicant be authorized to proceed with any proposed development not requiring any of these County permits, for 10 business days after the date of the Directot's approval, in order for residents to review the approval. B. In the event that the Director approves an application, aggrieved residents shall be entitled to appeal the approval to the Board of County Commissioners. The aggrieved resident must file an appeal David Pesnichak PageT 61U2007 zoningRes,tllff :l;3*"::i;Tli:',.:"rHt"iT&:!l'?iffi; DRAFT for this purpose with the Director in writing no later than 10 business days after the date of the Directo/s determination. The Board shall review the Directofs determination at a public hearing held at the next available regularly scheduled meeting after the date of determination. Prior written notice of this hearing shall be provided to the applicant and to property owners within 200 feet in accordance with the Garfield County Assessor's records. C. At the public hearing the Board shall consider evidence related to the Director's determination which may be presented by County staff, the applicant, or interested members of the public. The Board shall not be limited in their review to the subject of the appeal, but may review any aspect of the application. Based upon this evidence the Board may affirm the Directofs determination, or may approve the development plan with modified, altered, deleted, or added conditions in accordance with section 5.02.22. No County building, grading, access, or floodptain development permit shall be issued, or the applicant otherwise allowed to proceed with the operation, until the Board acts on the Director's determination at the public hearing, and approves the development plan with or without the addition or modification of conditions. (11) Board of County Commissioners'Review ("Call-up") of a Determination to Approve or Conditionally Approve an App,lication for Ternporary Employee Housing A. No County building, grading, access, or floodplain development permits will become effective, nor shall the applicant be authorized to proCeed with any proposed development not requiring one of these County permits, for 10 business days after the date of the Directo/s approval, in order for the Board of County Commissioners to review the approval. At the same time written approval of the application is provided to the applicant, the Director shall fonrvard to the Board a written statement which shall include the location of the site, a description of the proposed development, and, if the application is conditionally approved, the conditions of approval. B. Upon receiving the Directo/s statement and no later than 10 business days after the date of the approval, the Board may call the Directo/s determination up for review before the Board. The call-up generally shall be made by the Board at a public meeting convened within this 10 business day period. However, if it is not practical for the Board to convene a public meeting for this purpose within the 10 business day period, any member of the Board may authorize a call-up within the 10 business day period, which call-up shall be effective provided that the Board subsequently ratifies the call-up at a public meeting held at the next regularly scheduled Board meeting following the 10 business day period expiration. David Pesnichak Page 8 6tU2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02 2rD$eP The Board shall review the Director's determination at a public hearing held as soon as practical after the Directo/s determination. Prior written notice of the hearing shall be provided to the applicant and to property owners within 200 feet, and shall be published as part of the Board's agenda. At the public hearing, the Board shall consider evidence related to the Directofs determination which may be presented by County staff, the applicant, or interested members of the public. The Board shall not be limited in their review to the subject of the call-up, but may review any aspect of the application. Based upon this evidence, the Board may affirm the determination, or alter, delete, or add conditions of approval, in accordance with this Section. No County building, grading, ac@ss, or floodplain development permit shall become effective, or the applicant otherwise allowed to proceed with the operation, unti! the Board acts on the Direcfo/s determination at the public hearing, and approves the development plan with or without the addition or modification of conditions. (12) Enforcement: Garfield County, relevant fire protection district, or Sheriffs Office reserves the right to inspect any permitted site and/or documentation at any time and without notice to the operator or property owner. lf it is found that the development was not constructed in conforman@ or is found to be out of conformance with any of the standards established in this Resolution 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 $40,000.ff) ftne and may not be renewed, but must be reapplied for as a new permit. lf a facility permit is revoked, occupation of any previously permitted facilities shall be immediately vacated, any issued Certificates of Occupancy shall be withheld and any installed structures shal! be removed within 10 business days with proof by signed and dated photo documentation. ln addition, if an operator obtains revocation of three (3) Minor Temporary Employee Housing facility permits, the Planning Director shall refer the fourth (4h) and all future permits by the offending operator to the Board of County Commissioners (BOCC) as a Special Use Permit for Major Temporary Employee Housing facilities per Section 5.02.21 of the Garfield County Zoning Resolution of 1978, as amended. Only at the Board of County Commissionefs sole discretion may an offending operator retum to pursuing the Administrative Permit process for future Minor Temporary Employee Housing facilities. The Applicant may appeal the revocation of an Administrative Permit for Minor Temporary Employee Housing by Public Hearing to the Board of County Commissioners at a regularly scheduled meeting. C. D. ,,P/$'u o?'^' David Pesnichak Page 9 6tr/2007 Memorandum To: Garfield County Planning Department From: David Pesnichak - Senior Planner, Long-Range Date: 5/1O/2O07 Re: Temporary Employee Housing - 5-9-2007 PC Meeting Major Issues Expressed by Planning Commission: l. Decrease County involvement in permitting process and make process faster and easier for industry. Make process "self-regulating". 2. Increase fines for non-compliance. 3. Maintain inspections as random and unnoticed. 4. Consult State Fire Marshal for comments on regulations regarding facilities located outside of fire districts. 5. Are permanent foundations required for temporary structures? Potential issues with IBC or the Colorado Division of Housing? 6. Are sprinklers required for temporary structures? Potential issues with IBC? 7. Consult State Fire Marshal for comments on regulation for 2500 gallon fire protection tank on remporary housing facilities. LoCa / fi.i( -D,g/t.ty' {2.<. 8. Are vault-and-haul sewage and wastewater disposal systems acceptable to the CDPHE? General Overview of Proposed Process: l. Applicant obtains application form and sign-off sheets for referral agencies from Planning Department. 2. Applicant compiles required information set forth in 5.02.22 for the Planning Department, Building Departmenr, Fire Prorection District and Sheriff's Office. 3. Applicant delivers required information to the referral agencies (Building Department, Fire Protection District and Sheriff's Office). Referral agencies sign forms indicating that they have received all necessary inlbrmation and that the proposal appears to meet the necessary code requirements. 4. Applicant brings sign-off sheets from referral agencies to Planning Department for final sign-off and approval of Administrarive Permit. e"(r,7 - 9dZv69s@; 7 rl/ May 10, 2007 5. Within 24 hours of installation of the proposed Temporary Housing Facility, rhe Applicant shall inform the relevant Fire Protection District and Sheriff's Office that the specific facility is to be inhabited. 6. Within 10 business days of installation. the Applicant shall submit verification per Section 5.02.22 verifying installation is in accordance with the permit and all applicable codes (Final Inspection). Once verification is received by the Building Department. the Certificate of Occupancy can be issued. 7. The Applicant shall notify the Garfield County Planning Department within ten days of removal with verification as outlined in Section 5.02.22. General Overview of Area-Wide Plan (AWD) Process: 1. Applicant obtains application form and sign-off sheets for referral agencies from Planning Department. 2. Applicant submits list of all units to be used in the AWD Plan including photo of certifying stamp and demonstration that each unit meets building code requirements for Garfield County. 3. Applicant compiles required information set forth in 5.02.22 for the Planning Deparrment, Building Department, Fire Protection District and Sheriff's Office for each facility planned within the specified life of the AWD Plan. 4. Applicant delivers required information to the Garfield Counry Public Health Department, Garfield County Building Department, Fire Protection District and Sheriff s Office for each proposed facility. These referral agencies sign form for each facility proposed indicating that they have received all necessary information and that the proposal appears to meet the necessary code requirements. 5. Applicant brings sign-off sheets from the Garfield County Public Health Department. Garfield County Building Department, Fire Protection District and Sherifl's Office to Planning Department along with a master map of all locations and master list of all locations to maintain on file for the AWD. 6' Prior to the installation of the facility, the Applicant shall inform the Planning Departmenr of the units to be used on the specific facility, the date of installation and expected date of removal. The Garfield County Planning Department shall then issue an Administrative permit for the Facility. 7. Within 24 hours of installation of the proposed Temporary Housing Facility. the Applicant shall inform the relevant Fire Protection District and Sheriff s Office that the specific facility is to be inhabited. 8. Within l0 business days of each installation, the Applicant shall submit verification per Section 5.02.22 verifying installation is in accordance with the permit and all applicable codes (Final Inspection). In addition, the Applicant shall obtain Certificate of Occuparrcy for the proposed facility from rhe Building Deparrmenr. 9. The Applicant shall notify the Garfield County Planning Departmenr within ten days of removal with verification as outlined in Section 5.02.22. 2 May 10,2007 Proposed Changes to Existing Draft of Section 5.02.22: l. Streamline process further by creating an increased "self-regulation" scenario by making the following changes: a. Rely more heavily on random inspections and increased fees to encourage "self-regulation". b. Eliminate sign-off from Garfield County Deparrmenr of Public Health. c. Eliminate final inspection requirements. Instead. require signature, title and contact information of responsible party on sign-off sheet indicating that installations will occur in accordance with all applicable regulations and representations made within the permit. 2. Increase Fines to a degree that it is significant to the operator. The COGCC issues fines up to $10,000 per occulrence depending on severity while OSHA issues fines from $7,000 to $70,000 depending on severity. If "self-regulation" is to function properly. the fines and penalties must be too high to be considered a cost of doing business. To this end. it is recommended that fees be put in place for violation between $40,000 and $60.000 per occurrence. This fine would be in addition to the other enforcement measures spelled out in 5.02.22. O'.le F.2re U, ,/o rt,ir-, ,'14/F'./j/, 3 /\, CIXY \,/ 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 Sth Sfteet, Suite 401 Glenwood Springs, CO 81601 Subject: Reference: Violation of Conditions of Approval for SUP for a Camper Park 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) earlier this year. OXY takes this matter very seriously and, as detailed below, has implemented immediate corrective actions to rectify the violations observed and to preclude their recumence. Immediately after the visit to the JC Excavating and Dalbo camps by Jim Rada, Garfield County, on September 14,2006, OXY took immediate actions to correct the deficiencies. The actions taken include - 1.lmmediate 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, including alarm 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. Similarly, immediate direction was given to Dalbo to replace all of the potable water hoses with food-grade hoses and to eliminate the electrical wiring that was running near the potable water tank. All of the hoses have been replaced and the electrical wiring has been re-routed. Dalbo was also instructed to clean up the spare parts and other debris scattered across their camp, and the camp has been cleaned up. 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. 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 2. aJ. 4. 5. October 5,2006 Page2 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 taken 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 at97O-263-3630 or Doug Dennison at 91 0-263-3611. Sincerely, a.(444L Bill Heller Operations Manager Cc: Jim Rada, Garfield County Environmental Health Doug Dennison, OXY C:\Documents and Settings\trellerb.NAOXY\Local Settings\Temporary Internet Files\OLK20\N{ancamp Violation Letter Response.doc ,t ClxYv OXY USA WTP LP A subsidiary ol 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: Reference: Violation of Conditions of Approval for SUP for a Camper Park Letter of Same Subject from B. Heller to M. Bean dated 9126106 Dear Mr. Bean: This letter is in follow-up to the above referenced letter regarding violations of the conditions of approval for the Special Use Permit for Camper Parks issued to OXY USA WTP LP (OXY) earlier this year. [n that letter, OXY committed to having a professional engineer (PE) certify that all of the violations have been resolved by October 15,2006. The inspection by the PE was conducted on October 13,2006 and the report of this inspection will be forwarded directly to Garfield County by the engineer. Based on a verbal report from the PE, it appears that all substantive issues identified by Garfield County have been resolved. Any additional issues identified in the engineer's report will be promptly addressed by OXY and resolution of those issues will also be documented to Garfield County. As a result of this situation, OXY has initiated a lessons-learned evaluation of the establishment of our initial mancamps so that these conditions will not occur in the future. OXY appreciates the assistance of Garfield County, particularly that of Jim Rada, in resolving these issues. If you have any questions regarding this matter, please call me at970-263-3630 or Doug Dermison at 97 0-263 -36 1 1. Sincerely, ru Rick Foppiano Regulatory Manager Jim Rada, Garfield County Environmental Health Doug Dennison, OXY Bill Heller, OXY Cc: at' 970 243 2525 OXI USA WTPI,P 970 2 OXY USA WTPLP 970-243-2515 04 52 44 p m. 1 'l ' 1 0-2006 112 ,{. oxYUsAMPLP g;X1l1 AsubsidiaryotOrcidentalPelroleumCorporalionv 2754 Compass Drive, Ste 170 Grand Junction, CO 81506 FAX COVER SHEET TO: COMPANY: PHONE: FAX: SUBJECT: FROM: PHONE: FAX: DATE: Fred Jarman & Jim Rada Garfield County 970-384 -347A & 970-625-4804 Camper Park Follow-Up Bill Heller OXY USA WTP LP Hocky Mountain Asset Team 970-263-3600 970-243-2525 November 10, 2006 Total Pages (including this cover sheet): 2 Original will be mailed. s70 24.3 25?5 OXT USA WTPLP 970 2 oxY usA wTPLP 9tO-243-2515 OXY USAMP LP A subsidiary of Occidental Pelroleum Coporation 04:52:51p.m. 11-10-2006 212 ,toxY \,/ 2754 Compass Drive, Ste 170 Grand Junction, C0 81506 November 10,2006 Garfield County Building & Planning Department Attentionr Fred Jarman 108 8th Sfeet, 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 ro 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 conducted an internal inspection of both camps and verified that these deficiencies have been resolved. We are in the process of scheduling a follow-up inspection by Mr. Meis for the week of November 73,2006 to verify that these issues have been resolved. The results of that inspection will be forwarded to Garfield County. Thank you for your patience and if you have any questions regarding this matter, please call me at970-263-3630 or Doug Dennison at 970-263-3611. Sincerely, 614 iltt** Bill Heller Operations Manager Cc: Jim Rada, Garfield County Environmental Health Doug Dennison, OXY Bill Heller, OXY RickFoppiano, OXY CORDILLERAN October 18,2006 Mr. Jim Rada Environmental H€alth Manager Garfield County Public Health 195 W. 146 Street Rifle, CO 81650 RE: Inspoction Summary Report of Mencamps OXY USA WI" LP Garfreld Count5r, Colorado Dear Mr. Rada: This letter report srmmarizes the resuhs of the compliance inspection conducted by Craig Meis, P.E. with Cordillsan Compliance Services, Inc. (Cordilleran) on Friday, October 13, 2006, ofthe three existing mancamps operatedby OXY USA WTP tP (Oxy) under a Special Use Perrrit by Garfield CorntSr, Colorado. Mr. Delb€rt Dowling with Ory accompanied Mr. Meis during the inspections. Cordilleran was re*ained by Oxy to con&rct a ompliance inspection associated with their three mancamp facilities as a follow up to a prwiotrsly conducted field inspection by Oxy and Garfield County Public Health persomel thar identified several deficiencies. A request by Garfield County Public Heatth that a registered Colorado Professional Engineer conduct the follow up inspection resuhed in Cordilleran being retained. The purpose ofthe compliance inspection conducted by Cordilleran was not only to evaluate whether the previously identified deficiencies have been resolved but also to inspect all other stipulations as included in the Garfield Counry Speial Use Permit (SuP) and evaluate the overall environmental, health and safety aspects of the mancamps. Two attachments to this letter report include a photo log ard tlre field data sheets recorded the day the inspections took place. For prrposes of this srmmary report only noteworthy or action items are included in the following $bsections for each mancamp. Attached field data sheets go into greder detail outlining items that were specifically inspected for. JC Excavating Mancenp (Oxy Fderel23-15 tocetcd at II]W SW, Sls, T65r R9Tw) o Two small travel trailers on-site neilher being used and both are ready for transport offlocation. AII utility services to trailers have been disconnected and removed. Cordilleran Compliance Services, lnc. Grand Junc*ion, CO. Denver, C0. Casper,WY. Laramie, 11yy ' 13n{sr, WY 82621'lzRd' Grand Junction, CO 81505 T:970-263.7800 F: 970-263.7456 o Sewage vault and appurtenances have been removed from site and former vault location backfilled. . 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 inspetion.o 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 6D-33 located at I\[W SE, 59, T65' R97W) o Cordilleran is unaware of any compliance related issues associated with the previous inspection by the Garfield County Fublic Health personnel. o The 2-inch PVC vent riser on the south sewage tank rvas 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. . Oxy personnel had appropriately labeled the water and sewage storage tank containers for confined space entry. Section 5.02.05 (2) of Garfreld County's review standards for a Camper Park indicatcs the site shall be free of standing water and have adequate drainage. Cordilleran recommends that additional gravel be placed on location in vehicle travel and parking areas adjacent nrancamp facilities to minimize the rills being created by tire traffic and reduce offsite sediment &ansport. Section 5.02.15 (l) (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 se\A/age from portable sumps at each trailer to the sewage tanks. This code requirement is presumed by Cordilleran to be applicable only in a gravity flow circumstance ufiich is not the situation at this site. The 2- inch flex poly hose employed in this collection system application is appropriate. Two 2,00Ggallon aboveground welded steel sewage tanks wene on location to service the five trailers consisting of trryo bunk house t5pe trailers, two fifth wheel supervisor trailers, and one Oxy drilling/completion forernan trailer/office. A stipulation of the SUP is that no more than two trailers will be connected to one 1,00O-gallon sewage tank therefore with a total sewage capacity of 4,000-gallons for five trailers this requirement is being met High level alarrns 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. Section 5.02.13 (l) indicates that all sewer and water lines will be located to prevent thern from being struck by vehicles and will have a horizontal separation of lO-feet. While all lines were observed to be out of vehicle travel corridors the lO-feet of horizontal separation is virtually impossible given the type of facility. This provision makes sens€ in a pennanent mmp or mobile home park application E06387 Corou.lnnax CoMPLTANCE SERvrcEs, INC. GRAND JUNciloN, CoLoRADo wherc lines are hried and this sepmation helps avoid any possible cross contamination but is not practical in this application with a temporary mancamp and having all surface lines. Any potential leaks are quickly and easily detected in this application, firttler no hose connections, which would be fhe highest probability of cross contamination poin! were within ttre lGfeet separation it*a*a. It is Cordilleran's opinion thal although ttre water and sewer lines do cross, efforts to minimize their crossing and make sure adequate separation is maintained at hose connections will ensure the intent of this provision is being met. Food grade water zupply lines had yet to be installed at the time of the inspection- Stallion personnel ug"in indicating that the hoses had been ordered and would be installed as soon at received. A free standing propane tank was recorded adjacent one of the fifth whe€l trailers presumable for propane service to a trailer furnace and hot water heater. This iank however was not secure and could easily tip over causing a potential safety and fire hazard. Cordilleran recommended that this bottle be securd to ensure that it does not fall over accidentally and catxie a potential incident. Cordilleran recommended Oxy consider using the potable water for nonconsumptive purpos€s only considering the ample supply of bottled water available for consumptive purposes and that signs to this effect be placed in the trailers. This would minimize the potential risk of bacterial ingestion and minimize some ofthe water chemisty monitoring and concems about water supply line types and proximity to sewer line stipulations. Dalbo Mancamp (Cascade Creck 608-41 located at NE N& 58, T65' R!)7W) o Two Fralo 1060 poly sewage vaults had be€n installd with one ofthe historical poly sewage vaults still on site 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 b€ watertight and a watertight vent pipe added on the end of each vault which will plug the current opening. Further, the eastern most sewage vault appea.rs to have been damaged during the installation making the ability to dd 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 conoern as stated previously for the Calfrac Mancmtp. o Food gade water supply lines had been recently installed with all lines freeze protected and color coded- Free standing propane tanks were also noted. Dalbo personnel were curing this problem by securing these tanks wtrile the inspection was taking place. Electrical cords were separated from utility hoses and pipes and no open electrical connections were noted betrveen the power disribution souroe and tk trailers. Section 5.02.05 (2) of Garfield Cormty's review standards fora CamperPa* ' indicates the site shall be free of standing water and lrave adequate drainage. Site photos taken during the inspection illustrate how poor the stormwater drainage is at this location. Cordilleran recommends that the site be graded to direct E06387 Conorunnax Coupulxce Snnvtcrs, Ixc. GRAI\D Jt NCTIoN, Colomno stormwater rtrnoffto silt/sediment traps to allow for adequate site drainage while controlling sediment transport Significant water accrmrulation on this location is causing significant operational and potential safety concems. Action ltems Summary 1. JC Excavating Mancamp - If facility is not to be used in the future than the potable water tanlg generator and appurtenances can be removed. Calfrac Mancamp - Fix 2-inch vent line on southern sewage tank. Calfuc Mancamp - Additional gravel in taffic and vetricle pa*ing areas. Calfrac Mancamp - Install food grade water supply lines. Calfrac Mancamp - Install high level alarms on sewage tank. Calfrac Mancamp - Secure all free standing propane tanks. Dalbo Mancamp- Stormwater drainage at site to be addressed by gmding and directing stormwater to silt/sediment traps. Cordilleran would be willing to supply Oxy with a typical design drawing of a trap if needed. Dalbo Mancamp - Eastern sewage vault to be replaced or repaired due to apparent backhoe damage. Vault should be water tight with lids securely fastend a water tight seal addd to the inlet, and a vent pipe added. Dalbo Mancarrp - Western sewage vault to be water tight with lids securely fastend, a water tight scal added to the inlet and a vent pipe added. 10. Dalbo Mancamp - EmpU and remove historical sewage vault on location with excavation to be hckfilld ard reclaimed. I 1. Dalbo Mancamp - Secure all free standing propane tanks. Cordilleran appreciates the opportunity to prcvide professional engineering services to Garfield County Public Health ard Oxy. Please do not lresitate to contact myself should you have any qrmtions or @mmenls regarding this letter rcport. Sincerely, Complidnce Sentica, Ine AttachmenB- Ptmto log Field Data Sheets cc: Doug Dennison - Ory File 2- 3. 4. 5. 6. 7. 8. 9. Cilig J.Meis, P.E. Piincipal Engineer 806387 CoRDILLERAN CoMPLIANCE SERVTCES, INC. GRAND JrrNc[oN, CoLoRADo Attachment I Photo Log 806387 ConoLLsRAx CoHPLIANCE SERyrcEsr lNC. Gn lxn Juxcnox, Colouno Photo I -JC Excavating lv{ancamp Two travel trailers on location ready for transport. Photo 2 - JC Excavating lWrncamp Poly w4ertank and gsnerator still on site but not cmreted totrailers mope,rating. CORDN T NRU{ COMTLIA!{CE SEXVICES, INC. GRAND JuNcrr(x{, CoLoRADo II l.j E06387 :- ....-. Photo 3 -JC E:rcavting lv{ancamp Presumed location of past sewage vault. No sign of p,revious locdion- I I PMo4-CakacMamrp Panoramic view of site soutr. Note unsecure propane tank in front of fiffftr wheel- Conou.Lrnfi.i ColrpLIANcE SERvIcEs, INc. GRAND Jt NCnoN, CoLoRADo E06387 - Photo 5 -Calfrac Mancamp Panoramic view of site east. fhoto6:daH;ifu p-*:*c#E1+rr:eu{€r Supervisor fifrt wteel, hmk house, gercrdor, s€wage sump, s€rvage tine Green) and water line (blue). ConD[r.ERAN Coldr^rANcr SERvrcEs, INc. GRAND JuticrroN, CoroRADo Ih.lg-=- I ::'- ! Two sewage storage tanks (white) and one potable water tank @lue). Photo8-CalfracMancamp RSI potable water tank and oxy drilling/completion foreman officeltrailer. 806387 CORDII I.I,&NY CONEIJANCT SERVICES, fNC. GRAND IrNcfioN, CoLoRADo tl Photo 9 -Calaac ltrcmp Area befween zupervism fiffir wheel, bunkhouse and Orry forernan ofEcefuailer. Photo 10 - Dalbo lvlancamp Panoramic view of site to sou6easC. Note pou site stormwater drainase. E06387 coTxLLERAN cOtffiIJANCE sERVrCf,S, INC. GRAITTD JT,NCTIoN, CoLoRADo iiEEucT ry and :q .+s -.- l-_ ;- '"1- - :,:,:*i;z Photo l1-Dalbomncanp Operational diesel fuel *orage tank and genemtr inside lioed secondary containment. _"d-;*;;.:..-"--n...fi. '-+- 1,, llt -{* *.-).u I Photo 12-DalboMancamp Fralo 1060 sewage vault rece,ntly installed with alarm. Note lid not tight and open end. E06387 CoRDilT,ERAN Cormuaxct SmvIcEs, INc. GRAND JI,NCnON, COI,ORADO Photo 13 - hlbo lv{ancamp Second Fralo seurage vault recently installed- Note lid not tight atd inl€f not water tight. -i;F'<a- Second Fralo sewage vault with obvious prmcture on end- Note past scwage vault in kkground. t uo-ru/ CoRDtr"LERANConruexcxSmvrcEs, IIyc. GIAND IrNcnoN, Coronaoo Photo l4-Dalbo Mancamp lii<.-,.:I Photo 15-DalboMancamp General site photo of trailers. Note unsecure propane bottles. E06387 Conon rmar Colcr,uxcg SFrvrcEs, INc. GRAID &JNCTIoN, CoLoRADo i Photo 16 - Dalbo fUancamp Fifth wheel trailer and 80-bbl potable rraser tank Notc all wat€r lines ad tank fitr,zs protected. n o Attachment 2 Field Det* Sheets E06387 CoRDILLEnAN ComrunxcE SERVICES, INC. GRAND JUNCTION' COLORADO JC Excavating betureen any ignition sourc/e ard condensate tanks access to & around site Site lssues/l.lotes vaulttyoe & size is mt correct Enk is open, m lkl h Enk inlets & qrtbts are nd need to be cftecked fur orooer seal Seoaration between temoorarv ouarters ,J / 4 min. 20 fel Setback min. 75 bet- >/ 00 ',ts Iemporary quarters are setf contained v/dVeed clearance around quarters .rV^ ; ) zrs.t min. 10 Eet l/-Site surface Gravel or other aoorooriate a-/ftash. weeds. debris. e*raneous vefikie storaqe \lot alloued Distancetofireextinouisher lV. ua, Fnu*r\nax.100feet. [iqhtinq hJ )^nust ooint downward ElectricatDower ("') kxl t -,"Potable water storaoe nin.3.000 qallon tank l-trO 6Ae (/Bear-proof trash receptacles Sewaqestoraqe N /t I-ank type / Iank location Iank size nin 1.fi)O-qal.. nax. 2.fiXlqal. Iank condition Iank closed/lid in place Grade to tanks hailers oer tank nax.=2 Iank piping size & material min. = 3", durable, non-absorbent, srnooth {larm system I oertank Pioino & connections to tank(s) Sewaqe/potable water orlinq separation nin- 1O fueL Pioino suooorts Seuraqe leaks or sewaqe ofl oround surf;ace Not alkxed Calfrac min7sftet YZaafrbetween any bnitinn source and condensate tanks aresetf contained Gc,e il accessb&arourdsihe ank drpins size & materid Lr' 6pr-r., S* baks or sfl/aqe on qrurrd surh f1/onl Site lssues/Notes No oPb) 'iustr*tc*t- l -, u<c-:-tols a^t Ga.ar;ilil G-ril&*^A^la*t il C^lL S zi,U Er--I-hnti..t-Et,-tT arF 'E;i,t,4<,L C'+7*c'ry Cerusr.L€lt.rrc a-lrltu lY rlwut a vt r rd. L )5 ienaratbn between ternoorarv ouarters Gao\min. 20 fueL Sehk Gnn \. l1 fueed eararrce amund quarbrs 6 .,ob min. 10 feel Site surface illrrz t Lr art , . Ne-t, is Gravd or offier aooroorbte frash. uaeeds. debris. eldxaneflts vehicb storaqe 6co}Not allmred Distance to ftreextiruubher I ^i Ar r -T--z--qrr-tr 21 nar 100 feet thhtino Cr>ntr nust x*ntdonnward bcfbalpol*er brrqet -7*rr, x eonrzz*r^e u/ SEt garr-n-rx .trrr"rt ^l4ST 2otaHer,v'aterstoraoe Z -.3ooo Ca, SLzv?)nin. 3.0fi) cralbn tank iear-Droof hash recep&ades Semqe storaqe Iank tvoe ,e,)*,- / a **t €L - il-rr r. rr. S-r r. *Sf , ^; t li,rco (a^trarilL 9r.ro rv.*ut,urE-) fankbcation Aeovztl-o.r,rr) (-*uo*e- fank sire 7 - 2ooo Gar- Ag7 min l.0oGqal.. mar 2.(X)Ogl. fankcondition e f,*-* Lt-r.^)1- (NAt* IankclosecUtdinotre * l)<^rn- t-ta)€ 6r; S*..-r.. S-',,c< frgr- .l--e' R'- 7s 7e/-E) Grade to tanks 7zf *.,ra fr-l', 4u, t - r < f rrlar 4*st lzr,1 fratersDertank .4Trarrtts oa I a.* 7 Tza*czs c*, \lfw'-=2 S^lc Brtrrt^ll-min. = 3'. drr&b. rprFMbent smooth I oertank Pioinq & connectiors to tank(s) Ernu . ^t (Js*t- -rzt B t ?e o trrfN SwaefootaHe vuater oioino seDaraton I r<?aS9 L>g min. 10feet- tqfiTs tatrtlff Pioino $rDoorts Goob Not alloned Dalbo between anY hnition source and condensate tanks a@ess to & around site C-a.uf AtutnErt'T- 10 fuet /Ur+S t<} TEtvT leaks orsetmoe on oround surhce ..'va^/ vault type & size is not coned tank is open. no lid in tank inbts & outlets ate rd reedto be cfie*ed br fses used for pdabh sf,ater- need to be DWsafe hoses ? ,,.1*oarawtbetrreen temporaty quarters 6oo 5 min. 2O feet. Setback 6ao i\,i* ?sf""t ) zq Fr fernmrarv ouarters are sdf contained 6 ac>h l>Weed dearance arurnd quarters Ga>i)min. 10 feet. ^i/rJ*16( gJ*xrnl,s fleqtss lsso Sitesurface 7a Z- 9oz,r1..rt+rfl- J) l*tdAc-6-Gravel or other aoorooriate Irash. weeds- ieUris. o<haneous vehide storaoe Goe tt Not allor,ved )istance to fire exiinouisher I .11 Au a-o *ti ,s z<max 100 feet. riohtino G oc:il rnusl ooint darnuard =lectrical oorer .),o". t - C , ^tt , a--nr */'A'*tlil-- t*rgt DL l/rolaHemtersbram n%) lent- .+57- I Gao)*in s.0t[)ooFtont"nk ,/fear-oroof trash receotades 6 coA Sewaoe storaoe fanktvne 4-,n - firat ^ )ElnO Sr*ac.-lJAt:-;l Iank location Eo-* Snur* O F fzetLE4.' Iank size min 1.(XXloal.. max 2.fiXlsal. fankcondition Fa-*- fi,r, TrnLrtLEt\ oi 0./7287'rt R<- ?ro*r*Et r'z Z.tPtAtalt Iank closed/lid in olace L-t te at 8fi7-H t /*turs usviEt ttE f 3rade to tanks Irailers oertank Gui;mer =) fank obino size& materhl 3 " ?y'L min- = f,. &raHe. non-absorbenl smooth {larm svstem f"'r.' i\I oer tank Pipinq & connedions to tank(s) ,l,aszfr fr) y'*t ,z-rt s t*)t ) ^ E?l t- )*trt '|-tClf *rnaoe/mtable water oioino seoaration /;ryr t2 a<< t rz tE Pioino suomrts Gmar'. Not allowed Site lssues/tlotes