HomeMy WebLinkAbout5.0 Staff Report BOCC 3.10.08(-+C,Q,r/ 5 <az/c*/ </'%**
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BOCC Exhibits (311012008) (Continued from February 4,20Q8 and November 19, 2007)
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Exhibit
Letfer .
{Lto Z\
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A Garfield County ZoningRegulations of 1978, as amended (the Zoning Code)
B Staff Memorandum
C Application
D Resolution 2006-108 Amendine Section 5.02.21 - ll-13-2007
E Recently adopted Rio Blanco County Temporary Living Quarter regulations and
related materials, dated 6-25 -2007
F
Colorado Department of Public Health and Environment, Water Quality Control
Division, Primary Drinking Water Regulations (Amended January 19,2005),
Section 1.2
G Letter and Presentation from Doug Dennison of Cordilleran Compliance dated 11-
5-2007
H Section 5.02.23. Small Temporary Employee Housins facil tv - dated ll-8-2007
I Section 5.02.22, Minor Temporary Employee Housing facility - dated lI-8-2007
J Section 5.02.21, Major Temporary Employee Housing facil E - dated lI-8-2007
K Proof of Publication
New Exhibits for February 4,2008
L Outline of "Temporary Housing Building Code Regulations - Garfield Coun8"
New Exhibits for March 10.2008
M Letter from Dean Tinsley of Williams Production RMT Co. dated February 12,
2008
N Memo from David Pesnichak of Garfield County Planning Department in response
to letter from Dean Tinsley of Williams Production RMT dated February 21,2008
o CDPHE, Dept. of Public Health and Environment, Guidelines on Individual
Sewage Disposal Systems Section II. C. 1-5
P Resolution 94H-136 concemed with the adoption of the Individual Sewage
Disposal Regulations, Revised 1 994
a Colorado Division of Housing clarification of issues related to the use of structures
at remote sites (man camps)
R Letter from Doug Dennison of Cordilleran Compliance dated February 12,2008
S
Email from David Pesnichak, Senior Planner and Larry McCown, Garfield County
Commissioner dated February 28, 2008
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Exhin'it
€n.,/eo/ 6 rt s /' z /e712ef
BOCC Exhibits (3/lOl2OOS) (Continued from February 4,2008 and November 19, 2007)
A ffigulations of 1978, qs amenaea (tfre Zoning Co@
B Staff Memorandum
C Application
D 21 - rl-13-2007
E
Temporary Living Quarter regulations and
F
ealth and Environment, Water Quality Control
Division, Primary Drinking Water Regulations (Amended January 19,2005),
Section 1.2
G
ug Dennison of Cordilleran Compliance dated 11-
5-2007
H @orary Employee Housing facility - dated 11-8-2007
I @porary gmptovee gousing rac
J ffiporary Employee Housing facility - dated 11-8-2007
K Proof of Publication
New Exhibits for February 4,2008
L ffising Building Code Regulations - Garfield County"
New Exhibits for March 10,2008
M iliams Production RMT Co. dated February 12,
2008
N ffichak of Garfield County Planning Department in response
to letter from Dean Tinsley of Williams Prodr"tiot RMT duted
o th and Environment, Guidelines on Individual
Sewase Disposal Svstems Section II. C. 1-5
P R"r"t"ti", %H-136 concerned with the adoption of the Individual Sewage
Disposal Resulations, Revised 1 994
a ffiHousingclarificationofissuesrelatedtotheuseofstructures
at remote sites (man camPs)
R f"tt.. fr"- O""e De*ris,.o" of Cordilleran Compfiance dated February 12,
Exhibit
tetter
{A,tn7}
Exhibit
Memorandurn
To: John Martin, Garfield County Commissioner
Tresi Houpt, Garfield County Commissioner
Larry McCown, Garfield County Commissioner
CC: Fred Jarman, Building and Planning Director
Andy Schwaller, Chief Building Offrcial
David Pesnichak, Senior Planner
Datcl.212212008
Re: Update to Staff Report dated February 4,2008 regarding "Temporary Employee
Housing"
Background
In addition to the background as presented in the February 4,2008 Staff Report, the Board
of County Commissioners (BOCC) heard this application on February 4, 2008, took
additionai public comment and continued the public hearing to March 10, 2008. At this
hearing, th; BOCC requested an analysis of pros and cons as well as a look into additional
actions which may be required by the BOCC for several options which were not apart of the
Staff report as presentedtn February 4,2008. This analysis included the following options:
Small Temporary Employee Housing Facilities:
1. Use-by-Right, Building Permits required, ISDS Permits required, Performance
Standards, Notification requirements. (As Proposed by Staff and Planning
Commission andfurther explained in the forthcoming Staff Report from
February 4, 2008.)
2. Use-by-Right, Building Permits required, ISDS Permits required, Performance
Standards, No Notifi cation requirements.
use-by-Right, No Building Permits required, No ISDS Permits required, No
Notifrcation requirements, Performance Standards Verified by Third-Parfy PE
lnspection (all records maintained by operator and available upon request to
Garfield County).
use-by-Right, No Building Permits required, No ISDS Permits required, No
Notification requirements, No P erformance Standards.
J.
212212008
4.
-1-
Analysis Chart
212212008
Temporary EmPloYee Housing
Small Temporary
Employee Housing
Section 5.02.23
(As Proposed by Staff
and PC)
Small Temporary
Employee Housing
Section 5.02.23
(Use-by-Right with
P erfo rman ce Stan dar ds,
Only Building Permit,
No Notification
Reqairements)
Small Temporary
Employee Housing
Section 5.02.23
(Use-by-Right with
P erfo rman c e Stan dar ds,
No Building Permit, No
ISDS Permit, No
NotiJication
Requirements, Third-
Parfi Veriftcation with
P erfo rmanc e St sn dar ds )
Small Temporary
Employee Housing
Section 5.02.23
(Use-by-Right, No
P erformanc e Stan dar ds,
No Building Permit, No
Notiftcation,I{o /SDS
Permil)
Descrintion
I
Performance Standards
verified at Building
Permit Stage. Adds form
for Sheniffs Office
and/or Fire District to
sign indicating that all
necessary information
has been received and
that applicant will abide
by all identified
performance standards.
Fines and enforcement
in conformance with
state law and Zoning
Resolution.
Performance Standards
incorporated in same
fashion as Commercial
Standards (Section
3.07.01). No wriffen
verification is required
that Sherrifls Office
and/or Fire District have
been notified and
received necessary
information. No
additional paperwork as
apart of Building Permit.
Fines and enforcement in
conformance with state
law and Zonng
Resolution.
No Building Permit
required as long as
development meets basic
characteristics for Small
Temporary Employee
Housing. Performance
Standards incorporated in
same fashion as
Commercial Standards
(Section 3.07.01). No
written verification is
required that Sheniffs
Office and/or Fire District
have been notified and
received necessary
information. Installation
of facility in accordance
with Performance
Standards outlined in
Section 5.02.23 shall be
conducted by a third-
party inspector and
backed by a Colorado
Registered PE. All
compliance records shall
be maintained bY the
operator. Fines and
enforcement in
conformance with state
law and Zontng
Resolution.
No Building Permit
required as long as
development meets basic
characteristics for Small
Temporary EmploYee
Housing. No
Performance Standards
for development. No
notifi cation requirements
to Sherriffs Offrce
and/or Fire District. Fines
and enforcement in
conformance with state
law and Zonng
Resolution.
1-L-
Small Temporary
Employee Housing
Section 5.02.23
(As Proposed by Staff
and PC)
Small Temporary
Employee Housing
Section 5.02.23
(Use-by-Right with
P erfo rmanc e Sl an dtrds,
Only Building Permit,
No NotiJication
Requbunents)
Small Temporary j
Employee Housing
Section 5.02.23
(Use-by-Right with
Perfo rmance Standards,
No Building Permit' No
ISDS Permit, No
Notiftcation
Requirements, Third-
Party Veriftcation with
Performance Standards )
Small Temporary
Employee Housing
Section 5.02.23
(Use-by-Right, No
Perfo rmance Standards,
No Buikling Permit, No
Notiftcation, No /SDS
PermiL)
Pros - lncorporates checks
and balances system uP
front to help assure
compliance with
identified standards
without creating new
permitting process.
Proactive vs. Reactive.
- Applies additional
Performance Standards
Specific to Temporary
Employee Housing.
- Pro-activeness helps
limit the number of
cases which Garfield
Corurty will have to
"chase" for compliance
ifchecks and balances
system is not
incorporated at initial
permitting stage. A lack
of pro-activeness pushes
expense of compliance
to general tax payer and
away from the applicant.
- Ensures Sheriffs
Offrce and Fire District
are informed and have
obtained all necessary
information.
- Ensures compliance
with Building Code.
- Ensures compliance
I with ISDS Regulations.
- Incorporates checks and
balances system up front
to help assure compliance
with identified standards
without creating new
permitting process.
Proactive vs. Reactive.
- Applies additional
Performance Standards
Specific to Temporary
Employee Housing.
- Pro-activeness helPs
limit the number of cases
which Garfield CountY
will have to "chase" for
compliance if checks and
balances system is not
incorporated at initial
permitting stage. A lack
of pro-activeness pushes
expense of compliance to
general tax payer and
away from the applicant.
- Ensures compliance
with Building Code.
- Ensures compliance
with ISDS Regulations.
- Limits County expense
to carry out regulations.
- Limits County expense
to carry out regulations.
- Applies additional
Performance Standards
Specific to Temporary
Employee Housing.
- Ensures applicant has
easier and less expensive
path to development.
- Limits County expense
to carry out regulations.
- Ensures applicant has
easiest and least
expensive path to
development.
2t2212008 -3-
Small Temporary
Employee Housing
Section 5.02.23
(As Proposed by Staff
and PC)
Small Temporary
Employee Housing
Section 5.02.23
(Use-by-Right with
Perfo rmance Standards,
Only Building Permit,
No Notiftcation
Requirements)
Small Temporary
Employee Housing
Section 5.02.23
(ase-by-Right with
Performance Standards,
No Building Permit, No
ISDS Permit, No
NotiJication
Requirements, Third-
Party Verification with
P erfo rmanc e St andar ds )
Small Temporary
Employee Housing
Section 5.02.23
(Use-by-Right, No
P e rfo rm an c e S t an dar ds,
No Building Permil, No
NotiJication, No /SDS
Permil)
Cons - Applicant must obtain
additional sigrr-offs at
Building Permit stage.
- Time to review and
issue Building Permits.
- Does not ensure
SherifPs Office and Fire
District are informed and
have obtained all
necessary information.
- Time to review and
issue Building Permits.
- Does not ensure
SherifPs Office and Fire
District are informed and
have obtained all
necessary information.
- Does not ensure
compliance with Building
Code.
- Does not ensure
compliance with ISDS
Regulations.
- lncreased cost of
compliance passed on to
Garfield County tax-
payer. Compliance
measures reactive instead
ofproactive.
- Does not ensure
Sheriffs Office and Fire
District are informed and
have obtained all
necessary information.
- Does not ensure
compliance with Building
Code.
- Does not ensure
compliance with ISDS
Regulations.
- Increased cost of
compliance passed on to
Garfreld County tax-
payer. Compliance
measures reactive instead
ofproactive,
- Does not aPPIY
additional Performance
Standards specific to
Temporary Employee
Housing. Reduced
enforcement abilitY.
212212008 -4-
Small Temporary
Employee Housing
Section 5.02.23
(As Proposed by Stalf
and PC)
Small Temporary
Employee Housing
Section 5.02.23
(Use-by-Right with
P erlo rman c e St andar ds,
Only Building Permit,
No NotiJication
Requbements)
Small Temporary
Employee Housing
Section 5.02.23
(Use-by-Right with
Performance Standards,
No Building Permit, No
ISDS Permil, No
NotiJication
Requirements, Third-
Party Veriftcation with
P erfo rmanc e Stan dar ds)
Small Temporary
Employee Housing
Section 5.02.23
(Use-by-Right, No
Performance Standuds,
No Building Permit, No
Notification, Na ISDS
Permit.)
Required
Additional
Steps for
BOCC
None.None.- Blanket exemption from
ISDS regulations for
vault-and-haul wastewater
disposal systems
(amendment to Reso
94H-136): Per Section
ILC. I -5 of the CDPIIE -
WQCD,5 CCR 1003-6,
the BOCC and CDPHE
must review and/or
approve amendment to
allow for vault-and-haul
disposal systems which
accommodate less then
2000 gpd.
- Exemption from
Building Code: As per
Sec. 30-28-204, the
BOCC may amend the
building code by
resolution after public
hearing. Notice of
hearing is required for at
least 14 days prior to the
hearing in a local
newspaper. More
specifically, a definition
would need to be added
to Section 202 and an
exemption added to
Section 105.2 (15).
- Blanket exemption from
ISDS regulations for
vault-and-haul
wastewater disPosal
systems (amendment to
Reso 94H-136): Per
Section II.C. l-5 of the
CDPTIE - WQCD, 5
ccR 1003-6, the BOCC
and CDPFIE must review
and/or approve
amendment to allow for
vault-and-haul disPosal
systems which
accommodate less then
2000 gpd.
- Exemption from
Building Code: As Per
Sec. 30-28-204, the
BOCC may amend the
building code by
resolution after public
hearing. Notice of
hearing is required for at
least 14 days prior to the
hearing in a local
newspaper. More
specifically, a definition
would need to be added
to Section202andan
exemption added to
Section 105.2 (15).
2t2212008 -5-
Staff Comments
The Staff recommendation remains unchanged from the Staff Report as presented to the
BOCC on February 4,2OO}.II is Staff s opinion that, given the analysis chart above, the
original Staff and tl*trirrg Commission (PC) recommendation serves the overall public
health, safety and welfare to a greater and more effective extent then the other three options.
In addition, Staff believes that the marginally increased burden on the gas extraction
industry under the Staff and PC proposal is off-set by a greater benefit to the Garfield
County residents and tax-payers in terms of both the gas industry paying its own way and
having to abide by the proportionally equivalent standards as other housing developments in
Carfield County. That said, Staff understands and appreciates the gas industry's comments
as presented to date regarding this text amendment.
In addition, it is important to note that if the BOCC decides pursue exemption from the
Building Code and iSnS R.grlations for Small Temporary Employee Housing facilities,
these falilities will still be governed by any and all applicable State Electrical lnspections
and Permits, Colorado Division of Housing requirements, and relevant fire protection
district requirements. To date, the Garfield County Building Permit has served as the
umbrella plrmit to ensure that the units are installed to the relevant Building Code and that
all other inspections have been completed before a Certificate of Occupancy is issued.
Outside providing general oversight and assurance that all necessary parties are involved in
the process, the extent of the Garfield County Building Department inspections has been
relaiively limited. past experience with certain gas extraction companies has illustrated that
although many years of experience may be in play on the part of the gas industry and their
contractors, the facilities have not all been installed up to the relevant Building Code or
Electrical Code standards or been obtaining necessary inspections from the relevant fire
protection district or State Electrical Inspector (By way of example, See Exhibit Q and
attachment of 3-page list of electrical deficiencies identified by State Inspector for the
Williams Petroleum RMT Co. Trail fudge facility). It has been Staff s experience to date
with currently approved Temporary Employee Housing facilities that approval ofthe units
from the Colorado Division of Housing and obtaining a State Electrical inspection have
been the most time consuming pieces of the Building Permit process. However, without a
Garfield County Building Permit process in place it is tikely that some operators of the
Temporary Employee Housing facilities will not obtain these otherwise necessary
inspections and permits.
To this end, if an operator is going to abide by other necessary inspections and permitting
requirements, it is unlikely that the timeframe to approval will be substantially shortened if
the BOCC decides to exempt the gas industry from the Garfield County Building Permit and
ISDS permit requirements for Small Temporary Employee Housing facilities' As a result,
Staff continues to recommend that Building Permits, ISDS Permits, Performance Standards
and Notification Requirements be required for all Small Temporary Employee Housing
facilities. In addition, Staff also continues to support the Planning Commission
recommendation for Minor and Major Temporary Employee Housing facilities as outlined
212212008 -6-
in the Staff Report dated February 4,2008.
In regards to additional steps which will need to be accomplished by the BOCC if it is
decided that Small Tempoiary Employee Housing facilities are to be exempt from the
Garfield County Building Code and ISDS Regulations, there are two processes which will
need to be observed:
l) A blanket exemptionfrom the 1SD.S regulations for vault-and-haul wastewater disposal
systems (See Exitbit b1. tttis process requires that the CDPHE receive the proposed
amendments at least 30 days prior to the noticed public hearing with the Garfield County
Board of Health for their review and comment. This public hearing is required to be noticed
at least 20 days in advance in a newspaper of general circulation within Garfield County.
Following the public hearing, the Garfield County Board of Health is required to forward
the approved amendment to CDPHE for their review. The CDPHE is permitted 45 days for
this rwiew. If the CDPHE determines that the request for a blanket exemption from the
ISDS requirements for Small Temporary Employee housing facilities is less stringent then
the CDPiIE regulations, then it appears that Garfield County will not be able to adopt the
exemption from these regulations. However, if the CDPHE determines that the proposed
e*emption is not less stringent then the State Board Guidelines, then Garfield County will
be able to codify the proposed amendments.
Following a conversation with Kent Custer at CDPHE in Denver on Februwy 22,2008,
Staff understands that an exemption for vault-and-haul systems would be considered less
stringent than the current State regulations. As a result, the CDPHE would likely not permit
an amendment to exempt Small Temporary Employee Housing facilities from the local
ISDS regulations. For a final statement from CDPHE, however, the BOCC would need to
initiate an application to the CDPHE requesting the exemption'
2) An amendment to the Garfietd County Buitding Code to both create a definition for
..Small Temporary Employee Housing" to Section 202 andan exemption added to Section
105.2 (15). Amendments to the Building Code are govemed by CRS Section 30-24-204'
This Section requires that a public hearing be conducted by the BOCC to amend the
Building Code. This Section requires aI4 day public notice in a newspaper within Garfield
County.
2t2212008 -7 -
BOCC 21412008
DP
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT (OWNERS):
REPRESENTATIVE:
Amend the text of Section 5.02.21, 5.02.22 and
5.02.23 of the Zoning Resolution of 1978, as
amended regarding "Temporary Employee Housing"
Board of County Commissioners, Garfield County
Garfield County Planning Department
I. BACKGROUND
On November 13, 2006, the Board of County Commissioners directed staff to draft an administrative
process for permitting facilities to house those individuals deemed as "essential personnel" on oil
and gas extraction locations. This direction is based on an interpretation from the_Colorado Attorney
General's office that the Colorado Oil and Gas Conservation Commission (COGCC) does not
regulate housing located on well pads. Since Garfield County employs exclusionary zoning, unless
Cirfieto Counryldopts regulations addressing this kind of housing in some fashion, it is in effect a
prohibited land use.'At this point, any housing that is located on well pads is illegal unless it has
'been issued a Special Use Permit under Section 5.02.21 or the facility houses four or less
employees, contractors or subcontractors.
The context of this direction from the BOCC to Planning Staff is underscored by a November 2006
amendment by Williams Production RMT which changed Section 5.02.21 to accommodate
manufactured homes and recreational vehicles for use as temporary employee housing (Resolution
2006-108). The revision of Section 5.02.21 was effective in all zoning districts and includes
provisions for temporary employee housing by resource extraction industries. This Special Use
Fermit process requires at leasf one public hearing with the Board of County Commissioners and
typically takes 60 - 90 days of review from the date of Technical Compliance.
Since November 2006 and at the direction of the BOCC, County Staff has worked with industry
representatives, interested public and relevant government officials to establish regulations that
accommodate a timelier and less staff intensive process for "essential personnel" facilities on oil and
gas extraction locations. The following milestones have been observed to date:
March 14,2007 - Planning Commission recommends revocation of the "Oxy Amendment"
allowing "Camper Parks For The Purpose Of Providing Temporary
Quarters to Employees and Contractor of the Energy Extraction
May 3,2007
lndustries" in the RL Zone District.
- Temporary Employee Housing regulation overview presented to the Energy
Advisory Board (EAB).
May 7 ,2007 - BOCC revokes "Oxy Amendment".
frlay S, ZOOZ - First Staff Draft Presented to the Planning Commission.
August 8,2007 - Second Statf Draft Presented to the Planning Commission.
August 22,2007 - Staff holds public meeting for all interested public to discuss options
presented to the PC to date and new options.
-1212212008
September 12,2007 - Third Staff Draft Presented to the Planning Commission. Planning
Commission recommends approval by a vote of 4 to 0 (See Exhibits H, l, J).
November 19,2OO7 - The Board of County Commissioners accepted the public notice for this
application, heard a staff presentation regarding the Staff and Planning
Commission proposaland took public comments. The Board decided to
continue this Public Hearing to February 4,2008.
There are numerous degrees to which Garfield County can regulate the housing on well pads from a
straight "Use by Right" wnn no performance standards to the regulations as recommended by the
plan-ning Commission. In reality, Garfield County has the authorityto regulate Temporary Emp]9yee
Housinf facilities from a straight "Use by Right" to outright prohibition. Garfield County Staff and
Plannirig Commission are recommending regulations that are closest to the "Use by Right" s_cengrig
and arJvery light on regulation. This course of action is, however, closest in line with Garfield
County's past history in regulating the oil and gas industry, particularly when it comes to the
placemeni, impact fees and operation of oil and gas well pads themselves. Further, by requiring the
oil and gas industry to obtain land use permits and building permits for Temporary Employee
Housing facilities (aka "man-camps"), the industry is in fact being forced to abide by the same
standards which other industries operating in Garfield County have to meet and thus, the oil and gas
industry is not being required to do anything extra, but simply live up to the business and operating
standaids already established in Garfield County. ln addition, as our current Zoning Resolution is
notwritten in an industry specific manor, Staff and the Planning Commission do not recommend and
has not drafted regulations which are specific to the oil and gas industry. Specifically, Staffs focus
as well as the Plinning Commission's focus has been on the best way to mitigate the impacts
created by this kind of iemporary development. Specifically, Staff and the Planning Commission
have focused, but have not been limited to the following list of impacts:
- Water and surface contamination from wastewater and sewage;
- lnfectious disease transmission from exposure to raw sewage and/or contaminated drinking water;
- Wildlife and habitat protection;
- Soil erosion and the spread of noxious weeds;
- Wildfire protection and prevention;
- Vehicle and access safety;
- Safety of occupants within permitted buildings and structures;
- lnsurance that fire and emergency response personnel can locate and find facilities;
- lncreased "footprint" of structures and roads in the backcountry'
Following the September 12,2007 Planning Commission meeting, Planning Staff and the Planning
Commission are recommending a three level permitting system based on location, duration of time
at location, review agency, and maximum occupancy of the Temporary Employee Housing facility.
An outline of these levels is as follows:
2t2212008 -2-
Temporary Employes Houslng a3 Fldcomftended by Flanning Commission
Board ol County Commissioner Me*ting - November 19, 2m7
Outline ol Proposed Seetion 5.82,21, 5.m.22' and 5.02.23
il,laior Temporary Employ66
Housing
Section 5.02.21
Manor Tomporary Employae
Houeing
Scction 5.02,22
Smell Temporary Employee
Hausing
Section 5.02.23
Locatlon
Any Zone District
On or Otl slals or ,ederally
p€rmitted site
Any Zone Disttict
Compl€ieiy conlained vYithin a
siate or federally Permitted site
in v{t{ch reclatnation and
revegetalion are secured with
the pBrmrtling agency-
Any Zofle Disltict
Completely contained within a
state or tederally permitted git6
in wflich reclamation and
revegetation are secured with
the parmilting agsncy.
Definition of "Temporary"
Over on6 year wifn annuai review
lf vault-anci-haul wastswater as
proposed then li.nited to oile year
Limited to one year Umilsd lo one year
Review,llssuing DePertment
SpBcial Use Pemil
Revjewed by Planning
Dspartm€nt
Permit lssued by BoCC
Administrativa Pormit
Hevlewed by Planning
Department
Permit lssued by Planning
Director
Uss by Righl - wi Part. Stand.
Reviewed by Bullding
Deparlmer{
No Land Use Permit lssued -
Compliance wl $tandards
domoflstratsd al Building Permit
Occupancy Limitalions 25+ Beds 7-24 Beds 1 " 1 e Beds wilh 11 Occupaocy
N€rt St6pg
lmplernental,on lrnplementatiofi Amend Bdiding Code lo
Bequire RV's to Obtain Building
Permit
Several points are worth noting as background to this outlined recommendation.
The maximum occupancy for the Small Temporary Employee Housing Facility is aimed at
limiting the number of people permitted as a Use-by-Right to 6 individuals at any one time.
Following discussions with oil and gas industry representatives, Staff and the Planning
Commisiion understand that their personnel hold alternating two week shifts. Since crew
members typically do not rotate beds, to accommodate a constant crew of six individuals, the
facilities need to iccommodate up to twelve beds. The resulting compromise is the permission
of up to 12 beds as a Use-by Rightwith the maximum occupancy of those beds limited toYz(up
to 6 beds) occupied at any one time.
A constant discussion point throughout the negotiations to developing these regulations has
been around increasing the occupancy limits for each of the three tiers. lt is Staffs opinion that
increasing the occupancy limits would undermine the intent of the regulations in terms of
impacts to neighboring property owners, particularly in the more populous zone districts.
Although Staff- underslands and appreciates the reasons that the oil and gas industry
repres;ntatives have presented for raising the limits, the changing of shifts for a two week
period of time is primarily related to the oil and gas industry (and possibly just a few companies
within the oil and gas industry) and hence is not appropriate reasoning for a non-industry
1.
2.
212212008 -3 -
specific regulation. ln addition, although the 1-6 (1-12teds),7-24 and 25+ o.ccupancy limits
may seem- (or in some respects may Ue; arbitrary, Staff feels that these limits represent
reasonable breaking points based onihe expected impacts of the relevant occupancy to the
level of review. lt ijimportant to note, however, that there is no hard science to determine
where a population will create impacts that become problematic, but it is an issue of relative
perception. Based on this analysis and reasoning, less review is appropriate in zone districts
which are more sparsely populited. As a result, a compromise position may be only increasing
the limits for review within the Resource Lands (RL) zone district (orwithin the RL zone district
sub-categories), where most of the drilling activity is taking place and which has a very low
density oi resid'ential dwelling units. This cbmpromise position was presented to the Planning
Commission on September-12. At this meeting the Planning Commission generally felt that
increasing density in the remote portions of the RL Zone District is not appropriate due to
increased impacts on the environment of those remote locations'
3. Due to a recent interpretation of the Colorado Department of Public Health and Environment
(CDpHE) Water Quality Control Division, Primary Drinking Water Regulations, it is the
understanding of County Staff, based on conversations with the Garfield County Public He.alth
Department anO COpnE Statf, that most likely all of the Temporary Employee Housing facilities
will not be required to obtain a state permit as a community water supply. Due to_ this
interpretation, oil and gas industry representatives have questioned the rationality of the 25 bed
cut-off between the draft Minor ana Malortemporary Employee Housing regulations. However,
see number 4, below, for further commentary'
4. Folowing discussions with CDPHE and the Garfield County Public !"ql! Department, it has
become evident that the operator of a Temporary Employee Housing facility which incorporates
vault-and-haulwastewatei disposalwill noi need to obtain a state ISDS permitwhen thefacility
produces 2000 gallons of wastewater per day. However, Staff believes that this is a tried and
irue breaking point to push an operator into the state permitting requirements. The statf and
planning Co-mmission proposed Sections 5.02.21 ,5.02.22 and 5.02.23 require an operator to
use an i-SDS wnen the'facility creates 2000 gallons or more of wastewater per day. Since the
Temporary Employee Housing facilities are to be occupied 24 hours per day, 7 days per week
and many of the proposed housing facilities have laundry and dining_ services, Staff has
interpreted the wastewater production to be most similar to a single family residential unit per
the Colorado State Board of Health, Guidelines on lndividual Sewage Disposal Systems. As
such, Staff suggests using a standard rate of 75 gallons per person per.day of wastewater
production. AaseO on this iate of production, a Temporary Employee Housing facility will need
io obtain a Site Approval and Discharge Permit from the Colorado Department of Health at a
capacity of 26.66 individuals. Hence, Staff views the breaking point of 25 personnel (counted in
beds) as reasonable based on State wastewater permitting standards. ln addition, the draft
regulations require that at the point a facility reaches 2000 gallons of wastewater production per
da-y, the facility must be served by an ISDS and not a vault-and-haul scenario'
5. Although the SmallTemporary Employee Housing Facility (STEHF) is a Use-by Rightscenario
for up io 12 beds wilh% occupancy, there are Performance Standards associated with this
property right. ln otherwords, even though there is no land use permit issued, the standards by
*nitrt theJe facilities must abide by to remain a Use-by-Right are checked at the Building
permit stage. This situation is similar to that currently in used for all Uses-by-Right within the
Light lnduslrial Zone District. The primary difference between a straight Use-by-Right and what
isiroposed, is that there are performance standards which must be met for the use to remain a
2122/2008 -4-
right to the property. lf these standards are not met, the use becomes a zoning violation' ln
aldition, the propoied Section 5.02.23 requires additional information which must be submitted
along with the Building Permit. This additional information includes notification and submittals to
the relevant fire prot6ction district and Sherriffs Office. An issue with this scenario is that
recreational vehicles do not require a building permit under our current Building Code' This
leaves a loop-hole of sorts in the STEHF regulations when it comes to checking that the
performance standards have been met. ln orderto insure compliance with these standards and
submittal requirements, the proposed Section 5.02.23 will require a subsequent amendment to
the building code to require all recreational vehicles used as Temporary Employee Housing to
obtain OuitOing permits. This is necessary so that it can be verified that all notification,
performance Jtandards and submittal requirements have been or can practically be met. The
irlanning Commission is recommending that the Building Code be sub.sequently modified to
correct i-his loop-hole, however, upon further contemplation on this point by Staff, it has become
evident that another path may be necessary to resolve this issue. This issue will be discussed
later in this Staff RePort.
Early in the process of establishing regulations to acc_ommodate "essential personnel" aq .al
administrative permit, it was the deJire of tfre Planning Commission to create regulations which
"n"orr"g"d
"self-regulation" through "heavy" fines and unnoticed inspections. The County
Attorn"/r otfice (cAb) has reviewed State stltutes regarding zoning violations and relayed to the
B&P Department the determination that Garfield County:
1 . Cannot impose a fine without a Court Order; and the flne cannot be greater_than the $100.00 per
day (District Court) or $500.00 - $1,OOO.O0 per day (County Court) fine set by statute'
Es-sentially, the Court, not the County, fines the violator; and,
2. Cannot, under its land use authority, inspect a site without notice and/orthe consent of the land
owner and, probably, the operator of the Minor Facility. The County llaJle able to engage in
"warrantless adminiitrative searches", without notice, under County ISDS regulations and the
State ISDS statute, if certain language is included in that set of regulations and in the application
and/or the permit. Whether acting under its land use, public health.o.r.general police Power
authority, however, the County and its representatives/officials must abide by federal and state
Fourth Amendment Search and Seizure law.
Thus, the County's ability to enforce "self-regulation" by using unannounced inspections or
imposition of fines, of any amount, is limited. Oespite this interpretation from the CAO, per Staff has
stayed the course of creiting an environment of i'self-regulation" even though the reality is that the
County has little ability to enforce the proposed "light" set of regulations.
More specifically, the following chart outlines the process and requirements of each permitting tier:
2t22t2008 -5-
fempoiary emptoyse Housing s! Becommendad by rhe Planning commlsslon
Board oi County Commisionelg - Novembs 19.2007
(Section 5,02.21, Sactien 5.02.22. and Section 5.02'23)
Planning coffmi$sion
Rerommendation
{Septamber 12,2@7t
Stat{ Propoaed Changes !o
Planning commission
Recommendation
{For't1/192007 BOCC)
Adopted Rio Blanco BegulaHona
(July 25, 2007)
Proc€ss
1. Use By Right with Poiloffimco
Standards - 1 -1 2 Beds with 5tr4
Occrsancy Limit (Section
5.O2-2?\
2. Adminisllative Peftnll - 7-?4
Beds wilh 1ffiero occupancy
(section 5.02.221
3. SUP - 25 or ff}orE Beds wilh
1 ooori' Occupancy {Seclion
5.O2.21t
'1. Use By Bighi fith Perloflnance
Standards - 1 -12 B€ds with 50%
Occupancy Limil (Section 5.02.23)
RV'8 must obtain Administrative
Psrmit
2. Administrativo Pormit - 7"24 Bsds
rilth 1004,1" Occuparny {Section
5.02.22].
3. SUP - 25 or more Beds wilh 1000.6
Occuparcy (S6ction 5.02 2 1 )
1. "Tomporary Us€ Permit" - Srnall
On-Site OuartsB - 25 or iqs
indivkJuals at a work localiofl
2. "Sp€cial Uss Permil" - Small
Central Location Quarters - Up to 50
rilorkers not of, work localion - Public
H6aring
3.'Sp*ial Use Pennit" - Large
Cgntral Locatiofl Ouarters - 50 or
more mrkers nol On 'r&rk locatlon -
Processing Timelint
1. Usa By HigH - Depeadanl on
Building Permit
2. Admin6tralive Pomil - UP to
45 days
3. SUP - 60 to g0 days
1. l,rse Ay Eigfr - Dependant on
Buildi.g Pemit
2. Administratjvs Parnit - UP to 45
days (Eliminrta AW9P Option)
3. SUP - 60 10 90 days
'1. 'Tsporary Use Pemit" - No
f lmelane Specifed '. Anticipated to
be 2 weeks.
2. "Speial Use Permit' . No Timoline
Specified
3 "special Use Permit" - No Timelins
Slwifi€d
SaviewItauing Oapartmsnt
1. Use By Right - Revie$/:
Buitding D€pr-, Psrmitt Building
Deparlrneri
2. Adrninistrative Permit -
Reviaw: Planning Depl., Pemtit:
Pianning Dept.
3. SUP * Beviow: Planning DePt.,
P€rmh: BOoG
1- Use By Righl - Rovtew: ljurldrng
Depl., Pemit: Building Departmont
2. Admifliskalave Permit - Review:
Planning Depl. Permif Planning
Dept.
3- SUP - Bovler Planning DePL,
Permlt BOCC
1. 'Temporary Use Permif - Planning
06partmonl
?. "Special Use Pemif ' Banning
Departmant
3, "Special Use Permil" - Planning
D6paItm€nt
Public Noiica
1. Use By Right - None
2. Administtative Pemit -Within
2o0' f;Om Suliact Prop (Can bo
ffimplished as part ol AWDP)
3. SUP -Wifiin 200'from Subiec't
Pron
1. Uss By Rigtlt - Non€
2. Adminislrativ6 P6rmit - Within
20o'trom PerEit Sile in tll, trom
Subi6ct Prop in .ll olhar 2one
disricB.
3. SUP - Within 200'
1.'Iempomry Usa Pamif - Nooe
2- 'Special Use Permit" - None
3. 'Special Uss Pgmif - Nona
Beleral3
1. Use By Bighl - None
2. Admir'ristralive Permil - Sign
Off Requir6mffiis lor Sharitf, Fire.
Building Prior to Submitlal ol
Application. {Can b€
aeomplished as part of AWUP)
3, SUP - Al lhe disc.e{ion ol the
Planr$m D6oarimenl
1. Use By Eight - Nona
2. Adfiirrslralive Permit - Sign OII
Requitemenls lor Sherilf, Firs,
Bullding Prior to Submittal ol
Apdicalion.
3. SUP - Al the discretion of lhe
Planning Deparlrnenl
t, femporary Use Permit" ' Nona
2. "Spqoal Use Psmil" - lt Found
Necessaly
3. "Spacial Uss Petmif - ll Found
Nec$saty
Appeatlcall-up Provisions
1. Uss By Right - Norle
2. Administrative Pomit - 14 OaY
App€al Pariod - Applicanl,
Abulting Property OMer or
BOCC (Ctr be sccotnPlishad as
part ol AWDP)
3. SUP * Al the discretion of the
BOCC
1. Use By Bighl - None
2. Administralive Permit - 14 Day
Appeal Period - Applicant, Abuti,ng
Pmperty Ownor or BOGC
3. SUP - At the diserelion of tho
BOCC
t.rT6mpowy Use Pannff - Nore
Known
2.'Spocial Use Pemil'- Nofle
Knom
3- 'Sp6cial Use Pamif - None
Knoiln
Enforc€mant
1. Use By Fl'ghl - Fines Bnd
6nlorcement in &cordance with
Btate law and Zoning Rgsolulion
2. Adminislrslive Psrmil - Fin€s in
accordanca with stale law and
Zoning Besolutio, - Rsvooation ot
Permit lor incidsnce oI
Nonconlomanca - ll P€rmil
reYoked- site musi be vacated
wilhin 10 business days - 4!t
revoksd permit teligves Operatol
trcrn enjoying fhe Administralivo
Permit process in lh€ fulure.
3. SUP - Fines and enlorcement
in accordarEe with state law aM
Zoning Resolution, revocabls
mrmlt
1. Use By Blghl - FinBs and
oniorcement in accordanca wilh stal€
law and Zoning Resolution
2. Administralive Permit - t:ines in
aeordance with slate law and
Zoning Bosolution - Bovocation Qf
Permil for incidence ot
Nonc$nromlance - l, pemil revok€d,
silB must bo vacalod wilhin 10
business days - 4t revokod Peffiil
relieves Op6rator trorn enjoying lhe
Administralivo Permit press ir! the
future.
3- SUP - Finas and entorcemenl in
accordance wilh state law and
Zoning Resolution, rovocable pemii
1. 'Temporary Use P6mit" '
Unroticed lnspections; Breation of
Pemit Ponaltios as Permitted in
Land Use Rssolution.
2, "Special llse Permit'- Rsvocalbn
of Pormil; Panallies as Pemilted in
l.and tJse Resolulion.
3. "Special Use Pemit' ^ Bevealion
ol PeImit; Penalties as Pemittsd in
Land Use Resolution.
212
Small Temporary Employee Housing Process:
As stated previously, the Small Temporary Employee Housing process (STEH) in one where the
STEH is a Use-byjRignt with Performance Standards and as long as the requirements of the
Performance Standards are met as out lined within Section 5.02.23, the use remains a right to the
property. The intension is that the Applicant obtains the necessary Building Permit forms from the
'AuiiOini Department, delivers the necessary information to the appropriate fire protection district and
Garfield County Sheriffs Office and returns the signed-off forms to the Building Departmentwith the
Building Permii. Along with the appropriate sign-offs, the land owner/ authorized applicant shall sign
a form provided by the Auilding Department indicating that the Performance Standards and
enforcement provisions are undeistood and will be abided by. As will be discussed later in this Staff
Report, since RV's are not required to obtain a Building Permit under the Garfield County Building
Code, Staff recommends that all RV's, regardless of number be viewed as Minor Temporary
Employee Housing and require an Administrative Permit. There are other options to address this
issue, however, which will be discussed later.
Minor Temporary Employee Housing Process:
The administrative process is intended to be one where the Garfield County Planning Department is
the final sign-off and is the issuing agency for the Minor Temporary Employee Housing facility
permit. ln the anticipated process, the Applicant would obtain the application form and sign-off
sheets from the Garfield County Planning Department, obtain the necessary signatures from the
various agencies and deliver the completed application and signature sheets to the Planning
Department to be considered for a Minor Permit. This process will replace that of County Staff
sending the application off to referral agencies after the application is submitted. This process will
significintly reduce the overall amount of time it will take to process the application as well as
reduce County Staff time reviewing the application. ln the end, the onus will be on the Applicant to
perform the leg work for application feedback instead of relying on County resources. This has been
done in the spirit of accommodating the desire of the industry to have an expedited permitting
process. lf all deadlines as outlined in draft Section 5.02.22 are taken to their longest, this process
could take uplo 42days. However, due to the checklist nature of this permit, it is anticipated that an
administrative permit could be issued over the counter providing all information is correct and that
Staff is available immediately to process the permit. A breakdown of the deadlines for the
Administrative Permit is as follows:
. 14 Calendar Day Max. for Technical Compliance. 14 Calendar Day Max. for Determination. 14 Calendar Day Appeal Period (can be done at time of AWDP approval)
Maximum Processing Time: 6 Weeks for New Minor Permit
Maximum Processing Time: 4 Weeks for AWDP Minor Permit
ln addition to the reduced referraltime for a Minor Permit, the Planning Commission is suggesting
an Area Wide Development Plan (AWDP) option in which an Operator can complete the public
notice, sign-offs and appeal period for an unspecified operation time and for an unspecified number
of Minor Facilities. What this means, is that at the time the Applicant wants to obtain a Minor Permit
for a Minor Facility which was previously approved under the AWDP, all that would need to be
accomplished is final sign-off of the building permit and issuance of the Minor Permit itself (This is
similar in concept to the process EnCana went through to permit 31 Temporary Employee Housing
2t2212008 -7 -
facilities in July, 2OOT, only the AWDP would have allowed EnCana to obtain one blanket building
permit for all 51 camps following approval and no public hearing would have been required).
i-{o*erer, at the request of the oil and gas industry, a third tier, the Small Temporary Employee
Housing Facility, has come to fruition. nJtne AWDP was intended to act as a mechanism to speed
tne periritting process along and encourage coordination in permitting enough to not require an
aOobO layer olf permitting anJ complexity (SmallTemporary Employee Housing Facilities), the oil and
gas industry representftives or the Pianning Commission_did not agree that the AWDP would
achieve its intended goal and hence dia not agree with Staff on this point. As such, the draft
regulations recommen-ded bythe Planning Commission encompass both theAWDP and the added
Sriall Temporary Employee Housing racitity. Staff recommends that to reduce complexities within
the regulaiions
-that th; AWDP bL removed from the Minor Temporary Employee Housing
regulat'ions (5.02.22). Further, it is Staffs opinion thatsincethe MinorTemporary Employee Housltg
reiulations only apply to facilities serving 7-24 individuals that the limited utilization of the AWDP
does not warrant its inclusion in the regulations.
To remain within the spirit of an Administrative Permit, Staff also recommends that the noticing
requirements be reduced from 200' from the subject property to 200' from the permit site for those
locations within the RL Zone District. The intent is to speed the process of the Administrative Permit
where it makes the most sense. Since the RL Zone District is sparsely populated with residential
properties and a majority of the ownership is within very large oil and gas company holdings' 99f
does not feel it makes logical sense to notify from the subject property boundary, but instead 200'
from the area of impact (Permit Site).
Major Temporary Employee Housing Process
The Major Temporary Employee Housing Facility (MTEHF) process remains unchanged from that in
use todly. nt UffeHF's r,equire a Speciil Use Permit prior to issuance of a Building Permit'_T_his
process generally takes 60-90 days, requires public noticing and a public hearing with the BOCC.
Staff Recommended Changes to the Sept. 12,2007 Planning Commission Recommendation:
1. Small Temporary Employee Housing regulations (5.02.23): Although the Small Temporary
Emptoyee ttousing Faciiity (STEHF) is a Use-by Right scenario for up to '12 beds wilhTz
occupancy, there lre Performance Standards associated with this propefi right. ln other
words, even though there is no land use permit issued, the standards by which these-
facilities must abid-e by to remain a Use-by-Right are checked at the Building Permit stage. lf
these standards are not met, than a Building Permit cannot be issued. ln addition, the
proposed Section 5.02.23 requires additional information which must be submitted along
with the Building Permit. This additional information includes notification and su.bmittals.to
the relevant firJprotection district and Sherriffs Office. ln order to insure compliance with
these standards and submittal requirements, the proposed Section 5.02.23 will require a
subsequent amendment to the building code to require all recreational vehicles (RV's) used
as Temporary Employee Housing to obtain building permits. This is necessary so that it can
be verified tliat all notification, ferformance standards and submittal requirements have
been or can practically be met. An issue with this scenario is that RV's do not require a
building permit under our current Building Code. This leaves a loop-hole of sorts in the
STEHi regulations when it comes to checking that the performance standards have been
met. The Planning Commission is recommending that the Building Code be subsequently
modified to correCt this loop-hole, however, upon further contemplation on this point by Staff,
it has become evident that another path may be necessary to resolve this issue. This
2t2212008 -8-
conclusion has come from further review of the Building Code, its applicability and the
consequences of altering the code in the manner previously anticipated. Below is a list of
options in order of preference by the Planning Staff:
descri
usino Facilitv. This route would presumably make the
nV sce,n-ario rnore cornpticateO 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 treating an additional process for a very specific situation. More
specifically, an RV Temporary Employee Housing Facility accommodating24 or less
individuali would require an Administrative Permit and be considered a Minor
Temporary Employee Housing Facility. The added complexity of the permit would
presumabiy push operators toward using manufactured and pre-fabricated facilities
which are inticipateO to accommodate 6 or fewer individuals which Staff believes is
in the best healih, safety and welfare interests of Garfield County. Past experience
has demonstrated to the Planning Staff that RV facilities are less sanitary and more
difficult to control than manufactured or pre-fabricated facilities which currently
require building permits. lt is for these reasons of regulation complexity, health,
safety and welfaie that staff supports requiring all Temporary Employee Housing
Facilities which are to consist of RV's be viewed as a Minor Temporary Employee
Housing Facility.
RV's to exist as a use-by-riqht with no buildinq permit or other land use
s bv the Performance Staldards outlined in Se.ction
ffial requirements. The effect of this direction is thatthere
@urethatthesubmittalrequirementswereconductedor
are accurate and complete. Enforcement for these facilities would be entirely
complaint based and handled through Garfield County's standard code enforcement
language. Staff feels that this direction undermines the health, safety and welfare
obligations of Garfield CountY.
"Tempora d Uses"Buildi
@icframeworkpermittingtemporarystructures,butthis
section has
'been
removed from our current Building Code. The building code
requires that this be "uniform for each class of dwelling, building, or structure". ln the
OuitOing world, this means that we will then need to issue building permits for
temporary trailers at construction sites, which we currently do not do. ln addition, as
Seciion tbZ is written, "such permits shall be limited as to time of service, but shall
not be permitted for more than 180 days ... [n addition,]temporary structures and
uses shall conform to the structural strength, fire safety, means of egress,
accessibility, light, ventilation and sanitary requirements of this code as necessary to
ensure the public health, safety and general welfare". Staff understands that altering
the 180 day requirement undermines the intent of the building code itself. ln addition,
ensuring that RV's conform to the structural strength, fire safety, means of egress,
accessibility, light, ventilation and sanitary requirements of the building code is very
difficult and ovLrly onerous. The issuance of a Certificate of Occupancy for RV's
could prove legally problematic for the above mentioned reasons.
212212008 -9-
d. Eliminate the "small Temporarv Emplovee Housino" tier alltoqether. The Planning
MendedthattheBoardofCountyCommissionersadoptthe
third tier of permitting as Section5.02.23, "Small Temporary Employee Housing". A
way to handle the isiue with the RV's is to revert back to the Statf recommendation
prior to September 12, which required all Temporary Employee Housing Facilities
iewer than 25 beds to obtain an administrative permit under Section 5.02.22.
e. Create a "Temporarv Use Permit" for onlv RV Temporary Emplgvee HousinQ
Facilities. Tfris option creates a separate land use permit administered by the
Plartn'ng Department for the sole use of RV's at Small Temporary Employee
Housing Facilities. Although it appears that this option could work on paper, Staff
understands that the purpose of this exercise is to create an easier, less complicated
process, not additional processes for very specific circumstances which the Planning
bepartment then has to review and track. For all practical purposes, Staff believes
that this option will dig the regulatory complexity issue deeper and doesnot create a
practical solution to the problem at hand. ln addition, the issuance of a land use
permit for a use-by-right is not consistent with the idea behind a use-by-right'
Minor Temporary Employee Housing regulations (5.02.22): Staff recommends that the
noticing requirements be ieduced from 200' from the subject property to 200'from the permit
site for those locations within the RL Zone District. The intent is to speed the process of the
Administrative Permit where it makes the most sense. Since the RL Zone District is sparsely
populated with residential properties and a majority of the ownership is within very large oil
and gas company holdings, Staff does not feel it makes logical sense to notify from the
subject property boundary, but instead 200'from the area of impact (Permit Site).
Minor Temporary Employee Housing regulations (5.02.22): Staff recommends eliminating
the Area Wide Development Plan (AWDP). As the process has evolved, a third tier, the
Small Temporary Employee Housing Facility, has come to fruition. As the AWDP was
intended to act as a mechanism to speed the permitting process along and encourage
coordination in permitting enough to not require an added layer of permitting (Small
Temporary Empioyee Housing Facilities), the oil and gas industry representatives or the
Planning Commission did not agree that the AWDP would achieve its intended goals and
hence did not agree with Staff on this point. As such, the draft regulations recommended by
the Planning Commission encompass both the AWDP and the added Small Temporary
Employee Housing Facility. Staff recommends that to reduce complexities within the
regulaiions that thL AWDP be removed from the Minor Temporary Employee Housing
reg ulations (5.02.22).
Effects of Section 5.02.21,5.02.22 and 5.02.23 on Garfield County Resources
The implementation of Section 5.02.22 and 5.02.23 as proposed will inevitably have an impact on
Garfield County Building and Planning resources, primarily in terms of human capitol. Below is an
estimation of the impact on this County resource:
Building Department lmPacts
20072000 Est. Gas Wells Drilled
6 - 10 Est. Averaqe Wells/Pad
2t22t2008 - 10 -
2.
3.
1.5 lnspectionAl/ell Pad Move
1200 - 1998 Hours Spent lnspecting TEHFA/ear
2080 Full-Time Equivalent (FTE) in Hours
0.57 - 0.96 New FT Building lnspector
$29.716 - $50,048 Average Dollars ($52,134/yr) for a FTE Building lnspector
2008
2400 Est. Gas Wells Drilled
6 - 10 Est. Averaqe Wells/Pad
240 - 400 Rig MovesNear
4 Average Round-Trip in Hours to each Well Pad
1.5 lnspectionAl/ell Pad Move
1440 -2400 Hours Spent lnspecting TEHF|/ear
2080 Full-Time Equivalent (FTE) in Hours
0.69 - 1 .15 New FT Building lnspector
$35,972 - $59.954 Average Dollars ($52,134/yr) for a FTE Building lnspector
200 - 333
4
2007
2000
2008
2400
6-10
Rig MovesNear
Average Round-Trip in Hours to each Well Pad
Planning Department lmPacts
Est. Gas Wells Drilled
6 - 10 Est. Averaqe Wells/Pad
200 - 333 Rig MovesNear
450 - 756 Total Hours Spent on Temp. Employee Housing Apps.A/r.
2080 Full-Time Equivalent (FTE) in Hours
0.21 - 0.36 Esf. Netv FT Planner
$12,670 - $21.720 Average Dollars ($60,33W0 for a FTE Planner
Est. Gas Wells Drilled
Est. Average Wells/Pad
Est. Percentage of Small Temp. Employee Housing Fac. (Use-by-Right)75o/o Est. Percentage of Small Temp. Employee Housing Fac. (use-by-Klgnt)
2Oo/o Est. Percentage of Minor Temp. Employee Housing Fac. (Admin. Permit)
5% Est. Percentaqe of Maior Temp. Emplovee Housinq Fac. (SUP) -. . -
est. Average Hours per Small Temp. Emp. Housing Fac. (Use-by-Right)
4 Est. Average Hours per Minor Temp. Emp. Housing Fac. (Admin. Permit)
14 Est. Average Hours per Maior Temp. Emp. Housinq Fac. (SUP) . . .
1SO - 250 Est. Number of Small Temp. Employee Housing Fac./ Yr. (Use-by-Right)4=d-Est. Number of Minor Temp. Employee Housing Fac.l/r. (Admin. Permit)
10 - 17 Est. Number of Maior Temp. Emplovee Housins Fac.^fr. (SUP)
150 - 250 Est. Hours Spent on Small Temp. Emp. Housing Apps.A/r. (Use-by-Right)
160 - 268 Est. Hours Spent on Minor Temp. Emp. Housing Apps.l/r. (Admin. Permit)
140 -238 Est. Hours S on Maior Tr r. (SU
75o/o Est. Percentage of Small Temp. Employee Housing Fac. (Use-by-Right)
2Oo/o Est. Percentage of Minor Temp. Employee Housing Fac. (Admin. Permit)
So/o Est. Percentaoe of Maior Temp. Employee Housino Fac. (SUP)
Est. Averaqe Hours per Small T
2t22t2008 - 11-
4 Est. Average Hours per Minor Temp. Emp. Housing Fac. (Admin. Permit)
14 Est. Averaqe Hours per Maior Temp. Emp. Housinq Fac. (SUP)
f@- 300 Est. Number of Small Temp. Employee Housing Fac./ Yr. (Use-by-Right)
fA - gO Est. Number of Minor Temp. Employee Housing Fac.Nr. (Admin. Permit)
12 - 20 Est. Number of Maior Temp. Emplovee Housinq Fac.fYr. (SUP)
.
180 L00 Est. Hours Spent on Small Temp. Emp. Housing Apps.l/r. (Use-by-Right)
192 - 320
168-280
Est. Hours Spent on Minor Temp. Emp. Housing Apps.f/r. (Admin. Permit)
Est. Hours on Major Temp. Emp. H r.
S+0 - gOO Total Hours Spent on Temp. Employee Housing Apps.A/r.
2080 Full-Time Equivalent (FTE) in Hours
0.25 - 0.43 Esf. New FT Planner
$15,083 - $25,944 Average Dollars ($60,335/y0 for a FTE Planner
Totat: 2007 - $42,386 to $71,768+ 1 New Vehicle $28,000 - $28,000
] vehicte Maintenanc". t?i,lroru io ttlr'il,lr*
2008 - $51,055 to $85,898
I vehicte Maintenanc"- tr?f,Zlru io t?:,2?,
"Vehicle Maintenance = $530/month in "Motor Pool Charges"
Major Discussion Points since November 19, 2007:
Following further review of building code requirements for the units anticipated to be used as
Temporary Employee Housing, it is clear that these units are classified as "factory built
nonresidentialstructures" as included in Resolution 35 of the State Housing Board and included
in Section 24-32-3301of the Division of Housing Statutes. As a result, Staff proposes a change
to the draft Temporary Employee Housing regulations to clarify that the units to be placed on
these sites are not classified as "manufactured homes", but rather "factory-built non-residential
structures". The hope is that this will help clarify what these structures are in the eyes of the
building code and maintain language consistency between the building code, State
requirements and the Zoning Resolution.
II. REQUEST
To modify Section 5.02.21of the Zoning Resolution of 1978 to create a Major Temporary Employee
Housing requirement as proposed by Staff (Special Use Permit) for those facilities able to
accommod ate25 or more beds, are not completely contained on a state or federally permit site, or
are going to be on location of a cumulative of more than one (1) year.
To create Section 5.02.22 of the Zoning Resolution of 1978 to create a MinorTemporary Employee
Housing requirement as proposed by Staff (Administrative Permit) for those facilities which can
accommod ateT - 24 beds, are completely contained on a state or federally regulated lease parcel,
and are going to be on location for a cumulative of less than one (1) year.
212212008 -12-
To create Section 5.02.23 of the Zoning Resolution of 1978 to create a Small Temporary Employee
Housing requirement as proposed by Staff (Use by Right with Performance Standards) for those
facilitiei which can accommodate 1-12 beds with a maximum occupancy of Tzand are completely
contained on a state or federally regulated lease parcel, and are going to be on location for a
cumulative of less than one (1) year.
The Staff proposed regulations are as follows:
Major Permit - (Contain 25 or more beds)
5.02.21Special Use Permits for Major Temporary Employee Housing Facilities ("Major Permit"):
(1) At times of severe housing shortage, extremely remote locations or other emergency
conditions, special use permits for Major Temporary Employee Housing Facilities in the
nature of manufaetured hemes las defined under e.R:S- 42-1-102 (106) (b)l Factory
Built Nonresidentiat Structures [as defined under C.R.S. 24-32-3302(a)] and/or
recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such
truck, truck tractor, motor home or camper trailer is being used for temporary living quarters
and not recreational purposesl may be granted for projects within Garfield County related to
commercial, industrial, mineral extraction or highway operations of substantial size in any
zone district by the County Commissioners through the special use permit process. Such
housing shall be of a temporary nature. At the expiration of the permit, the lands shall be
restored and all housing structures and associated infrastructure shall be removed. Review
of the permit shall be subject to $9.03 and $5.03 of the Garfield County Zoning Regulations
of 1978 as Amended. All Special Use Permits for Centralized Employee Housing/Major
Temporary Employee Housing Facilities is subject to all applicable building code, state and
federalpermit requirements, fire protection district requirements and fire code requirements.
Major TemporaryEmployee Housing Facilities shall have at least one of the following basic
characteristics:
A. The Major Temporary Employee Housing Facilities or any associated
infrastructure (including ISDS) ("Major Facility(ies)) is not completely
contained within a State or Federally regulated parcel (such as a Colorado
Oil and Gas Conservation Com mission (COGCC) approved oil/gas well pad)
in which reclamation and revegetation standards are guaranteed by contract
with the permitting agency; or,
B. The Major Facilities are to be located at the permitted site for more than a
cumulative of one (1) year; or,
C. The Major Facility shall contain twenty five (25) beds or more to
accommodate employees, contractors or sub-contractors of the operator of
the smallfacility and are needed for onsite safety of the related commercial,
industrial, extraction or highway operation.
212212008 -13-
(2) Temporary Employee Housing Facilities containing 24 orfewer beds at any one given time,
will be on iocation for less than a cumulative of one (1) year and are completely contained
within a state or federally permitted parcel (i.e. "Minor Facilities" or "Small Facility") are
subject to the administrative review process and standards contained in Section 5.02.22 and
Section 5.02.23 and the enforcement provisions of Section 12 and Section 9.01 .06.
(3) Special Use Permits for Major Facilities: The applicant shall submit an adequate site plan,' .
consistent with Section 9.O1.Ol and including proposed water supply, proposed method of
Sewage treatment and names and addresses of adjacent property owners.
(A) Water and wastewater systems proposed to service Major Facilities must complywith all
applicable state and local laws and regulations. ln addition, allsewage must be disposed
of on-site using an lndividual Sewage Disposal System (ISDS) unless the applicant can
prove:
1. That, at the discretion of the Garfield County Board of Health, an ISDS system is
not feasible due to environmental, topographic or engineering conditions where
the temporary housing is to be located; or
2. That, at the discretion of the Garfield County Board of Health, year-round access
is available and maintained for safe and regular access for sewage hauling
vehicles. ln addition, the following conditions must be met:
d. The applicant must demonstrate and guarantee an arrangement for
hauling sewage; and
e. The applicant must maintain all records including but not limited to trip
logs/reports and landfill receipts; and
f. All sewage disposal records must be maintained as public records to
be available to the County and/or any other interested third party upon
request; and
g. The temporary housing must not exceed a cumulative of one (1) year
at an approved location; and,
h. These facilities shall be designed to accommodate 75 gallons of
wastewater per person per daY.
i. lf the total waste production from a facility will be 2000 gallons per day
or greater based on a production of 75 gallons of wastewater
generation per person per day, then the facility shall be serviced by an
ISDS. Hauled sewage and wastewater service shall not be permitted
for any facility which will generate a total of 2000 gallons of wastewater
and sewage per day.
(B) For sites where potable water is hauled to and wastewater is hauled out, applicants must
keep appropriate records, to be provided to the County upon request to demonstrate that
water supplied to a site is from an approved source and that wastewater is disposed of
at an approved facility. For water facilities not permitted by the Colorado Department of
Health and Environment (CDPHE), 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. Water systems permitted
by the Colorado Department of Health and Environment (CDHPE) must obtain all
212212008 I4
necessary state permits prior to the scheduling of a Special Use Permit for a Major
Permit puUtic hearing and maintain continuous conformance to state regulations at all
times during operation of the Major Facility.
(C) ln no case shall unsafe water be used for drinking nor shall raw sewage or contaminated
water be discharged on the ground surface.
(D) Special Use Permits for Major Facilities must be related to one or more commercial,' .
industrial, mineral extraction or highway operation locations and shall be limited to a
spacing of at least one (1) mile between Major Facilities, regardless of land ownership or
operator. Special Use Permits for Major Temporary Employee Housing Facilities for oil
and gas extraction purposes in the Resource Lands (RL) zoning district may be
exempted by the BOCC from the one mile spacing if the operator can prove that the
housing structures and all supporting infrastructure will be contained within the Colorado
Oil and Gas Commission (COGCC) approved well pad and there will be no new
additional land disturbance outside of the COGCC approved well pad area. lf the
applicant is applying for a Special Use Permit for Major Facilities on an approved
COGCC well pad, ihe applicant must provide the relevant approved APD permit
indicating housing location(s) along with the application for a Special Use Permit for
Major Facilities.
The maximum allowable time length of the Special Use Permit for Major Temporary
Employee Housing Facilities is one (1) year. For good cause shown, the permit may be
renewed annuallyln a public meeting with notice by agenda only. Annual renewal review
shall be based on the standards herein as well as all conditions of the permit. A permit may
be revoked anytime through a public hearing called up by staff or the Board of County
Commissioners. By way of example and not limitation, continued non-availability of a
permanent housing inventory or the nature of the construction or extraction project may
constitute "good Cause" for renewal. The applicant must provide an estimated total
cumulative l-ngth of time the Major Facility(ies) will be at the proposed location along with a
statement of intentions to request renewal past the one year expiration date as part of the
Special Use Permit for Major Facilities application. Failure to provide a statement of
iniention for renewal will prohibit the Special Use Permit for a Major Facility(ies) from future
renewal consideration.
(5) Temporary housing shall be located at a site authorized by the Board of County'
Commissioners and identified on the relevant site plan submitted with the Special Use
Permit for a Major Facility(ies). lnhabitants of the Major Facility shall be applicant's
employees and/or subcontractors, working on the related construction or mineral extraction
operation, and not dependents of employees, guests or other family members.
(6) Major Facilities shall be maintained in a clean, safe and sanitary condition, free of weeds' -
and refuse. Any hazardous or noxious materials that must be stored on site for operational
or security reasons must be managed in accordance with all applicable federal, state and
local laws and regulations.
(A) Fire Protection; General Requirements:
(4)
212212008 -15-
i. Provisions shall be made for giving alarm in case of fire. lt shall be the responsibility
of the duly authorized attendant or caretaker to inform all employees about means
for summoning fire apparatus, sheriffs office and resident employees. All fires are
subject to 907 of the 2003 lnternational Fire Code (lFC) including ht{ not limited to
permits, attendance, open fires, coal grills, fire bans and bon fires. One (1) or more
approved extinguishers of a type suitable forflammable liquid, combustible materials
oi electricat fires lClass A, Class B and Class C), or dry chemical, shall be located in
an open station so that it will not be necessary to travel more than one hundred (100)
feet to reach the nearest extinguisher. A water storage tank shall be required to
provide water to the sprinkler system and initial suppression activities. The size of
the water tank shall be determined based on sprinkler calculations and initial
suppression demands.
ii. Manufactured home or recreational vehicle units equipped by the manufacturerwith
a fire sprinkler system, fire detection system, and/or alarm system shall be inspected,
tested, and maintained in accordance with 2003 IFC S901 .4 and 5901.6 and as
required by the relevant fire protection district(s). Smoke alarms and manual fire
alarm systims shall be installed, inspected and maintained in all other manufactured
home or recreationalvehicle 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.
iii. Single-station carbon monoxide alarms shallbe placed in each manufactured home
or recreational vehicle unit.
(B) Wildlife-proof refuse containers must be provided for trash. At least one thirty (30) gallon
(4 cubic feet) container shall be provided for each unit or the equivalent in a central trash
collection tatitity. Said container(s) must be durable, washable, non-absorbent metalor
plastic with tighi-fitting lids. Refuse shall be disposed on not less than once weekly.
(C) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals
to the Major Facility(ies) site are provided.
(D) The applicant shall provide a detailed map and GPS coordinates to the Garfield County' .
Sheriffs Office and the relevant Fire Protection Districtwhich is sufficientforemergency
response purposes, including location of the Major Temporary Employee Housing
Facilities site; private and public roadways accessing the site, marked as open, gated
and/or locked; and detailed directions to the site from a major public right-of-way. The
map is subject to approval by the Garfield County Sheriffs Office and relevant Fire
Protection District.
(7) lf structures, requiring Building Permits under the Garfield County Building Code, are
constructed for the commercial, industrial, highway project or mineral extraction operation
related to the Special Use Permit for Major Facilities upon expiration or revocation of the
permit Certiflcates of Occupancy for such structures shall be withheld until the temporary
iiving quarters are removed and the site is restored to the satisfaction of the County Building
and Planning Director.
212212008 -16-
(8) lf a Special Use Permit for Major Facilities is granted, the Applicant shall notify the county' '
when site development begins. The applicant shall verify in writing, by site plan and through
photo documentation that the site, water system, and sewage disposal system were
designed, installed and inspected in accordance with the said special use permit and comply
withitt applicable regulations, permits, and conditions. Allwritten documentation and site
plans verifying comptiance must be stamped by a certified Colorado Engineer. The county
also reserveJ ttre iignt to inspect a site, without notice, to assess compliance with the
Special Use Permit for Major Facilities. A determination of noncompliance with any Special
Use Permit for Major Temporary Employee Housing Facilities, or condition approval thereof,
is grounds for revocation or suspension of said permit, in accordance with Section S9.01.06.
(9) lf there is suitable permanent housing inventory available in an area near the commercial,
industrial, highway project or mineral extraction operation, as determined at the discretion of
the BOCC, the Sfeciai Use Permit for Major Temporary Employee Housing Facilities shall
not be granted.
(i0)No animals shall be allowed at Major Temporary Employee Housing Facilities on Location
sites.
(11) tn evaluating a request for a Special Use Permit for Major Temporary Employee Housing-
Facilities, thJCounty Commissioners may require compliance with additional conditions of
approval as may be needed to ensure the health, safety and welfare of the public. (A.81-
263)
(12)The applicant shall submit as part of the Special Use Permit for Major Temporary Employee' '
Housing Facilities, a reclamation and revegetation plan for each specific site addressing all
points in section eleven (11) within this $5.02.21.
a. Debris and waste materials, including, but not limited to structures, concrete, footings,
sewage disposal systems and related infrastructure, water storage and related
distribution infrastructure, roads, and other sand, plastic, gravel, pipe and cable shall be
removed. All pits, cellars, and other holes will be backfilled as soon as possible after all
equipment is removed to conform to surrounding terrain. All access roads to the site and
associated facilities shall be closed, graded and recontoured. Culverts and any other
obstructions that were part of the access road(s) shall be removed. Upon closure of a
camp facility, wastewater tanks shall be completely pumped out and either crushed in
place, punciured and filled with inert material or removed. Any waste material pumped
irom a wastewater tank or waste debris from tank removal must be disposed of at an
approved facility that is permitted by CDPHE and/or Garfield County to receive said
wastes. Materials may not be burned or buried (other than ISDS) on the premises. All
disturbed areas affected by Major Temporary Employee Housing Facilities or subsequent
operations shall be reclaimed as early and as nearly as practicable to their original
condition and shall be maintained to control dust, weeds and minimize erosion. As to crop
lands, if subsidence occurs in such areas additional topsoil shall be added to the
depression and the land shall be re-leveled as close to its original contour as practicable.
Reclamation shall occur no later than three (3) months after the Special Use Permit for
Major Temporary Employee Housing Facilities expires or is revoked unless the Director or
deiignee extends the time period because of conditions outside the control of the
applicant.
2t2212008 -11 -
b. All areas compacted by Major Temporary Employee Housing Facilities and subsequent
operations shall be cross-ripped. On crop land, such compaction alleviation operations
sirall be undertaken when the soil moisture at the time of ripping is below thirty-five
percent (35%) of field capacity. Ripping shall be undertaken to a depth of eighteen (18)
inches unless and to the extent bed rock is encountered at a shallower depth.
c. When a MajorTemporary Employee Housing Facilities site is removed, alldisturbed areas
will be restoied and revegetated as soon as practicable. For disturbed areas not regulated
by the Colorado Oil and Gas Conservation Commission, the following regulations will
apply:
(1) Revegetation of crop lands. All segregated soil horizons removed from crop lands
shall be replaced to their original relative positions and contour, and shall be tilled
adequately to re-establish a proper seedbed. The area shall be treated if necessary
and practicable to prevent invasion of undesirable species and noxious weeds, and
to control erosion. Any perennial forage crops that were present before disturbance
shall be reestablished.
(2) Revegetation of non-crop lands. All segregated soil horizons removed from non-crop
lands shall be replaced to their original relative positions and contour as near as
practicable to achieve erosion control and long{erm stability, and shall be tilled
adequately in orderto establish a proper seedbed. The disturbed area then shall be
reseeded in the first favorable season. Reseeding with species consistent with the
adjacent plant community is encouraged. ln the absence of an agreement between
the applicant and the affected surface owner as to what seed mix should be used,
the applicant shall consultwith a representative of the local soil conservation district
to determine the proper seed mix to use in revegetating the disturbed area.
d. During occupation and reclamation operations, all disturbed areas shall be kept free of
Garfield County and State of Colorado List A and B noxious weeds.
e. Successful reclamation of the site and access road will be considered completed when:
(1) On crop land, reclamation has been performed as per 1 1 (cX1) of this section, and
observation by the Director or designee overtwo growing seasons has indicated no
signifi cant unrestored subsidence.
(2) On non-crop land, reclamation has been performed as per 1 1(cX2) of this section,
and the total cover of live perennial vegetation, excluding noxious weeds, provides
sufficient soils erosion control as determined by the Director through a visual
appraisal. The Director or designee shall consider the total cover of live perennial
vegetation of adjacent or nearby undisturbed land, not including overstory or tree
canopy cover, having similar soils, slope and aspect of the reclaimed area.
(3) A final reclamation inspection has been completed by the Director or designee, there
are no outstanding compliance issues relating to Garfield County rules, regulations,
orders or permit conditions, and the Director or designee has notified the applicant
that final reclamation has been approved.
212212008 - 18 -
f. Specifically as to revegetation, the applicant shall provide security for revegetation of
disturbed jreas in amount and in accordance with a plan approved by the Garfield County
Vegetation Management Department. The security shall be held by Garfield County until
vejetation has beln successfully reestablished according to the standards in the Garfield
Co'unty Vegetation Managemeni Plan adopted by resolution No. 2002-94, as amended.
Minor Permit - (Contain 7 to 24 beds)
S.OZ.22- Administrative permit for Minor Temporary Employee Housing Facilities (Minor Permit):
(1)MinorTemporaryEmployeeHousingFacilities,inthenatureof@gegneg-unge+iW Facto ry B u i lt N on res ide ntia I Structu res [as
defined under C.R.S. 24-32-3302(a)l and/or recreationalvehicles [as defined underC.R.S.
42-1-102 (61), with the addition that such truck, truck tractor, motor home or campertrailer is
being used for temporary living quarters and not recreational purposesl, may be granted
land use approval'for piojecti related to commercial, industrial and mineral extraction
operations in any Zone Disirict by the Building and Planning Department Director (Director),
through the Minor Permit process. Such housing shall be of a temporary nature, and at the
expirition 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 shall contain seven (7) to twenty-four (24) beds to
accommodate employees, contractors or sub-contractors of the operator of the
small facility and are needed for onsite safety of the related commercial,
industrial, extraction or highway operation.
Temporary employee housing facilities that do not have the three characteristics listed
above, i.e., coniain of 6 orfewer beds, on location for more than a cumulative of one (1) year
or not completely contained within a Permitted Site, i.e. "Small Facility" or "Major Facilities",
are subjeci to the special use review process and standards and requirements contained in
Section 5.02.21 or 5.02.23 and the enforcement provisions of Section 12 and Section
9.01.06.
212212008 -t9-
(2) General Minor Permit Application Requirements: The Applicant shall submit an application,
on a form provided bV the Building and Planning Department (Department) and be issued a
Minor Permit by the birector prioi to commencing installation of the Minor Facility'
B.
A. Minor Permit : 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 ApPlieant, hewever, may eheese te aPply fer anAWDP eensisting ef
Administrative review is required for
[ermitting oi each Minor Facility, in accordance with the process and timelines
contained in Section 5, below.
ldentityofApplicant:TheApplicantforaMinorPermit@
AnE[Lmust be the owner of the surface estate of the subject lot (Owner),
consistent with Section 9 of this Zoning Resolution. lf a representative is acting
on behalf of the Owner, an acknowledgement from the Owner shall be included
with the application submittals required by Section 4, below. Such an
acknowledgment may be in the form of a letter of authority/agency or a lease,
surface usJ agreement or similar document of legal effect demonstrating thatthe
Owner has given the representative permission to use the surface estate for
installation of one or more Minor Facilities and permission to process
applications for land use and building code permits on behalf of the Owne(s).
T'he representative may be the operator of the Minor Facility(ies) (Operator), a
land use planner, engineer, consultant or any other type of authorized
representative/a gent.
public Notice: At the time of submittal of an application for a Minor Permit er
@,theApplicantshalldemonstratethatnoticewasmailedto
adjacent property owners within 200 feet of the subject lot or 200 feet from the
Permitted Site if the Permitted Site is within the Resource Land Zone
District, 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 defined in Section 24-65.5-101 et seq., C.R.S., as
amended) under the subject lot or under the Permitted Site if the Permitted
Site is within the Resource Land Zone District, as identified in the records of
the Garfield County Clerk and Recorder. Public Notice shall include at a
minimum: name of theApplicant 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,
oulined in Section 6, 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 Seetien€-anel4,
below.
C.
212212008
D.
prepesed leeatien and antieipated layeut fer all Miner Faeilities te be installed
within-the AWDP, Site speeiiie, surveyed maps depieting the leeatien ef each
strbmised--il'ih each ind
and remeval fer eaeh Miner Faeility, The list shall alse inelude the estimated tetal
eumulative length ef time (number ef days) that the Miner FaGilities are
G, Sign effs frem the Garfleld Geunty Sherriffs Offiee; relevant fire PreteGtien
diltriet(s), and Garfield eeunty Building Department eensistent with Seetien I (A)
ane{C)t-be+ew'
antiLipated te be used within the AWDP and demenstratien that eaeh PrePesed
unit meets eurrent building eede and GarfieE eeunty fire eede re9uirements,
a{g}egeve'
e*aiea-ir"r s;etien O Uetew
and the reeensideratien preeess and timeframes; stated in Seetiens 4 7; belew,
(4) Submittals for Minor Permit
previrauslfapp+eved:
A. Sign-offs: review from the Garfield County Sheriffs Office and relevant fire
protection district(s). lf an AWDP was previo
Seetien (3), abeve,.the Applieant fer a Miner Permit need net resubmit the sign
e#+
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-thit each proposed housing unit meets current building code and
fire code requirements.
@ -2t -
C. General description of the water system planned for potable water, along with
details regarding number and volume of potable water tanks, source of water,
name of hluler, hauler's Colorado Department of Public Health and Environment
(CDpHE) registration number and copy of hauler's. CDPHE certification,
ir"quenry of ?elivery, 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.
E. A general description of the system planned for collection and disposal of refuse,
"Tong
with details regarding refuse collection, including number, type and volume
of containers; name of hauier; frequency of collection; and identification of refuse
disposal site.
F. A list of adjacent surface owners within 200 feet of the Subject Lot or 200 feet
from the,Permitted Site if the Permitted Site is within the Resource Land
Zone District, as identified in the Garfield County Assessor's records, and a list
of separated mineral estate owners in the subject lot orthe Permitted Site if the
permitted Site is within the Resource Land Zone District, as identified in the
Garfield County Clerk and Recorders records.
G. A list of the final dates of installation and removal of the Minor Facility and a
representation of the total cumulative length of time (number of days) that the
Minor Facility will be installed at the proposed location.
H. Site Plan: The Applicant shall submit an adequate site plan, consistent with
Section g.O1.O1 of this Zoning Resolution and the requirements listed below:
i. A vicinity map indicating the section, township, and range of the subject
lot and the 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, with a
topography depicted at a minimum of 40' intervals.
ii. Surveyed layout of the proposed Minor Facility within the surveyed
bound-aries of the Permitted site, including at a minimum: sewage and
wastewater d isposa l, trash receptacles, potable water storage, all other
associated infrastructure and all other equipment located within the
Permitted Site.
2t2212008
.\1
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
or the Permitted Site if the Permitted Site is within the Resource
Land Zone District.
v. Name, address and phone number, including a 24-hour emergency
response number of at least two persons responsible for Operatods
emergency field operations; contact numbers for local hospitals,
emergency response, fire protection districts, Garfield county Sheriffs
office, Life/care Flight, and applicable regulatory agencies; site
safety/evacuation plan; and any other written response plan for
potential emergencies at the Permitted Site.
vi. ldentification of the final dates of installation and removal of the Minor
Facility. The site plan shall include a notation of the total cumulative
lengtlLof 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 (8), below.
L. A copy of the permit from the state or federal agency, regulating the Permitted Site,
iden[ifying 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.
(5) Timeframe of Review and Administrative Determination:
A.UponsubmittalofanapplicationforaMinorPermit@
tothe Department, a technicalcompliance 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
212212008 -23 -
er 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
determinaiion. 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.
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 .
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 relocition 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 i nfrastructure.
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-e+applieatkm
fer appreval ef an AWDP.
(6) Reconsideration Hearing: Once the Director issues a determination on the application the
determination shall not Oe 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 or the Permitted Site if the Permitted Site is within the Resource
Land Zone District, the Owner(s) of the subject lot or the Permitted Site if the
permitted Site is within the Resource Land Zone District separated mineral estate
owners, and/or the Board of County Commissioners (BOCC) to reconsider the
determination made by the Director. The Director's determination shall become final only
after the expiration of this 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 for Reconsideration of
Decision.
i. Written Request. The Applicant (and the Owner, if the Owner is represented as
detailed in (2)(B), above), an adjacent property ownerwithin 200'of the subject
lot or the Permitted Site if the Permitted Site is within the Resource Land
Zone District, or the mineral estates owners as defined in subsection iv,
below, aggrieved by the Director's decision may request reconsideration by
2t2212008 -24 -
the BOCC by means of a written request filed with the Department within the
fourteen (1a) 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 er AWDP is located.
iv.NoticebyMait@'Atleastthirty(30)calendardays
priorto th-e 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 adjacent property owners within 200 feet of the subiect
lot or 200 feet from the Permitted Site if the Permitted Site is within the
Resource Land Zone District, as identified in the Garfield County
Assessor's Records; the Owner (unless the Owner is the aggrieved
party); and separated mineral estate owners (as defined in Section 24'
65.5-101 et seq., G.R.S., as amended) under the subject lot or under the
Permitted Site if the Permitted Site is within the Resource Land Zone
District, as identified in the records of the Garfield County Clerk and
Recorder. the owners of record of all adjacent property within 200 feet of the
subject lot or 200 feet from the Permitted Site if the Permitted Site is
within the Resource Land Zone District. (Note: the aggieved party need not
notice itself)The notice shall include a vicinity map, the legaldescffion of the
subject lot, a short narrative describing the Minor Facility oFAWBP, and.an
announcement of the date, time and location of the scheduled Reconsideration
Hearing.
v. BOCC Decision. The BOCC shall conduct the Reconsideration Hearing and,
based upon the evidence received at the hearing, the Board may uphold the
Director;s decision, modify the decision or reverse the decision, based upon
compliance of the proposed Minor Facility er 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 tne 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 thifi (30) calendar days prior to the date of the
scheduled Reconsideration Hearing before the BOCC, the Director shall have
2t2212008 -25 -
published a notice of public hearing in a newspaper of general circulation in the
area in which the proposed Minor Facility-e+*wDP is located.
iii'NoticebyMail@.Atleastthirty(30)calendardays
priorto tn-e 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 adjacent property owners within 200 feet of the subject
lot or 200 feet from the Permitted Site if the Permitted Site is within the
Resource Land Zone District, as identified in the Garfield County
Assessor's Records; the Owner (unless the Owner is the aggrieved
party); and separated mineral estate owners (as defined in Section 24-
6S.S:i01 et seq., C.R.S., as amended) under the subject lot or under the
Permitted Site if the Permitted Site is within the Resource Land Zone
District, as identified in the records of the Garfield County Clerk and
Recorder. the owners of record of all adjacent property within 200 feet of the
subject lot or 200 feet from the Permitted Site if the Permitted Site is
within the Resource Land Zone District. The notice shall include a vicinity
map, the legal description of the subject lot, a short narrative describing the
Minor Facility e+AlAlDP, 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€++tl#BPwith the regulations
contained in this Zoning Resolution and, specifically, Section 5.02.22.
(7) The Minor Facility shall adhere to the following Minor Permit standards:
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(C) and (D) above.
ln no case shall unsafe water be used for drinking nor shall raw Sewage or
contaminated water be discharged on the ground surface. The operator shall
conduct monthly tests (or 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'
A.
B.
c.
2t22t2008
D.
-26 -
G.
H.
E.
F.
J.
K.
t.
At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be
provided tor eacn minufactured home or recreational vehicle unit. Said
container(s) must be durable, washable, non-absorbent metal or plastic with
tight-fitting lids.
Refuse shall be disposed of weekly, at a minimum' Operators must keep
appropriate records, io be provided to the County or any interested third party
upon ieqrest, 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, iested, and maintained in accordance with 2003 IFC 5901'4 and
SgO1.6 and as required by the relevant fire protection district(s). Smoke alarms
ind manualfire alarm sysiems shall be installed, inspected and maintained in all
other manufactured home or recreational vehicle units in accordance with 2003
lnternational Fire code (lFc) s907.2.9 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 electricalfires (Class ABC), or dry chemical,
shall be located in each manufactured home or recreational vehicle unit and
placed in accordance with applicable codes.
lnhabitants of the Minor Facility shall be Applicant's employees and/or
subcontractors, working on the related commercial, industrial or mineral
extraction operation, 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
stiuctures, foundations and associated infrastructure shall be completely
removed. The Operator shall provide the Department with photos, dated and
signed by the t)perator's Compliance Officer, indicating that all housing
stiuctures, foundaiions 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 shalt be required to provide water to the sprinkler system
and initial suppression activities. The size of the water tank shall be determined
based on spiinkler calculations and initial suppression demands. The size of the
2t2212008 -27 -
o.
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 Each Minoi 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 disirict shall be documented in writing and presented to the Planning
bepartment 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.
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 overflow alarm device. Vault systems
sirall 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:
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.
d. lf the total waste production from a facility will be 2000 gallons per day
or greater based on a production of 75 gallons of wastewater
generation per person per day, then the facility shall be serviced by an
|SOS. Hauled sewage and wastewater service shall not be permitted
for any facility which will generate a total of 2000 gallons of wastewater
and sewage Per daY.
P.
o.
R.
5.
212212008 -28 -
ii. tndividual 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 otherwise be operated in accordance with the Garfield
County ISDS regulations as contained in BOCC Resolution Number 1994H-
1 36.
(8) Enforcement:
A. Procedures:Violations of Section 5.O2.22are subjectto Section 12and Section
g.O1.06 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 (adop-ted by
BO-CC Fiesolution 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 tot. Visits to a Minor Facility by a fire protection district or the Garfield
County Sheriffs Office will be reported to the Director.
C. permit Revocation: All enforcement actions run with Minor Permits for individual
MinorFacilities.lfitisfound,consistentwiththe
procedure identified in Section 9.01 .06, that the permitted Minor Facility was not
installed in conformance with or is out of conformance with any of the standards
established in this Resolution, applicable building and/or fire codes or specific
conditions of the Minor Permit, the 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
permited 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. Suih 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.
2122/2008 -29 -
E. Liability: Ownerof thesubjectlotandtheOperatorof thelVlinorFacilityareeach
individlal[ responsible for compliance with the regulations contained in this
Zoning Resolution and, specifically, Section 5'02'22'
F. Three (3) Revoked Permits: Upon revocation of three.(3) Minor Permits, the
AuifOini and planning Director shall refer the fourth (+f)_14 all future Minor
permit-applications U! tne offending Operator to the BOCC. The BOCC shall
review such applications as a request for a Special Use Permit, in accordance
with the Majoi Facility regulations contained in Section 5.02.21 of this Zoning
Resolution.
G. The offending Operator may be allowed to submit future applications for Minor
permits for review and approval by the administrative process contained in
Section 5.02.22, rather than review ln 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'
The use, ,,Minor Temporary Employee Housing Facility (Subject to review.and approval per
procedure and requirementsof Section 5.02.22)'will be added as a use by right in the 3.01 Nl,3'02
runyno, 3.03 RLdD , g.04 RLUD, 3.05 RGSD,
'3.00
RGUD, 3.07 cL, 3.08 cG, 3.09 oS, 3'10 RL,
3.11 R/MH/G/UD, 3.12L1,3.13 PA,3.14 DWC,3.15 CDWC
Small Facility - (Gontain Maximum ot 12 Beds, % of Which Can Be Occupied at Any One
Given Time)
Use by Right with Performance Standards
THE GHIEF BUITBING OFFIC|AT FOR RV'S USED AS TEMPoRARY HEUSING FAGITITIES'
Section 5.02.23:
(1) Small Facilities, in the naturs e1 manufaetured hemes [as defined under G-R,S- 42-1-102' ' (+gfiU)l Factory Built Nonresidential Structures [as defined under C.R.S. 24-32'
igOjtj)l' Uut NOT recreational vehicles las defined under C.R.S. 42'1'102 (61), withthe
ffiinctudingtruck,trucktractor,motorhomeorcampertrailerisr-^:n- rreart far tomeararw livins quarters and net reel€Stionil PUrPos€s], may be
utilizjd for housing of woikers on projects related to commercial, industrial, mineral
extraction or highwiy operations, pursuant to the standards for Small Facilities contained in
sub-section (zi Oetow.'Such facilities are subject to all applicable requirements of Garfield
County building and fire codes (building cod-e, 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 ltate orfeierally permitted parcel (such as a Colorado Oiland
Gas Conservation Commission (iOCCC) approved oil/gas well pad) in which
212212008 -30-
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 ass-ociated infrastructure are completely removed; and,
C. The Small On-Site Temporary Employee Housing Facility shall contain twelve
(12) or fewer beds of which a maximum of /, of the proposed beds may be
o""rpi"O "t "ny
given time to accommodate employees, contractors or sub-
, contractors of tlie 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, or consist of RecreationalVehictes as defined above, are subject to
the administiative permit requirements orthe specialuse review process, standards
and requirements contained in Section 5.02.21 (Major Permit), or_5.02.22 (Minor
permit) and the enforcement provisions contained therein, and in Section 9.01.06.
(2) Submittal requirements for Small On-Site Facilities. Prior to submittal to the Building'-' Department for a Building Permit, the applicant shall submit all below documents (with
exception to (A), nelow; io tn" relevantfiie protection district(s) and the.Garfield County
Sheriffs Office. ine following items shall be submitted at the time of Building Permit to the
Building DePartment:
A. A form, provided by the Building Department and signed by a representative of
tne retevant fire irotection district(s) and/or Garfield County Sheriffs Office
indicating that the respective office has received all below document required in
Section's.oz.zs(z) and are of adequate quality to perform the necessary
functions of the respective Office or district'
B. A form, provided by the Building Department, indicating the anticipated dates of
installaiion and removal of thebmait On-Site Facility and a representation of the
total cumulative length of time (number of days) that the Small Facility will be
installed at the proposed location.
C. A form, provided by the Building Department, indicating the name, title, address,
phone number ind email address of the Operator's employee or other
authorized representative who is in charge of ensuring that th_e Small-On-Site
Facility is in compliance with the standards outlined in Section 5.02.23
("Opeiator's Compliance Officer'')
D. A form, provided by the Department and signed by the Operator's Compliance
Otficei,'indicating inat tne Small On-Site Facility will be installed in accordance
with ali applicadle Garfield County, relevant fire district, state and federal
regulations.
E. A form, provided by the Department and signed by the Operator's Compliance
Officei,'indicating that the Operator submits to the enforcement provisions
identified within Section (1), above.
- 31 -212212008
F. 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 vaiid and the parameters for reclamation and revegetation of the Small
bn-Site Facility once the state or federal permit for the Permitted Site has
expired or is otherwise terminated.
G. Site Plan: The Applicant shall submit an adequate site plan, consistent with the
requirements listed below:
i. A vicinity map indicating the section, township, and range of the subject
lot and ihe location oi Small Facility within the subject lot and the
Permitted Site; general relation to surrounding public roads, private
roads, adjacent utltity systems, residential development, other actively
permitted Small On--Site, Minor and Major Facilities, natural drainage
courses and municipalities within one (1) mile of the proposed small
Facility; north arrow and scale; GPS coordinates and current surface
o*nership of the subject lot. The vicinity map shall be presented on a
USGS 7.5 minute ieries quadrangle at a scale of 1"=2000' or
equivalent, with a topography depicted at a minimum of 40' intervals.
ii. Surveyed layout of the proposed Small On-Site Facility within the
surveied boundaries of the Permitted Site, including at a minimum:
=ewage and wastewater disposal, trash receptacles, potable water
storaje, all other associated infrastructure and all other equipment
located within the Permitted Site.
iii. ldentification of the private and public roadways accessing each Small
Facility. Roadways shall be marked as open, gated, and/or locked
(indude combinitions). Detailed directions, with mileage, sfat!_ !9
given from the nearest town within Garfield County, nearest Garfield
6ounty Sheriffs Office dispatch location and responsible fire district
headquarters to each small on-site 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 Operatofs
emergency field operations; contact numbers for local hospitals,
emergency response, fire protection districts, Garfield county sheriffs
Offici LifelCare Flight, and applicable regulatory agencies; site
safetyievacuation plin; and any other written response plan for
potential emergencies at the Permitted Site.
vi. ldentification of the anticipated dates of installation and removal of
the SmallOn-Site Facility. The site plan shallinclude a notation of the
total cumulative length of time (number of days) that the small on-
Site Facility will be installed at the Permitted Site.
212212008 -32-
(3)lad
ffi""o,,a=.nrr*u,itta|requirementS,a@eframesforreviewshallbein
accordance with the building code. Enforcement shall be in accordance with the building
code and the enforcement p-rovisions detailed in subsection (1), above. The Small Facility
shall demonstrate or certify compliance with the following standards at the time of building
permit application:
B.
C.
A. Small Facility must comply with all applicable federal, state and local laws and
regulations.
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 quartJrf if an on-iite disinfection systel is installed)
and maintain records of siored potable water samples specific for coli form
bacteria. Any tests indicating coli form contamination must be disclosed to the
Garfield Cojnty Board of HJahh or designee within 72 hours from the time the
contaminated water was tested.
Each Small Facility shall be maintained in a clean, safe and sanitary condition,
free of weeds and refuse. Any hazardous or noxious materials that must be
stored at the Small Facility for operational or security reasons must be managed
in accordance with all applicabie 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 mlnufaciured home or recreational vehicle unit. Said
lontainer(s) must be durable, washable, non-absorbent metal or plastic with
tight-fitting lids.
Refuse shall be disposed of weekly, at a minimum. Operators must keep
appropriate records, io be provided to the County or any interested third party
,bbn ,"qr"st, to demonstrate that refuse is collected in a timely fashion and
disposed of at a licensed facility.
Outdoor food storage is prohibited.
Manufactured home er reereatienal vehiele units equipped by the manufacturer
with a fire sprinkler system, fire detection system, and/or alarm system shall be
inspected, iested, and maintained in accordance with 2003 IFC 5901'4 and
SgO1.6 and as required by the relevant fire protection d'strict(s). Smoke alarms
ind manualfire alarm sysiems shallbe installed, inspected and maintained in all
othermanufacturedhomeMinaccordancewith2003
lnternational Fire code (tFC) s907.2.9 and s907.2.10 and the requirements of
the relevant fire protection districts.
D.
E.
F.
G.
H.
with ANSI/NFPn 1192 standards for recreatienalvehicles: The Small Facility
shall NOT contain recreationalvehicles as defined in Section (1) of 5.02.23
212212008 -JJ-
J.
K.
L.
L 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
liquid!,'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.
Domestic animals are prohibited at all Small Facilities'
A water storage tank shall be required to provide water to the sprinkler system
and initial supiression activities. The size of the water tank shall be determined
based on spiinkler calculations and initial suppression demands. The size of the
water storage tank shall be determined by the relevant.fire protection district or
Sherriffs Oftce (if not located within a fire protection district).
M. The operator shall document all emergency situations requiring action by ?ny
government agency orfire protection diitrict, in writing, and such documentation
snatt Oe presented to the Building Department and Garfield County Sheriffs
Office within 24 hours of the occurrence.
N. All required Access Permits shall be obtained from the Garfield County Road and
Bridge Department or the Colorado Department of Transportation'
O. The Garfield County Sheriffs Office and relevant fire protection district(s) shall
be notified at leasi 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.
p. The Operator shall maintain records identifying workers, whether employees or
sub-contractors, and documenting the dates that each worker is housed at the
Small Facility. duch records shall be provided to the County or any additional
third party uPon request.
Q. Wastewater DisPosal:
i. Vault System: All vault systems shall be designed and installed to
accommodate the maximum number of persons, identified within the
Building permit application, who will inhabit the Small Facility. ln addition'
all vaufi systems'snatt Oe equipped with an overflow alarm device. Vault
systems in"tt O" 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'
212212008 -34-
c. Maintain all sewage disposal records including but not limited to trip
logs/reports and landfill receipts as public records, available to the
C6unty and/or any other interested third party upon request.
d. lf the total waste production from a facility will be 2000 gallons per day
or greater based on a production ol 75 gallons of wastewater
genlration per person per day, then the facility shall be serviced by an
ISDS. Hauled sewage'and wastewater service shall not be permitted
for any facility which will generate a total of 2000 gallons of wastewater
and sewage Per daY.
iii. lndividual Sewage Disposal System (ISDS): lf an ISDS is proposed, then it
shall be designJd, insialled and operated to accommodate the maximum
number of peisons who will inhabit the Small Facility and shall otherwise be
permitted and operated in accordance with the Garfield County ISDS
regulations as contained in Bocc Resolution Number 1994H-136'
The use, "Small On-Site Temporary Employee Housing Facility_in c-ompliance with Section
5.02.23" wiil be added as a use by right in th;3.01 Nl,3.OTAIR/RD, 3.03 RLSD, 3.04 RLUD,
3.05 RGSD, 3.OO RGUD, 3.07 C[, g]OA CG, 3.09 OS, 3.10 RL, 3.11 R/MH/G/UD,3.12 Ll, 3.13
PA, 3.14 DWC, 3.15 CDWC
Definitions:
2.02.512 Temporarv Emplovee Housinq FaciliW(ies):
Theuse,duringtimesofhousingshortage,offfiFactoryBuiltNonresidential
structures 1ai aefined undeic.R.s. 24-32-3301 and Resolution #35 of the colorado State
Housing Bolrdt and/or recreational vehicles (with the exception that Small F_acilities sha!! not
include recreationat vehicles per Section s.bz.zs; as removable housing, utilized for a period of
time not longer than one year, ior workers who are engaged in a commercial, industrial, mineral
extraction or-highway opeiation and who are needed onsite for the proper execution and safety of
the related operation, including:
1. SmallFacilitieswhich maycontain upto l2bedsof whichamaximum otTzot thepropos-ed
beds are occupied at anygiven time on a "Permitted Site", as defined in section 2.02.421;
Z. Minor Facilities which contain 7 - 24 beds on a "Permitted Site", as defined in section
2.02.421;
3. Major Facilities which contain 25 or more beds; or which contain a fewer number of beds,
but are not wholly located on a "Permitted Site"; or which are planned to be utilized for a
period of time longer than one-year; or otherwise meet the requirements of Section 5-02.21
and Section 5.02.22.
such facilities are subject to land use approval by means of either an administrative process or a
public hearing pro"""r, underthe circumsiances, itandards and requirements contained in Sections
5.05.21 or 22lor 231 of this Zoning Resolution.
2.02.421 Permitted Site:
212212008 -35-
A parcel of land, generally a portion of a lot, as defined in Section 2.02.32, designated for a
commercial, industiial, miniral 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)
ani must require the provisio-n of iecurity for the reclamation (including revegetation) of the site.
III. STAFF RECOMMENDATION
StaffrecotyCommissionersapproVethetextamendmentwiththe
changes proPosed bY Staff.
That the meeting before the Garfield County Board of County Commissioners was
extensive and complete, that all pertinent facti, matters and issues were submitted and
that all interested parties were heard.
That on November 13, 2OOO the Board of County Commissioners directed Garfield
County planning Staff to draft regulations to allow for an administrative permit process
for minor Temporary Employee Housing facilities.
That on May 9, 2007, August 8,2007 and September 12,2007 the Planning
Commission held a meetingl to discuss the application. At the regularly scheduled
September 12,2007 meetini the Planning Commission recommended thatthe Board of
County Commissioners appiove the text lmendment as depicted in Exhibit H, Exhibit I
and Exhibit J.
That on November 19,2OO7 The Board of County Commissioners accepted the public
notice for this application, heard a staff presentation regarding the Staff and Planning
commission proposal, and heard public comments. The Board voted 3-0 to continue
this Public Hearing to February 4,2008.
That the proposed text amendment can be determined to be in the best interest of the
health, safeiy, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
That the application has met the requirements of the Garfield County Zoning Resolution
of 1978, as amended.
tv.
1.
2.
3.
4.
5.
6.
212212008 -36-
GARFIELD COUNTY
Building & Planning DePartment
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone : 970.945.8 21 2 F acsimile : 970'38 4.347 0
www.qarfield-countv. com
STAFF USE ONLY
) Doc. No.:
) Planner:
Date Submitted:
-
TC Date:
Hearing Date:
Text Amendment to Zone District / Zoning Resolution
GENERAL INFORMATION
(To be completed by the applicant )
) City:Cat<State: CO
iddr"r' tO7- &FV s/' St,k Qort ?qf -€ z/_e-
City:(b.rs State: (O ZiP Code: €,GZ/ rpx:
F Specific Section of County Zoning Resolution of 1978 or PUD to be amended:
Purpose for the proposed text amendment:
hQoS,qql€,-€
',*r rr-{, t L L- "' / r)- o.t:
a-d,€
,*r{y'..^ .s az zz-
{4rr- n
l.s-e e'-/{',/ 't " r--=- ' "
F Name of Representative, if anv (Planner, Attornev, etc)'
C.. e., B-'/*l'h 'l '^ cr Pr''--*-'
STATE OF COLORADO
Countl of Garfield
)
)ss
)
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners' Meeting Room, Garfield Cou"ty Courthouse, in Glenwood Springs on Mondary
the 136 ofNovember,2006,there were present:
John ]v{artin ' Commissionsr Chairman
ft r'u tta"Co*, ' Commissioner
fte.i ftoW ' Commissisnsl
C*otyo puU*"o - , !+utf CoraB Attorney
ular"aahaotr
-
' clcrk of the Board
l.t* S*itf, ' Assistant County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. zotr- - M
A RESOLUTION AMENDING TIIE TEXT SECTION 5.A2'2I OF TIIE GARFTELD
COIINTY ZONING RESOLTITION OF 1978 ADOPTING REGULATION'
WHEREAS, on the Znd day of January, 1979, the Board of county commissioners of Garfield
County, Colorado, adopted Resoiution No. iq-f concenring a Zoning Resolution for tle County of
Garfield, State of Colorado; and
WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 tbrough 30-28-1 16,
C.RS. 1973, asamende4 to provide for tre approval of amendments to such /}ningResolution' and
the Board has so amelrded the said Resolution; and
WHEREAS,onDece,mber16,lggl,theBoardadoptedacodifiedversionoftheGarfield
county zonitgResoiution of 1978 and all subsequent amendments; aud
WHEREAS, on October 11, 2006, the Garfieid Cognty Planning-Commission recommended
approval of the proposed tExt amexdmeot to section 5.022I, Speci,l use Permits for Temporary
EmploYee Housing;
WHEREAS, a public heariDg was held on the 13fr day of Novembe:,20a6 before the Board of
County Commissioners of Garfiild County, Colorado,- at the Commissioners meeting room, Suite
100, GarEeld Colnty {dministrafive Brildi"g, 108 Sth Street" Glenwood springs, coloradl, aslo
which bearing pubiic notice was given in -ac,cordance with requirenents of Sectioa 10 of the
Garfield Cotrnty Znniag Resolution;
Page 1 of 3
WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing
has made the foilowing deterrrination of fact:
i. That an appiication for a zone district texi amef,dmsnts ll'ae made ccnsistent with
tU" r"qrrir"ments of Section 10.00 of the Garfield County ZooingResolution of
1978, as amended;
Z. That the Board of County Commissioners is authorized by the provisiotts of
Scction 30-28-116, C.RS. 1973, as amended, to providc for the approval of
amendmentstotheGarfieldCorrnty/pningResolrrtion;
3. That the publ.ic hearing before the Board of County Commissioners was extensive
and comilee, tbat all pertinent facts, matters and issues were submitted and that
all interested parties were heard at the hearing;
4. That the Garfield County Planning Commission has reviewed the proposed zoue
district text amendment and made a recommendation as rtquired by Section l0.M
of the Garfield County /sningResolution of 1978, as amended;
5. That the proposed text arnendme.lrts are in the best interest of the health, safety,
morals, *ou*i*"", orde,r, prospcrity and welfare of the citizems of Garfield
CountY.
NOW, THEREFORE, BE IT RESOLVED by the Board of county commissioners of
Garfietd Co*ty, Colorado, that the Garfield County ZofugR.esolution, adoptcd on the Zfiday
of January, !979, and identified as its Resolutioo No. 79-1, as subsequently amended by this
Board, shall be and hereby is amended and said Ianguage will be incorporated into the codified
Garfield Cognry ZonngResolution adoped by the Board on December 16, 1991 as shown on
the attached Exhibit A:
ADOPTED this
ATTEST:
.day of
GARFIELD COLNTY BOARD OF
COMMIS SIONERS, GARFIELD
COI-INTY, COLORADO
Page2 of 3
ChairmanClerk of the Board
2006
upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
Larrv McCown , AYe
Tresi Houpt 'NaY
-John Martin ' AYe
STATE OF COLORADO
County of Garfield
)
)ss
)
t, , county_clerk yd Tl"q:ii:lf.l::*,T:_r,i:
co*tyt'c rod's,rt".aforesaid, do hereby certify that the
annexed and foregoing Resolutio" it ttorv ""pi9d-from
the Records of the Proceeding of the
Board of Co,nty Comiissioners for saia Oarnifd County, now inmy office'
iN WITNESS WHEREOF, I have herermto set my hand and afrxed the seal of said
--^ +Ll^ 'Io" nf ' A'D' 2006'
County, at Glenwood Springs, this
-
day of
county clerk and ex-offrcio clerk of the Board of county commissioners
Page 3 of3
Garfield Courfi, Board of County Commiasionars
A6 Adoptsd -"*FJrl,i r.rff
Exhiblt A
5.A2.21Special Use Permits for Temporary Employee Housing:
(1) At times of severe housing shortage, extremely. remo!: locations or other
emergency conditions, special uS permits for-temporary emqloy.egiousing in
the nature of manuFactured homei iaa defined under C.R.S' 42-1'102 (106) (b)l
and/or recreationat vehicles [as defrned under C.R-S. 42-1-1A2 (6f ), with the
addition that such truck, truci< tractor, motor home or campor trailer is being usad
for temporar,tiiuing quarter6 and not recreationat purposesl may be granted for
projecti witn'ln OaInefO County related to @mmercial, industrial, mineral
extrastion ot nigh*"V operations of substantial sEe in any zone district by fe
County Commiisionlrs'through the special use permit proc9slr Such housing
shall be ot a temporary naturi. At the'expiration of th9 permit,tne tan!9 shall be
restored and all housing struclures and aesociated infrastructure shall be
removed. neview ot the- permit shalt be subject to $9.03 and $5'03-of th.e Garfield
County Zoninl negulations of 1978 as Amended. All Special. Use Permits.for
Temporary e'ipfoiee Housing is subject to all applicable building code, state and
federal p"-it rlqrirements, irre protiaion disfiict requirements and ftre code
requirements.
(2) Special Use Permits for Temporary Housing: The.applicant ehall Eubmit an' ' adequatu "it"
pf"n, consistent witfr 5S.Ot.0i and including proposed water
supply, proposed method of sewagJ treatment and names and addresses of
adjacent ProPerty own€rs'
(A) Water and wasteurater systems proposed to service temporary employee' ' housing rnu*t *1npty nifn aU applicaOle state and local taws and regulations'
ln addition, ,lf "oL6" must be disposed of on+ite using an lndividual
sewage Disposal system (lsDS) unless the applicant can prove:
1. That, at the discretion of the Garfield county Bor.t9 of Health, an
tSDssystemisnotbasibleduetoenvironmental,topographicor
engine|ring conditions wtrere the temporary housing is to be located;
or
2. That, at the discretion of the Garfield County Board of. Health, year-
round acces8 is available and maintained for safe and regular accBss
toit"*Jg" hauling vehicles. ln addition, the follaring conditions muet
be met:
a. The applicant must demonstrate and guarantee an
alrangelnent for hauling sewage; and.
b. The applicant rnust maintain all records including but not
limited to trip logsireports and landfill receipts; and
c. AII sewage oisfrsatiecords must be maintained as public
records i6 ue dvaitable to the county and/or any other
interested third party upon request; and
.
d. The tempoi"ry noriinj must not exceed a sumulative of one
(1) Year at an aPProved location'
Ge rncrd county, n"fl s*,,ly#ffi fi :"ffi
Prye? of 6
(B) For sites wtrere potable water.is hauled to and wastewater is hauled out,
applicants must keep appropride records, to be provided to the County upon
request to demonsffate that water supplied to a site is from an approved
source and that wastewater is dispoeed at an approt'ed facility' For facilities
ffift t*;ntv+o* (24) people oi less, the operator must conduct monthly
tests (or qu*i.fly if irn bh-siie disinhction syslgq is installed) and maintain
records of stored potable water samples specific for.coti form' Any tests
indicating coliform contaminEtion must be disclosed to the Garfield County
Board of Health ;iJ."ig"*. Water systems serving twenty-five (25loeontg
or more must demonstrate conformance to state regulaiions by obtaining all
nece6sary staie permits priorto the scheduling of a Special Uee Permit for
Temporary Employae Housing public hearing'
(c) ln no case shall unsafe water be used for drinking nor shall raw sewage or
used water be discharged on the ground surface'
(D) Spacial use Permits for Temporary Employee Housing sltes must be related
to one or more commercial, indushial, mineral extrEction or highway .
operatiorr tocations and shall be limited to a spacing of at least one (1)mile
between temporary employee housing eites, regardless of land anrnership or
operator. speciar use permtts for Teriporary FTpl.oy"e Houeing for oll and
gas extraction prtpotts in the Reaource Lands (RL) zoning district may be
Exempted by the gOCC from the one mile spacing if the operator Gan prove
that the nor"ing "t*"trtt" and all supporting infrastructure will be contained
within ttre coroLao oil and Gas commission (coccc) approyed y".!Pg
and there will be no new additional land disturbance outside of the coGcc
approved ueff paa area. lf the applicant is applying !o1a Spec{{ Use Permit
forTemporary Empnyee Houeing on an approrrcd COGCC well pad' lhe
appticant ,uJt ptoiiol tne releva'nt approveo APD.permit indicating housing
locetion(s) afoni wtth the application for a Special Uge Permit for Temporary
EmploYee Housing.
(3) The maximum allowable time lengrth of the Speciat Use Permit for Temporary
'-' E ployre nousini ii on" (1) year'r. For good cause shown, the permlt may be
renewed annuallyln a puOlic meeting rarlh notice by agenda only. Annual renewal
review shall be based on the standards herein as watl as all condiiions of the
permit A permit may ue revoked anytime through a public hearing called up by
staff or the Board ofCounty Commiisioners. By way of exarnple and not
limitation, continueO non-availability of a Permanent housing inventory or the.
natlrc of the construc{ion or extraction pioject rnay constiMe "good Gause'-for
ronewEll. The applicant must provide aneslirnated total cumulative length of time
the tempora.V "rploy"e
housirig will be at the proposed location along with a
statement of ir*entions to ruquest reneural past the one year expiration date as
part of the Speciai Use permit for Temporary Employee.Housing application'.
Failure to provide a statement of intention for renewal will prohibit the Special
use Permit for Temporary Employee Housing Permit from future renewal
consideration.
(4)Ternporaryhousingshallbelocatedatasiteauthorizedbyth.geg"gqlgy_Ty
Commissioners and identified on the relevant site plan submitted with the Special
use Permit for Temporary Employee Houeing. lnhabitants of the temporary
Garfield Gounty, Board of County Commbsioncrs
AsMopted **"rrurir"tff
housing shall be applicant's employees and/or subcontractoc, working on the
related oonstruction or mineralextraction operation, and not dependents of
employees, guests or ofnerfamily members'
(5)Temporary employee housing sites shall be maintained in a clean, sefe and'-' saniiary cbndition, free of welds and refuse. Any hazardous or noxious
materials that must be stored on Site for operational or security reasons must be
managed in eccordance urith atl applicable federal, state and local'laws and
regulations.
(A) Fire Protestion General Requirements: Provisions shall be made for gMing
alarm in case of fire. lt shali be the responsibility of the duly authorized
.
attendant or caretaker to inform alt employees about meanE for summoning
fire apparatus, sheriffs office and resider( employees' All fires are subiect to
S3O7'df the 2OO3 lntemational Fire Code (lFC) including brtt not limited to-.
i"*itr, attendanoe, open fires, coal grills, fire bans and bon fires. One (1) or
more approved extinguishers of a type suitable for flammable liquid or
electricaifires (Class A, Clase B and Class C), carbon dioxide or dry
chemical, shall be located in an open staiion so that it will not be necessary to
travel more than one hundred (1OO) feet to reech the neerest extinguieher. A
water storage tank may Ue requfei if Courfi and localfrre protection officials
deem it necessary
(B) Bear-proof refuse containere must be provided for trash. At leaet one thirty
(gO) gallon (4 cubic feet) container shatl be provided for each r.rnit orthe
equiiatent in a centraltrash collection faoility. Sa_id containe(s) must be
durable, washable, non-absorberrt metal or plaSic with tight-fitting lids.
Refuse shall be disposed of not less than once weekly'
(C) Outdoor food Btorage is prohibited unless facilities that prevent the attraction
of animals to the temporary employee housing site are provided.
(D)The applicant shall provide a detailed map and G]]S coordlnates to the
Garfield County Sheriffs Office and the relevant Fire Protection Dislrict which
is sgfficient for emergency responge purPoses, including location of the
temporary emptoyee'housing site; private and pubtic.roadways accessing the
site, markeO a's open, gated andior looked; and detailed direcfions to the site
from a major puniic rigit-of+,vay. The map is subject to approral !V tne
Garfield County Sheriffs Otrice and relevant Fire Proteciion District.
(6) lf structures, requiring Building Permits under the Garfield Coqnty Building Code,
are construstEd.for tf,e commLrcial, industriat, highway projest or mineral
.
extraction operation relatad to the Special Use Permit for Temporary Employee
Housing, upon expiratlon or revoc.ltion of the permit Certificetes of Occupancy
for such structures ehall be withheld until the temporary living quarters..are
removed and the site is restored to the satis#astion of the County Building and
Planning Director.
(7) lf aSpecial Use Permit for Temporary Employee Housing is granted, the.., ' apptiiant shall notify the county when site development begins' The applicant.,
sfrin verify in writlni, by site plin and through photo documantation that the site,
Ga rft eld cou nU, Bogrd of co'^P##
fi :"JtH
Page 4 of6
v\rater system, and Eewage disposal system vyere designed, installed and
inspectid in accordance-with tire said-special use..permit and comply with all
.
"pifiobf"
regulations, permiB, and conditions. Allwritten documentation and
stJ pans ,ei,fying compliane must be stamped by a certified Colorado
-ngin*r. Tne-colnty aiso reserves lhe right to insPect a site, without notice, to
"rJ.r. compliance with the Special Use Permit for Temporary Employee
-
Housing. A determination of noncompliance with any.special use Permit for
fempoLry Employee Housing, or condition approvalthereof, is groundsfor^
revocation or gus#nsion of sIiO permit, in accordance with Section 59'01'06'
(8) lf there is suitable permanent housing inventory available..in an area nearthe'-' *rrur"ial, indusirial, highway proj;ct or mineral extmction operation, as
determined at the discreti'on ofthe gOCC, the Special Use Permit for Temporary
Employee Housing shall not be granted.
(9) No animals shall be allowed at temporary employee housing sites.
(10) ln evaluating a request for a special use Permit forTemporary EmpJo-yee
.' -'Housing, thigounty Commissioners may require compliance with additional
conditiJns of approval as may be needed to ensure the health, safety and
welfare of the Public. (A-81-263)
(1 1)The applicant shall submit as part of the Special Use Permit for Temporary' 'imptoyee Housing, a reclamation and revegetation .Ol11for each specific site
addreising att points in sestion eleven (1 1) within this $5.O2.21.
a. Debris and waste materials, including, but not limited to structures, concrete,
footings, sewage disposal systems and related infrastrudure, water storage
and rJlated OislriOution infrastructure, roedB, and other sand, plastic, gravel,
pipe and cable shall be removed, Alt pits, cellars, and other holes willbe
backfflled as Eoon as possible after ail equipment is removed to conform to
sunounding tenain. All access roads to the ette and associated facilities shall
be closed,lraded and recontoured. Culnerts and any other obstructions that
were part oithe access road(s) shall be removed. Upon ciosure of a camp
facility, wastewater tanks shall.be compietely pumped out and either crushed
in plaCe, punclured and filled with inert material or removed' Any waste
miterlal pumped from a wastewater tank or waste debris hom tenk removal
must be bisposed of at an approved facility that is Permitted by CDPHE andior
Garfield County to recaive said wastes. Materials may not be bumed or buried
(other tnan lSfiSl on the premisea. AII disturbed areas affeded by temporary
employee houeing or sub6eguent operations shatl be. rectaimed as early and
as nearly as praci'icable to their original condition and.shall be maintained to
control dust, weeds and minimize erosion' As to crop lands, if subsidence
occurs in such ereas additional topsoil ehall be added to the depression and
the land shall be re-leveled as close to its original contour as practicable.
Reclamation shall occur no later than three (3) morrths after the Special Use
Permit forTempdr:ary Employee Housing expires or is revoked unless the
Director or designee'extenas tne time penod because of conditions outside
the control of the aPPlicant.
b. All areas compacted by temporary employee housing and subsequent
Garfield County, Board of County CommissioisJs
^.Adopted
**"r[:,ir;.ff
operations shallbe cross-ripped. On crop land, such compaction alleviation
oi"r"tionr shall be undertaken when the soil moisture at the time of ripping is
u"lo* thirty-five percerTt (350/6) of field capaclty. Ripping shalt be undertaken to
a depth of eighteen (1g) inchei unless anc tc the exr.ent bed ..oc* is
encountered at a shallower dePth.
c. \A/hen a temporary employee housing site is remo.ve{, all,disturbed areas will
be restored and revegetatld as soon as practicable. F-or disturbed areas not
regulatea by the CoLEOo Oil and Gas Conservation Commission, the following
regulations will aPPIY:
(1)Revegetationofcroplands.Allsegregatedsoil,h.orizonsremovBdfrom
crop iands shall be'reptaceO to their orlginat relative positions and
contour, and shall Oe iitnA adequately io reestablisl.r a proper seedbed'
The area shall be treated if necessary and practicable to prevent invasion
of undesirable species and noxious ureBds, and to conkol erosion' Any
perennial forage crops that were Present before disturbance shall be
reestablished.
(2) Revegetation of norrcrop lands. Atl segregatgd soil horizons removed
fnorn non-croplands sfriU Ue replaced-to their original relative positions
and contour aE near as practicable to achieve erosion control and long-
term stabillty, and shall be titteO adequately in orderto establish a proper
seedbed. The disturbed area then shall be reseeded in the first favorable
season. Reseeding with species consistent with the adjacent plant' ffi;unitv ir encouragea. ln tte absence of an agreement behi'een the
applicant and the atreied surfuce or/ner as to wtrat seed mix should be
used, the applicant shall consutt with a representdive of tfue local soil
conservation district to determine the proper seed mix to use in
revegetating the disturbed area'
d. During occupation and reclamaiion operations, all disturbed areas ehallbe- dpt #ee ot'Garfield County and State of Colorado List A and B noxious
weeds.
e. Successful reclamation of the site and access road will be considered
completed when:
(1) On crop land, reclamation has been performed.as per 11(cX1) of this' ' section, and observaiion by the Director or designee over two growing
8Ba8on8 has indicated no significant unrestored subsidence.
(2) On non-crop land, reclamation has been performed as per 1 1(cX2) of this
section, and the total cover of live perennial vegetation' excluding noxious
weeds, provides suffrcient soils erosion control as determined by the
Director through a visual appraisat. The Director or designee shall
consider tne tita cover of iive perennial vegetation of adjacent or nearby
undieturbed land, not including orrerstory or tree canopy cover, having
similar soils, slope and aspect of the reclaimed area'
(3) A final reclamation inspection has been completed by the Director or
Garfield Coufi, Boerd of County Commissioners
As Mopt€d *,BnBL:';';-off
designee, there are no outstanding compliance.issues relating to Garfield
Couity rules, regulations, orders & p"*.fr conditions., and the Direc{or or
designee nas nJtified the applicant that final reclamation has been
approved.
f. specifically as to revegetation, the applicant shall provide security for
*rlgJrti6n of distubld areas in amount and in accprdanoe with a plan
"pprirrO
by the Garfield Gounty Vegretation Management Department' The- .-
sbturity strill Oe held by Garfielit Gounty rtttllr"!"t*ion has been successfully
reestablished accordind to tn" standardl in the Garfield County Vegetation
Management Plan aOoitea by resolution No' 2002-94, as amanded'
g. specifically as to reclamation, the applicant shall provide security for' reclamation or ai*urued areas in amount and in accordance wtth a plan
"pp.r.a by the ea*iero county Planning Department. The security shall be
nEiA UV g"rfield County until reclamation has been successfully completed per
Section 11 within this $5.02.21.
(is-zq)
Colorado Department
of PublicHealth
andEnvironment
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Water Quality Control Division
5 CCR 1003-1
STATE BOARD OF HEALTH
PRIMARY DRINKING WATER REGULATIONS
(Amended January 19, 2005, effective March 30, 2005)
Article 1 General Requirements
1.1 Authority
Sections 244-104,24-4-105,25-1.5-101,25-1.5Par|2,25-1-108,25-1-109,25-1-114,and25-1-114.1'
Colorado Revised Statutes
1.1.1 Purpose
The purpose of the Colora do Primary Drinking Water Regulations is to assure the safety of public drinking
water supplies, and to enable the Stlte of Coiorado to assume responsibility for enforcing the standards
established by the federal Safe Drinking Water Act (*Public Law 93-523), as amended.
The Colorado State Board of Health, pursuant to Part 1 of Title 25, Colorado Revised Statutes, has
promulgated the Colorado Primary Dinking Water Regulations-
1.2 Appticability --l
I
The Cotorado Primary Drinking Water Regutafions shall apply to each public water system, unless the I
public water system meets all of the following conditions:
I
(a) Consists only of distribution and storage facilities (and does not have any collection and treatment 1
facilities) - /r vrorr rvulr
1
(b) Obtains all of its water from, but is not owned or operated by, a public water system to which such I
regulations apply I
I(c) Does not sell water to any person, and
I
I(d) ls not a carrier which conveys passengers in interstate commerce J
1.3 RepealandRe-adoPtion
The Colorado State Board of Health repealed and re-adopted the Colorado Department of Public Health
and Environment's Colorado Primary Drinking Water Regulations on January 19' 2005.
The Colorado State Board of Health regulations concerning use of ice for potable purposes, adopted
August 14, 1950, and standards affecting the quality of water supplied to the public by vendors,
disiensing tanks, water haulers, tanks, bottles and containers (otherthan through pipes), as adopted
October 18, 1954, shall remain in full force and effect.
1.4 Effective Date
The Colorado Primary Drinking Water Regulatlons shall take effect twenty days after the date of
publication thereof in the Coloiado Register as finally adopted by the Colorado State Board of Health'
,\'),
8
411.2
,d'
(f'tu'V
EXHIBIT A
ARTICLE X, SECTION 411 TEMPORARY AND SPECIAL USE PERMITS
FOR TEMPORARY LIVNG QUARTERS (TLQS)
4IL.l All Temporary Living Quarters (hereinafter TLQs), consructed or installed in
Rio Bianco County related to commercial, industrial, transportation, oil & gas or
mineral extraction projects require either a Temporary Use Permit pursuant to Sec.
225 of the Rio Bianco County Land Use Resolution (hereinafter LUR) or a Special
Use Permit pursuant to Sec. LZ ,LUR.
TLQs are divided and defined in three distinct categories as follows:
(A) Type 1: Small On-site Ouarters. These are for under twenty five
workers housed at the work location or in the case of oil and gas drilling, on
the well pad. These quarters are temporary structures such as manufactured
housing or recreational vehicles. These quarters require a Tempqrary Use
Permitpursuantto Sxc2Z5,LUR. ( G Ttort{h l"im'''/ )
(B) Type z: smatt centrat l,ocation{uJr-tk#0 rf#A:Xir?"#;?rf *
fifty workers and are located away from the work site or well pad' These
quarters are temporary structures such as manufactured housing or recreational
vehicles. These quarters require a Special Use Permit pursuant to Sec' 224,
:^',}l:xffi fi fl:ffi fff :x:1,:'.'il?l:[Jilri"t;;'t'9{i,-6ate'
(C) Type 3: Large Central Location Ouarters. These quarters are forln
excess of fifty workers, located away from the work site or wellpad. These
\
quarters are permanent structures. These quarters require a Special Use Pennit
L( pursuant to Sec. 224,LllRand may be permitted for multiple years with
annuai Administrative Reviews foi compliance' (n, ti'plt,1er")- -/o.ya,;( reYtal' L2anin, keu'o"'t
41L.3 The following provisions apply to all three types of TLQs with exceptions
as noted:
A. General Requirements.
1. On or before thirty days after the date the Temporary Use Permit or
Special Use Permit expires ali housing structures and associated
Rio Blanco County Planning and Development Department
3i7 E. Market (PO Box 599). Meeker, CO 8l&1
Office 970. 878 9580 Fax 970 8'18 9581 email pl:rnnine@"co ric)-hlanco co'us
Iune 25,2007
Page I
B.
infrastructures shall be removed and the land shall be reciaimed to the
satisfaction of the Planning Department'
2. All,Type 1 and Type 2 TLQs , except licensed m9t-or homes'
recreational vehicles and camp trailers, and all type 3 TLQs require a
Rio Bianco County building permit and certificate of occupancy before
occupancy.
3. All TLQs must be iocated on property owned by or leased for the
period of ttie permit by the Applicant, excspt TLQs located on Federal
land which must have an approvod Right of way issued by the BLM or
U.S. Forest Service.
4. TLQ sites must be reiated to one or more commercial, industrial,
transportation, oil & gas, or mineral extraction projects and must be
located with separation of at least one mile between sites regardiess of
land ownershiP or oPerator.
5. TLQs for oil and gas extraction projects in agricultural zones may
be exempt from the one mile spacing requirement if the Applicant can
demonstrate that the housing structures and all supporting infrastructure
will be contained within a Colorado Oil and Gas Conservation
commission (coGCC) approved well pad. To qualify for such an
exemption there must be no land disturbance outside of the COGCC
approved well Pad.
Time Limitations.
1. Temporary Use Permits issued pursuant to Sec. zzs,LtJxare for '*4*,
months with one six month extension' In recognition of the fact new .[.\I/-
technology allows for multiple wells to be drilled on one well pad over \)
an extended period of time, a Temporary use Permit for Type 1 TLQs
may be extended for additional six month periods by Administrative
Review. Applications for extensions must be made on forms provided
by the Rio dhnco County Planning Department (hereinafter Planning
Department)
2, Speciai Use Permits issued for Type 2 TLQs are for a maximum of
on, yr*. For good cause shown, a permit may be extended annually by
Rio Blanco County Planning and Development Depanment
317 E. Market (PO Box 599), Meeker' CO 8l&l
offrce e70 878 e580 "*,,ort#Jti;, ffiA;ry
Page2
nI
rg,v
t.,/
'
Administrative Revievrr. Applications for extensions must be made on
forms provided by the Pianning Department. Approval of annual
extensions will be granted for good cause provided the Applicant is in
compliance with the terms and conditions of the existing Special Use
Permit as well as in compliance with all rules and regulations in the
LUR.
3. Type 3 TLQs are issued for muitiple years and do not require annual
extsnsions. These TLQs require only annual Administrative Reviews
for determination of whether there is compliance with the terms and
conditions of the Specific Use Permit and other rules and regulations in
the LUR.
C. ApplicationProcess.
i. A11 Appiicants must schedule and attend a pre-application meeting
with Planning Department staff to discuss project information and
permitting requirements. One of the issues to be discussed at the pre-
application meeting is the need for the TLQ the Appiicant intends to
apply for. Applicant should be prepared to provide an assessment of
cunently available housing and projected housing availability within
existing municipaiities, including but not limited to commercial
campgrounds, mobile home parks and simiiar faciiities within thirty
minutes driving time of the proposed TLQ site location. If it is
determined that suitable housing inventory is available within thirty
minutes driving time of the proposed TLQ site location, a pennit for a
TLQ will not be granted.
2. Information and documents which must be submitted for an
application to be considered complete inciude the following:
a. A detailed site pian and vicinity map in both hard copy and
digital format inciuding location of the TLQ site, private and
public roadways accessing the site marked open, gated and/or
locked, and detailed directions to the site from a County road or
State highway.
Rio Blanco County Planning and Development Depanment
317 E. Market (PO Box 599)' Meeker. CO 81641
Office 970 878 9580 Fax 970 878 9-581 email planning@'cr .rio-hianco co'us
June 25.2007
Page 3
b, As to applications for Type 1 TLQs' a copy of the approved
ApplicationforPenrrittoDriil(APD)documentsfromthe
COGCC indicating housing location(s)'
c. A statement of the estimated total length of time the TLQ will
be at the ProPosed location.
d. A listing of tn. names and addresses of the owners and zoning
of all land adiacent to and withi* trrud)piles of the proposed
location.
e. Applicant's Drug and Alcohol Policy inciuding mechanism of
enforcement.
f. Applicant's Firearms and Weapons Po1icy including
mechanism of enforcement.
g. The Site Security Plan including the registration/check-in
policy. If a professional security service is to be used
-information
must be provided concerning the service.
h. on site medical and emsrgency medical services to be
provided.
i. e truffi. and transportation plan inciuding the anticipated
volume and type of vehicie use, vanpooiing or bussing plans,
actions taken to reduce/minimize traffic, parking design and
policy, copies of Applicant's driving rules and an Equivalent
'Singi.
AxLi Load 1gSel) estimate specific to the construction
and operation of the TLQ.
j. A copy of House Rules for the TLQ'
k. A storm water managemsnt plan for the site'
1. A copy of the site weed control pian, approved by the Rio
Blanco CountY Weed DePartment'
m, A lighting plan showing design to provide required lighting
while minimizing iight poilution.
n. Complete detiils of the water system proposed to service the
TLQ. (See requirements in Section 4Ll'4A)'
o'CompietedetaiisoftheWastewaterSystemproposedto
serviceihe TLQ. (See requfements in section 4lL4B).
p. complete details of the Fire Protection System proposed to
ieruice th. proposed TLQ. (See requirements in Section
41r.4C).
Rio Blanco County Planning and Development Depa-rtment
317 E. Market (PO Box 599), Meeker' CO 81641
ofFrce e70 878 es80 t". rort#Jtt;, lt6|@
Page 4
q. Complete details of waste disposal system proposed to
service the proposed TLQ. (See requirements in section
4rr.4D).
r. compete details of the proposed reclamation plan. (see
requirements in Section 4ll.4B).
41L.4 Requirements Related To The Operation Of TLQs:
A. Water SJ,stems.
1. Water Systems proposed to service TLQs must comply with all
applicable state and locai laws and regulations.
2. For facilities serving under twenty five (25) workers (Type 1 TLQs),
the Appticant must conduct monthly tests (or quarlerly if an on-site
disinfection system is installed) of stored potable water samples specific
for coii form and maintain records of such tests. Any tests indicating
coli form contamination must be disclosed to the Planning Department.
3. Water systems serving twenty five (25) people oI more (Type 2 and3
TLQs) must demonstrate conformance to state regulations by obtaining
all necessary state permits prior to the scheduling of a TLQ Special
Use Permit public hearing.
4. In no case shall unsafe water be used for drinking or used water be
discharged on the ground surface.
5, Records related to water supply and testing must be maintained for
inspection by the Planning Department for the iife of the permit.
B. Wastewater S5,s1srn5.
1. Wastewater systems proposed to service TLQs must comply with ail
appJicable state and local iaws and reguiations. in addition, all
wastewater must be disposed of on-site using an Individual Sewage
Disposal System (ISDS) or Community Wastewatel Facility.
Rio Blanco County Planning and Development Depanment
317 E. Market (PO Box 599), Meeker. CO 81641
Office 970 8?8 9580 Fax 970 878 9581 email lrlanning@'co rio-hlancr:.co'us
Iune 25,2007
Uada \
2. A specific TLQ may be granted an exsmption from the above
ISDS/Community Waste Water Facility requirement if it is determined
that:
a. An ISDS system is not feasible due to environmental, topographic
or engineering conditions where the TLQ is to be located; and
b. A Community Wastswater Facility is not appropriate; and
c. Year-round access is available and maintained for safe and
regular access for wastewater hauiing vehicles.
3. If a pump and haul system is approved, the following requirements
must be met:
a. AII wastewater must be disposed of at an approved facility'
b, The Applicant must demonstrate an arrangement for hauiing
wastewater including an appropriate contact with a iicensed hauler
and a letter of understanding with a back up iicensed hauler in the
event the primary hauler fails.
c. Applicant must provide a detailed emergency response plan that
addresses such issues as, equipment failure.
d. Applicant must provide a letter from a licensed disposal facility
stating the facility has the capacity and willingness to receive and
treat Applicant' s anticipated wastewater.
e. Applicant must maintain all records including but not iimited to
trip logs and disposal reports for one year after the termination of
the TLQ permit.
f. All wastewater disposal records must be available to the Planning
Department and/or any other interested third party upon request and
must be provided to the Planning Department as part of any
application for a TLQ permit extension.
g. in no case shall wastewater be discharged on the ground surface
or disposed of at any location other than an approved facility.
C. Fire Protection
1. A Site Fire PIan must be provided with the application and must
include at least the following:
a. Provisions for giving alarm in case of fire.
Rio Blanco County Planning and Development Department
317 E. Market (PO Box 599), Meeker. CO 81641
ofrice e70 878 e-580 .* rrortJ;J;t;, ilA;@
Page 6
4L1,.5 Reclamation
A. The Applicant shall submit as part of the TLQ Temporary 0r
Special Uie permit application, a reclamation and revegetation plan for
each specific site satisfying the following requirements:
1, Construction debris and waste materials, including, but not
timited to structures, concrete, footings, sewage disposal systerns
and related infrastructure, water stora-qe and related distribution
infrastructure, roads, and o*rer sand, plastic, gravel, pipe and cable
must be removed.
2. Allpits, cellars, and other holes must be bacidilled and
.o*puit.d as soon as possible after all equipment is removed to
conform to sunounding tenain.
3. NI access roads to the site and associated facilities must be
closed, graded and recontoured'
4. Cuiverts and any other obstructions that were part of the access
road(s) must be removed.
5, Upon closure of a TLQ, wastewater tanks and leach fields must
be completely purnped out and removed. Any waste material
pr*p.i from a wastewater tank or ieach field or waste debris from
iank-and leach field removal must be disposed of at an approved
faciliry thar is permitted by colorado Department of Public Health
and Environmint (CDPHE) and/or Rio Bianco County to receive
said wastes. Materials may not be burned or buried on the premises'
6. Al1 areas compacted by TLQs and subsequent operations must be
cross-ripped. On crop land, such compaction alleviation operations
shall be undertaken when the soil moisture at the time of ripping is
below thirty-five percent (35V0) of field capacity. Ripping shall be
undertaken to a depth of eighteen (18) inches uniess and to the
extent bed rock is encountered at a shallower depth'
Rio Blanco County Planning and Development Department
317 E Market (PO Box -599). Meeker, CC) 8l64l
Offrce 970 878 9580 Fax970 878 9581 email nlannine@'co rio-hlanco'co'us
June 25,2007
Page 8
D.
b. A duly authorized attendant or caretaker who has the
responsibiiity to inform all tenants about means for summoning fire
apparatus, the sheriff s office and resident employees'
c, Open burning is not allowed 0n any TLQ site.
d. Provisions for location of one or mors approved fire extinguishers
of a type suitable for flammabie liquid or electrical fires (Class B
and Class C), carbon dioxide or dry chemical, in one or more open
stations so that it will not be necessary to travel more than one
hundred (100) feet from any location in the TLQ to reach the
nearest fire extinguisher.
e. Sprinkler systsms if required by the Rio Blanco Building Code or
the Planning Department.
f. A water storage tank if required the Rio Blanco Building Code or
the Planning Department.
2. Bi-monthiy inspection of the fire alarm and extinguishing
equipment is required. Records of the inspections must be available for
review by the Planning Department'
Vl/aste Disposal
1. Bear-proof refuse containers must be provided for trash. At ieast one
thirty (30) gallon (4 cubic feet) container must be provided for each unit
or the equivalent in a central trash collection facility. These
container(s) must be durable, washable, non-absorbent metal or plastic
with tighrfitting locking lids.
2. For Type 2 and 3 TLQs, a central bear-proof wire fenced trash
storage site with a covered top may be used as an altemative to or in
addition to individual containers.
3. Trash must be disposed of not less than once weekly.
4. Outdoor food storage is prohibited unless facilities that prevent the
attraction of animais to the TLQ site are provided'
5. Visual screening of trash facilities may be required.
Rio Blanco County Pianning and Developmenl Department
317 E. Market (PO Box 599)' Meeker. CO 8l &l
'onice e70 878 e.580 "* r.rt#J;t;, lt6i@
PageT
B, All disturbed areas affected by TLQ sites must be reclaimed as
nearly as practicable to their onginal condition and shall be maintained
to control dust, weeds and minimize erosion. Reciamation shall occur
no later than three (3) months after termination of the TLQ unless the
Planning Department extends the time period because of conditions
outside the control of the Applicant.
c. For disturbed areas not regulated by the colorado oil and Gas
Conservation Commission, the following regulations apply:
1. Revegetation of crop lands. A11 segre gated soil horizons removed
from crop lands shall be repiaced to their original relative positions
and contour, and shall be tilled adequately to re-establish a propel
seedbed. The area shall be treated if necessary and practicable to
prevent invasion of undesirable species and noxious weeds, and to
control erosion. Any perennial forage crops that were present
before disturbance shall be reestablished'
2. Reveeetation of non-crop lands. A11 segregated soil horizons
romoved from non-crop lands shall be replaced to their original
relative positions and contour as neal as practicable to achieve
erosion control and long-term stability, and shall be tilled
adequateiy in order to establish a ploper seedbed. The disturbed area
thenshall be reseeded in the first favorable season. Reseeding with
species consistsnt with the adjacent piant community is encouraged'
In the absence of an agreement between the Appiicant and the
affected surface owner as to what seed mix should be used, the
Applicant shall consuit with a representative of the local soil
conservation district to determine the proper seed mix to use in
revegetating the disturbed area.
D. During occupation and reclamation operations, all disturbed areas
must be kept free of Rio Bianco County and State of Coiorado Lists
A and B noxious weeds.
E. Successful reclamation of the site and access road will be considered
accomplished and'comPleted when:
1. On crop iand, reciamation has been performed as pel this section,
and observation by the.Planning Department over two growing
seasons confirms no significant uffestored subsidence'
Rio Blanco County Planning and Development Depanment
317 E. Market (PO Box 599), Meeker, CO 81641
offrce e70 878 e.580 t"^ rror*J;J;r;, itali@
Page 9
2. On non-crop land, reclamation has been performed as pel this
Section, and the total cover of iive perennial vegetation, excluding
noxious weeds, provides sufficient soils erosion control as
confirmed by the Planning Department by a visual inspection. The
Planning Department shall consider the total cover of live perennial
vegetation of adjacent or nearby undisturbed iand, having similar
soils, slope and aspect of the reclaimed area'
3. A final reclamation inspection has been completed by the
Planning Department and there are no outstanding compliance
issues relating to Rio Bianco County rules, regulations, orders or
TLQ permit requirements and conditions'
4. The Planning Department has notified the Applicant thatfinal
reclamation has been aPProved.
41L.6 Miscellaneous Provisions
This Section is not intended to be applied to emergency or disaster
situations where temporary housing is necessary.
If structures, requiring Building Permits under the Rio Blanco County
Building Code, are constructed for the commercial, industrial,
transportation project or mineral extraction operation related to the TLQ
site for which-a Special Use Permit is issued, upon expiration or revocation
of the permit Certrfrcates of Occupancy for such structures shail be
withheld until the TLQ is removed and the site is restored to the
satisfaction of the County Building and Pianning Departments.
TLQ sites must be maintained in a clean, safe and sanitary condition, free
of weeds and refuse. Any hazardous or noxious materiais 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'
Inhabitants of the temporary housing must be Appl,icant's employees
and/or subcontractors, working on the related construction or minerai
extraction operation, and not dependents of employees, guests or other
famiiy members,
Rio Blanco Counry Planning and Development Depanment
317 E. Market (PO Box 599), Meeker, CO 81641
Office 970 878 9580 Fax970 878 9-581 email nlanning@,'co.rio-hlanco.co-us
June 25,2007
Page 10
A,
B.
C.
D.
E. No animals are allowed at TLQ sites.
F. If a permit for TLQ is granted, the Applicant shall notify the County when
site construction begins. For Type 1 TLQs not requring a Building Permit
(recreational vehicles, motor homes and camp trailers) the Applicant shall
noufy the County when occupancy begins.
G. As to Type 3 TLQs, on-site County emergency services and/or iaw
enforcement staff may be required. The cost of such may be shared
between the Applicant and Rio Blanco County.
H. The Planning Department shall have the right to inspect a TLQ site,
without notice, to assess compliance with the TLQ permit. A
determination of noncompliance with any Temporary Living Quarters,
Temporary or Special Use Permit, or conditioned approval thereof, is
grounds for revocation or suspension of said Permit.
I. TLQ Permits may include additional requirements as may be necessary to
ensure the health, safety and welfare of the public.
41,1,.7 Reporting Requiremen ts
A. When the need for a TLQ at a given location is ended and the TLQ
faciiity and associated structures are to be removed, the Applicant will
notify the Planning Department at least 10 days prior to removal,
B. Each Applicant must submit an annual summary of TLQ use' January 1
throu_sh December 31, including number of persons housed in each TLQ.
Reports are due by January 31" ofeach year'
411.8 Revocation and Penalties
A. Failure to comply with the requirements or conditions of a TLQ Temporary
or Special Use Permit may be grounds for revocation pursuant to Section
105 of Article V of the LUR or imposition of penalties or remedies pursuant
to Section 104 of Article V of the LUR.
fuo BIanco County Planning and Development Department
317 E. Market (PO Box 599)' Meeker' CO 81641
Office 970 878 9580 Faxg'70 878 9-581 email nlanningCqtco.no-hlanco.co.us
June 25.2007
Page 1 1
RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT
County Courthouse
555 Main Street
Post Office. Box 599
Meeker, CO 81641
Ghecklist for Special Use Permits for Temporary Living
Quarters (TLas)
The following checklist is provided as an aid to completing an appiication for a Special Use Permit
for a Type 2 or 3 Temporary Living Quarter . Please refer to the TLQ guidelines for additional
details. Not all items will apply to every appiication.
Type of TLQ applied for:
[ ] Type 1 Temporary Use Permit, (Use Specific Type I Application Form)
[ ] Type 2 Special Use Permit
[ ] Type 3 Special Use Permit
[ ] Pre-Application Meeting Date
[ ] Completed Application - Include applicant name, address, and contact numbers, site address or
location. Submit 12 copies of the final application.
[ ] Required Application Fee - see fee schedule in the LUR Section 118.
[ ] Statement of Need - analysis of available housing, include anticipated/desired starting date of
construction and occupancy.
[ ] Legal description/ proof of ownership/ authority:
[ ] If owner is other than applicant, Ietter ofconsent conveying authority to act on behaifofthe
owner and contract with owner.
[ ] If on pubiic lands, documentation giving proof of legal authority to use the site.
[ ] Vicinity Map - a hardcopy and digital copy showing the relationship of the site to sunounding
properties, roads, current surface ownership and other deveiopments on a USGS 7.5 minute series
quad map.
[ ] Statement of anticipated number of occupants with time periods of higher and lower needs
enumerated
Rio Blanco Counry Planning and Development Department
317 Market Street (PO Box 599), Meeker, CO 81641
Office9TO 878 9580 Fax9'10 878 9581 email plznninqfdco.no-blanco.co.us
Page I
Julv 25, 2007
[ ] Site Plan, hardcopy and digital copy. This plan should show the foliowing features as they
appiy to the site:
[ ] Location, dimensions, and height of all buiidings and other structures. For buildings include
elevation drawings.
[ ] Setbacks, if necessary, provide documentation.
[ ] Location of access points and roads. Include width and surface type.
[ ] Parking, loading and vehicle maneuver areas, surface type. number of spaces.
[ ] Stormwater facilities including any curb, gutters, grates and inlets, retention or detention
facilities, pipes, and drainage ditches.
[ ] Inigation ditches, pipeiines, and other easements.
[ ] Underground and overhead utiiities inciuding water, sewer, power, teiephone, gas, and
septic tank locations
] Water wells or potable water storage
] Wastewater storage
I Solid Waste Facilities
Exterior iight fixtures
Fencing, berms, walis and other screening devices or landscaping
Fire hydrant or watsr source and capability for fire control
Any natural features of note inciuding unusual topography, wetlands, floodpiarns, or
vegetatlon.
Open space I recreational facilities
Any other proposed improvement reiated to the TLQ.
If multiple sites, provide documsntation that required spacing is met.
[ ] Statement of anticipated length of time TLQ will be needed.
[ ] Names addresses, zoning and land use of adjacent properry and mineral right owners within 2
miles,
[ ] Necessary County building permits and inspections
[ ] Colorado Division of Housing approval on portable manufactured buildings (includes
skid mounted)
[ ] Building Permit on site built
[ ] County Road and Bridge permits
[ ] Access Permit
[ ] Oversize, Overweight Permit
[ ] Utilities Installation Permit
[ ] Estimate of costs to construct the TLQ, broken down between materials and iabor.
[ ] Site Security Plan - describe private security if planned.
*i?fil"""*t;HiHffi:L'r',;li:'J,[:::3?,ilT*'
. Office97} 878 9580 Fax 970 878 9581
,email
plaming(@co.rio-blanco.co.us
Jrtly 15,2007
i I in- house medical and emergency medical services plan
t ] Sign Pian - at a minimum must be sufficient to direct emergency responders and must identify
any special hazards
[ ] Transportation PIan - inciuding anticipated traffic, type and volume
I Vanpooiing or bussing plan
I Parking Design and Policy
I Company Driving Rules
I Expected impact on established roads
I ESAL equivalent estimation
[ ] Stormwater management plan
[ ] Cafeteria facilities - if pianned, include necessary certificates and licenses. include deaiis for
food storage.
Water System
[ ] Hauiing of off-site potable water
I I Source and agreement with hauling company (must be CDPHE approved, supply
registration number and certification). Description including number and voiume of tanks,
demand caiculations, and frequency of delivery.
[ ] On-site source - If well water is used by the TLQ, atlach a copy of the appropriate well permit
or other legal water supply information and CDPHE approval.
[ ] Plan for compiiance with testing requirements.
Waste Water Systems
t I ISDS System (includes septic tanMeach field and individual package piant systems)
[ ] County Building Department Permit and Approval
or
[ ] Community Wastewater Facility
[ ] Permit from CDP]IE (systems over 2000 gals must have CDPHE approval)
or
[ ] Hauling Service - description including calculation of demand, number and volume of vauits,
name and license number of the hauler, and disposal site. For Type 2 and 3 facilities you must
show that:
[ ] ISDS not feasible due to site conditions
[ ] There is regular year-round access
*'i?+T;-';"#*:'fr'ffi'"Ifr'r;',$g#:i3?,Hl*'
Office 970 878 9580 Fax 970 trt
?r^:: .email
nlanning@co.rio-blanco..co'us
july 25. 2007
[ ] Agreement with hauling company including contact information and backup plan
[ ] Disposal details, approved facility and documentailon that they are wiliing to accept the
volumes anticipated.
Fire Protection and Emergency Services
| ] Emergency Response Map- showing detailed road access and mileage to the site from major
public roads including gate information with lock combinations.
[ ] Emergency Response Information - Provide name, address. and phone number, including 24
hour number of at ieast 2 persons responsible for emergency field operations.
[ ] Smoke alarms as required by code or condition'
[ ] Single station carbon monoxide alarm as required by code or condition.
[ ] One or more approved fire extinguisher, Class B or Ciass C, as required by code or
condition.
[ ] Site Fire PIan
] Fire protection system
] Water storage tank specifications - if required
I Wildfire escape plan
I Building egress
I Escape and meeting pian posted
Waste Disposal
Bear-proof trash containers required
Type and number of containers required, name ofhauler, frequency of collection, and disposal
or
[ ] Central fenced bear-proof site
[ ] Copy of trash hauling agreement
Reclamation Plan -
[ ] General reciamation plan for return to pre-development conditions
[ ] Crop lands- include timing and seed mix
or
[ ] Non-Crop lands - include timing and seed mix
[ ] Weed controlplan.
Rio Blanco County Planning and Development Depanment
317 Market Street (PO Box 599)' Meeker, CO 81641
Office910 8?8 9580 Fax 970 878 9581 email nlamingtSrco.rio-blanco.co.us
Page 4
July 25. 2007
ilil
site.
A copy of the following should be submitted or be on file with the County:
[ ] Company Drug and Alcohol PoiicY
[ ] Company Firearms and Weapons Poiicy
[ ] House rules for the TLQ
[ ] Company Driving Rules
Rio Blanco County Planning and Development DePartment
317 Market Street (PO Box 599), Meeker, CO 81641
office97O 878 9580 Faxg'70 878 9581 email plantring(dco.rio-blanco co.us
Drop 5
July 25, 2007
RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT
County Courthouse
555 Main Street
Post Office. Box 599
Meeker, CO 81641
Checklist for Special Use Permits for Temporary Living
Quarters (TLQs)
The following checklist is provided as an aid to completing an application for a Special Use Permit
for a Type 2 or 3 Temporary Living Quarter . Please refer to the TLQ guideiines for additional
detaiis. Not all items will apply to every applicatron.
Type of TLQ applied for:
[ ] Type 1 Temporary Use Permit, (Use Specific Type I Application Form)
[ ] Type 2 Special Use Permit
[ ] Type 3 Special Use Permit
[ ] Pre-Applicailon Meeting Date
[ ] Completed Application - Inciude applicant name, address, and contact numbers, site address or
location, Submit 12 copies of the final application.
[ ] Required Application Fee - see fee schedule in the LUR Section i 18.
[ ] Statement of Need - analysis of available housing, include anticipatedidesired starting date of
construction and occupancy.
I I Lega] description/ proof of ownership/ authoriry:
[ ] If owner is other than applicant, Ietter of consent conveying authority to act on behalf of the
owner and contract with owner.
[ ] If on public iands, documentation giving proof of legal authority to use the site,
[ ] Vicinity Map - a hardcopy and digital copy showing the relationship of the site to sunounding
propefiies, roads, cunent surface ownership and other developments on a USGS 7.5 minute series
quad map.
[ ] Statement of anticipated number of occupants with time periods of higher and lower needs
enumerated.
Rio Blanco County Planning and Development Department
317 Market Street (PO Box 599), Meeker, CO 81641
Office 970 878 9580 Fax 9'70 878 9581 email planninsf@co.rio-blanc.o.co.us
Page I
july 25.2007
[ ] Site Plan, hardcopy and digital copy. This plan should show the following features as they
appiy to the site:
[ ] Location. dimensions, and height of all buildings and other structures. For buildings include
elevaLion drawings.
[ ] Setbacks, if necessary, provide documentation'
[ ] Location of access points and roads. Include width and surface type.
[ ] Parking, ioading and vehicle maneuver areas, surface type, number of spaces.
[ ] Stormwater faciiities including any curb, gutters, grates and inlets, retention or detention
facilities, pipes, and drainage ditches.
[ ] Inigation ditches, pipeiines, and other easements'
i ] Url.rground and overhead utilities including water, sower, power, telephone, gas, and
septic tank locations
Water wells or potable water storage
Wastewater storage
Solid Waste Facilities
Exterior iight fixtures
Fencing, berms, walls and other screening devices or landscaping
Fire hydrant or water sourcs and capabiiity for fire control
Any natural features of note inciuding unusual topography, wetlands, flbodplains, or
vegetation.
Open space / recreational facilities
Any other proposed improvement related to the TLQ'
If muitiple sites, provide documentation that required spacing is met.
[ ] Statement of anticipated length of time TLQ will be needed'
[ ] Names addresses, zoning and land use of adjacent prOperty and mineral right owners wit]rin 2
miles.
[ ] Necessary County buiiding permits and inspections
[ ] Colorado Division of Housing approval on portable manufactured buildings (includes
skid mounted)
[ ] Building Permit on site built
[ ] County Road and Bridge Permits
[ ] Access Permit
[ ] Oversize, Overweight Permit
[ ] Utilities Instaliation Permit
[ ] Estimate of cgsts to construct the TLQ, broken down between materials and labor'
[ ] Site Security Pian - describe private security ifpianned'
Rio Blanco County Plaming and Development Depanment
317 Market Street (PO Box 599), Meeker' CO 8i641
officeg7o g7g g5g0 Far 970 878 9581 email nl:urningidco.ric.blanco.co.us
Page2
.luly 25. 2007
[ ] In- house medical and emergency medical services plan
[ ] Sign Pian - at a minimum must be sufficient to direct emergenc)/ responders and must identify
any special hazards
[ ] Transportation PIan - including anticipated traffic, type and voiume
I Vanpooling or bussing pian
I Parking Design and Policy
I Company Driving Rules
I Expected impact on established roads
I ESAL equivalent estimation
[ ] Storrnwater management plan
[ ] Cafeteria facilities - ifplanned, include necessary certificates and licenses. Include details for
food storage.
Water System
[ ] Hauiing of off-site potable water
t I Source and agreement with hauling company (must be CDPHE approved, supply
registration number and certification). Descnption inciuding number and volume of tanks,
demand caiculations, and frequency of deiivery.
[ ] On-site source - If well water is used by the TLQ, attach a copy of the appropriate well permit
or other legal water suppiy information and CDPIIE approval.
[ ] Plan for compliance with testing requirements.
Waste Water Systems
t I ISDS System (includes septic tank/leach field and individual package plant systems)
[ ] County Buiiding Depafiment Permit and Approval
OI
[ ] Community Wastewater Facility
[ ] Permit from CDPIIE (systems over 2000 gals must have CDPHE approval)
OI
[ ] Hauling Service - description including caiculation of demand, number and volume of vaults,
name and license number of the hauier, and disposal site. For Type 2 and 3 faciiities you must
show that:
t I ISDS not feasible due to site conditions
[ ] There is regular year-round access
Rio Blanco Counq'Planning and Development Depanment
3 l7 Market Street (PO Box 599), Meeker. CO 8l 641
Office 970 878 9580 Fax970 878 9581 email plannine(Aco.rio-blanco co.us
DA-A ?
July 25. 2007
A copy of the following should be submitted or be on fiIe with the county:
[ ] Company Drug and Alcohol PolicY
[ ] Company Firearms and Weapons Policy
[ ] House rules for the TLQ
[ ] Company Driving Rules
Rio Blanco County Planning and Development Department
317 Market Street (PO Box 599). Meeker. CO 81641
Office 970 878 9580 Fax 910 878 9581 email planning(g)co.riceblanco'co us
Page 5
.1u11,35. 2007
Exhibit A
Article X, Section 41.0, Ternporary Use Permits for Oil
4to.l AII drilling activities related to expioration and product)6r natural gas in
Rio Blanco County whether on Federally owned, Indian owned, State of Colorado owned
or privately o*o"d surface land require a Temporary Use Permit as follows:
A separate Temporary Use Permit must be obtained for each new well before
"o*-"n.r-ent of construction of the well pad. As to multi-well pads' a
TemporaryUsePermitmustbeobtainedforthefirstwel]before
cornmencement construction of the well pad. For each subsequent well on the
multi-well pad, a Temporary Use Permit must be obtained before
commencement of Ariiting. A Temporary Use Permit must be obtained for
each new well notwithsta-nding the fact such well may be part of a Special Use
License issued prior to the effective date of this Section 410 or issued
subsequently.
Temporary Use Permits issued pursuant'to this Section 470 are for a period of
six monthi. A six month extenslon of the Temporary Use Permit may be
obtained by application pursuant to Section225 LUR'
Section 470 are issued bY the
pursuant to an administrative review
All appiicable taxes and fees must be
be issued.
paid before a Tbmporary Use Permit can
All drilling activities rlust be conducted in accordance with all applicable
Federal, Siate of Colorado, and Rio Bianco County laws' rules' and
regulations and including atl required conditions of approval of the Temporary
Use Permit.
410.2 Application Proeess
A.
A.
Temporary Use Permits pursuant to this
Planning and Development Department
process.
A complete appiication for a Temporary Use Permit as required herein, must
be filed with ilie Rio Bianco Planning and Development Department no later
than thirty days prior to the date of estimated corlmencement of operations
with heavy equiPment.
Rio Blanco County Planning and Development DePaftment
317 E. Market Street (PO Box 599). Meeker' CO 81641
office9.708789580Fax970878958lemailoianning('crl.rio-blanco.co.us
June 25, 2007
Page I
RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT
County Courthouse
555 Main Street
Post Office. Box 599
Meeker, CO 81641
Application for Temporary Use Permit
Minor Temporary Living Quarters (Type 1)
Type I Temporary Living Quarters are designated as facilities for 24 or less persons contained
completely within a StatJ or Federaily ,"guL*q parcel (t::l * an approved COGCC well pad)
in which reclamation, restoration, and reiegetation are required by contract fF' application'
once complete and accompanied with ,rpp6rting documentation, wiil be used for the decision for
Administrative Approval of the tempor#y Use-Permit. Please allow 14 days before the
anticipated start of construction for processing'
[ ] Appiication for Temporary use Permit for well Pad (can be applied for con-cunentiy)
t I TUP APPlication Fee Paid
[ ] Impact Fee Paid
[ ] Statement of Need - include anticipated/desired starting date of construction and ien$h of
occupancy.
t I kgal description/ proof of ownership/ authority:
t ] If owner is other than applicant, letter of consent conveying authority to act on behalf
of the owner and contract with owner'
t I If on pubiic lands, documentation giving proof of legal authority to use the site'
(APProved APD)
[ ] Statement of anticipated number of occupants with time periods of higher and lower needs
enumerated
[ ] vicinity Map - a hardcopy and digital copy showing the relationship of the site to
surrounding properties, roads, curent surface'ownership and other developments on a USGS 7'5
minute series quad'
[ ] Site Plan, hardcopy and digital copy. This plan should show the following features as they
apply to the site:
I l Location, dimensions, and height of all buildings and other structures'
i j ffi;;,'i;#;g and vehicte maneuver areas, *.fu". type, number of spaces.
Pipelines and other easements.
Undergtound and overhead utitities including water, sewer, power, teiephone' gas'
[ ] Potable water storage
Rio Blanco County Plaruring and Development ?:pgT:"'
317 E. Market S-treet (PO Box 599)' Meeker' CO El64l
ofrrce9708789580For9708789.581emailPlannine@crl.ric'b]anctl.ctl.us
JulY 26. 2007
Wastewater storage
Exterior light fixtures
Solid Waste Facilities
Any natural features of note including unusual topography, wetlands, floodplains' or
vegetation.
I I eny other proposed improvements related to the TLQ'
[ ] TWe (s) of Buildings to be used
--" ^[ ] Recreational Vehicles (RVs) Number
i I luoau* Number
New
New
Used
Used
[ ] Emergency Response Map- showing detailed road access and mileage to the site from major
p"ui.."ias including gate information with lock combinarions.
[ ] Emergency Response lnformation - Provide niulle' address, and phone number' including 24
hour number of at least 2 persons responsible for emergency fieid operations'
[ ] Smoke Aiarm in each housing unit'
[]Singlestationcarbonmonoxidealarmineachhousingunit.
[ ] one or more approved extinguisher, ciass B or class C, in each housing unit'
[ ] Sign Pian - at a minimum must be sufficient to direct emergency responders and must
identify anY sPecial hazards'
[ ] Necessary County building permits and inspections
[ ] Ctlorado Division of Housing approval of buildings
t I CountY Building Permit
[ ] CountY Road and Bridge Permits
[ ] Access Permit
[ ] Oversize, Overweight Permit
[ ] Utilities lnstallation Permit
[ ] Anticipated traffic, type and volume
[ ] VanPooling or bussing PIan
i 1 E*p".ted impact on established roads
t I water system -source and agreement with hauiing company (must be GDPIIE approved'
ruppfy registration number and copy of the certification)
[]SewageandWastewatelsystem-descriptionincludingcalculationofdemand,numberand
volume of vaults, name and license number of the hauier, disposal site'
[ ] Stormwater Management Plan - if not already required by the permitting authority'
[ ] Reclamation Plan - if not already required by the permitting authority'
[]RevegetationPjan-ifnotaireadyrequiredbythepermittingauthority.
[]WeedControlPlan_addressinginterimandfinalweedabatement'
Rio Blanco Countv Planning and Development Department
317 E. Market Street (PO Box 599)' Meeker' CO 81641
Offrce970 878 9580 Fax 970 878 9581 email nlannins(Pcrr'rieblanco co'us
July 26.2007
A Copy of the following should be submined or be on file with the county:
I Company Drug and Alcohol PolicY
I Co-p*y Firearms and Weapons Policy
I House rules for the TLQ
I CompanY Driving Rules
Rio Blanco County Planning and Development Depanment
317 E. Market Street (PO -Box 599)' Meeker' CO 81641
Office 970 878 9580 Far 970 878 958.1 email nianningrPco rit>blancct co us
july 26, 2007
CoRDrInERAH
November 5,2007
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 wo^rklng group, I am providing comments on the subject regulations in
response to your "r"ir iJquu=ioateO Octo6"';;;:ib07. 'tnis w;rking group would like to request
aooroximately 30 minutes to present a detailed discussion of our comir6nts to the Board of County
iommissioners (BOCC) during the hearing on ftf orln.'u" r 19,2007 ' A summary of the comments is
provided below'
1. The oil and gas industry has been and continues to be in full agreement with Garfield county
on the following issues:
a. The need fir standards for temporary housing' r:-^ ...L^^ ^,,ah hn,cinb. The need for notification to tnl'bounly anO ot-her parties when such housing is
established.
c.TheneedfortheCountytobeabletoseekenforcementactionfornoncompliant
conditions'd. rne sianJards and process for larger' centralized, camps'
2. The primary areas where tne inoJsii, "o;;Ga from the county staff on the cunently
::"Tffiil",9,#ii;;:fi, permits and associated requirements for all housins appears to be
inconsistently applied to the oil and gas industry and will create significant practical and
fogist';ai;nirenb"s for both the industry and the County'
b. occupancy levels recommended by staif have an. arbitriry basis, are inconsistent
between the regulation. to, "iI[ ii.lritv tvp", and are confusing and will be difficult to
c. i}t|,L"f
'rr""esses
appried to different revers of occupancy have significant uncertainties
regarding the content "no
tir:rgliin"lw*rls tnit complicate planning and inhibit the
flexibility"that is required in the oil and gas industry'
we appreciate the continued efforts of you and other county staff in working toward a practical and
efficient set of regulations rur this housing ,"Jf ""r,
t"*rrd io continuing our discussions.regarding this
issue during the meeting on Novembe r 19,.2007. lf you have any quest'ions or require additional
information in the meaniime, please do not hesitate io contact me at 970-263-7800'
826 21% Rood
Grond Junction, CO 8.l505
l:970.263.7800
t;970.263.7 456
Cotditleton Complionce Services' lnc'
Grond Junction, CO ' Denver' CO
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Small Temporary Employee Housing Regulations
Zoning Besoluilon ot rsie as Amendeb, Section 5 O2''zsDHf;P
fff, ol 12 Beds, 7z of Which Can Be Occupied at
Any One Given Time)
Use by Right with Performance Standards
BEOUIRES AMENDMENT TO THE BUILDING CODE TO ALLOW BUILDING CODE
REvtEW By THE bnrer BUILDING ornCr* 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'
4z-1-102 (1ooj (b)l and/or recreational vehicles [as defined under C'R'S' 42-1-
102 (61), witn'tne'addition that suc.h truck, truck lrirctor, motor lorn9 or camper
trailer is being used for temporary living quarters and not recreationalp-urposesl,
may be utiliied for housing of *ottierb on.. plojects related.,to commercial'
industrial, mineraf extraction 6r nignway operations, p-ursuant'to..the standards for
Small Facilities contained in sub-Iection (21, betorlr Such facilities are subject to
a1 appticabte requirements of Ga61g[ C;r;ty. building and fire. codes (building
code, fire code), state and teoerat fermit5 and relevant fire protection district(s)
fire code requirements. '
small Facilities shall have all of ,the following basic characteristics:
A. The Small Facility',ahdt associated infrastructu.re must be
.orprLt"ry contained witnin a',6@ or feperally permitted parcel (such
,r I Cortrado Oit ailO OaS Consefvation Commission (COGCC)
upplVaat"iligas well pad) in which.ieclamation and revegetation are
seiUreO with,Ine p.rrittlng ugency (Permitted Site); and,
B. The Small Facility is locatei" at the Permitted Site for less than a
.",.-,,...ri'',Jdi'i",ot'6ne"1t)year and at the end of the utilization period' all-: ' infrastructure are comPletelY
,:,,::i ir:'|:' - Structures,:foundationb and associated
o'" rerrlov'ed; and,'r ,,,
.
.,.,,, ]1 , ''ii1.; , ri
,:-.::.; c. The s$arr on-site Temporary Employee Housing Facility shall
, ,,,." ;;;"r"il;v" tui or fewer beds of whlch a maximum of 7z of the
:i r::::]":L'i,,,,1-,-ploposed,,beds may be occupied at any given time to accommodate
*#;t"G; q;i|.u;iors or sub-contractors of the operator of the small
''il"iUt '"nO'"r" needed for onsite safety of the related commercial,
indu'strial, extraction or highway operation'
Temporaryemployeehousingfacilities.thatdonothavethethree
characteristics listed above, i.el, 1t)contains 71o24 beds or (2) contains
25 or more beds at any'one iime, (3) on location for more than a
cumulative of one (t) yeir; or (4) are not completely contained within a
p"rritt"O Site, are suOiect to the administrative permit requirements or
tne spetlat use review process, standards and requirements contained in
sectiln i.oz.zl (Major permit) or 5.02.22 (Minor Perlit) and the
entorcement provisions contained therein, and in section 9'01'06'
T:\dpesnichak\Land use 2OonText Amendments\Essential Personnel\Bocc 11-19-2007\DRAFT -
Sectio, 5-02-23 - Small Temporary Employee Housing'doc
Small FacilitY -
Page I 11t812007
Small Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5'0'z
'?3DffiS
(2) Submittal requirements for Small On-Site Facilities. Prior to submittal to the
Building Department for a Building Permit, the applicant shall submit all below
documents (witn e*ception to (A), -below) to th9 relevant fire protection district(s)
and the Gar-fieid Couniy Sheritf's'bffice. the following items shall be submitted at
thetimeofBuildingPermittotheBuildingDepartment:
A.Aform,providedbytheBuildingDepartmentandsignedbya
representative of the relevant fire piotection district(s) and/or Gadield
County: Sneritf's Office indicating that the respective otfice has
received all below document requiied in Section 5.02.23(2) and are of
adequate quality to per{orm the necessary functions of the respective
B. A form, provided by the Building Department, indicating the
anticifaied dates of instailation and removal of .!he 9r..1 on-site
Faciliiy and a representation of the total cumulative length of time
lnumOer of days) that the Small Facility will ber installed at the
ProPosed location.
c. A form, provided by the Building Department, indicating the name,
titf", "dOt.ss,
phone number and email address of the Operator's
employee or'other.authorized representative who is in charge of
ensurinq that the Sniall-On-Site Facility is in complianc-e with the
stanOarEs outtined in"'Cbction 5.02.29 ("Operator's Compliance
officei'). '",,-,. .'.' l'i
'.,-
D. A form,lr':provided o, ,il,-o;punr";i=rnd signed-by tle -operator's
Corpfi",Le,Officer, indicating that the Small On-Site Facility will be
iniirir"O in accordance with -alf applicable Garfield County, relevant
fire districl,
9,
tlt and f.ederal re9uIations'
';E' A {orm, pr,oy,ided ny tne Department and signed by the Operator's
: C"*pi#;e Officer, indicating that the Operator submits to the
,, enfoicement provisions identified within Section (1), above'
.,,, F. A copy of the permit from the state or federal agency, regulating the
i,' ',, p"iniift"J Site, identifying the location,. conditions of approval, time
', p"rtO for which tne permit is valid and the parameters for reclamation
and revegetation oi tne Small On-Site Facility once the state or
t"cieirf p[rmit for the Permitted Site has expired or is otherwise
terminated.
G. Site Plan: The Applicant shall submit an adequate site plan,
consistent with the requirements listed below:
i.Avicinitymapindicatingthesection,township,andrange
of the sirnleit lot and the location of Small Facility within
the subjeci lot and the Permitted Site; general relation to
surrounding public roads, private roads, adjacent utility
systems, r|sidential development, other actively permitted
T:\dpesnichak\Land Use 200nText Amendments\Essential Personnel\BOcc 11-19-2007\DRAFT -
Section 5-02-23 - Small Temporary Employee Housing'doc
PageZ 1U812007
zoninsnesorritliLli&T::x5TxJ:[:"':'1["ltF':8ilffi$
Small On-Site, Minor and Major Facilities' natural drainage
courses ano municiparities within one (1) mile of^the
ii"p"t"O Smatt iacitity; north arrow and scale; GPS
coordinates and currenf surlace ownership of tft.l lSlect
lot. The vicinity map snaff be presented on a USGS 7'5
minute series quadrangle at a scale of 1"=2000' or
equivalent, witn I topolripny depicted at a minimum of 40'
intervals.
ii. Surveyed layout of the proposed Small On-Site Facility
within tne surveyed boundaries"ol' the Permitted Site'
including at a minimum: sewage"and Wastewater disposal'
trash ,"."ptr"i..' potable -r er storage' atl. other
associated inttaJtrlctlre anO alt 'oJher equipment located
within the Permitt"O a't"-,
, ',,:.
iii. ldentification of the'rpiivate and public roa$ways,accesslng
each Small Facility-'Roadways shall be marked T 9p"n'
;ffi,';;lol'ioE6o (includg combinations). Detailed
directions, witn mitea$b,' shalt be oiven from the nearest
town within o",ti"rJ" county, ne-arest Gar{ield county
Sheriff's Oftice- Jis[atch loiation and responsible fire
Jiiiri.t headquarter-s to each'Small,On-Site Facility, along
each roadwaY.
iv.. Name, address and phone number of sudace owner of the
subject lot.
v. ffam", address and phone. number' including a 24-hour
," "r"nl"nty response number of at least two persons
' . , i"=pJnSiUie foi' Operato/s emergency field operations;
'iontact numOers for local hospitals' emergency resp^onse'
ffi';;il;iion oi'i'i'ts, Garrierd co1n,! s!"-1T:,:ff''"',., iit"lb"te rfignt, anJ applicabte regulatory .agencies; site
" " t"t"iv6u".rition plan; and any other written response
" il;;;; poi"nii"r emergencies at the Permitted site'
,;
vi. ldentification of the anticipated dates of installation and
removal of the smarr on-site Facility. The site plan shall
includeanotationofthetotalcumulativelengthoftime
inrro"|, "f d;;;) that the Small on-Site Facility will be
installed at the Permitted Site'
(s) EH?'iHl.'l#-5*tE;ffi''fii ' '
timeframestorrffin"ina""oCIancewiththebuilding':.1*^5-.l?:T3j*
shall be in accordance with the building code and the enforcement provisions
detailed in subsection (1), "oorl'
rn. S"mall Facility shall demonstrate or cefiify
compliance *itn tn" following standards at the time of building permit application:
T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\3occ 1L-19-2007\DRAFT -
i""tion 5-02-23 - Small Temporary Employee Housing'doc
Page 3 Iu812007
Small Temporary Employee Housing Regulations
Zoning Resolution of 19i8 as Amended, Section 5'02'23 (New)
DRAFT
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/-NIFPA 1 192 standards for recreational vehicles'
c. ln no case shall unsafe water be used for drinking nor shall- raw
sewage or contaminated water be discharged on the ground sudace'
The operator shall conduct monthly tests (or quarterly if an on-site
disinfection system is installed) and maintain reeords 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. 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 storedrat the Small Facility for operational or
security reasons must be managed in accordance with all applicable
federai, state and lgcal laws and regulations'
E. At least one thifty'iao)-:gatton (4 cubic feet) wildlife-proof refuse
container shall Oe',piOviOe-Q.,,lor each manufactured home or
recreational vehicle qnit. SaiA .container(s) must be durable,
washable, non-absorbenr metal or pla$tic with tight-fitting lids.
F. Retilse shalllbe disposed of weekly, at a minimum' Operators must
kb''ep: appropriate records, 'to.., be provided to the County or any
inte;est;; tlird party upon'.request, to demonstrate that refuse is
-.,,:; , coll€cted ln a timb'lyt-ashiorr'and disposed of at a licensed facility.
O. OutCbor food:storage is prohibited.
, H. Manuhiured home or recreational vehicle units equipped by lle.i,,l,"' ,rnrtu"inrer with a fire sprinkler system, fire detection System, and/or
.;..,,r alarm svstem shall be inspected, tested, and maintained in
accoroan'ce with 2oo3 IFC S901.4 and $901.6 and as required by lhe'idterant fire protection district(s)' Smoke alarms and manual fire
aflin systems shall be installed, inspected and maintained in all other
,inutattured home or recreational vehicle units in accordance with
2003 lnternational Fire code (lFc) s907.2.9 and s907.2.10 and the
requirements of the relevant fire protection districts'
l. Single-station carbon monoxide alarms shall be placed in each
manufactured home or recreational vehicle unit'
J. One (1) or more approved fire extinguisher(s) of a type suitable. for
flammable liquids,
'combustible materials and electrical fires (Class
ABC), or dry chemical, shall be located in each manufactured home or
T:\dpesnichak\Land Use 200nText Amendments\Essential Personnel\B()CC |I-19-2007\DRAFT -
Section 5-02-23 - Small Temporary Employee Housing'doc
Page 4 1t/8/200't
L.
Small Temporary Employee Housing Regulations
Zoning Resolution ol 1978 as Amended, Section s.oZ.zSoffi$
recreational vehicle unit and placed in accordance with applicable
codes.
Domestic animals are prohibited at all Small Facilities.
A water storage tank shall be required to provide water to the sprinkler
system and initial suppression activities. The size of the water tank
sirall be determined based on sprinkler calculations and initial
suppression demands. The size of the water storage tank shall be
deiermined by the relevant fire protection district or Sherritf's Office (if
not located within a fire protection district).
The operator Shall document all emergency.situations requiring action
by any government agency or fire protection district, in writing, and
such dotumentation shall be presented to the Building Department
and Garfield County Sheriff's Office'within 24 hours'of the occurrence.
All required Access Permits shall be obtained frgm- the GarJield
County Road and Bridge Department or the Colorado Department of
Transportation.
O. The Garfield County, Sheriff's Office. and relevant fire protection
district(s) shall be notitieO at least 24 !o.yl: prior to i.nstallation and
removal of each Srnall Facility, The Building Department shall be
copied on all such notif'rcationi,Whettrer hard copy or electronic.
p. The Opeiator shall maintiin ,""ords identifying workers, whether
employees or sub-contractors, and documenting the dates that each
*oit<ei is housed at the Small Facility. Such records shall be provided
to the Coulty or any additional third party upon request'
'' :O. :W""tewater DisPosal:: '' '
"i, i. ,Vault Systern: All vault systems shall be designed and installedr.i b ;;*';*oo"t. the maximum number of fiersons, identified
,, within the Building Permit application, who will inhabit the Small
", , , 53il1"Y;
"il1fl'"##L:iyX;l'j;:l:;l"ll,:
T:H,1#l i3'"" , ;;;;;;;rt.', minimum ot 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
T:\dpesnichak\Land Use 200nText Amendments\Essential Personnel\BOCC L1-19-2007\DRAFT -
Section 5-02-23 - Small Temporary Employee Housing.doc
K.
M.
N.
Page 5 11t8t2007
zoninsnesorLitiTiLli#'"::i5Hj?f "t:#"1Tf'?:ril:$
records, available to the County andior any other interested
third partY upon request'
d'lfthetotalwasteproductionfromafacilitywillbe2000
g"ilon, per day oi greater based on a production o1.,75
gallons of wastewatei generation.per person per day' then
in" i".ifity snatt ne serviceO by an |'SOS' Hauled sewage and
wastewater service shall noi be permitted for any facility
which will generat" alot"r of 2000 gallons of wastewater and
sewage Per daY'
'.'r. i'' :r'''
.:
ii.lndividualsewageDisposalsystern...{ISDS).lf.anlSDSis
proior"J, tf,"n '[ snati'ne designed, lnstalleO and operated to
accommodate the .uriru. nrrib'",. oJ pbrsons who will inhabit
the small Facility ano snari stnerwisi be pernritted and o.perated
inaccordancewiththeGar,fieldCountylsD!..iregulationsaSt";;;J; BbCc R .gso!,ution
Nurnber 1ee4H-136'
Theuse,"SmallOn-SiteTemporaryfmptoyee-6,ou-SinO^F3cilityinc-o19l19e.with
Section 5.02.2g' will be added u" " "uty'righffi lll" ! 9] Nl' 3'o2 A/R/RD' 3'03
RLSD, 3.04 RLUD, sloi RGSD':S,OO ncrjo,i'oi -cl-',-9r99
CG', 3'oe os' 3'10 RL',
gJi Fir\aH/G/uD, s.i2 ut,3.13 PA,'3'14 Dwc' 3'15 GPYV,o'
The use, during tirnei',of.housing shortage, of manufactured homes and/or recreational
vehicles as removail=#ffi;:";ilJil;, p"tioo of time not longer than one year' for
workers who are engaged'in,a comrnercial, industrial, mineral extraction or highway
operation,and who Jie',*"JeoL.riG toiJii"'prop"r execution and safety of the related
operation, including:
r'. S*rrr Facilities which may contain up to 12 beds of which a maximum of 7z of the
proposed #;; ;;;..rp1"J"i "nyiir"n
time on a "Permitted site", as defined
in section 2.02.421;"'
z. ilri,ifii"#fttiJ= *ni;n contain 7 - 24 beds on a "Permitted site", as defined in
section 2.02.421','
3. Major raciriiiJi which contai n 25 or more beds; or which contain a fewer number
of beds, but are not wholly to.rLJ on a "Permitted Site"; or which are planned to
be utilized toi a perloO of iime longer than.onejy^e^ar; or otheruvise 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 administrative
process or a public hearing process, ,nd"t the circumstances, standards and
requirements contained in-S'ections s.os.zt or 22lor 23lol this Zoning Resolution'
2.02.421 Permitted Site:
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S"ciion 5-02-23 - Small Temporary Employee Housing'doc
Definitions:
Page 6 t1l8/2007
zoninsResorritiTiililr*r"::i:T#J:'r:U:ffi Tl':8itl13!i
DRAFT
A parcel of land, generally a portion of a lot, as defined in section 2'02'92' designated
for a commercial, industrill, mineral extrrciion or highway operation for which a federal
or state permit is issueJ. io meet tne Jeiinition of-"permitied site", such permit must
grant the ,pprorui-oi th"
"pp'oprla.te
-;t'tt or federal "g"n^l l":.ll]?^^t".mmercial'
industrial, extraction or highway activit(i;)-a.nd must '"q'i-t"
the provision of security
i;ih. reclamation (including revegetation) of the site'
=iliil::i i:::)
lr:lt:i:,::rirl :':'
'!. i:i
1;l,r'..ir'i,
)iii
.ri"Jri .,
in r,rir;::Li:
:i.1'..
:i:::,'.""[i.,,,,
rt;'.
1-' - 1.:,,i ;, : ,
a' 1., ..
,::. t,, Jr .
".:",,lk;
:+iiil
n .,,r .,. ."'
., .,,'
ir;ri;,_
T:\dpesnichak\Land use 200nText Amendments\Essential Personnel\Bocc 11-19-2007\DRAFT -
;;;", 5'02'23 - Small Temporary Employee Housing'doc
PageT tU812007
:
Minor Temporary Employee Housing Regulations
Zoning Resolution ot 1978 as Amended, Section 5 02'22 (N^ew)
DRAFT
(Minor
Minor Permit - (Contain 7 lo 24 beds)
5.02.22 - Administrative Permit for Minor Temporary Em
Permit):
(1) Minor Temporary Employee Housing Facilitie_s,.in-the nature of manufactured
homes [as befined under'C.R.S. 42-i-102 (106) (b)] and/or recreational vehicles
[as defined under C.R.S. 42-1-102 (61;, witn the addition that such truck, truck
iractor, motor home or camper trailer is being used for temporary living quarters
and not recreational purposesl, may be granted land use approval for projects
related to commerciai, industr',at anb mineral extraction operations in any Zone
District by the Building and Planning Department Director (Director), through the
Minor Permit pro."ttl Such housing shall be of a temporary nature, and at the
expiration or other termination of thJMinor 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, fiie code), state and federal permits and relevant fire protection district(s)
Minor Permits shall have all of the following basic characteristics:
A. The Minor Temporary Employee Housing Facility and any associated
infrastructures i"Minoi Facili-ty(ies)") must be completely contained
within a state or federally peimitted parcel (such as a Colorado Oil
,nJ,Gr" Conservation Cbmmission (coccc) approved oil/gas well
pad)ilwhichreclamation.Tg.'","getationaresecuredwiththe
permitting agency (Permitted Site); and,
8..The Minor Facility is located at the Permitted Site for less than a
' curnulative ol one (1) Year; and,
, ,, C. The'Minor Faciliiy shall contain seven (7) to twenty-four (24) beds to
,, accommodate employees, contractors or sub-contractors of the
,r., operator of the sm'all iacility 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 abov", i.a., contain oJ 6 or fewer beds, on location for more than a
cumulative oi on" (1) year or not completely contained within a Permitted Site,
i.e. ,,Small Facility'' or
-"Major
Facilities", are subject to the special use review
process and standards and requirements contained in Section 5.02.21 or 5.02-23
and the enforcement provisions of section 12 and section 9.01.06.
(2) General Minor Permit Application Requirements: The Applicant shall submit an
application, on a form provided by the Building and Planning Department
(Department) and be issued a Minor Permit by the Director prior to commencing
installation of the Minor Facility'
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Section 5-02-22 - Minor Temporary Employee Housing.doc
Page I 1U8/2007
B.
A.
Minor Temporary Employee Housing Regulations
Zoning Resolution of 19i8 as Amended' Section 5'0'z 24$fS
Minor Permit and Area wide Development Plan (AWDP): Each Minor
Facifity application shall be reviewed by the Director and an
adminlstrative determination made, in accordance with the process
anO tim"tr"mes outlined in Section 5, below' The Applicant' however'
maychoosetoapplyforanAW.qPconsistingofmultipleMinor
Facilities to be deveio|eO within an identified amount of time, using an
accelerated administrative process, following lPProval.gf-"n AWDP'
G"Oing to multiple Minor Permits' Approval of an AWDP' however'
does not guarantee approval of each'Minor Permit. Administrative
;;i;* is rlquired for permitting of each Minor Facility, in accordance
with the process and timelines iontained in Se-olion 5, below'
.1 i:
ldentity of Applicant. The Applicant for a,,lr/linor Permitor for approval
oi "n
AWOp must be the owner of the surface estate of the subject lot
iO*nufl, consistent with Sectiol 9 .of this Zoning Resolution' lf a
i"pr.r"ntutive is acting on beha6,of th6'Owner, ah acknowledgement
from the Owner snati ue incluOed wiyr tne. appliCation submittals
1.elrireO by Section 4, b.lo*.,Such an acknowledgment rnaY be in the
form of a l-etter of authority/agehcy or a-lease, surface use agreement
or similar document of legal itfaCt idemonstrating that the Owner has
given the ,.upr"r.nt"tive permission' to use the surface estate for
installation of one Ji ,oi.'ftfinor faiitities and permission to process
;t;ii;;ti""s tor tano use and buitding iode permits on behalf of the
ownerls;.Therepresentativemayoethe.operatoroftheMinor
Faciliryiies) (Operaior), a landiuse planner, engineer' consultant or
";t ;-t'h ", tvpL bt authoiized rep resentative/agent'
C. public Notice: At the time of submittal of an application for a Minor
p;;it oi"-pp1or"t of an AWDP, the Applicant shall demonstrate that
notice was mailed to adjacent property owners within 200 feet of the
, "r;J";ii"i; "iioantified:in
the Garfieio county Assessor's Records;
, "
' , in.6*r"i'irnleis the owner is the Applicant and is not represented);
, anO S"prr"ied.mineral estate owners, as identified in the records of
,,, t#il;i"td County Cterk and Recorder. Public Notice shall include
'l,i,., ;;;";;ii;;7rrp ot the subjeci tot *it' proposed.l.ocatbn of Minor
,,. ,, ;;;liil(,;"i, #"erat description of the proposed Minor Facility(ies),
, "rpt"n"tion'
6t tf," reconsideration process, outlined in Section 6'
,b;i;,l''1' tnr iir"trame to request reconsideration of the Director's
debisionandcontactinformationfortheDepartment.
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'Amastermap/siteplaninaccordancewithSection4(H),below,
identifying the'proposed location and anticipated layout for all Minor
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Section 5-02-22 - Minor Temporary Employee Housing'doc
Page2 tU8/2007
Minor Temporary Employee Housing Regulations
Zoning Resolution of 19lg as Amended, Section s'o'z''ze$f;?
Facilities to be installed within the AWDP. Site specific, surveyed
maps aepicting 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 mapisite plan shall include a list of the anticipated dates
of installation and removal for each Minor Facility. The list shall also
inctuOe 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 iIl::l relevant fire
pr6tection district(s), and Gar{igld,, county, Building Department
consistent with Section 4 (A) and (B)' below'
D. A legible photo of the state or federal "certifying stamg'-.for each
nouiing unit anticipated to be used within the 'AWDP and
demonitration that each proposed unit meets current building code
and GarJield County fire code requirements'
E. A general description,.oJ infrastructure and services listed in Section 4
1ci- 1fy, n"io*. nreAetait required at,the time of application for a
Minor ir6imit is not required at ih" tlme of application for approval of
an AWDP. ' i,,;-, . '1'':l:,.'.,; r.r :.
F. Proof that required publ*;oticing has'been pedormed in accordance
with Section 2(C) above'
Assuminq' approval' of the 'AWDP' following the timeframe for
,n*"g,n"iJjr."ifii deraited in section 6 betow. The Applicant may proceed
..,.:::i,:::,:16,sq#it ;eilidual applications for the Minor Facilities proposed within
-ri' tn" Ail,pn, in aCcordance with the submittal requirements, standards,
,,,;1:,,,,,,,. "Oriniitiaii* review, process and timeframes and the reconsideration'' ' ,.,:'i11q, process andltimeframes, stated in Sections 4 - 7 , below.
t+l SuOmlilab for Minil' permit, including Minor Permit application for which an
AWDP @flru5lY aPProved:
A. Sign-offs: review from the Garfield county sheriff's office and
rei'evant fire protection district(s)' tf an AWDP was previously
upp'o,"oinaccordancewithSection(3),above,theApplicantfora
tviinor Permit need not resubmit the sign-offs'
B. Sign-off: review from the Gartield county Building Department of the
state or federal "certifying stamp" for each housing unit proposed for
use and demonstration tnat each proposed housing unit meets current
o,iroi.gcodeandfirecoderequirements.lfanAWDPhasbeen
pi"rio,i"fy approved which includes the Minor Facility presently being
permitted, the Applicant shall identify the housing units which will be
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Seciion 5-02-22 - Minor Temporary Employee Housing'doc
Page 3 1l18tzo07
Minor Temporary Employee Housing Regulaiions
Zoning Flesolution of t gla as Rt"nOeb' Section 5'02 2eH'fP
used at the Minor Facility from the list approved as apart of the
AWDP.
C.GeneraldescriptionoftheWaterSystemplannedforpotableWater,
along with details regarJing number and volume of potable water
tanks, source of water,;;; of hauler, hauler's colorado Department
of public Health "no
rnriionr"nt tcppHE) registration,number and
"opi J n"ri"f, CDpHi-certitication, 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 wastew"i"r,zrong wir, oetaits regarding number and
volume of sewage "no
*""t"*at6r vaults,'name of hauler, frequency
of pickup, identificatio" ;i .;;;ge disposat site, calculation.of sewage
and wastewater treatment deriand and demonstration of adequate
storage and/or treatmenicui"ity:"'-" '
'
E. A general description of ',[!1g' sYsie.r,Il,. planned for .collection and
dirior"i Lt
-rltrr",
"iong'''W#r
ietaili'legarding refuse collection'
including number, type a"nd voiume nf'Containers;. name oJ hauler;
tr"qirln;v'oJ "ori"tt''6n;
ano identifi of refuse disposal site.
ist of adjacent sudace owners witnin eoo feet of the subject lot (not
onii' tn"
-'p"iritt"o
,d,.), , as -
identified " ih the Garfield county
Assessor,s records, anJ "',tist
of separated mineral estate owners in
the subject lot, "r iOlntiti"O in'ifrer GarJield County Clerk and
O. Aitist of the final dates of installation and.removal of the Minor Facility
"nJ", r"sentation oiin"-iot"f cumulative length of time (number of
', ;;;=;i1.'Ii:in-a-rtrUuir".iiit, will be installed at the proposed location'
, ,,: consistent yyil6 .gectioni.or.or of this Zoning Resolution and the
"", , ., requirements listed below:
'r':,,
i.,', A vicinity map indicating the section, township, and range
". , ,' oi tn" riloi".i tot and tle location of Minor Facility within::' ;i"'ffj;;i[i "rJtn"Fermitted
Site; general relation to
,
r' ;;;t;;'J;g public. tg"d:, ptivate roads' adjacent utilitv
systems, rSsidential development, other actively permitted
Minor and-t/ajor Facilities, natural drainage courses and
municipalities witnin one (1) mile of the proposed Minor
Facility; *ttn arrow and scale; GPS coordinates and
current ',,tu.. ownership of the subject lot. .The vicinity
mapshall.o"-p'"'"ntedon.aUSGST.Sminuteseries
quadrangle_atascaleofl''=2000,orequivalent,witha
topograply depicted at a minimum of 5' intervals'
ii.SurveyedlayoutoftheproposedMinorFacilitywithinthe
T:\dpesnichak\Land use 200nText Amendments\Essential Personnel\BOCC 11-19-2007\DRAF| -
Se"tlon 5-02-22- Minor Temporary Employee Housing'doc
Page 4 t1181200'7
Minor Temporary Employee Housing Regulations
Zoning Resolution ot 1978 as Amendeb' Section s'02
'z|$le;/+
SurveyedboundariesofthePermittedSite,includingata
minimum: a"*"ga and wastewater disposal' trash
receptacles,_pota"blewaterStorage,allother.associated
infrastructure,andallotherequipmentlocatedwithinthe
Permitted Site'
iii.ldentificationoftheprivateandpublicroadways.accessing
each Minor Facility. Roadways shall be marked as open'
!rt"o, anoloi'-to6reo (include combinations). Detailed
directions, *itn ,it""ge, shall be given from- the nearest
town within Gartield County, neargst Gartield. County
Sheriff's Office dispatch loiation d1d lgsnonsible fire
district healquarters to each +inor Facility, along each
roadwaY. t' ., ..
iv. Name, address and phone number of 'surface owner of the
subject lot. ',, ,,.
.,
v. Name, address''-ahd.phone number' includin$ a 24-hour
emergency response,'number of at least two persons
Lspo"nsiote for' operator:s emergency field operations;
contact,numbers for local'hospitals, emergency response,
;;;;;;b.tion- districts, eart6td Coqntv sheriff's office'
Life/Care ifignt, and applicable,rigulatory.agencies; site
safety/evac,.oition plan; and any other Y.ltt?1..t"tponse
, . , pLn ior potential emergencies at the Permitted Site'
: , vi. ldentification of the final dates of installation and removal
.]oftheMinorFacility'Thesiteplanshal|include-anotation
i" ,, , ;iih; toiaLcumutatve length of time (number of days) that
' , . ine inor,Facility will be instatted at the Permitted Site.
... l' The name, title' address, phone number and email address of the
, : Op"rr[i;"'"*pi"vee' or'oir,"r. authorized representative who is in
charge of,lensuring that the Minor Facility is in compliance with the
standards,outlined in Section 5.02.22 ("operator's compliance office/')'
i. A ,form, provided by the Department -?ld signed by. the operator's
6"*ori".i* officer, inJicating'that the Minor Facility will be-installed in
u""olJ"n"" *iiti ,ir applicaSte Gadield county, relevant fire district,
state and federal regulations'
K.Aform,providedbytheDepartmentandsignedbythe.operator's
Complianceofficer,indicatingtha!theoperator.submitstothe
entoicement provisions identified within section (8), below.
L,AcopyofthepermitfromtheStateorfederalagency,regulatingthe
peiniif,eO Site,' identifying the location, conditions of approval' time
period for which the perm-it is valid and the parameters for reclamation
T:\dpesnichak\LandUse200nTextAmendments\EssentialPersonnel\BOcc11-19-2007\DRAFT-
Section 5-02-22- Minor Temporary Employee Housing'doc
Page 5 11.181200'1
zoninsResor#[":lixr"J:ii5Tfi""'.:"r::,''"1'3xr:Siil;frDRAFT
and revegetation of the Minor Facility once the state or federal permit
for the Pe-rmitted site has expired or is otherwise terminated'
(5) Timeframe of Review and Administrative Determination:
A. Upon submittal of an application for.a lVlinor Permit or for approval of
an AWDp to the oepahment, a technical compliance check shall be
.orft"t"d and notice of compliance or non-compliance sent to the
Appil;;1 by the Director *itin foufteen (14) calendar days of
submittal. once an apflication for a Minor Permit or AWDP is deemed
tecnnicarrycompliant,bytheDirector.,'theDirectorshallissuea
determination of
"ppr*'"t,-'upproval
wiih conditions or denial within
fJ;;;; (14) calendur o"v. fotiowing the date of technical compliance
determination. Unless othLnrvise provided herein, the expiration of any
time limitation imposed upon the Board of county commissioners' the
etanningCommission,ot"nyotherCountyls.Rresent',1?lshallbe
interpreleO as having consequence only in entitling alinterested party
to i"?r*ii luOiciat re-riei in the nature of mandamy---------------g. The expiration of
".y ;;;h time limitation shall,not, in and of itself, be considered as
,pirou"i or denial of any application, plan or plat under consideration.
B. lf the Director finds in reviewing an application that the application
,""i. thJ ;;"J;rds,se1,,tortn- in tnis..Zoning Resolution, the Director
snattapprovetheapplic..$olaMinorPermitandissue..theMinor
Permit to the Owner of'tnt Subiecl.lgt or ipprove the application for
aPProva!of an AWDP'
tne Oir"itor finds that iHe application does not meet an applicable
stanOarO or btandarJs, ihe.'.,application may be approved with
"#i"prit" r"rion"nr" tonditions imposed to avoid or minimize the
..,,,,, .,r.,,siil;iil;;i ;;;i1e irnpacts of the Minor Facility(ies)' Such conditions
r.,,,,., -' ,,,iltI.i6yr, include, but are'not necessarily limited to, the relocation or
ii,,j,: 'mtIilin""tion'bl.propored access roadi, facilities (including water and
, ,, 1i,,,':.-,, t;;$;iliti"t1,tot:structures; landscaping' buffering' or screening; or
' ir: any othgr,measures necessary to mitigate any significant impact on
'ii',,,,,.., suiroundingpropertiesand infrastructure'
"5.i 4 15" Diiector finds that the application does not meet an applicable"'$;;;r;;-; standarOs and'that the non-compliance cannot be
,itl6it"O through a condition(s) of approval, the Director shall deny
tne "Minor permit or application for approval of an AWDP.
(6) Reconsideration Hearing: Once the Director issues a determination on the
application the determinition shall not be final for fourteen (14) calendar days
after the date of the determination in order to allow time for the applicant,
adjacent ,;p"ny owners within 200' of the subject lot, the Owner(s), subject
lot separated hineral estate owners, and/or the Board of County
commissioners (BOCC) to reconsider the determination made by the Director'
The Director,s determination shall become final onty after the expiration of this
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Section 5-02-22 - Minor Temporary Employee Housing'doc
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zoninsnesor#ff :liy.":E5lfi""'.:".!"1i"'lTff 8irufr
DFIAFT
fourteen (14) calendar day period, and only if the determination is not reviewed
and acted upon by the BOCC at a subsequent reconsideration hearing.
A. Request by Applicant or Adjacent Property Owner for Reconsideration
of Decision.
i. Written Request. The Applicant (and the Owner, if the Owner is
represented as detailed in (2xB), above), an adjacent property
owner within 200' of the subject lot, aggrieved by the Director's
decision may request reconsideration by the Bocc by means of a
written requbst tiled witn the Department within the fourteen (14)
day period of time.
ii. Schedule Public Hearing. A public hearing by the BOCC shall be
held at the next available BOCC's regularly scheduled meeting date
in which all required prior ,'public noticing', can take place
(Reconsideration Hearing).
iii. Notice by Publication. At least thirly (30) calendar days prior to the
date of the scheduled Reconsideration Hearing, the aggrieved pafi
shall have published a notice of,.public hearing in a newspaper of
general circulation in the area in which the proposed Minor Facility
iv. Notice to Adjacent Property Owners. At least thirty (30) calendar
days pr:ior to the date of the scheduled Reconsideration Hearing, the
aggrlevea party shall send by certified mail, return receipt
x::;':i'"ilJjH:.iTlffi ""#T*[;'[:J??fl"',:Jlilff
'ilJ
notice shall include a vicinity map, the legal description of the
subject lot, a short nanative describing the Minor Facility or AWDP,: and- an announcement of the date, time and location of the
scheduled Reconsideration Hearing'
i',,, v...aO!C 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
;"":fi i;:T,,"f;'iSi"hlfi T,i'HJ,',;ilil'::?,:il::i'."TiJ'q,yiHJ
Resolution and, specifically, Section 5'O2-22.
B. Call-up by Board. Within foufteen (14) calendar days of the date of
receipt oi 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 BOCG shall consider the call-up request, by one
or more commissioners, at the next regular meeting of the Bocc
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zoninsResor#H:l;yr":x'^5Tfi""'.:i::#Tr':!tg}g
andSetapublichearingbyamajorityvoteoftheBoCCinfavorof
the Reconsideration Hearing'
ii. Notice by publication. At least thirty (30) calendar days prior to the
date of the schedur"i'n".onriderition Hearing befgrq the. Bocc,
the Director shail hr;; il;iirn"o " notice of public hearing in a
newspaper of generailii"rdtion in the area in which the proposed
Minoi FacilitY or AWDP is located'
iii.NoticetoAdjacentPropertyow1grl.lrtleastthirty(30)calendar
dayspriortotheo"t.oiin'dcheduledReconside'"li?nry?Iing,the
Directorshallsendov."'titi"omail,rqturnreceipt.requested,a
written notice of the;r;i;;;ring t=o.rthe owners of record of all
adjacent property *it[* zoo' of t[e''' tuu14t lot. The notice shall
include a vicinity |11"plin"Ggal descrlf'tion of the ?YPi:* lot' a short
narrative describing
'tn"-"rt/linar,, Pe.rmit or," AWDP, and an
announcement of tnr J"tu-::tlme ano location o{',the scheduled
Reconsideration Hearin$,,'",;., -",..
iv. Decision by BOCC. rne aoce,lnait conduct the Reconsideration
Hearing and, based 'pln tf'" "ii "9
received at the hearing' the
Board may upholo tn!-oir"ctor's deeision, modify the decision or
reverse the decision"i,Lr"Jupon gompli,ance of the. p.roposed Minor
Facility or AWDP ;ith-th; iegulationS ntained in this Zoning
nesotution and' specifically' Section 5''O2'22'
(7)TheMinorFacitityshalladheretothefollowingMinorPermitstandards:
A. ,Minor Facilities must comply with all applicable federal, state and local
laws and regulations
.B.operatormustkeepandmaintainappropriaterecords,tobeprovided
to the county, or "nv int"r"steo tniro party upon .request, to
,, ', i".ronrtr"te that pot;i; *"t"r supplied and sewage and wastewater
,,, meet the,representati;;, rontrin"b within the application, as required
'",',' by Section 4(C) and (D) above'
'C-th
no case :iLlly:'f" water be used for drinking nor shall raw
sewage or contamtn#J *"t"r be discharged on the ground sudace'
The operator shall "onJr"t
monthly tests- (or quarterly if an on-site
disinfection system i.l*t"ffLJl-anO haintain records of stored potable
water samples specitic ioi coli form bacteria. Any tests indicating coli
form contamination ,J"iO" disclosed to the OartietO County Board of
Health or designe" *itn,n 12 houtt from the time the contaminated
water was tested'
D.MinorFacilitiesshallbemaintainedinaclean,safeandsanitary
condition,freeot*.,o,andrefuse.Anyhazardousornoxious
materials that must ;;t;J at the Minor Facility for operational or
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i""iion 5_02_22_ Minor Temporary Employee Housing.doc
Page 8 1u8l2w7
F.
E.
G.
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1918 as Amended' Section s'02 2A$f;?
security reasons must be managed in accordance with all applicable
federa[ state and local laws and regulations'
At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse
container shall Oe
'proviOeO for each manufactured home or
recreational vehicle unit. Said container(s) must be durable'
washable, non-absorbent metal or plastic with tight-fitting lids.
Refuse shall be disposed of weekly, at a minimum' Operators must
keep appropriate records, to be provided to the County or any
interested third party upon requesi, to dernonstrate that refuse is
cottecteO in a timely fishion and disposed of at a licensed facility'
outdoor food storage is prohibited unless facitities.that prevent the
attraction of animalJto the Minor Facility are provided.
Manufactured home or recreational vehicle units equipped by lle
manufacturer with a fire sprinkler system, fire detection system, and/or
;i;il system shall b; inspecied, tested, and maintained in
accordance with 2003 IFC SgOi.4,and 5901.6 and as required by the
relevant fire protection diJtrict(s). Smoke alarms and manual fire
"rui, systems shall be installed, inspecled and.maintained in all other
manufactured homelirrrrecreational vehicle units in accordance with
2003 lnternational nre code (lFC) s907.2.9 and s907.2.10 and the
requirements of the relevant fire rPptecliPn districts'
H.
l. single-station carbon monoxide .alarms shall be placed in each
maiufactuied home or reireational vehicle unit'
J. one'(,t) or more approved fiie extinguisher(s) of a lvlf :"1,1"?F,j:lOne'(1). or more approved fire extingulsher(s) oT a rype surlaure rul
l",n.irbre liluids, rcombustible materials and electrical fires {Class
''ABC), or dry chemical, shall be locatet
;i;;tr"ii venicte unit and placed in accordance with applicable
!i=
rnhabit# of the Minor Facility shall be Applicant's e.mployees and/or
subcontractors, working on ihe related commercial, industrial or
*in"i"irl,,ertr".iion ope-ration, and not dependents of employees,
'$lesl$ or other familY members.
within 10 days following the expiration or other termination of the
Minor permit o, ,epr"s6nted date of removal identified within the
Mino1. permit, all housing structures, foundations and associated
infrastructure shall be c-ompletely removed. The operator shall
prouiO"theDepafimentwithphotos,datedandsignedbythe
bferators Compliance officer, indicating that all housing structures,
foundations and associated infrastructure has been removed within
the specified timeframe'
No domestic animals are allowed at a Minor Facility'M.
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N.
Minor Temporary Employee Housing Regulations
Zoning Resolution ol 1918 as Amended, Section 5'02'22 (New)
DBAFT
A water storage tank shall be required to provide wate-r t9 the sprinkler
system and i;itial suppression activities. The size of the water tank
s'hall be determined based on sprinkler calculations and initial
suppression demands. The size of the water storage tank shall be
deiermined by the relevant fire protection district. lf the Minor Facility
is located outside the boundaries of a fire protection district, than
Each Minor Facility shatl have at least one (1) watgr s-torage tank with
a minimum of 25OO gallons of stored water for initial fire suppression,
operation of sprinkl-er systems (if applicable) and wild land fire
piotection. ,r.',,.,i,,
'.t l:'
All emergency situations requiring actio-n,:b any government agency
oifir" pr5tection district shali be dbcumentediifr writing--and presented
to the i,lanning Department and Garfield Couhty',Sheriff's Office within
24 hours of the occurrence
All required Access Permits,shall be obtained frorn the Garfield
county Road and Bridge Department or the colorado Department of
Transpofiation.
The Garfield County Sheriff's Office' and relevant fire protection
district(s) must be notitieO at least 24 hOurs.prio.r to.installation and
removal of each Minsr Facility. The Department shall be copied on all
such notification, whether hard copy or electronic'
The oper:ator shall maintain records identifying workers, whether
employ'ees or sub-contractors, and documenting the dates that each
*oif."i is housed at the Minor Facility. Such records shall be provided
to the County'or any additionalthird 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
i";iiity. tn addition, att vautt systems shall be equipped with an
: overJlow alarm device. Vault systems shall be designed to
I , 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:
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 logsTreports and landfill receipts as public
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Section 5-02-22 - Minor Temporary Employee Housing.doc
o.
P.
o.
S.
Page 10 1v8/2007
A.
B.
Minor Temporary Employee Housing negytglionl
Zoning Resoluilon ot f siA at h'enOe-O' Section 5'02 'z?ffi*
records,availabletotheCountyand/oranyotherinterested
third PartY uPon request'
d.tfthetotalwasteproductionfromafacilitywillbe2000
gallons put OrV- or greater based on a production ol 75
gallons of wastewatei generation per person per day' then
the facirity;i;tiL; servLeo by an t'sos. Hauled sewage and
Wastewaterserviceshallnotbepermittedfor.anyfacility
which wirr geiliate
"1ot"t
of 2000 gallons of wastewater and
...:: .
ii. lndividual Sewage Disposal Systern" flSDS): lf .
an ISDS is
proposed or n"]-b;;'Lpfror6t; then,,it shall be designed,
installed and operated to accominolate the.]rnaximum number o{
persons wno wiri-inr,"uii tn" rr/linor Facility and shall otherwise be
operated in ,.totJrn.. with':the Gar{ield C:yll,'J??P regulations
as contained in BOCC Rbsolution Number 1994H-136' '
if'ii""-=iiir:iiifu.'rjlii;} !.:.+li+.,i'?
(8) Enforcement:
iw.-
C.
;tliiliirf
".ii:,.,ri1r",
'ltil;ltr+'
Procedures: Violations of Section 5'A?'22.are subject,to Section 12
and section g.01.06'ot-tni, Zoning Resolulion and the procedures
contained in this Section (8)' ,, .,,
lnspection:TheBoCCreseruestnerighttoinspectanyMinorFacility,
including structures and inf rastruclure and any other related
il;;&"-r"nts, aniLr iequireo documentation related to the Minor
Facility, through its authorlzed representative(s), to determine if such
are in comptian"" *itt., tni' Zoning Resolution and, specifically,
in": rriroing cooi and fire code; and specific
.,.35f1[.[.3 ift 33'r;;"r p e rm it.-such autho rized representative (s) m av
#iiffii;Dt';y"i;s under the county ISDS regulations (adopted bv
BOCc,,,Resolution tg9+l-{-f 36). Any oitlciat performing an inspection
shall abide by all raws of seaich and seizure, as set forlh by federal
]nj ;;i;'tiitri"rv *J constitutionat provisions, in accessing the
. M;ilF;;itity, the i"irltt"o site and the subject lot. Visits to a Minor
,':Facility.l.byafireptol".tiondistrictortheGartieldCountySheriff'slOfi,icevitibe reported to the Director'
:
P6rmit Revocation: All enforcement actions run with Minor Permits for
individual Minor Facilities and are not applied^to AWDP,s- lf it is found,
consistent witn tne pro..Jri. identified in Section 9.01'06, that the
plrritt"o Minor rr.iity was not installed in conformance with or is out
of conforman." *itn' "ry of the standards established in this
Resolution, appticaote urirding and/or fire codes or specific conditions
of the Minor p"rrit, inl-rrrrino"r permit may be suspended or revoked
[V
-tn"
AOCC. The gOCC may also suipend or revoke the Minor
Permituponnotic"t.,"'t"t"orfederalagencyor.a.fireprotection
district that said "g";.y or district has determined that the Minor
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Section 5-02-22 - Minor Temporary Employee Housing'doc
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zoninsnes,#ff :li#r"::i5Tfi:'r:1H'1"'lTf'l3{il^:fr
DRAFT
Facility is out of compliance with that agency's or district's.regulations'
lf a Minor permit is revoked, the previously permitted Minor Facility
snat be immediately vacated and any installed .structures and
infrastructure shall be removed within the fourteen (1a) calendar days
totiowing the date of revocation. Proof of removal shall be provided to
tnl-guifiing and Planning Deparlment by 5:00 PM ol the fourteenth
(14) calen-dar day. suin 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 shallbe processed as a new application'
E. Liability: owner of the subject lot and .the operatgl of -the
Minor
raclrity are each individually resp-onsible for compliance with the
1."grtriion" contained in thil Zoning Resolution and, specifically,
settion 5.02.22.
F.Three(3)RevokedPermits:Upo!revocationof.three.(3)-yil8i
permits, in" grilding and Planning Director shall refer the foutth (4"')
"nJ "ff
irtrre Minor-Permit applications by the offending Operator to
tne BOCC' The BOCC shall review such applications as.a.request for
"
-Sp".iuf Use fe it, in accordance with the Major Facility
r"gr[ii;ni contai ned ;in SectiSn. 5.02.21 of this Zoning Resolution'
G. The offending Operatoi',may be alloWbd to submit future applications
toi- r,ainar.,pErmits for ibview and .approval by the administrative
p.,o*"'cohtainedinSection_5.02...22,ratherthanreviewin,"U;;;;Wtin 1," Speciil Use Permit process contained in Section
S.07.21,; ,poh, the,,written ibquest of the Operator and only at the
, ,, '' iiBPC'S sgle discretion'
The usei'"Mino,, f",npit"f, irOfoy"^" Housrng-Facility (Subject to review and approval
p"ipffiboure and *irliilir"tts'_of ,Sbctions.6z.zz1" will be added as a use by right in
in" i'oi'* ' 3'02 A/diC'Dji3'os ry-!.g.' 3'04 RLUD, 3 95 RGSD' 3'06 RGUD' 3'07 cL'
i.og CC, s,O,g"OS, i.'r"o ni;=C.rr nyrrrrHlO/UD,3.12L,,3.13 PA,3.14 DWC,3'15 CDWC
The use, during times of housing shortage, of manufactured homes and/or recreational
vehicles as removaOL norsing,-utilized ior a period of time not longer than one year, for
workers who are engaged in icommercial, industrial, mineral extraction or highway
op"rrtion and who a"re"needed onsite for the proper execution and safety of the related
operation, including:
1. Small Facilities which may contain up to 12 beds of which a maximum olYz ol the
proposed beds are occupied at any given time on a "Permitted Site", as defined
in section 2.02.421;
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zo n i n s n eso r #ffi Iiffi"Xi;H.:[: ". *li'lT &:# AU[;
DRAFT
Minor Facilities which contain 7 - 24 beds on a "Permitted site", as defined in
section 2.02.421;
Major Facilities which contain 25 or more beds; or which contain a fewer number
of beds, but are not wholly located on a "Permitted site"; or which are planned to
be utilized for a period of time longer than one-year; or otherwise meet the
requirements of Section 5.02.21 and Section 5.02.22.
Such facilities are subject to land use approval by means of either an administrative
process or a public hearing process, under the circumstances, standards and
requirements contained in Sections 5.05.21 or 22lor 23)ot this Zoning Flesotution.
2.
3.
2.02.421 Permitted Site:
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Section 5-02-22 - Minor Temporary Employee Housing.doc
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 f,ederal
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.
Page 13 t1/8/2007
Major Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5'02'21
DRAFT
Major Permit - (Contain 25 or more beds)
S.OZ.21 Special Use Permits for Major Temporary Employee Housing Facilities ("Major
Permif'):
(1) At times of severe housing shortage, extremely remote locations or other
emergency conditions, special use permits for Major Temporary Employee
Housing Facilities in the nature of manufactured homes [as defined under C.R.S.
42-1-1oiz lroo; (b)l and/or recreational vehicles [as defined under C'R.S' 42-1-
102 (61), with tlre addition that such truck, truck tractor, motor hgme.or camper
trailer is being used for temporary living quarters and not recreational purposesl
may be gr"it"O for projects within Garfield County related to. commercial,
industrial, mineral extraction or highway operations of substantial size in any
zone district by the County Commissioners through the .special use permit
process. Such 'housing shali be of a tempoqgry nature- At the expiration of the
permit, the lands shall be restored and all'housing structures and associated
infrastructure shall be removed. Review'of the permit shall be subject to $9.03
and gS.03 of the Gar{ield County Zoning ;Regulations of '1978_ as Amended' All
Spec'ial Use Permits for Centralized Employe-e 'Housing/Major Temporary
Employee Housing Facilities is subject to all:applicable building code, state and
federal permit req-uire*"nts, fire protection district leqY.llgmeTts.,and fire code
requirements. Major Temporary,Employee Housing,Facilities shall have at least
one of the following basic characteris,*.i,,., ','' '
A. The Major TempOrary ,Emplo/ee Housing Facilities or any
associated infrastructure (including ISDS) ("Major Facility(ies)) is
not completely contained within a state or Federally regulated
,, ,:parcel (such- as a Colorado Oil and Gas Conseruation
bommission (COGCC)r'approved oiligas well pad) in which
,- ..: ::, :"""Jl1o1'fil.,ilq;J,il'it;"Ji;J.#Tl"t'
are suaranteed bv
' ,'i,i:: moiethan a cumulative of one (1) year; or'
',,,,,,,, C. TheMajor Facility shall contain twenty five (25) beds or more to'' ,',,,, accommodate employees, contractors or sub-contractors of the
..,,,; opeiotor of the small facility and are needed for onsite safety of
.'lhe related commercial, industrial, extraction or highway operation.
(2) Temporary Employee Housing Facilities containing 24 or fewer beds at any one' ' given time, will be on location for less than a cumulative of one (1) year and are
[ompletely contained within a state or federally permitted parcel (i'e. "Minor
Facilities" or "Small Facility'') are subject to the administrative review process and
standards contained in Section 5.02.22 and Section 5.02.23 and the enforcement
provisions of Section 12 and Section 9.01 .06.
(3) Special Use Permits for Major Facilities: The applicant shall submit an adequate' ' site plan, consistent with Section 9.01.01 and including proposed water supply,
David Pesnichak Page I r11812007
,".,"S?;'J,,],i#T'?y,5T5'iLx""HJ,'!"1fff 'd!'l?;
DRAFT
proposed method of sewage treatment and names and addresses of adjacent
propefty owners.
(A) Water and wastewater systems proposed to service Major Facilities must
comply with all applicable
-state
and local laws and regulations. ln addition, all
."*ig" must be disposed of on-site using an lndividual Sewage Disposal
System (ISDS) unless the applicant can prove:
1. That, at the discretion of the Garfield county Board of Health, an
lsDS system is not feasible due to environmental, topographic or
engineering conditions where the temporary housing is to be located;
2. That, at the discretion of the Garfield county Board of Health, year-
round access is available and maintaihed for safe and regular access
for sewage hauling vehicles. ln addition, the following conditions must
be met:
a.Theapplicantmustdemonstrateandguaranteean
arrangement for hauling sewage; and
b. The Jpplicant must maintain all records including but not
limited to trip logs/reports'and landfill receipts; and
c. All sewage dis[osai records must be maintained as public
records [o be'available to the ,Coufry andior any other
interested third party upon requesti sp6
d. The temporary houiing:must.not exceed a cumulative of one
(1) year at an approved loiation; and,
€,, if,e." facilities shall be designed .to accommodate 75
gallons of wastewater per person per day'
production from a facility will be 2000f. lf the total waste
gallonsperdayorgreaterbasedonaproductionof.T5
[allons of wast-ewatei generation per person per day, then
. ;"r. ': ,' ff"8*',:'y":'^9Jff"#';fri:l il 83,* X# ?S,':ff?ff,[i
1 ,, ' ,,,rsewrn"Per daY'
(B) For,sites where potable water is hauled to and wastewater is hauled out,' ' applicants mustrkeep appropriate records, to be provided to the County upon
redueSit de-monstrate that water supplied to a site is from an approved
source andlthat wastewater is disposed of at an approved facility' For water
facilities :hot permitted by the Colorado Department of Health and
Environment liOeHf), 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 musi be disclosed to the Garfield County Board of Health or
designee. Water systems permitted by the Colorado Department of Health
and Environment (bOnpf) must obtain all necessary state permits prior to
the scheduling of a Speciai Use Permit for a Major Permit public hearing and
maintain continuous conformance to state regulations at all times during
operation of the Major FacilitY'
David Pesnichak Page2 t1t8tz007
Major Temporary Employee Housing Regulations
Zoning Besolution of 1978 as Amended, Section 5'02'21
(C) ln no case shall unsafe water be used for drinking nor shall raw sewage or
contaminated water be discharged on the ground sudace'
(D) Special Use Permits for Major Facilities must be related to one or more
commercial, industrial, mineral extraction or highway operation locations and
shall be limited to a spacing of at least one (1) mile between Major Facilities,
regardless of land ownership or operator. Special Use Permits for Major
tJnporary Employee Housing Facilities for oil and gas extraction purposes in
the Resource Lands (RL) zoning district may be exempted by the BOCC from
the one mile spacing it tne operator can prove that the housing structures and
all supporting infrasiructure will be contained within the Colorado Oil a.nd Gas
Commission (COGCC) approved well pad and there will be no new additional
land disturbance outside of the COGCC approved well pad area' lf the
applicant is applying for a Special Use Perrnit for Major Facilities on an
approved COGCC well pad, the applicant must provide the relevant approved
AeO p"rrit indicating housing location(s) along with the application for a
Special Use Permit for Major Facilities. '
(4) The maximum allowable time length, of the Special Use Permit for .Major
Temporary Employee Housing Facilities islone (1) year For good cause shown,
the permii may be renewed annually in a public meeting with notice by agenda
only. Annual renewal review shall be based on the standards herein as well as all
conditions of the permit. A per:mit may be revoked anytime. through a public
hearing called up by staff or the 'Board o1 County Commissioners' By, way of
e*amp]e and noi limitation, continued non-availability of a permanent housing
inveniory or the nature of the construclion dr,extraction project may constitute
"good cause" for,renewrl T!" 'appticant I.nu"t,.provide an estimated total
c-umulative length of tim:e the Major Facility(ies) will be at the proposed location
along with a'. statement of intentions to request renewal past the one year
expifution date as part of the Special USd Permit for Major Facilities application.
Failure to provide a staterndnt :of intention for renewal will prohibit the Special
Ur" f;*iItor a lVtaloi Facility(ies),fiom future renewal consideration.
(5) Temporary housing shall:be,located at a site authorized by the Board of Countyt '' Commissioners and.identified on the relevant site plan submitted with the Special
Use,.Permit for a Major Facility(ies). lnhabitants of the Major Facility shall be
appliCanl's employees and/or subcontractors, working on the related construction
oi mineral' extraction operation, and not dependents of employees, guests or
other family members.
t(6) Major Facilities shall be maintained in a clean, safe and sanitary condition, free' '
of weeds and refuse. Any hazardous or noxious materials that must be stored on
site for operational or seturity reasons must be managed in accordance with all
applicable federal, state and local laws and regulations.
(A) Fire Protection; General Requirements:
i. Provisions shall be made for giving alarm in case of fire. lt shall be the
responsibility of the duly authorized attendant or caretaker to inform all
employees about means for summoning fire apparatus, sheriff's office
and resident employees. All fires are subject to $307 of the 2003
David Pesnichak Page 3 1u812007
,"^,
"
SilJ,,l,:"T t??y,5:3 i[?HJ:[i.fff ,Jx]T:
DRAFT
lnternational Fire Code (lFC) including but not limited to permits,
attendance, open fires, coal grills, fire bans and bon fires. one (1) or
more approved extinguishers of a type suitable for flammable liquid,
combusti'ble materials or electrical fires (Class A, Class B and Class C),
or dry chemical, shall be located in an open station so that it will not be
necessary to travel more than one hundred (100) feet to. reach the
nearest extinguisher. A water storage tank shall be required to provide
water to the jprinkler system and initial suppression activities. The size of
the water tank shall be determined based on sprinkler calculations and
initial suPPression demands'
ii. Manufactured home or recreational vehicle units equipped by the
manufacturer with a fire sprinkler system, fire detection system, and/or
alarm system shall be inspected, tested, and rnaintained 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
recreationat vehicle units in accordance with 2003 lnternationalFire Code
(lFC) 5907.2.9 and 5907.2.10:and the requirements of the relevant fire
protection districts.
iii. Single-station carbon monoxide alarms shall be placed in each
manufactured home or recreational vehicle unit.
(B) Wildlife-proof refuse containers must be provided for trash. At least one thifty
(gO) galion (4 cubic feet) containerrshall be provided for each unit or the
equiv-alent in a bentral trash collection facility. ,Said container(s) must be
durable, washable, non-absorbent metal or plastic with tight-fitting lids.
Refuse shalt Oe disposed on not less than once weekly'
(C) Outdoor food storage isiprohibited unless facilities that prevent the attraction
of,anirnals to the Major Facility(ies) site are provided'
,
-(D) The applHnt shall provjde a detailed map and GPS coordinates to the, "!. . Curfi"tO'CounfiS6eriff's Office and the relevant Fire Protection District which
"'l,i$.-:sufficient for emergency response purposes, including location of the
Major Temporiry Employee Housing Facilities site; private and public
roadWays accesiing the site, marked as open, gated and/or locked; and
detaile'd,directions to tne site from a major public right-of-way. The map is
subject to;afproval by the Garfield County Sheriff's Office and relevant Fire
Protection'District.
(7) lf structures, requiring Building Permits under the Gadield County Building Code,
are constructed foi the commercial, industrial, highway project or mineral
extraction operation related to the Special Use Permit for Major Facilities upon
expiration or revocation of the permit Certificates of Occupancy for such
structures shall be withheld until the temporary living quarters are removed and
the site is restored to the satisfaction of the County Building and Planning
Director.
David Pesnichak Page 4 11t8/2007
,"","S?."J,,',ifl xT?y,5Tllffi HJ:Ii.fff :'11'!i
DRAFT
(g) lf a Special Use Permit for Major Facilities is'granted, the Applicant shall notify
the county when site development begins. The applicant shall verify in writing, by
site plan and through phoio documentation that the site, water system, and
sewage disposal syJtem were designed, installed and inspected in accordance
with the said special use permit ind comply with all applicable regulations,
permits, and conditions. All written documentation and site plans verifying
compliance must be stamped by a certified Colorado Engineer. The county also
reserves the right to inspect a site, without notice, to assess compliance with the
Special Use P6rmit for Major Facilities. A determination of noncompliance with
any Special Use Permit for Major Temporary Employee Housing Facilities, or
conOition approval thereof, is grounds for revocation ,or suspension of said
permit, in accordance with Section 59.01.06.
,r
(9) lf there is suitable permanent housing inventory. dVrilrOl" in. an area near the
commercial, industiial, highway project or mlneral extraction operation, as
determined at the discretion of tne BOCC, :the Special Use.Permit for Major
Temporary Employee Housing Facilities shall not be granted' t,
,.-
(1g)No animals shall be allowed at Major.Temporary Employee Housing.,Facilities on
Location sites.
(1 1) ln evaluating a request for a Special Use Permit for Major Temporary. Employee
Housing Fajilities, the County Commissioners may require compliance with
additional conditions of approval as may be needed to ensure the health, safety
(12)The applicant shall,submit as part of the SpecialUse Permit for Major Temporary' 'Empl6yee HouSing F.acilities, a. reclamation and_revegetation plan for each
specifi| site iddressing ilt points in section eleven (1 1) within this 55.02'21.
a. Debris and waiie mateiials, including, but not limited to structures, concrete,
footihgs'; sewage disposal systems and related infrastructure, water storage
.,and r5faiaO dis-tribution infrastructure, roads, and other sand, plastic, gravel,
,,, ,'' pipe and cable shall be removed. All pits, cellars, and other holes will be
..'''' .:'Lackfilled as soon as possible after all equipment is removed to conform to
'',suppunding terrain. All access roads to the site and associated facilities shall
be.dosed,-graOed and recontoured. Culverts and any other obstructions that
were fart oJ the"access road(s) shall be removed. Upon closure of a camp
facility,'rWastewater tanks shall be completely pumped out and either crushed
in olace. ounctured and filled with inert material or removed. Any waste
maierial'pumped from a wastewater tank or waste debris from tank removal
must be disposed of at an approved facility that is permitted by CDPHE andior
Garfield County to receive said wastes. Materials may not be burned or buried
(other than lSbS) on the premises. All disturbed areas affected by Major
i"rporury Employee Housing Facilities or subsequent operations shall be
reclaimed as earlyand as nearty as practicable to their original condition and
shall be maintained to control dust, weeds and minimize erosion. As to crop
lands, if subsidence occurs in such areas additional topsoil shall be added to
the depression and the land shall be re-leveled as close to its original contour
as practicable. Reclamation shall occur no later than three (3) months after the
Special Use Permit for Major Temporary Employee Housing Facilities expires
David Pesnichak Page 5 rt/812007
Major Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5'02'2
or is revoked unless the Director or designee extends the time period because
of conditions outside the control of the applicant'
b. All areas compacted by Major Temporary Employee Housing Facilities and
Subsequent operations shall be cross-ripped. On crop land, such compaction
alleviation operations shall be undertaken when the soil moisture at the time of
ripping is below thirty-five percent (35%) of field capacity' Ripping shall. be
undertaken to a depih of eighteen (18) inches unless and to the extent bed
rock is encountered at a shallower depth.
c. When a Major Temporary Employee Housing Facilities site is removed, all
disturbed areas will be restored and revegetated as soon as practicable. For
disturbed areas not regulated by the Colorado Oil and Gas Conservation
Commission, the following regulations will apply:
(1) Revegetation of crop lands. All segregated soil horizons removed from
crop lands shall be replaced to their original relative positions..and
contour, and shall be tilled adequately to re-establish a proper seedbed.
The area shall be treated if necessary and practicable to prevent invasion
of undesirable species and noxious weeds,'and to control erosion' Any
perennial forage crops that were preSent before disturbance shall be
reestablished. ,..; .,:, ,",,
(2) Revegetation of non-crop'''lands. All segregated soil horizons removed
from non-crop lands shall be replaced to their original relative positions
and contour as near as practicable to.achieve erosion control and long-
term stability,,,and shall be tilled adequately in order to establish a proper
seedbed. The disturbed area then shall be reseeded in the first favorable
season, Reseeding with species, consistent with the adjacent plant
community is encouraged. ln the,absence of an agreement between the
applicant and the affected surface owner as to what seed mix should be
used,, the applicant shall consult with a representative of the local soil
i conseruation district to determine the proper seed mix to use in
i, revegetating the disturbed area.
::: : l
d. ,'Dur:ing occupation and reclamation operations, all disturbed areas shall be
Xept tree of Garf,ield County and State of Colorado List A and B noxious
weeds.
t'r' '
t''
e. Successful ..reclamation of the site and access road will be considered
completed when:
(1) On crop land, reclamation has been performed as per 11(c)(1) of this
section, and observation by the Director or designee over two growing
seasons has indicated no significant unrestored subsidence'
(2) On non-crop land, reclamation has been pedormed as per 11(c)(2) of this
section, and the total cover of live perennial vegetation, excluding noxious
weeds, provides sufficient soils erosion control as determined by the
Director through a visual appraisal. The Director or designee shall
consider the total cover of live perennial vegetation of adjacent or nearby
David Pesnichak Page 6 ty8t2w7
,".,"H?;'i,,I,"#T'?'.,r5Tll[?ffi ,'eXil"#5f ,;
DRAFT
undisturbed land, not including overstory or tree canopy cover, having
similar soils, slope and aspect of the reclaimed area.
(3) A final reclamation inspection has been completed by the Director or
designee, there are no outstanding compliance issues relating to Garlield
County rules, regulations, orders or permit conditions, and the Director or
designee has notified the applicant that final reclamation has been
approved.
I. Specifically as to revegetation, the applicant shall provide security for
revegetation of disturbed areas in amount and in accordance with a plan
approved by the Garfield County Vegetation Management Department. The
security shall be held by Garfield County until vegetation has been successfully
reestablished according to the standards in the Gar{ield County Vegetation
Management Plan adopted by resolution No. 2002-g4, as amended.
Definitions: -
2.02.51 2 Temporarv Emolovee Housinq FacilitVfies):
The use, during times of housing shortage, of manufictured 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: t
:
1. Small Facilities -which may contain up to 12 beds of which a maximum of lz of the
proposed beds are occupied at any given time on a "Permitted Site", as defined
in section 2'A2,421; '
2. Minor Facilities which contain 7 -24 beds on a "Permitted Site", as defined in
section 2.02.421;'., ; ,,
3. Major rFacilities which contain 25 or more beds; or which contain a fewer number
o{ beds, but are not wholly located on a "Permitted Site"; or which are planned to
. , "be utilized for a p-eriod of time longer than one-year; or otherwise meeithe' 'irequirements of Section 5.A:2.21and Section S.OZ.ZZ.
Such faciliteiat subject to land use approval by means of either an administrative
process or a public hearing process, under the circumstances, standards and
requirements contajned,.in Sections 5.05.21 ,22 or 23 of this Zoning Resolution.
.j.
2.02.421 Permitted Site:
A parcel of land, generally a portion of a lot, as defined in Section 2.02.92, 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.
David Pesnichak PageT 1t/8/2ffi7
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Temporary Housing Building Code Regulations
Garfield CountY
The items listed below are only a partial list of building code requirements' All suppliers
of these units need to have a design professional review their proposed plans for code
compliance.
o Temporary housing is Residential Group R occupancies under the 2003 IBC
(International Builiing Code). They would fit into the R-2 category under
dormitory use. R-2 occupancy assumes the occupants are primarily permanent in
nature. If the units were set up more as a transient one night stand length of stay
they would be R-1 occupancy.
o All modular housing units must have a Blue or Silver Seal from the Colorado
Division of Housinf. As per the State, ffi*ilveffii-s for an IBC apartments or
an IRC (Internation'al Residential code) fishing cabin type of occupancy'. The
county could require these buildings to meet the IBC R-2 requirements since the
approved State pians certification (fishing cabin or apartment) is for a use different
from the end use as a man camp (IBC dormitory)' The State approved plans always
designate an approved occupancy. Ifthe occupancy changes or ifthe units are
-oOIn"O, ttre UuitOing is no-longer under the current factory built program and the
local jurisdiction has iuthority to accept, deny or require retrofits'
o Used LIBC units for use as man camps would not comply with the current State
codes and would fall under the locallurisdiction for acceptance, denial or modified
use.
o HUD units are strictly single famity use only. As per State and HUD' these units
are not dormitories ai pertodd Anderson, CDOH and Rick Mendlen, HUD
202.707.6423.
o Fire suppressant sprinkler systems are required for all R occupancies as per 2003
IBC. Garco did amend this requirement not to require a sprinkler system for R-3
occupancies and Boarding Houses. The intent of this amendment was not to require
someone modifying a house to turn it into a Bed and Breakfast to have a sprinkler
system. This amendment does not exclude man camps from needing a sprinkler
system as per County requirements'
o CDOH does not require a sprinkler system with a Silver Seal for units they have
certified as R-3 with 5 or less occupants. They are more of a fishing cabin idea
being used as a man camp. Garco would have to amend our amendment to include
Dormitories with 5 or lesi people to match the State's lead in this area. We also
have the option to require a sprinkler system'
o Anything built on site attached to the outside of the modular units would be under
the direct requirements of the County building codes. Also local requirements of
wind speed, snow load, seismic, and frost depth would need to be met for all
modular units and site built construction.
Other code sections that could apply are Sec 708. Fire partition is required between
sleeping units. See Exp. 2 would require Vzhr separation. Doors would need to be
20min rated Table 715.
Individual buildings Type VB construction would need to be a minimum of 20ft.
apart unless exteriors walls of the units were fire rated. See Table 602.
Section 503.1.3 Buildings on the same lot may apply based on a review of the site
plan.
There are many other building code requirements associated with man camps. The
above is only a partial list of requirements. All the suppliers of these units need to
have a design professional review their plans for building code compliance. The
State laws require any structure with an occupancy over 10 to be sealed by a
Colorado registered design professional
EXHIBITXA witfiefib.Lg
Exploration & Production
1515 Arapahoe Street
Tower 3, Suite 1000
Denver, CO 80202
30315',12-3900
3031629-8255 Fax
February 12,2008
Garfield County
Board of County Commissioners
108 8th Street, Suite 213
Glenwood Springs, CO 81601
RE: Temporary Housing at Gas Drilling and Completion Sites
Mr. McCown, Ms. Houpt, and Mr. Martin,
First, I would like to commend the BOCC, Planning andZoningCommission, and the
Building and Planning Staff in their efforts and considerations with regard to temporary
housing in gas drilling operations. These are very complex, ambiquous, and vaguely-
defined issues that are being discussed.
Despite repeated requests by the BOCC, the Building and Planning Staff continues to
propose regulations that are costly, inefficient, and simply unenforceable. The BOCC
has been vigilant in understanding that these proposed regulations are not necessary and
need to be simplified and minimized. To meet the needs of both the County and industry,
I feel that the BOCC should adopt use-by-right regulations for S-person facilities in all
zone districts and exempt these facilities from any county requirements. This is how the
industry has been operating in Garfield County for over 30 years, with no known safety
or health incidents derived from improper housing installations. Facilities that house 9-
24 workers should be approved administratively without the need for building permits.
Facilities that house 25 or greater people and are at a location for greater than one year
should be approved via the current Special Use Permit process.
Second, when proposing these needless regulations, the staff has continuously promised
swift approvals and has even used the term "over-the-counter" at times. My experience
with permitting ternporary living facilities in Garfield County is highly inconsistent with
these claims. My company has been in the process of permitting two 24-person facilities,
both in remote areas in the high country of Garfield County. Permiffing the first facility
began in the Spring of 2006, and it still is not fully permitted, lacking a Certificate of
Occupancy from the county. This facility meets or exceeds every imaginable code or
regulation, including fire suppression, snow load, CDOH stamps, and ISDS. 22 months
and still no C.O., yet it is more licensed, safer, and more structurally sound than most
structures in the County.
FEB I I 2008
ln closing, I would like to personally invite you or any of the Garfield
County staffto visit one of the temporary living facilities that Williams
operates in the high country. You will see that these facilities improve
safety, reduce environmental impact, and improve operations of an
industry that is critical to the economic and social health of Garfield
County. Further regulating these facilities only impedes these
characteristics. I appreciate your consideration of these comments.
Sincerely,
,p4-r^;'-/?'
DeanL.4insley
Director, Williams Production RMT Co.
cc:
Dave Pesnichak
Fred Jarman
Garfield County
Building and Planning Department
Attention: Dave Pesnichak
108 Sth Street, Suite 401
Glenwood Springs, CO 81601
wittiefilr.gF
Exploration & Production
1515 Arapahoe Street
Tower 3, Suite 1000
Denver, CO 80202
303ts72-3900
3A31629-8255 Fax
EXHIBIT
//
ToDI
Memomndm
To: John Martin, Garfield County Commissioner
Tresi Houpt, Garfield County Commissioner
Larry McCown, Garfield County Commissioner
Ed Green, Garfield CountY Manager
CC: Fred Jarman, Building and Planning Director
Andy Schwaller, Chief Building Official
From: David Pesnichak, Senior Planner
Date: 212212008
Re: General response and chronology of actions to letter from Williams
Petroleum RMT (Dean Tinsley), dated 2-12-2008
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.
rio*.r"r, much of the information represented in the third paragraph of this letter is
misleading at best. Staff provides the following comments and chronology to
provide u *o.. thorough light on the assertions made by Dean Tinsley in this letter.
,,Over-the-counter" permitting. The regulations in place today do not allow for
"over-the-counter" land use permitting for Temporary Employee Housing facilities.
Doing so would violate current regulations as the Special Use Permits require a
notic6d public hearing with the BOCC. As such, only the BOCC can issue Special
Use permits, which ii necessary for all Temporary Employee Housing facilities in
Garfield County. In regards to the proposed land use regulations for Temporary
Employee Houiing, Staff has made the representation that the administrative land
use^ permits could be issued over the counter under the proposed Area Wide
Development Plan option scenario. However, Staff has made no representation that
building permits ro.rld or would be issued over the counter. Further, Staff has
developld the proposed Area Wide Development Plan option for administrative
February 22, 2008
permits to help expedite building permit issuance. Such a system is not in place
today.
Text Amendment creating Temporary Employee Housing regulations in place
today
- Author and Applicant: Williams Production RMT
Application Submitted: September 5.2006
Technical Compliance Established:September 14,2006
Planning Commission Hearing: October 11. 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 concurrently with Text Amendment and could NOT be approved prior to
approval of aforementioned Text Amendment application)
-Applicant: Chevron USA,Inc. (Williams Prod. RMT Co. - Operator)
SUP Application Submitted: September 15.2006
Non-Technically Complete Leffer Sent:
Technical Compliance Established :
October 4,2006
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 Williams had occupied the Trail Ridge Temporary
Employee Housingfacility, but had NOT appliedfor a Building Permit due to
a 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. (See Attached)
Building Permit Submitted: November 19. 2007
Building Permit Signed: December 10. 2007
Williams Granted Ext. of SUP for 1 yr. by BOCC:December 10,2007
February 22, 2008
williams testified to the B)CC that 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
inal:1
Noted three (3) deficiencies: tie downs not installed properly, no electrical
final, 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 electrical violations noted by the State Inspector to
County Building Dept. (See Attached).
Violation Letter (No CO) Resent to Williams:
Summar.v
Total time requirement for SUP:
Time following approval of SUP to submitting Bp:
Building Permit Issuance time:
Time to CO:
January 23,2008
110 Days
314 Days (Williams
working with CDOH)
21 Days
Deficiencies not rectified
as of February 20,2008
- No CO Issued
Special Use Permit - Allen Point (Well Pad22-24-696) (Central Facility - ISDS
off Pad)
-Applicant: ExxonMobil (Williams Prod. RMT Co. - Operator)
SUP Application Submitted: October 10. 2007
Technical Compliance Established:October 25,2007
Building Permit Submitted: November 20. 2007
BOCC Hearing: December 17.2007
Issuance of BP had to be placed on hold until Conditions of Approval were
fulfilledfor SUP.
Garfield County informed David Logan of outpost office that final was
pending a final electrical inspection.
Latest Activity: January 10, 2009
David Logan of Outpost Office on behalf of Williams conceded to getting
electrical inspection. No new information as to whether an inspection hai
been conducted or that an electrical permit was issued.
Summary
Total time requirement for SUP:
Final Inspection conducted by Garco: December 2g. 2007
67 Days
Building Permit Issuance time:
Time to CO:
Trail Ridge Temporary Employee Housing Facility
In summary, it took Williams over 300 days to submit the Building permit for theTrail Ridge Temporary Employee Housing facility to Garfield County following
approval of their SUP. In this time, Williams installed and operated the facility
without submittal or approval of a Building Permit. Dean Tinsley of Williams met
with Fred Jarman and David Pesnichak regarding this issue the end of July, 2007 in
which meeting Mr. Tinsley informed Mr. Jarman and Mr. Pesnichak thai Williams
had installed the facility, it had been occupied and that Williams was working with
the State Division of Housing prior to submittal of a Building permit to Garfield
County.
Following the meeting, Staff provided Williams with over three (3) months (August,
September and October of 2007) to submit a Building Permii application to the
County, at which point it became obvious that further action would be necessary to
obtain compliance with the applicable regulations. As a result, Andy Schwailer,
Chief Building Official, served Williams Production RMT with a Notice of
Violation on November 2, 2007. This Notice of Violation provided Williams with30 days to begin bringing the facility into compliance ba initiating the Building
Permit process. On November 19, 2007, Williams finaliy submiued a Building
Permit for the Trail _Ridge Temporary Employee Housing facility. This Building
Permit was signed off by the Garfield County Building Dipartment on December
10,2007. Williams picked up this Building Permit on January g,2OO8 and Garfield
County conducted a Final Inspection on January 76,2008. Three deficiencies were
noted at this inspection, notably that the tie downs were not installed properly, there
was no electrical final and there was no fire suppression final. Staff has no-further
information regarding the Fire Protection Districi's inspection status. The electrical
inspection has since been completed by the State Inspictor in which the Inspector
noted three pages ofdeficiencies (see attached).
A Williams representative contacted the Building Department and was updated onthe status of the Building Permit application on January 22, 2oog, specific to
electrical inspection and fire suppression inspection finals. The Garfield County
Notice of Violation was resent to Williams on January 23,2OOB as a reminder. To
date, the Garfield County Building Department is not i**. of any work which has
been conducted on Williams' behalf towards gaining a CO for the Trail Ridge
facility.
February 22, 2009
37 Days (overlap with
SUP approval)
Deficiencies not rectified
as of February 20,2008 -
No CO Issued
4
February 22, 2008
Allen Point Temporary Employee Housing Facility
In regards to the Allen Point Temporary Employee Housing facility, the Special Use
Permit was completed in 67 days and the Building Permil was issued in :Z days.
The Building Permit could have been issued ,oo.r.., however the Building permit
was running conculrently with the Special Use Permit and could not be issied untilthe Special Use Permit was finalized. The Garfield County Building Department
issued the Building Permit on December 27, 2007 and conducted the Final
Inspection the next day on December 28, 2007. The Certificate of Occupancy wasnot issued since an electrical inspection had not been conducted by the State
Inspector. As of January 10, 2008, Staff understands that Outpost Offrce, on behalf
of Williams, has requested an electrical inspection from the State Inspectoi, but Staff
is not aware of any fuither advancement toward gaining a Certificate^of Occupancy.
Summary
To this end, it is important to note that the two Temporary Employee Housingfacilities which Williams Production RMT Co. has been approu.a foi would still
require Special Use Permits, ISDS permits and Building Permits under the proposed
]1Ap_ol*y Employee Housing regulations since they are not fully contained on theCOGCC approved well pads. In addition, following a review ofifre chronology of
events, it is apparelt that Mr. Tinsley's assertion tha-t Williams has been working for22 months toward a Certificate of Occupancy is unfounded. Throughout theprocessing and approval of the two Special Use Permits, a Text Amendment and
qaining Building Code Final Inspections for the two Temporary Employee Housingfacilities, the total elapsed time is approximately 17 11-1orrt^hr. Further, that 17 monthtimeframe includes approximately 314 days (approximately 10.5 months) in 2007during which time Williams did not submit u britaing permit to Garfield County
even though Williams had the BOCC's conditional approval of the SUp. If in factthis 10.5 month delay was caused by obtaining uppro*ls for the chosen structuresthrough the Colorado Division of Housing 1dnop, the choice to use structureswhich were not already approved by the CDOH is a decision made by Williams.
Whether this delay was in fact caused by approval delays through the CbOU or byan oversight by Williams, it is clear that this delay is not the fault of GarfieldCounty. Further, Staff has been waiting since the end of January 2008 for Williamsto take corrective action to cure deficiencies identified in tire Building permit
applications identified by Building Permit inspections for both Trail Rilge andAllen Point.
Frcrm:
JRN-67-EWE Et9:3€l From:CO CSTERCIH-SIJC fiB -8 8953 To:?8136]589 P.?/4
Stnte Of Colorado
Deparlment of RegulaWry Agnncies
Colorado Stste Elccilrical Boaxl
Oyms L'l'uchssher
StBt Elcctrlcal Inspcctcn
310 Woxt 3d lltr,r:r
Rifle. C(). lil6Stl
970{25-50E5
Cwus. t!l{hscllgr(g}dora-dfiE gg,tr!
.lakc Mancss
Coloradc Comm en.; ial S*.rviccs
970-928-8e63
C:hcrvrtions tum site visit d{tcd OIi0+/2008
Ftrr p:rmit # 636703 Willisms Mnn Camp on \ili1krw ClEck Road.
Ttrere are multiple code vir.rlttions a partial list is noted herc:
I ) <t95.2 ()n-Site Power Produetion f acility. Thc normal supply of ehctric powEr frn the site that
is expected to bc constantly producing prrirr€r. System currently is fcd frosa 75 KVA ganerator
that also supplieu puwetr tor tlrc rest ofthe mul camp.2) 695.3(4) lntlividual liourccs, Where reliablc, and where capablc ol'rxrrrying indefinitc$ thc
sum rrf fie locked-rotor cr(rent of tlre firc pump moto(s) srd the frressur€ nraintenence pump
motor(s) and the firll-load curreal ol'tltc acaociafod fire punp acoessory oquipmcnl whcn
connectetl tu this pourrr supplyn the power sourte for an elecfui{.: motor-drivc,n firc pump shall
bc one or more of thc following. Systom as mnflgurcd is not epahlc uf providing cnough
IlowcJ fcrr both operations 6'95.3(8) Multiplc Sources. Where reliable powerconnot be
obtsiued frorn a sourcc described in 695.3(A),polilGr rhqllbe suppliedfrom an approved
combinelion of two or rnore of either of such soursas, or fom an approvcd combinutitm rrl"
fuEdrrrs constitutiug two ormore pou/cr sources ar coversd i:r 695,3(Ri(2), orfrom on utr4noved
combination of one ormorc of such p(rwer sourees in combi.Estion witfi an on-sitc standby
€pnerator complying with 695.3(BX1) and (B[3].
3) 6953(AX2) A fire purnf shall be psrmitted to be strppl.icd by an oo-slre pr)wcr productiorr
hcility- Thc source frcility shall bc located andgrutecred to mininize dre possihilily of
damuge by fire. INFPA 2O:92.314) 695.3(BXl) CencratcnCapacity. A-o on-sie generab(s) used to eomply with this scctioo sball
be of sufficient cupacity to allsw noragl srartinB and nnming of the rnoto(s) drivilg the lire
pump{s) whila supplying all oth+r sinrultancously operated load
S) Currently there is a 40 amp circuit brcaker in zub-pmel in fire pulap stxrc;lr that feeds the fIrc
purp. This pamel has a 100 amp main breakcr, and is fed from anoticr rub-panel in the
gcncrator brrildirrg whcrc thc wires are terrniraated on a 100 amp cirguit brcaker lhis
colrfiguration of circuit brrakers ard sizcs of cirr:uit hvuakers are violations, Circuits Srar
supply clectric rnotor-driven fire pumps shall be supervised *om inadvcrtcut disc{rnntrclion as
cor/ened in 695.a(A) or 695.4(B).
l'o:
,At-tnanln
s'd xHJ I3r83SUt dH Hd6S:' 80OZ ZZ uer
JRN-el.l-a@ 69:38 Frcm:@ CEI'!.IERCIfl-SIJC 978 *E EH€E
{6)
(t0)
(rr)
(A) Dk€cr Connection. The supply c&ducl6s shall direqtly Conneot $€ Pyo *l* to eitrer
a listed lirc pump "o"toofi",
ot tiied ,,,mbinatiort fire pump controllcr ond pow"r trsflsfcr
svrirch. LNI:PA 2tt:9 .3 -2,.2 -zl
(t]) Iiu*r.vised C.*""ti"".h sirgte {iscorneetilF P-cans and associatcd ov"'cu,Eltt
pr.tecrivc device(s) -i"jiu" p"t itu.d to be insalied betwcer a rarnote powcr souruc end one
ofthe ftrllou'ing:
(L) A lbted firc PumP c.ronrroller
iti A ll<cd ittu p*mq power uansfcr *wilch
(3) A listed or*Lin"kun tirepurrrp controller and po:* rransfr switch
.For systrmr irrtaffcl"iieitn* p*oi'l"f"i"iAgS.fteXZt'onlv, such adrlitional disconnecting
merns and asf,ociured ovcrcusent p*t"J""-a*1*Gf tf"U ti p.rykol as re+rired to conrply
with oth$provisirlns ortli* code. ou*r"ilot rroiccriry devices betnrcen sn on-$ite standby
gencr&r ana a tire i;;;"*ff* -f,"U U" Jio*a toO nird accrnrltng to {30'62 to pruvidc
shrr*-circlit protectiott oniy- All aisounrrffi i*ioo and ovssurrcrrt protccrive dovices thst
arc unique tottre frc pump loeds shall-
comply with 6e5-4(BXl) prllstt (PX5)'
695.4(I)Ov*ro.rii.fi,i* Sie"tion. f'tt oYsl.*u.,snE Srnrtoctive dsvicds) ehall be
scls:ted or sel a "* ilin ti"ty the st t! aJthe loctred-rotot ct'rTe'tl of thafffe pwry
momr(s) ud the prelsurc mainensa"iiofrp motads) on( thcfull-toad caneat of thc
axsocltttzd/tse p"r"p i*i"ry eqfipn nt*traa coruiectet to this PowtT suppty' The
retluiremcrf to carrithc tnsked-mt,i crrrentx indefiaitely shall not 'I'Plyto
conduetors sr
rtsviccs othcr than """i.*or dcrrices in the lirc pumf, Rrotof circui(s)'
T.tre o[h* portions ;';;h ;gs.4(Z) t]rmugh ef-S+11; olso nccd to be udhered too
095.6(A) Srrpply
"onao-"t
* shatl be pbysidib routed'outsi<te a building($ ond fiall be
itstalld oS suslce errfr{rc€ conductoi tn iicodaace *irt Afticle ?'?0' Whcrc xopply
conductons cannot [;hyri*it rrlu6d irt*a"Urildingn, tlrey s]rall Uc ryrqrjltcd to be rotrted
thrcugh building' nrtoio inrtof tcd in scooraance with 230.q l) or 230,6(2)' Whcre a fircgump
is wircrd under thc p*"Li"* of 695,3(RX1l, tit rcquiremcnl' sbrll epply.to atl-suPPly
conducrors on rhc t#;il;ith;-;;i#diiron.,ecting clcan that crnstitute the rrorrral
source of suPPlY to that fira PumP'
695.6(BFirc pump supPly 9on1l}'ctry-rn thc load side ofthe fistl disconnrcting mcarw end
ovcnurrcnt a""irqJfiffiil; t 6g5i(B) sholt bc kept e$re+v iltplgd of all other
;;;; ilry shall;ppty -rly loids that are dircctly assosiarcd with the fire pwtp svnterg an
thoy shall be protecli'fo ,*si-st patential dauage tu- lrq-"Tcqlr&l &ilure' nr opcrational
ar:cidcnr Thcy sbatl bo pcrmittcd ,o t " *"t"J E to"gn a building(si Currcntly s'lbpanel ia
cott{x supplies othcr loads-
695.6iD) OverloaJftotectir.rrr, Powcr uircuilq shell not have sutomatic prottxlion agninst
uverlosds- Branch-cirsuit anrl fceder condustqrs shall be protecrcd esainst short c'ircuit only'-
\Uhcrs a rap is *ua"-to-*pgfy a n* puryp, fltc wirirrg strilt Uetrated as scwiee eonduc'tors ir
accn*lancr *rh2j0;,frJrppu"rub a;it*n"" ana sizc restrldions in 2402t shult not.app$'
Excepion Nr. Z, i o.-*-*itt'ti*Ofy generator(s)-oqd to protlucc continuotls eurrrut ilr
exces6 of ?2Sparcent rrf ttrq nrllJoad ilP"*: "iitt" ffrc p"np mo'lor, tho conductors bctwcct
the o'-sirc e**"[irr'gr;-th"-*;bioafior fi* prrlp tnrnsfer switch cqrtrolrcr rr scpararell
mounlrd transfer -;i.dh rnun Uo insr-lle<I io a"coidanc,c with 695.6(B) or protected in
sccordancs whh 430'52,
695-6(E) Pruap Wiri"g" elr wiring fmrn lbe controllers to thc putllp rnotonr :rhall k i! rigid
,oBut corrduit, ;ntr.rmJaiate rnctaiconduig liquidtighr flexible mgtBl r:onduit' or liquidtight
flexihlc o.rrrro.utii" .tnJ"i, Tlpe LENC.b, liot a typc MC cabh with an impcrvious
coverir,g. or fyp. MI ot t*. Cirirsntly Jr*kcy Pump-is plug nnd cprd cormected' This is a
violatiurt.
To: -1864S?5€9 P.3/4
(?)
(8)
(e)
y'd xuj I3rUSSU] dH Hd6S:t 8002 zz uec
JF*{-E7-2BE€r Bgr39 Fromr@ co{GRctFr-StJC 916 9a 8963 To: -i80i436]5Ets
(t7l I l0-2r(A) wg*i1g...hsce. Worldns uparx lor equiprnsnt opcrating nr 600vohr.nominal, nless tu pound and likely torequire examinatirm,Ldlr"t rrl **iE"g.orsaintenance whileenergized shall t:umpl5r -with_&e dimerrsinns or I to:26(n X I), (AXz).Ira taxfl u, io ,*quruaor perrnitte'd clsL'whcre in this CodG, frr Sr.rb-Panet at firc pri*p io"*r,(13) Mrrltiple other srraller vjolstiors also notrxl
Thankyou
C.L. Tuchschcr
?.+rq
s'd xul 13rH35H-t dt_{Hd6q !' BOOZ ez uer
/"son/
Garfield CountY
BUILDING & PLANNING DEPARTMENT
Ms.'tracyOFp
Project Team Project AnalYst
Williams Exploration and Muction
1515 Arapahoe Street
Denvetr, CO 80202
November 2,2007
Re: Er<tension to special use Permit- Temporary Livine and storage Facitity
DearMs. Opp
In the review of the request to oCend this Speciat Use Permit, it has becomeeYide'nt that
"
U"ifAfg p€rmit forthis stnrchre was never obtained. This is a violation of Sec 105 of
the 2003IBC gnternarional Building Cod.e) enabte by Colorado Revised Statutes 30-28-
t24 & 124.5.
You are hereby grveo notice, pr:rsuant to the above statutes and reg[Lation's, t'hat you Bust
completely conect&eviotaiioos or establish anacceptable compliancg_schedulewi&this
O"f-it"r*it, within thirty (30) days of the dae this notice is received' You are
encogragato communicit" *itdtt i. office at yorn earliest-convenience to begin the
compliaice process. Failure to initide compliance within the allowed time orto request
;6p""t will. result,.per Garfield County Code Enforcemcnt Protocol, in this matt€r
U"iog-."f"o"a to tfre fegA de,par.tnent li"ilai"S code violations are referred t9 th9 Board
of Riview. Zf)fugroI" rioi"tio* ale referred to the Board of Adjustueng should you
;"q,r.ra; appeal.-nease be'advised that violations of the above statutes is a
*ita"mernoicrime .and can, upon conviction, be subject to a fine or not rnore tbat
if OO.OO or imprisonment f;;t ps13 fhan te,n days, or botb and th* each day &at the
violation cootinues is deemed to be a separate offense'
rug
Andrew Schwaller
Buildins Otrri4l /oeilt
Tb,-o ?*"-*o fl lc 8a?
f,,-* W".*, 1- z>gg
108 Eighth Street, Suite 401 ' Glenwood Springs, CO 81601
e70j 945-8212 . (970) 285-7972' Fax: (970) i84-3470
,@r"a-,@\__=-__
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Certified Fee
Return ReceiPt Fee
(Endorsement Required)
Flestricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
r!EEr!
i Comolete items 1, 2, and 3. Atso complete- it"* i it Restricted Delivery ls desired'
r Frint vour name and address on the reverse
so thit we can return the card to you'..
r ettactr tt is card to the back of the mailpiece'
or on the front if sPace Permits'
1. Afiicle Addressed to:
lb.Trucv sPP
ftoF"t \EOvrr RmXec{r
UfrUiou''ns TxPtord'tton k Pro.
\:t> Nqpohce :t.
Senvei- to Bblox
?0u? EEaE UU01, h138
E Expr€ss Mail
E Betum RecelPt for Merchandise
El c.o.D.
4. Restricted DeliverY? ErtE Fee)E Yes
AE?E
3. ^Sewice TYPe
Xc"rtin"o u"n
E negisterad
El lnsured Mall
2. Article Number
(Tnnsf er trom se ru I ce I abe l)
,, 2 ,.:,:;i::,ri l;r r,,,,r
J i ilir',, "u ,il,;l
Domestic Return ReceiPt 102595{2'M-1540 I
r PS Form 3811, Feuruary2oo4
El Agent
C, Date of Delivery
Yes
ENo
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tfl
Er\
f
EEEE
EmE
ru
ruEE
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postage
Certillsd Fos
Retum RecleDt Fee
(Endorsement Roduired)
Beslricled Doliverv Fs6(Endors€ment Required)
Total Postage & Fs€s
1. Article Addressed to:
Ns l-mru oPp
l$ [PoPohsat.
sslurP- c0- 80102
2. Article Number
(fnnsfer from seruice label)
r 9or4+9 items 1, 2, and 3. et.o "*pE_ il".q 4 if Restricted Detivery is OesireJl -'-
r Print your name anO aooreis on ttrJilr.r."
_ :9. thgt we can return the card to you.--- --r Attach.this card to the back ot if,d nilifpi"cr,or on the front if space permits.
El Agen',
E]
C. Date of Delivery
D. ls delivery address different from item 1?Yes
lf YES, enter delivery address betow:ENo
3. Sgrvice Type
[CertiReO rUait
E Registered
EI lnsured Mail
El Express Mait
E Retum Receipt for Merchandisetr c.o.D.
4. Restricted Delivery? @xtru Fee)E Yes
7ECIe E03U UEUU q7E5 ?Ulrt
,# Fl' Lr"xr fi #; $ ;f-+ fl_
.-f.rcrcu.....Dp..p_. . .
B. Heceived by ( pnnted Name)
PS Form 381 1, feOruary ZOO+Domestic Return Receipt 102595-02-M-1S40 l
EXHIBIT*rtI \_/
Colorado Department
of PublicHealth
andEnvironment
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Water Quality Contro! Division
5 CCR 1003-6
STATE BOARD OF HEALTH
GUIDELINES ON INDTVIDUAL SEWAGE DISPOSAL SYSTEMS
Amended September 20,2000, effective October 30' 2000
Section lV.K. amended September 15,2004, effective NovemberSO'2004
A.Regul
pted by local boards ofhealth or bY board pursuant to
current guide s of the state board and adoPted in iance with Section
of permits,2s-r0-r04(2),
performance,l
and (4) C.R.S., shall govern al
, constructio n, alter ation;lation, and use of individual
sewage disposal sy of less than 2,000 on per day design capacity. (Site
approval and a permit from the ent are required for a system
with design capacity r than or eq to 2,000 gallons per day, but local
lations then govem all other aspects ofIndividual Sewage Di tem
permits, performance,ion and installation.)
B. Local boards of health shall
guidelines within which to
year from the effective date of these
[r existing regulations or to adopt rules and
regulations which shall no less than these guidelines, unless their
existing rules and are found timely submission to and approval
by the Deparfrnent t/satisfy the stringency irements of these guidelines, in
which case they s/all remain in effect.
Ifatthe ex of said one year period a local of health has not obtained
pursuant to theseapprovalthe department of the rules and
these guidelines shall then become the rules regulations within
local board of healththat i 'sdiction and shall be effective until such time as
its own rules and regulations and they are found by to be in
with Sections 25-10-105 and 25-10-106, C.R.S.no less
gent than these guidelines promulgated by the state board.
C.Procedures to adopt rules and regulations by the local board of health shall be as
follows:
l.A preliminary draft of proposed rules and regulations, or amendments
thereto, shall be transmitted to the Deparfrnent for preliminary review at
least 30 days prior to a public hearing before a local board of health.
Before finally adopting rules and regulations or any amendments thereto,
the local board of health shall hold a public hearing on the proposed rules
and regulations or amendments thereto.
-5-
II.
Coverage:
J.
4.
5.
m.
Notice of the time and place of such hearing shall be given at least once, at
least 20 days in advance thereof in a newspaper of general circulation
within its area ofjurisdiction.
The local board of health may make changes or revisions in the proposed
rules and regulations, or amendments thereto, after the public hearing and
prior to final adoption, and no further public hearing shall be required
regarding such changes or revisions.
All such rules and regulations, and amendments thereto, shall be
transmiffed to the Department not later than five days after final adoption
and shall become effective 45 days after final adoption unless the
Deparhnent has sooner notified the local board of health that the rules and
regulations or amendments thereto or any portions thereof are not in
compliance with Sections 25-10-105 and 25-10-106, c.R.s. or with these
or later State Board guidelines, or are less stringent than those
promulgated by the state board. Any such portions determined by the
Depar0nent not to be in compliance with said Sections 25-10-105 and
25-10-106 and these guidelines, shall not take effect or be published as
rules and regulations of the local board of health and, until made to
comply with and be no less stringent than said sections and current
guidelines or rules and regulations promulgated by the State Board, said
guidelines or rules and regulations of the state Board shall be effective
and control such matters and shall be included as part of the rules and
regulations of said local board. such determination by the Department
concerning the matters of non-compliance and less stringency shall be
provided by written notification received no later than the commencement
of business on the 45th day following the date of final adoption, except
that if such date falls on a weekend or state holiday, the notice shall have
been received not later than the business day next preceding said 45th day.
Definitions
Absorption System - waste water disposal field or a leaching field and adjacent soils or
other system for the treatunent of sewage in an individual sewage disposal system by
means of absorption into the ground and may include evapotranspiration.
Absorption Trench - one or more trenches not over three feet in width in which sewage
effluent is percolated into the soil.
Aerobic Sewage Treatnent System - an individual sewage disposal system employing
-6-
)
)ss
)
EXHIBIT
sor*0924, rc't'l}Z
REcoRDED AT e..oJ_ . otrtorrp -er. oE[ 0 6 fig{8EC f 4"1g51 -$il-'RED i Ar.SDoRf , .courirTr: cr.ERKiGARfIELD. C0UltTYr colofiADO- l
At a regular meeting of the Board of Health for Garfreld County, Colorado, held at the
Qqmrnisslqnsrs' Meeting Room, Garfield County Courthouse, in Glenwood Springs on the5lt_ day of December t9!4, there were present:
E1 me s-l-r!e-ney.-, Commissioner ChairmanMarian r- smith , Commissioner
Ar.,ol !_ !-r_ I,tegtlS)L, Commissioner
Don DeFord County Attorney
Clerk of the Board
Corurty Administrator
when the following proceedings, nmong others were had and done,-to-wit:
RESOLUTIONNO. g4H- 136
A RESOLUTION CONCERNED WITH THE ADOPTION OF THE INDIVIDUAI
EWAGE DISPOSAL SYSTEMS REGLILATIONS, REVISED 1gg4
WHEREAS, pursuant to section 25-l-608, c.R.s.r973, as amended, ttre Garfield
County Board of Health is authorized to adopt regulations governing permits, performance,
Iocatiott, construction, alteration, installation, and use of individual sewage disposal systems
of less ttran 2,000 gallons per day design capacity; and
WHEREAS, previously on December 29,1982, the Board of Health for Garfield
CountJr, Colorado, adopted regulations under the predecessor statute to Section 25-l-60g,
C.R.S. 1973 as amended; and
WHEREAS, the State of Colorado Board of HeaJth requires Iocal boards ofhealth to
adopt regulations as restrictive as, but not less stringenl than those promulgated by the State,
within one year ofthe adoption ofthe revised regulations by the state; and
WIIEREAS, the Garfreld County Board of Health held apublic hearing pursuant to
the public notice require,ments ofthe State on November2l,l994, on the question of whether
ornot to adopt the 1994Individual Sewage Disposal Regulations prior to one (1) year of the
adoption of said regulatioas by the State.
NOW, THEREFORE, BEfTRESOLVED bythe Board of Health ofGarfield County,
Colorado that he regulatioas, marked as Exhibit "A", attached hereto and incorporated herein
by reference, are hereby adopted as the ofFrcial Iadividual Sewage disposal Regulations ofGarfreld County; aad
STATE OF COLORADO
County of Garfield
Mi Id:e_d_Afs_dp-EE_,
C h u c-)<__QCSqhe-nCS_-
-
0
Bowlg?LriGi733
AND, FLiRTHER, that the Garfreld County Board of Health sha[
forward said regulations for the approval of the State of Colorado Deparhent of Health
within five ($ days of adoption of this resolution and shall become effective 45 days after
adoption, unless the Deparhnent notifies the County sooner that the regulations are not in
compliance with Sections 25-10-105 and 25-10-106.
Dared this sth day of :t"t*otL .D.1g:!.
ATTEST:GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
. Upon motion duly made and seconded the foregoing resolution
following vote:
Elmer Arbane),'Maiian I. S
Arnold L
STATE C
Co'
was adopted by the
-
colorado Division of Hougjng fechnology & standards section1313 Sherman street' Room 321 " Den*r, co 80203 " (303) e'6e-+ssz . ,* d;trHftia; t
_:T::::':l:'.:::"'camp"housins ft q Ilu U'"'' I
will these units require an automatic sprinkter system?
$f,i.,'-iy,X,:,Hil;:1rjffi$l??:;;i;;liJ *iiJ,.in" rBC and R occupancies in the rBC require a
The occupancies and design codes-are to be specified by the factories when the plans are submitted forapprovar. see chapter 3 of the rBC fo1 Use "ri o;;6Jricy ctassification.The occupant load is to be stated on tn" plans. s"" s!.iioh t ooa. t in tne tec. rf beds are provided by themanufacturer they are to be shown on the prrn. ,nolro.red (singre, bunk, etc)
For small housing onlv (No mixed use;just bedrooms, kitchen, b^athrooms, small living room) withaccommodations for five or fewer neoqig o9H.y,1 ..tept an R-3 occupancy classification under the IRCcode' No sprinkler system-is requireJ uhder the lRC, buil"."p" windows and alr other code requirementsin the IRC and NEC relating to a dwelling *ilr o" iJq-rired. Note: rn"lnCn.s been adopted withinResolution 35.
lf 6-10 beds are provided.and only , ,-1-r,, of 5 people are sleeping at any one time due to work time shiftsthe following will need to be provii"O fo," each modeityp";
Two letters' (1) from the oil field workers employe, ryh9 is using the housing and (1) from the housing
il:!!l'i'J:1T;fJ:#[:v are aware or the isiue ano that no ,-o,"inrn 5 peopte wiir oe steepins in this
The plans will need to have an occupant load of 5 or less and the following statement on the cover' page "Due to worker's time shifts, il ;;; d.; i p"opr" wifl be steeping in this unit,,
A sign made of metal or other durable material is to be permanenfly attached inside near the entrancedoor with minimum ye,' high letters stating:"This building is designeJfo' people on t'ime shifts. An automatic fire sprinkrer system is required whenmore than S people will be sleeping at any tirr,";'*
An approved fire extinguisher will be required. Shown on the plans and provided by the manufacturer.
Silllfr::l:Hilll""il,[?1il#]as ror these units (AC) and wiu rir out "see sisn by entry,, in the rire
Thank you
To: Factories constructing,,Man Camp,, housing.
(Man Camps)IrHrtE:T,j:,Division
of Housins wourd rike to crarify issues rerated to the use of fi.ffires at remote sites.
Todd Anderson
Engineer, plan Review
Colorado Department of Local Affairs
?lyi:io^t of Housing,lor?,lg fecr,notogy & Standards Section1313 Sherman St. Suite 321- -.-i
Denver, CO 80203
Work: 303-866-4652
Fax: 303-806-3}tz
todd. anderson@state. co. us
www. DOLA. Colorado. Gov
Date: 02l12t\a
H
,t EXHIBIT
CcnBILrER*H
February 12,2008
Garfield County Board of County Commissioners
108 8tn Street, Suite 213
Glenwood Springs, CO 81601
Subject: Comments on Proposed Temporary Employee Housing Regulations
Dear Commissioners:
On behalf of an oil and gas industry working group that has been working with Garfield
County on the development of the subject regulations, I am writing to provide this
group's comments on the regulations currently being proposed by County staff. We
appreciate the time invested by the staff, Planning Commission members, and the
Board of County Commissioners (BOCC) in carefully analyzing the content and
feasibility of these regulations. We look forward to Garfield County adopting a set of
regulations that meets the needs of both the County and the taxpayers and citizens of
the County, including the oil and gas industry.
As we have stated in the recent public hearings on these regulations, the industry
supports establishing minimum standards that this type of housing must meet.
However, we continue to have significant concerns regarding the feasibility and
necessity of implementing the regulations as currently proposed by staff. lt is important
that Garfield County bear in mind two fundamental questions: 1. "What is the problem
that is trying to be solved?"; and 2. 'Will a permitting process that is onerous for both the
County and the industry result in any meaningful difference in how such housing is
constructed and operated?'. We would submit that if the County were to honestly
answer each of these questions, you would reach the conclusion that a complex and
onerous permitting process is not warranted or needed.
We do not believe that there is a significant problem with this housing that needs to be
addressed by developing a complex regulatory framework. The use of temporary
housing on drilling locations is essential to the safety of our operations and has been
the practice of this industry for many decades. lt is not in the best interest of the
industry or our employees or contractors to provide housing facilities that are unsafe.
We believe strongly that the regulations proposed by staff are a case of "process for the
sake of process" that will have no substantive effect other than to create a significant
administrative burden for County staff and the industry. lt is important for Garfield
County to recognize that there are numerous County, State and Federal regulations that
already apply to this housing and deal with most of the issues that may arise, therefore,
an additional level of regulation by the County is not needed.
826 21% Rood
Grond Junction, CO 8.l505
T:970.263.7800
t:970.263.7456
Cordilleron Complionce Services, lnc.
Grond Junction, CO . Denver, CO
E nviro nm e nt ol C o ns ulting Engineers ond Scieniis/s
Garfield County Board of County Commissioners
February 12,2008
Page 2
Our primary comments on and concerns with the staff proposal are summarized below:
. We support having 3 tiers of permitting but believe the following tiers, based on
number of people living at the housing facility at any given time-, are more
appropriate than those proposed by your staff:o Small Facility: 8 or fewer people on a well pad or other location permitted
by the State or Federal government for less than one year;o Mino_r Facility: 9 lo 24 people on a well pad or other location permitted by
the state or Federal government for less than one year; ando Major Facility: 25 or more people, not on a location permitted by the State
or Federal government, and/or will be occupied for more than one year.. We have continually supported maintaining the current Special Use permit (SUp)
process for Major Facilities as has been proposed by your staff (55.02.21).
' We support the administrative process proposed by your staff foitvtinor Facilities
(S5.02.22) with the foltowing exceptions:o We are requesting that the area-wide development plan (AWDP) process
be retained as part of this process.o We are requesting that these facilities be exempted from the Garfield
County building code so that no building permits will be required. From a
practical standpoint, these facilities are essentially the same as the Small
Facilities addressed below - they provide housing for people essential to
that drilling operation but the number of people is greater due to the
remoteness or other unique characteristics of the operations.
' Although we support exempting Small Facilities (S5.02.23) from the Garfield
County zoning and building codes, we are receptive to maintaining specific
sections of the staffs proposal. Specifically -o Minimum standards that all such housing must meet, consistent with the
majority of section 3 of the staffs proposal for g5.02.23.o Requiring notification to the Building and Planning Department, Sheriffs
Office, and appropriate Fire District when this housing is established.
Enclosed you will find alternative drafts of these regulations representing the comments
summarized above.
ln addition, we would also like to address some of the comments and concerns the
BOCC relayed during the hearing on February 4, ZOO1.
' ln regard to the concerns about how the Small and Minority Facilities may impact
the landowner where the housing is located, it is importanfto remember that
these categories of housing being proposed for the oil and gas industry will be
located on active drilling locations. With all of the other round-the-clock activity
that takes place on such locations, it is highly unlikely that the presence or
absence of this housing would be noticeableto these landowners. ln fact, the
absence of housing for personnel essential to the drilling would be very
noticeable to these landowners in the event that there was an emergency or
other off-normal event.
Cordilleron Complionce Services, lnc.
Grond Junclion, CO . Denver, CO
Environmenfo/ Consu/fing Engineers ond Scienlisls
Garfield County Board of County Commissioners
February 12,2008
Page 3
' Your staff continued to raise concerns that establishing performance standards
for the small housing facilities without requiring that a fermit (e.g., building
permit) is obtained is, in effect, the same as exempting these'faiitities from all
county codes. We disagree with this position and, as stated above, support the
establishment of performance standards that must be met for alt three tiers ofhousing. We believe that the county wilt have recourse if these standards are not
met regardless of whether a permit is actually issued. At a minimum, any facility
that does not meet these standards would be in violation of the zoning code
where the standards are established. lt is also very likely that the lack of
adherence to these standards could be enforced under otner County and State
. ;itJil'JJli;, of resulation by the state of cotorado is continr"rry r"ir"d during
any discussion of this housing. We recognize that the process we have beenparticipating]1!o develop regulations for Garfield County was initiated primarily
by the COGCC's stance that they currently do not have iules addressing thishousing. lt is important to note that in the communication from the COGCC that
it did not say that the State of Colorado does not have regulations that cover thishousing. The fact of the matter is that there are numeroul requirements that
have to be met from the following State agencies:o Colorado Division of Housingo colorado Department of public Health and the Environmento Colorado Division of Fire Safetyo Colorado Department of Regulatory Agencies, Division of Registrations,
Electrical Board
ln addition, this housing must meet numerous other Federal (e.g., OSHA) and
local (e.9., fire district) requirements.
ln summary, the undersigned companies look forward to continuing to work with
Garfield County to develop an efficient and effective set of regulati6ns for this housing.lf.you have any questions regarding the enclosed draft or thelomments ouflined abo-ve,please contact me at (970) 263-7800.
Sincerely,
Cc: David Pesnichak, Garfield County Building and
Enclosures -1. Signature Pages
2. Alternative Draft Regulations
Planning Department
Cordilleron Complionce Services, lnc.
Grond Junction, CO . Denver, CO
E nv iro n m e nt o I C o n s u lti ng Engineers ond Scien lisfs
Geologist
Garfeld County Board of County Commissioners
February 12,2008
signature Sheet for Letter Tifled comments on proposerJ Temporery Employee
Houslng Regulations, Dated February 12,2009.
c" prny: /. I R,q// fc: 11t/6RG { 7_{ , /, /, (
Nameffitle of Signatory: - ? l? €C fOR d ,, /,eA/n
Cordilleron Complionce Services, lnc.
Grond Junction, CO . Denver, CO
Fnvironmen tol Cons ullin g En gln eers on d Scie n lists
Garfield County Board of County ,Oommissioners
February 12,2008
signature Sheet for Letter Titled comments ofl propased remporary Emptoyee
Housing Regulations, Dated February 12,2008.
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Name/Title of Signatory:P Lrrri L*,rr#Lr.W fu{u,sr,.hb,
Cordifleron Complionce Services, tnc.
Grond -'unction, CO . Denver, CO
Fnyi.onmenlol Consultin g En gineers on d Scl-enfisfs
Garfield Coung Board of County Commissioners
February 12,2008
signature sheet for Letter Tiiled comments on proposed remporary EmptoyeeHousing Regulations, Dated February 12,2OOg.
Company: ConocophillipsCompanv
Nameffitle of Signatory
Cordilleron Complionce Services, lnc.
Grond Junction. CO . Denver, CO
E nv iro n m e nt ol C o n s u lt i ng E n gi n e ers ond Scien tisfs
Garfield County Board of County Commissioners
February 'l2,2OOB
signature sheet for Letter Tifled comments_on proposed remporary EmployeeHousing Regutations, Dated feOruary 12, ZOOL.
Name/Titte of Signatory:
Cordilleron Complionce S.ric"r, fn..
Grond Junction, CO . Denver, COEnvironmento/ Consu/trng Engrneers onJ icrentrsts
Garfield County Board of County Commissioners
February 12,2008
signature sheet for Letter Tifled camments on proposed remparary EmployeeHousing Regulations, Dated February 12, ZAOL.
Cordilleron Complionce Services, tnc.
Grond Junction, CO . Denver. CO
E nv iro n m e nfol Co nsu/frng Engineers ond Scien iis/s
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Signalure Sheet for Letter Titled Comments on Proposed Temporary Emptoyee
Housing Regulations, Dated February 12, ZOO8.
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February 12,2008
signature $heet for Letter Tifled com men_ts_o-n Froposed remporary EmplayeeHousing Regulations, Dated February 12, ZOO1.
Cordilleron Complionce Services, inC
Grond Junction, CO . Denver. CO
E nvironmentol Consu/tng En grneers ond Scientisfs
Garfield County Board of County Gommissioners
February 12,2008
Signature Sheet for Letter Titled Comments on Proposed Temporary Employee
Housing Regulations, Dated February 12,20A8.
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Gr,'r. Prolraf rr/r,',Nameffitle of Signatory:
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Gerfield County Board of County Commissioner$
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Signature Sheet for Letter Titled Comndnts on Pruposed Tamponry Emptory
Houslng Regulatiorts, Dated Februdty 12,2008.
PAGE AL/AL
Cordilleran Complionce Services, lttc.
Grond Junction, CO' Denver, CO
Envrronmentol Consultingl Englneers ond Scienfisls
Major Permit - (Occupied by 25 or more people)
5.02.21Special Use Permits for Major Temporary Employee Housing Facilities ("Major Permit"):
(1) At times of severe housing shortage, extremely remote locations or other emergency
conditions, special use permits for Major 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, mineral extraction or highway
operations of substantial size in any zone district by the County Commissioners
through the special use permit process. Such housing shall be of a temporary nature.
At the expiration of the permit, the lands shall be restored and all housing structures
and associated infrastructure shall be removed. Review of the permit shall be subject to
S9.03 and $5.03 of the Garfield County Zoning Regulations of 1978 as Amended. All
Special Use Permits for Major Temporary Employee Housing Facilities is subject to all
applicable building code, state and federal permit requirements, fire protection district
requirements and fire code requirements. Major Temporary Employee Housing
Facilities shall have at least one of the following basic characteristics:
A. The Major Temporary Employee Housing Facilities or any associated
infrastructure (including ISDS) ("Major Facility(ies)") is not completely
contained within a State or Federally regulated parcel (such as a Colorado Oil
and Gas Conservation Commission (COGCC) approved oil/gas well pad) in
which reclamation and revegetation standards are guaranteed by contract
with the permitting agency; or,
B. The Major Facilities are to be located at the permitted site for more than a
cumulative of one (1) year; or,
C. The Major Facility shall accommodate twenty flve (25) or more employees,
contractors or sub-contractors of the operator of the facility at any one given
time and are needed for onsite safety of the related commercial, industrial,
extraction or highway operation.
(2) Temporary Employee Housing Facilities accommodating 24 or fewer people at any one
given time, will be on location for less than a cumulative of one (1) year and are
completely contained within a state or federally permitted parcel (i.e. "Minor Facilities"
or "Small Facility") are subject to the review processes and standards contained in
Section 5.02.22 and Section 5.02.23 and the enforcement provisions of Section 12 and
Section 9.01.06.
(3) Special Use Permits for Major Facilities: The applicant shall submit an adequate site
plan, consistent with Section 9.01.01 and including proposed water supply, proposed
method of sewage treatment and names and addresses of adjacent property owners.
(A) Water and wastewater systems proposed to service Major Facilities must
comply with all applicable state and local laws and regulations. ln addition, all
sewage must be disposed of on-site using an lndividual Sewage Disposal
System (ISDS) unless the applicant can prove:
1, That, at the discretion of the Garfield County Board of Health, an
ISDS system is not feasible due to environmental, topographic or
engineering conditions where the temporary housing is to be located;
or
2. That, at the discretion of the Garfield County Board of Health, year-
round access is available and maintained for safe and regular access
for sewage hauling vehicles. ln addition, the following conditions must
be met:
a. The applicant must demonstrate and guarantee an
arrangement for hauling sewage; and
b. The applicant must maintain all records including but not
limited to trip logs/reports and landfill receipts; and
c. All sewage disposal records must be maintained as public
records to be available to the County and/or any other
interested third party upon request; and
d. The temporary housing must not exceed a cumulative of one
(1) year at an approved location; and,
e. These facilities shall be designed to accommodate 75 gallons
of wastewater per person per day.f. lf the total waste production from a facility will be 2000 gallons
per day or greater based on a production of 75 gallons of
wastewater generation per person per day, then the facility
shall be serviced by an ISDS. Hauled sewage and wastewater
service shall not be permitted for any facility which will
generate a total of 2000 gallons of wastewater and sewage
per day.
(B) For sites where potable water is hauled to and wastewater is hauled out,
applicants must keep appropriate records, to be provided to the County upon
request to demonstrate that water supplied to a site is from an approved
source and that wastewater is disposed of at an approved facility. For water
facilities not permitted by the Colorado Department of Health and
Environment (CDPHE), 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. Water systems permitted by the Colorado Department of Health
and Environment (CDHPE) must obtain all necessary state permits prior to
the scheduling of a Special Use Permit for a Major Permit public hearing and
maintain continuous conformance to state regulations at all times during
operation of the Major Facility.
(C) ln no case shall unsafe water be used for drinking nor shall raw sewage or
contaminated water be discharged on the ground surface.
(D) Special Use Permits for Major Facilities must be related to one or more
commercial, industrial, mineral extraction or highway operation locations and
shall be limited to a spacing of at least one (1) mile between Major Facilities,
regardless of land ownership or operator. Special Use Permits for Major
Temporary Employee Housing Facilities for oil and gas extraction purposes in
the Resource Lands (RL) zoning district may be exempted by the BOCC from
the one mile spacing if the operator can prove that the housing structures and
all supporting infrastructure will be contained within the Colorado Oil and Gas
Commission (COGCC) approved well pad and there will be no new additional
land disturbance outside of the COGCC approved well pad area. lf the
applicant is applying for a Special Use Permit for Major Facilities on an
approved COGCC well pad, the applicant must provide the relevant approved
APD permit indicating housing location(s) along with the application for a
Special Use Permit for Major Facilities.
(4) The maximum allowable time length of the Special Use Permit for Major Temporary
Employee Housing Facilities is one (1) year. For good cause shown, the permit may
be renewed annually in a public meeting with notice by agenda only. Annual renewal
review shall be based on the standards herein as well as all conditions of the permit.
A permit may be revoked anytime through a public hearing called up by staff or the
Board of County Commissioners. By way of example and not limitation, continued
non-availability of a permanent housing inventory or the nature of the construction or
extraction project may constitute "good cause" for renewal. The applicant must
provide an estimated total cumulative length of time the Major Facility(ies) will be at
the proposed location along with a statement of intentions to request renewal past the
one year expiration date as part of the Special Use Permit for Major Facilities
application. Failure to provide a statement of intention for renewal will prohibit the
Special Use Permit for a Major Facility(ies) from future renewal consideration.
(5) Temporary housing shall be located at a site authorized by the Board of County
Commissioners and identified on the relevant site plan submitted with the Special Use
Permit for a Major Facility(ies), lnhabitants of the Major Facility shall be applicant's
employees and/or subcontractors, working on the related construction or mineral
extraction operation, and not dependents of employees, guests or other family
members.
(6) Major Facilities shall be maintained in a clean, safe and sanitary condition, free of
weeds and refuse. Any hazardous or noxious materials that must be stored on site for
operational or security reasons must be managed in accordance with all applicable
federal, state and local laws and regulations.
(A) Fire Protection; General Requirements:
i. Provisions shall be made for giving alarm in case of fire. lt shall be the
responsibility of the duly authorized attendant or caretaker to inform all
employees about means for summoning fire apparatus, sheriffs office and
resident employees. All fires are subject to $307 of the 2003 lnternational Fire
Code (lFC) including but not limited to permits, attendance, open fires, coal
grills, fire bans and bon fires. One (1) or more approved extinguishers of a type
suitable for flammable liquid, combustible materials or electrical fires (Class A,
Class B and Class C), or dry chemical, shall be located in an open station so
that it will not be necessary to travel more than one hundred (100) feet to reach
the nearest extinguisher. A water storage tank shall be required to provide
water to the sprinkler system and initial suppression activities. The size of the
water tank shall be determined based on sprinkler calculations and initial
suppression demands.
ii, 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 by the relevant fire protection district(s). Smoke alarms
and manualfire 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.
iii. Single-station carbon monoxide alarms shall be placed in each manufactured
home or recreationalvehicle unit.
(B) Wildlife-proof refuse containers must be provided for trash. At least one thirty (30)
gallon (4 cubic feet) container shall be provided for each unit or the equivalent in a
centraltrash collection facility. Said containe(s) must be durable, washable, non-
absorbent metal or plastic with tight-fitting lids. Refuse shall be disposed of not
less than once weekly.
(C) Outdoor food storage is prohibited unless facilities that prevent the attraction of
animals to the Major Facility(ies) site are provided.
(D) The applicant shall provide a detailed map and GPS coordinates to the Garfield
County Sheriffs Office and the relevant Fire Protection District which is sufficient
for emergency response purposes, including location of the Major Temporary
Employee Housing Facilities site; private and public roadways accessing the site,
marked as open, gated and/or locked; and detailed directions to the site from a
major public right-of-way. The map is subject to approval by the Garfield County
Sheriffs Office and relevant Fire Protection District.
(7) lf structures, requiring Building Permits under the Garfleld County Building Code, are
constructed for the commercial, industrial, highway project or mineral extraction
operation related to the Special Use Permit for Major Facilities, upon expiration or
revocation of the permit, Certificates of Occupancy for such structures shall be
withheld until the temporary living quarters are removed and the site is restored to the
satisfaction of the County Building and Planning Director.
(8) lf a Special Use Permit for Major Facilities is granted, the Applicant shall notify the
county when site development begins. The applicant shall verify in writing, by site plan
and through photo documentation that the site, water system, and sewage disposal
system were designed, installed and inspected in accordance with the said special
use permit and comply with all applicable regulations, permits, and conditions. All
written documentation and site plans verifying compliance must be stamped by a
certifled Colorado Engineer, The county also reserves the right to inspect a site,
without notice, to assess compliance with the Special Use Permit for Major Facilities.
A determination of noncompliance with any Special Use Permit for Major Temporary
Employee Housing Facilities, or condition approval thereof, is grounds for revocation
or suspension of said permit, in accordance with Section S9.01.06.
(9) lf there is suitable permanent housing inventory available in an area near the
commercial, industrial, highway project or mineral extraction operation, as determined
at the discretion of the BOCC, the Special Use Permit for Major Temporary Employee
Housing Facilities shall not be granted.
(10) No animals shall be allowed at Major Temporary Employee Housing Facilities.
(11) ln evaluating a request for a Special Use Permit for Major Temporary Employee
Housing Facilities, the County Commissioners may require compliance with additional
conditions of approval as may be needed to ensure the health, safety and welfare of
the public. (A.81-263)
(12) The applicant shall submit as part of the Special Use Permit for Major Temporary
Employee Housing Facilities, a reclamation and revegetation plan for each specific
site addressing all points in section eleven (11) within this $5.02.21,
a. Debris and waste materials, including, but not limited to structures, concrete,
footings, sewage disposal systems and related infrastructure, water storage and
related distribution infrastructure, roads, and other sand, plastic, gravel, pipe and
cable shall be removed. All pits, cellars, and other holes will be backfilled as soon
as possible after all equipment is removed to conform to surrounding terrain. All
access roads to the site and associated facilities shall be closed, graded and
recontoured. Culverts and any other obstructions that were part of the access
road(s) shall be removed. Upon closure of a camp facility, wastewater tanks shall
be completely pumped out and either crushed in place, punctured and filled with
inert material or removed. Any waste material pumped from a wastewater tank or
waste debris from tank removal must be disposed of at an approved facility that is
permitted by CDPHE and/or Garfield County to receive said wastes. Materials may
not be burned or buried (other than ISDS) on the premises. All disturbed areas
affected by Major Temporary Employee Housing Facilities or subsequent
operations shall be reclaimed as early and as nearly as practicable to their original
condition and shall be maintained to control dust, weeds and minimize erosion. As
to crop lands, if subsidence occurs in such areas additional topsoil shall be added
to the depression and the land shall be re-leveled as close to its original contour
as practicable. Reclamation shall occur no later than three (3) months after the
Special Use Permit for Major Temporary Employee Housing Facilities expires or
is revoked unless the Director or designee extends the time period because of
conditions outside the control of the applicant.
b. All areas compacted by Major Temporary Employee Housing Facilities and
subsequent operations shall be cross-ripped. On crop land, such compaction
alleviation operations shall be undertaken when the soil moisture at the time of
ripping is below thirty-five percent (35%) of field capacity. Ripping shall be
undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is
encountered at a shallower depth.
c. When a Major Temporary Employee Housing Facilities site is removed, all
disturbed areas will be restored and revegetated as soon as practicable. For
disturbed areas not regulated by the Colorado Oil and Gas Conservation
Commission, the following regulations will apply:
(1) Revegetation of crop lands. All segregated soil horizons removed from crop
lands shall be replaced to their original relative positions and contour, and
shall be tilled adequately to re-establish a proper seedbed. The area shall
be treated if necessary and practicable to prevent invasion of undesirable
species and noxious weeds, and to control erosion. Any perennial forage
crops that were present before disturbance shall be reestablished.
(2) Revegetation of non-crop lands. All segregated soil horizons removed from
non-crop lands shall be replaced to their original relative positions and
contour as near as practicable to achieve erosion control and longterm
stability, and shall be tilled adequately in order to establish a proper
seedbed. The disturbed area then shall be reseeded in the first favorable
season. Reseeding with species consistent with the adjacent plant
community is encouraged. ln the absence of an agreement between the
applicant and the affected surface owner as to what seed mix should be
used, the applicant shall consult with a representative of the local soil
conservation district to determine the proper seed mix to use in revegetating
the disturbed area.
During occupation and reclamation operations, all disturbed areas shall be kept
free of Garfield County and State of Colorado List A and B noxious weeds.
Successful reclamation of the site and access road will be considered completed
when:
(1) On crop land, reclamation has been performed as per 11(c)(1) of this
section, and observation by the Director or designee over two growing
seasons has indicated no significant unrestored subsidence.
(2) On non-crop land, reclamation has been performed as per 11(c)(2) of this
section, and the total cover of live perennial vegetation, excluding noxious
weeds, provides sufficient soils erosion control as determined by the
Director through a visual appraisal. The Director or designee shall consider
the total cover of live perennial vegetation of adjacent or nearby undisturbed
land, not including overstory or tree canopy cover, having similar soils, slope
and aspect of the reclaimed area.
(3) A final reclamation inspection has been completed by the Director or
designee, there are no outstanding compliance issues relating to Garfield
County rules, regulations, orders or permit conditions, and the Director or
designee has notified the applicant that final reclamation has been
approved.
f. Specifically as to revegetation, the applicant shall provide security for revegetation
of disturbed areas in amount and in accordance with a plan approved by the
Garfield County Vegetation Management Department. The security shall be held
by Garfield County untilvegetation has been successfully reestablished according
to the standards in the Garfield County Vegetation Management Plan adopted by
resolution No. 2002-94, as amended.
Minor Permit - (Occupied by 9 to 24 people)
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 approvalfor 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 (l) year; and,
C. The Minor Facility shall accommodate nine (9) to twenty-four (24) employees,
contractors or sub-contractors of the operator of the small facility at any one
given time and are needed for onsite safe$ of the related commercial, industrial,
extraction or highway operation.
Temporary employee housing facilities that do not have the three characteristics listed
above, i.e., accommodate 8 or fewer people, on location for more than a cumulative of
one (1) year or not completely contained within a Permitted Site, i.e. "Small Facility" or
"Major Facilities", are subject to the review processes and standards and requirements
contained in Section 5.02.21 or 5.02.23 and the enforcement provisions of Section 12
and Section 9.0't.06.
(2) General Minor Permit Application Requirements: The Applicant shall submit an
application, on a form provided by the Building and Planning Department (Department)
and be issued a Minor Permit by the Director prior to commencing installation of the
Minor Facility.
A. Minor Permit and Area Wide Development Plan (AWDP) : Each Minor Facility
application shall be reviewed by the Director and an administrative determination
made, in accordance with the process and timelines contained 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 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 and permission to process applications
for land use and building code permits on behalf of the Owner(s). 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/a gent.
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 or 200 feet from the
Permitted Site if the Permitted Site is within the Resource Land Zone
District, 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 defined in Section 24-65.5-101et seq., C.R.S., as
amended) under the subject lot or under the Permitted Site if the Permitted
Site is within the Resource Land Zone District, 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 Sections 3 and 4,
below.
(3) Submittal Requirements for an AWDP: At a minimum, the Applicant for approval of an
AWDP, along with the submittals listed in Section 2, above, shall submit:
A master map/site plan in accordance with Section 4(H), below, identifying the
proposed location and anticipated layout for all Minor Facilities to be installed
within the AWDP. Site specific, surveyed maps depicting the location of each
Minor Facility, located within the Permitted Site within the subject lot, shall be
submitted with each individual Minor Permit application and not with the
application for approval of an AWDP.
The master map/site plan shall include a list of the anticipated dates of
installation and removalfor each Minor Facility. The list shall also include the
estimated total cumulative length of time (number of days) that the Minor
Facilities are anticipated to be installed at the proposed location.
Sign offs from the Garfield County Sheriffs Office and relevant fire protection
district consistent with Section 4(A) and (B), below.
A.
B.
C.
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 proposeo
unit meets current building code and Garfield county fire code requirements.
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.
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 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.
B. Sign-off: review from the Garfield County Building Department of the state orfederal "certifying stamp" for each housing unit pioposed for use and
demonstration that each proposed housing unit meets current building code and
fire code requirements.
C. General description of the water system planned for potable water, along with
details regarding number and volume of potable water tanks, source of iater,
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.
E' 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
disposalsite.
F. A list of adjacent surface owners within 200 feet of the Subject Lot or 200 feet
from the Permitted Site if the Permitted Site is within theResource Land
D.
E.
F.
Zone District, as identified in the Garfield County Assessor's records, and a list
of separated mineral estate owners in the subject lot or the Permitted Site if the
Permitted Site is within the Resource Land Zone District, as identified in the
Garfield County Clerk and Recorders records. lf notice was given for an
approved AWDP in accordance with Section 2, above, notice need not be
repeated for each minor permit application submitted under that approved
AWDP.
G. A list of the final dates of installation and removal of the Minor Facility and a
representation of the total cumulative length of time (number of days) that the
Minor Facility will be installed at the proposed location.
H. Site Plan: The Applicant shall submit an adequate site plan, consistent with
Section 9.0'1.01 of this Zoning Resolution and the requirements listed below:
i. A vicini$ map indicating the section, township, and range of the
subject lot and the location of Minor Facili$ 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 ('l) mile of the proposed Minor Facility;
north arrow and scale; GPS coordinates and current surface
ownership of the subject lot. The vicinity map shall be presented on a
USGS 7.5 minute series quadrangle at a scale of 1"=2000'or
equivalent, with a topography depicted at a minimum of 40' intervals.
ii. Surveyed layout of the proposed Minor Facility within the surveyed
boundaries of 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 diskict
headquarters to each Minor Facility, along each roadway.
iv. Name, address and phone number of surface owner of the subject lot
or the Permitted Site if the Permitted Site is within the Resource
Land Zone District.
v. Name, address and phone number, including a24-hour emergency
response number of at least two persons responsible for Operator's
emergency field operations; contact numbers for local hospitals,
emergency response, fire protection districts, Garfield County Sheriffs
Office, Life/Care Flight, and applicable regulatory agencies; site
safety/evacuation plan; and any other written response plan for
potential emergencies at the Permitted Site.
vi. Identification 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 Officer").
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 (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 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:
A. Upon submittal of an application for a Minor Permit or for approval of an AWDP
to the Department, a technical compliance check shall be completed and notice
of compliance or non-compliance sent to the Applicant by the 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. 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.
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 impatt 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 for fourteen (14) calendar days after the date of the
determination in order to allow time for the applicant, adjacent pioperty owners within
200' of the subject lot or the Permitted Site if the Permitted Site is within the
Resource Land Zone District, the Owner(s) of the subject lot or the permitted Site ifthe Permitted Site is within the Resource Land Zone District separated mineral
estate owners, and/or the Board of County Commissioners (BOCC) to reconsider the
determination made by the Director. The Director's determination shall become final
only after the expiration of this fourteen (14) calendar day period, and only if the
determination is not reviewed and acted upon by the Bobc at a subsequlnt
reconsideration hearing.
A. Request for Reconsideration of Decision.
i. Written Request. The Applicant (and the Owner, if the Owner is
represented as detailed in (2)(B), above), an adjacent propefi owner
within 200' of the subject lot or the Permitted Site if the Permitted Site
is within the Resource Land Zone District, or the mineral estates
owners as defined in subsection iv, below, aggrieved by the
Director's decision may request reconsideration by the Bobc 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 regulady scheduled meeting date in which all
required prior public noticing can take place (ReconsidLration 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 newipaper of general
circulation in the area in which the proposed Minor Facility orAWDp is
located.
iv. Notice by Mail. .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 adjacent propefi owners within 200 feet of the subject
lot or 200 feet from the Permitted site if the permitted site is within
the Resource Land Zone District, as identified in the Garfield
county Assessor's Records; the owner (unless the owner is the
aggrieved party); and separated minera! estate owners (as defined
in Section 24-65.5-101 et seq., C.R.S., as amended) under the
B.
subject lot or under the Permitted Site if the Permitted Site is within
the Resource Land Zone District, as identified in the records of theGarfield county clerk and Recorder. (Note:the aggrieved party need
not notice itself.) The notice shall include a vicinity mip, the legai
description of the subject lot, a short narrative describing the Mlnor
Facility or AWDP and an announcement of the date, timL and location ofthe 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, modifi7 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,
specificalty, 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 io
reconsider the Director's decision at the next regularly scheduled meeting of theBocc for which proper notice of hearing can bJ accomprished.
i. call-up Vote. The Bocc shall consider the call-up request, by one or
more commissioners, at the next regular meeting of the Bocb 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 pubrished a notice of [ublic hearing in a newspaper
of general circulation in the area in which the proposed Minor Facility orAWDP is located.
iii. Notice by Mail. . At least thirty (30) calendar days prior to the date of the
scheduled Reconsideration Hearing, the aggrieved party shall send bycertified mail, return receipt requested, a wlitten notice ortne public
hearing to adjacent property owners within 200 feet of the subjectlot or 200 feet from the Permitted Site if the Permitted Site is withinthe Resource Land Zone District, as identified in the Garfieldcounty Assessor's Records; the owner (unless the owner is theaggrieved party); and separated mineratestate owners (as defined
in Section 24- Gs.s-,l01 et seq., c.R.s., as amended) under thesubject lot or under the Permitted Site if the Permitted Site is withinthe Resource Land Zone District, as identified in the records of theGarfield county clerk and Recorder. The notice shall include avicinity map, the legal description of the subject lot, a short narrative
describing the Minor Facirity or AWDp and in 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, modifo 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,
speciflcally, Section 5.02.22.
(7) The Minor Facility shall adhere to the following Minor Permit standards:
A. Minor Facilities must comply with all applicable federal, state and local laws and
regulations.
B. Operator must keep and maintain appropriate records, to be provided to the
County or any interested third party upon request, to demonstrate that potable
water supplied and sewage and wastewater meet the representations contained
within the application, as required by Section 4(C) and (D) above.
C. ln no case shall unsafe water be used for drinking nor shall raw sewage or
contaminated water be discharged on the ground 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 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, 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 manualfire 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 recreationalvehicle unit.
\.
J. One (1) or more approved fire extinguisher(s) of a type suitable for flammable
liquids, combustible materials and electrical flres (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 Appricant'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 identifled 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 removeO witnin
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 deteimined
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
o. 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.
P. All required Access Permits shall be obtained from the Garfield County Road and
Bridge Department or the colorado Department of rransportation.
Q. 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.
R. The Operator shall maintain records identifying workers, whether employees or
sub-contractors, and documenting the dates that each worker is housedat the
Minor Facility. Such records shall be provided to the County or any additional
third party upon request.
S. Wastewater Disposal:
i. Vault system: All vault systems shall be designed and installed to
accommodate the maximum number of persons, identified within the Minor
(8)
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 icanUOperator 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 allsewage 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.
d. lf the total waste production from a facility will be 2000 gallons per day
or greater based on a production of 75 gallons of wastewater generation
per person per day, then the facility shall be serviced by an ISDS.
Hauled sewage and wastewater service shall not be permitted for any
facility which will generate a total of 2000 gallons of wastewater and
sewage per day.
ii, lndividual sewage Disposal system (lsDS): lf an lsDS is proposed or has
been approved, then it shall be designed, installed and operated to
accommodate the maximum number of persons who will inhabit the Minor
Facility and shall othenadse be operated in accordance with the Garfield
County ISDS regulations as contained in BOCC Resolution Number 1994H-
1 36.
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 lsDS systems under the county lsDS regulations (adopted by Bocc
Resolution 1994H-136) Any official performing an inspection shall abide by all
laws of search and seizure, as set forth by federal and state statutory and
constitutional provisions, in accessing the 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.
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
,,{t
not installed in conformance with or is out of conformance with any of thestandards established in this Resolution, applicable building .noio1" fire codes orspecific conditions of the Minor Permit, the'Minor Permit ,IyO" .r.pended orrevoked 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 saidagency or district has determined that the Minor Facility is out of comptiance withthat agency's or district's regulations. lf a Minor Permit'is revofeO, the previouslypermitted IVlinor Facility shall be immediately vacated and any installed structuresand infrastructure shall be removed within the fourteen (r+l clfenOar daysfollowing the date of revocation. Proof of removal shall be [roriO"O to theBuilding and Planning Department by 5:00 PM on the fourteentn lral calendarday' Such proof shall be in the form bf photo documentation rignJo and dated bythe Compliance Officer.
D' Effect of a Revoked Permit: A revoked Minor Permit shall not be renewed, and arequest for approval of a Minor Facility at the same location shall be processedas a new application.
E' Liability: Owner of the subject lot.and the operator of the Minor Facility are eachindividually responsible for compliance with the regulations contained in thisZoning Resolution and, specifically, Sectio n 5.02.22.
F' Three (3) Revoked Permits: Upon revocation of three (3) Minor permits, theBuilding and Planning Director shall refer the fourth f+inj anJ art ruture MinorPermit applications by the offending operator to the Bocc. The Bocc shailreview such applications as a request ior a Special Use permit, in accordance
3llllr: Major Facility regulations contained in Section s.02.21of this ZoningResolution.
G' The offending operator may be allowed to submit future applications for MinorPermits iolI"yl"* and approval by the administrative process containeo inSection 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 Operatorand only at the BOCC,s sole discretion.
The use, "Minor Temporary Employee Hol:ilg-.frcility (Subject to review and approvat perprocedure and requirements of section 5.02.2r)" will be'addLd as a use by right in the 3.01 A/1,3.02 A/R/RD, 3.03 RlsD, 3.04 RLUD, 3.05 RGSD, 3.06 ROUO, 3.07 CL, 3.08 CG, 3.09 OS,3.10 RL,3.1 1 R/MHtGtUD,3.12Lt,3.13 pA,3.14 DWC, S.rs cowc.
Small Facility - (Occupied by up to 8 peopte)
Use by Right with performance Standards
Section 5.02.23: S
(1) Sl3ll Facilities, in the nature of manufactured homes [as defined under C.R.S. 42-1-102(106) (b)l but NOT recreational vehicles [as defined under C.R.S. 42-1- 102 (611,
including truck, truck tractor, motor home or camper trailer, may be utilized for
housing of workers on projects related to commercial, industrial, mineralextraction or
highway operations, pursuant to the standards for Small Facilities contained in sub-
section (2), below. Such facilities are subject to all applicable requirements of Garfield
County building and fire codes (building iode, fire coOe;, state and federal permits and
relevant fire protection district(s) fire code requirements.
small Facilities shall have all of the foilowing basic characteristics:
A. The Small Facllity 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 oil/gas well pad) in which
reclamation and revegetation are secured with the permitting agency (permitted
Site); and,
B. The Small Facility is located at the Permitted Site for less than a cumulative of
one (1) year and at the end of the utilization period, ail structures, foundations
and associated infrastructure are completely removed; and,
C. The Small On-Site Temporary Employee Housing Facility shall accommodate a
maximum_of eight (8) employees, contractors or subcontractors of the operator of
the small facility at any one given time 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, or consist of Recreational Vehicles, as defined above, are subject to
the administrative permit requirements or the special use review process,
standards and requirements contained in Section 5.02.21(Major permit) or
5.02-22 (Minor Permit) and the enforcement provisions contained therein, and in
Section 9.01.06.
(2)The Small, On-Site Temporary Housing Facility shall adhere to the following Small
Facility Standards:
A. Small Facility must comply with all applicable federal, state and local laws and
regulations.
B. The Small Facility shall NOT contain recreationalvehicles as defined in Section
(I) of 5.02.23.
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 operaior shallconduct monthly tests (or quarterly if an on-site disinfection system is installed)
and maintain records of stored potable water samples specifit for coli form
bacteria. Any tests indicating coliform contamination must be disclosed to theGarfield County Board of Health or designee within 72 hours from the time the
contaminated water was tested.
D. 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
, ,{f
stored at the Sm.a.ll F.acility for operational or security reasons must be managedin accordance with all applicable federal, state and local laws
"no oguiriionr.
E' At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shail beprovided for each manufactured home or recreational vehicle unit. Saidcontaine(s) must be durable, washable, non-absorbent metal or plastic withtight-fitting tids.
F. Refuse shail be disposed of weekry,. at a minimum. operators must keepappropriate records, to be provided to the county or rny int"r"rted thirJpartyupon request, to demonstrate that refuse is colletted in a timely fasnion anOdisposed of at a licensed facility.
G' outdoor food storage is prohibited unless facilities that prevent the attraction ofanimals to the Small Facility are provided.
H' Manufactured home equipped by the manufacturer with a flre sp1nkler system,fire detection system, and/or araim system shail be insfecteo, tested, andmaintained in accordance with 2oo3 rFC s9o1 4 ino s5or.6 and as required bythe relevant fire protection district(s). smdke ararms JnJ ,rnrrr flre ararmsystems shall be installed, inspected and maintaineoin ail other manufacturedhomes in accordance with 20d3 rnternationar Fire code (rFC) s907.2.9 ands907.2.1 0 and the requirements of the retevanifir;;;;".tion districts.
l' Single-station carbon monoxide alarms shall be placed in each manufacturedhome.
J' one (1) or more.approved.fire extinguishe(s) of a type suitable for flammableliquids, combustibte materiars and eGctricririr"riiiSrr-nac;, or dry chemicar,shail be rocated in each manufactured home and bra;;d in accordance withapplicable codes.
K. Domestic animars are prohibited at ail smail Facirities.
L' A water storage tank shall be required to provide water to the sprinkler systemand initial suppression activities. The size of the water tanr snatt be determinedbased on sprinkler calculations and initial rrppr"iso, oemanos. The size of thewater slorage tank shall be determined by the relevant fiie protection district orsherriffs office (if not rocated within a fire protection district).
M' The operator shall document all emergency.situations requiring action by anygovernment agency or fire protection distriit, in writing, and sulh OocumLnialionshall be presented to the Buirding and pranning D;;;;;""1and Garfierd countySheriffs Office within 24 hours oitne occurrence.
N' All required Access Permits shall be obtained from the Garfield county Road andBridge Department or the cororado Department of rransportation.
o' The Garfield county sheriffs office and.relevant fire protection district(s) shall benotified at reast 24 hours prior to instailation ano ,emovaior
"r.n s;;ili;ilty
-
d ra
The Building and Planning Department shall be copied on all such notification,whether hard copy or electronic.P' The operator shall certify the installation of the Small Facility in accordance withthese standards. This certification may be performed by a qrriin"o employee ofthe operator by a qualified third party. The Operator shall maintain records ofthis certification and those records shall be made available to the Building andplanning Department, upon request.
Q. Wastewater Disposal:
i. Vault system: All vault systems shall be designed and installed toaccommodate the maximum number of persons, identified who willinhabit the small Facility. ln addition, all vault systems ,nrrr u" equippedwith an overflow ararm device. vaurt systems sirail be designed toaccommodate a minimum of 75 gallons of wastewater per person perday. lf a vault system is proposed or has been appror"O, tn"ApplicanVOperator must:
a. Demonstrate that year-round vehicurar access is avairable andmaintained for safe and regurar access for sewage hauringvehicles.
b. Provide a copy of the contract for hauling sewage.
c. Maintain allsewage disposal records including but not limited totrip logs/reports and landfill receipts as public-records, available tothe county and/or any other interested iniro party upon request.
d. lf the totar waste production from a facility will be 2000 gallons perday or greater based on a production of is gailons of wastewatergeneration-per person per day, then the tacitity shail be servicedby an lsDS. Hauled sewage ind wastewater iervice shall not bepermitted for any facility which will generate a total of 2000 gallons
of wastewater and sewage per day.
iii' Ind.ividual Sewage PitpgTt System (ISDS): tf an |SDS is proposed, thenit shall be designed, installed ind operated'to accommodate themaximum number of persons who will inhabit the small Facility and shallotherwise be permitted and operated in accordance with the Garfield
9glty lsDS regutations as contained in Bocc Resolution-Number
1 994H-1 36.
The use, "Small on-Site Temporary Employee Housing Facility in compliance with section5.02.23" wiil be added.as 1 y9e_uyiight in the 3.01 A/t,-3.02 nrRlRo, 3.03 RLSD, 3.04 RLUD,3.05 RGSD,3.06 RGUD,3.07 C[, g.oa cc,3.o9 0s,3.10 i1,3.11 R/MH/G/UD,3.12Lr,3.13PA,3.14 DWC,3.1 5 CDWC
Definitions:
,*
The use' during times.of housing shortage, of manufactured homes and/or recreational vehicles(with the exception that smaliFacilities shall not include recreationat vehictes persection 5'02'23) as removable housing for workers *h" ,i" engaged in a commercial,industrial, mineral extraction or highwa! operation and who are needed onsite for the properexecution and safety of the related operation, including:
1' small Facilities which may be occupied by a maximum of eight (g) people at any given timeon a "Permitted Site", as defined in section 2.02.+Zl;
2' Minor Facilities *ll..h may be occupied by nine (9) to twenty-four (24) peopte at any giventime on a "permitted Site',, as defined in section Z.dZ.lZl ;
3' Major Facilities which mgv !e occupied by twenty-five (25) or more people at any given time;or which may be occupied..by fgr,yer people uut are irot ;A;lty tocated on a ,,permitted site,,; orwhich are planned to be utilze-d for i petioo o! tlme tong"rltirn one-year; or otherwise meet therequirements of Section S.02.21and Section 5.02.22.
2.02.421 Permitted Site:
A parcel of land, generally a portion of a lot, as defined in section 2.o2.32,designated for acommercial, industrial, mineral extraction_or highway op.rrti- for which a federal or statepermit is issued. To meet the definition of 'Periritt"d ait;;, ;Jch permit must grant the approvatof the appropriate state or federal agency for the "orrlidi"[ inoustriat, ertra"ction or highwayactivity(ies) and must.require the pr6vlsion of security toi'ne rectamation (includingrevegetation) of the site.
-
Page I of 1
David Pesnichak
Larry McCown
Sent: Thursday, February 28,ZOO} 12:43pM
To: David Pesnichak
Cc: GARCO Attorney
Subject: RE:
That is exactly what I expected because that is what I was told was going to happen the day I called theplan ni ng/attorney statf meeting.
From: David Pesnichak
Sent: Thursday, February 28, 200g 9:53 AM
To: La rry McCown ;' la rrya nddeemccown @starband. net,
Cc: Fred Jarman; Tresi Houpt; John Martin
Subject:
HiLarry,
I had a chance to discuss your concerns w_ith Fred this morning regarding the new staff Memo (emailed outyesterday ev-ening) regarding T_emporary Employee Housing dr th-e naarin ro nearint we appieciatetnefeedback. wha! I explained to Fred was that ihe'noticing to ine snerir and Fire oiitriEt are verified by the sign-offs r-equired along with.the Building Permit under the P;C and Staff recomr"noEo bplion. The matrix looksspecifically at reducing the various iequirements currently in the Staff recommendation down to the minimumplausible (right-hand column). Since the noticing to the Sireriff and Fire District was in our minds tide to theissuance of the Building Permit, it was not incluied with any opiion that did not include the issuance of a BuildingPermit' I understand that you would like see the notificationreiuirements lalong wiin essentialy the more or lessstandard 22 conditions we- currently place 9n ]emporary Empldyee Housing raiiritieil-as apart of thePerformance Standards. We can cbrtainly include the tinguage'requiring nStification io the Sheriff and FireDistrict within the Performance Standardi, but please und'ersLnd tnat wltn
"r""piion to .".". where there is aspecific complaint, there would be no follow-up on behalf of the County to ensuiS inat sucn notifications tookplace or that the information which is provided' to the Sherriffs Department or Fire District is adequate for theirneeds.
I hope this helps ctarify the Staff Report.
Best,
Dave
David Pesnichak
Senior Planner - Long-Range
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Tel: (970) 945-8212
Fax: (970)384-3470
Email : dpesniqha k@garfietd-ea untv. com
w\
^ry,
gadield -cqu nty. com
EXHIBIT5boDc
2129/2008
Page I of 1
EXHIBITrDavid Pesnichak
From:
Sent:
To:
Cc:
Subject:
Attachments:
Ail,
Doug Dennison [ddennison@cordcomp.com]
Monday, March 03, 2008 1 1:13 AM
Tresi Houpt; John Martin; larryanddeemccown@starband.net; Larry McCown; David
Pesnichak
Walker, Deanna J; Dave.cesark@williams.com; Linster, Brenda; Stoodt, Amy L.
Updated Draft Temp Housing Regulations
Draft TEH Regs 022608.pdf
Enclosed is a revised draft of the temporary employee housing regulations proposed by the oil and gas
industry working group in the comments submitted to you on February 12,2008. The draft regulations
were revised to fix a few typos, clarify language regarding compliance with the building and fire codes
to be consistent with our comments, and providing suggested language for the third-party certification
of Small and Minor facilities. The changes made in the enclosed draft are highlighted to make it easier
for you to review. lndustry representatives are prepared to discuss the proposed changes with you
durlng your hearing on March 10,2008. ln the meantime, if you have any questions or require
additional information, please let me know. Thanks.
DoUG DENNISoN
Assocrere GEoLoctsr
mai lto : d-o_u gdennrs pn@cqrdcom p. com
ffi Cordillera;,-rt"-"r.*le
CoRDTLLERAN CoMpL|ANcE SERV|cEs, lNc.
826211/2 RoAD
GRaruoJuNcnoN, CO81505
T:970-263-7800 x2016
C:970-270-2853
F:970-263-7456
3/1012008
Major Permit - (Occupied by 25 or more people)
5.02.21 Special Use Permits for Major Temporary Employee Housing Facilities ("Major Permit"):
I]Ifl)-At times of severe housing shortage, extremely remote locations or other
emergency conditions, special use permits for Major 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 -1 02 (61), with the
addition that such truck, truck tractor, motor home or camper trailer is being used for
temporary living quarters and not recreational purposesl may be granted for projects
within Garfield County related to commercial, industrial, mineral extraction or highway
operations of substantial size in any zone district by the County Commissioners
through the special use permit process. Such housing shall be of a temporary nature.
Atthe expiration of the permit, the lands shall be restored and all housing structures
and associated infrastructure shall be removed. Review of the permit shall be subject to
SS€r9.03 and 55.03 of the Garfield County Zoning Regulations of 1978 as Amended.
All Special Use Permits for Major Temporary Employee Housing Facilities +s-glg
subject to all applicable building code, state and federal permit requirements, fire
protection district requirements and fire code requirements.
ta*
(3) Major Temporary Employee Housing Facilities shall have at least one of the following
basic characteristics:
A. The Major Temporary Employee Housing Facilities or any associated
infrastructure (including ISDS) ("Major Facility(ies)") is not completely
contained within a State or Federally regulated parcel (such as a Colorado Oil
and Gas Conservation Commission (COGCC) approved oil/gas well pad) in
which reclamation and revegetation standards are guaranteed by contract
with the permitting agency; or,
B. The Major Facilities are to be located at the permitted site for more than a
cumulative of one (1) year; or,
C. The Major Facility shall accommodate twenty five (25) or more employees,
contractors or sub-contractors of the operator of the small facility at any one
given time and are needed for onsite safety of the related commercial,
industrial, extraction or highway operation.
(2) Temporary Employee Housing Facilities accommodating24 or fewer people at any one
given time, will be on location for less than a cumulative of one (1) year and are
completely contained within a state or federally permitted parcel (i.e. "Minor Facilities"
or "small Facility") are subject to the review processes and standards contained in
Section 5.02.22 and Section 5.02.23 and the enforcement provisions of Section 12 and
Section 9.01 -06.
(3) Special Use Permits for Major Facilities: The applicant shall submit an adequate site
plan, consistent with Section 9.01.01 and including proposed water supply, proposed
method of sewage treatment and names and addresses of adjacent property owners.
(A) Water and wastewater systems proposed to service Major Facilities must
comply with all applicable state and local laws and regulations. ln addition, all
sewage must be disposed of on-site using an lndividual Sewage Disposal
System (ISDS) unless the applicant can prove:
Formatted: Numbered + Lsel: 1 +
Numbering Style: 7, 2,3, ... + Stdrt at: 1 +
Alignment: Left + Aligned at; 24 pt + Indent
at: 42 pt
'1, That, at the discretion of the Garfield County Board of Health, an
ISDS system is not feasible due to environmental, topographic or
engineering conditions where the temporary housing is to be rocated;
or
2. That, at the discretion of the Garfield County Board of Health, year_
round access is avairabre and maintained for safe and regurarLccess
for sewage hauring vehicres. rn addition, the foilowing conditions must
be met:
a. The applicant must demonstrate and guarantee an
arrangement for hauling sewage; andb. The applicant must maintain all records including but not
limited to trip logs/reports and landfill receipts; andc. 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; andd. The temporary housing must not exceed a cumulative of one
(1) year at an approved location; and,e. These facilities shall be designed to accommodate 75 gallons
of wastewater per person per day.f. lf the total waste production from a facility will be 2000 gallons
per day or greater based on a production of 75 gallons of
wastewater generation per person per day, then the facility
shall be serviced by an ISDS. Hauled sewage and wastewater
service shall not be permitted for any facility which will
generate a total of 2000 gallons of wastewater and sewage
per day.
(B) For sites where potable water is hauled to and wastewater is hauled out,
applicants must keep appropriate records, to be provided to the county uponrequest to demonstrate that water supplied to a site is from an approved
source and that wastewater is disposed of at an approved facility. For water
facilities not permitted by the Colorado Department of Health an-d
Environment (cDPHE), the operator must conduct monthly tests (or quarterly
if an on-site disinfection system is installed) and maintain iecords'of storedpotable water samples specific for coli form. Any tests indicating coli form
contamination must be disclosed to the Garfield county Board of Health or
designee. water systems permitted by the colorado Department of Health
and Environment (cDHPE) must obtain all necessary state permits prior to
the.scheduling of a special Use permit for a Major pLrmit public hearing and
maintain continuous conformance to state regulations at ail times aurini
operation of the Major Facility.
(c) ln no case shall unsafe water be used for drinking nor shall raw sewage or
contaminated water be discharged on the ground surface.
(D) special use Permits for Major Facilities must be related to one or more
commercial, industrial, mineral extraction or highway operation locations and
shall be limited to a spacing of at least one (1) mile tetween Major Facilities,
regardless of land ownership or operator. special Use permits for Major
Temporary Employee Housing Facilities for oil and gas extraction purposes in
the Resource Lands (RL) zoning districl may be exempted by the Bocc from
the one mile spacing if the operator can prove that the housing structures and
all supporting infrastructure will be contained within the Colorado Oil and Gas
Commission (COGCC) approved well pad and there will be no new additional
land disturbance outside of the COGCC approved well pad area. lf the
applicant is applying for a Special Use permit for Major Facilities on an
approved COGCC well pad, the applicant must provide the relevant approved
APD permit indicating housing location(s) along with the application for a
Special Use Permit for Major Facilities.
(4) The maximum allowable time length of the special Use permit for Major Temporary
Employee Housing Facilities is one (1) year. For good cause shown, ihe permit may
be renewed annually in a public meeting with notice by agenda only. Annual renewal
review shall be based on the standards herein as well as all conditions of the permit.
A permit may be revoked anytime through a public hearing called up by staff or the
Board of county commissioners. By way of example and not limitation, continued
non-availability of a permanent housing inventory or the nature of the construction or
extraction project may constitute "good cause" for renewal. The applicant must
provide an estimated total cumulative length of time the Major Facility(ies) will be at
the proposed location along with a statement of intentions to requesi renewal past the
one year expiration date as part of the special Use permit for Major Facilities
application. Failure to provide a statement of intention for renewal will prohibit the
special Use Permit for a Major Facility(ies) from future renewal consideration.
(5) Temporary housing shall be located at a site authorized by the Board of county
Commissioners and identified on the relevant site plan submitted with the Special Use
Permit for a Major Facility(ies), lnhabitants of the Major Facility shall be applicant,s
employees and/or subcontractors, working on the related construction or mineral
extraction operation, and not dependents of employees, guests or other family
members.
(6) Major Facilities shall be maintained in a clean, safe and sanitary condition, free of
weeds and refuse. Any hazardous or noxious materials that must be stored on site for
operational or security reasons must be managed in accordance with all applicable
federal, state and local laws and regulations.
(A) Fire Protection; General Requirements:
i. Provisions shall be made for giving alarm in case of fire. lt shall be the
responsibility of the duly authorized attendant or caretaker to inform all
employees about means for summoning fire apparatus, sheriffs office and
resident employees. All fires are subject to $$307 of the 2003 lnternational Fire
Code (lFC) including but not limited to permits, attendance, open flres, coal
grills, fire bans and bon fires. one (1) or more approved extinguishers of a type
suitable for flammable liquid, combustible materials or electrical fires (Class A,
class B and class c), or dry chemical, shail be located in an open station so
that it will not be necessary to travel more than one hundred (100) feet to reach
the nearest extinguisher. A water storage tank shall be required to provide
water to the sprinkler system and initial suppression activities. The size of the
water tank shall be determined based on sprinkler calculations and initial
suppression demands.
ii, Manufactured home or recreational vehicle units equipped by the manufacturer
with a fire sprinkler system, fire detection system, and/or alarm system shall be
(7)
(8)
inspected, tested, and maintained in accordance with 2003 IFC $$901.4 and
9901.6 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 $$907.2.1 0 and the
requirements of the relevant fire protection districts.
iii. Single-station carbon monoxide alarms shall be placed in each manufactured
home or recreational vehicle unit.
(B) \Mldlife-proof refuse containers must be provided for trash. At least one thirty (30)
gallon (4 cubic feet) container shall be provided for each unit or the equivalent in a
ientral trash collection facility. Said container(s) must be durable, washable, non-
absorbent metal or plastic with tight-fitting lids. Refuse shall be disposed on not
less than once weekly.
(C) Outdoor food storage is prohibited unless facilities that prevent the attraction of
animals to the Major Facility(ies) site are provided.
(D) The applicant shall provide a detailed map and GPS coordinates to the Garfield' ' County Sheriffs Office and the relevant Fire Protection District which is sufficient
for emergency response purposes, including location of the Major Temporary
EmployeE Housing Facilities site; private and public roadways accessing the site,
marked as open, gated and/or locked; and detailed directions to the site from a
major public right-of-way. The map is subject to approval by the Garfield county
Sheriffs Offlce and relevant Fire Protection District.
lf structures, requiring Building Permits under the Garfield County Building Code, are
constructed for the commercial, industrial, highway project or mineral extraction
operation related to the Special Use Permit for Major Facilities upon expiration or
revocation of the permit Certificates of Occupancy for such structures shall be
withheld until the temporary living quarters are removed and the site is restored to the
satisfaction of the Coun$ Building and Planning Director.
lf a Special use Permit for Major Facilities is granted, the Applicant shall notify the
county when site development begins. The applicant shall verify in writing, by site plan
and through photo documentation that the site, water system, and sewage disposal
system were designed, installed and inspected in accordance with the said special
uie permit and comply with all applicable regulations, permits, and conditions. All
written documentation and site plans verifying compliance must be stamped by a
certified Colorado Engineer. The county also reseryes the right to inspect a site'
without notice, to assess compliance with the Special Use Permit for Major Facilities.
A determination of noncompliance with any Special Use Permit for Major Temporary
Employee Housing Facilities, or condition approval thereof, is grounds for revocation
or suspension of said permit, in accordance with Section $S9.01.06.
lf there is suitable permanent housing inventory available in an area near the
commercial, industrial, highway project or mineral extraction operation, as determined
at the discretion of the BOCC, the Special Use Permit for Major Temporary Employee
Housing Facilities shall not be granted.
(e)
(10) No animals shall be allowed at Major Temporary Employee Housing Facilities.
(11) ln evaluating a request for a Special Use Permit for Major Temporary Employee
Housing Facilities, the County Commissioners may require compliance with additional
conditions of approval as may be needed to ensure the health, safety and welfare of
the public. (A.81-263)
(12) The applicant shall submit as part of the Special Use Permit for Major Temporary
Employee Housing Facilities, a reclamation and revegetation plan for each specific
site addressing all points in section eleven ('1 1) within this $55.02.21,
a. Debris and waste materials, including, but not limited to structures, concrete,
footings, sewage disposal systems and related infrastructure, water storage and
related distribution infrastructure, roads, and other sand, plastic, gravel, pipe and
cable shall be removed. All pits, cellars, and other holes will be backfilled as soon
as possible after all equipment is removed to conform to surrounding terrain. All
access roads to the site and associated facilities shall be closed, graded and
recontoured. Culverts and any other obstructions that were part of the access
road(s) shall be removed. Upon closure of a camp facility, wastewater tanks shall
be completely pumped out and either crushed in place, punctured and filled with
inert material or removed. Any waste material pumped from a wastewater tank or
waste debris from tank removal must be disposed of at an approved facility that is
permitted by CDPHE and/or Garfield County to receive said wastes. Materials may
not be burned or buried (other than ISDS) on the premises. All disturbed areas
affected by Major Temporary Employee Housing Facilities or subsequent
operations shall be reclaimed as early and as nearly as practicable to their original
condition and shall be maintained to control dust, weeds and minimize erosion. As
to crop lands, if subsidence occurs in such areas additional topsoil shall be added
to the depression and the land shall be re-leveled as close to its original contour
as practicable. Reclamation shall occur no later than three (3) months after the
Special Use Permit for Major Temporary Employee Housing Facilities expires Or
is revoked unless the Director or designee extends the time period because of
conditions outside the control of the applicant.
b. All areas compacted by Major Temporary Employee Housing Facilities and
subsequent operations shall be cross-ripped. On crop land, suck compaction
alleviation operations shall be undertaken when the soil moisture at the time of
ripping is below thirty-five percent (35%) of field capacity. Ripping shall be
undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is
encountered at a shallower depth.
c. When a Major Temporary Employee Housing Facilities site is removed, all
disturbed areas will be restored and revegetated as soon as practicable. For
disturbed areas not regulated by the Colorado Oil and Gas Conservation
Commission, the following regulations will apply:
(1) Revegetation of crop lands. All segregated soil horizons removed from crop
lands shall be replaced to their original relative positions and contour, and
shall be tilled adequately to re-establish a proper seedbed. The area shall
be treated if necessary and practicable to prevent invasion of undesirable
species and noxious weeds, and to control erosion. Any perennial forage
crops that were present before disturbance shall be reestablished.
(2) Revegetation of non-crop lands. All segregated soil horizons removed from
non-crop lands shall be replaced to their original relative positions and
contour as near as practicable to achieve erosion control and long-term
stability, and shall be tilled adequately in order to establish a proper
seedbed. The disturbed area then shall be reseeded in the first favorable
season. Reseeding with species consistent with the adjacent plant
community is encouraged. ln the absence of an agreement between the
applicant and the affected surface owner as to what seed mix should be
used, the applicant shall consult with a representative of the local soil
conservation district to determine the proper seed mix to use in revegetating
the disturloed area.
During occupation and reclamation operations, all disturbed areas shall be kept
free of Garfield County and State of Colorado List A and B noxious weeds.
successful reclamation of the site and access road will be considered completed
when:
(1) On crop land, reclamation has been performed as perlll (c)(l) of this
section, and observation by the Director or designee over two growing
seasons has indicated no significant unrestored subsidence.
(2) On non-crop land, reclamation has been performed as per 11 (c)(2) of this
section, and the total cover of live perennial vegetation, excluding noxious
weeds, provides sufficient soils erosion control as determined by the
Director through a visual appraisal- The Director or designee shall consider
the total cover of live perennial vegetation of adjacent or nearby undisturbed
land, not including overstory or tree canopy cover, having similar soils, slope
and aspect of the reclaimed area.
(3) A final reclamation inspection has been completed by the Director or
designee, there are no outstanding compliance issues relating to Garfield
County rules, regulations, orders or permit conditions, and the Director or
designee has notified the applicant that final reclamation has been
approved.
f. Specifically as to revegetation, the applicant shall provide security for revegetation
of disturbed areas in amount and in accordance with a plan approved by the
Garfield County Vegetation Management Department. The security shail be held
by Garfield County until vegetation has been successfully reestablished according
to the standards in the Garfield County Vegetation Management Plan adopted by
resolution No. 2002-94, as amended.
Minor Permit - (Occupied by 9 to 24 people)
5.02.22 - Administrative Permit for Minor Temporary Employee Housing Facilities (Minor
Permit):
d.
(1) Minor Temporary Employee Housing Facilities, in the nature of manufactured homes
[as defined under C.R.S. 42-1 -1 02 (1 06) (b)] and/or recreational vehicles [as defined
under c.R.s. 42-1 -1 02 (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. sueh faeilities are subieet te ail applieabte requirements ef
federal
permits and relevant fire proteetren distriet(s) fire eede requirements.
Minor facilities are not subject to.Ga$jeld ,Countv buildinq ?nd fire =c_gdes but _shall have..
all of the following characteristics
eha+aeteristies:
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 (l) year; and,
C. The Minor Facility shall accommodate nine (9) to twenty-four (24) beds
employees, contractors or sub-contractors of the operator of the small facility at
any one given time 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., accommodate 8 or fewer people, on location for more than a cumulative of
one (1) year or not completely contained within a permitted site, i.e. "Small Facility,' or
"Major Facilities", are subject to the review processes and standards and requirements
contained in Section 5.O2.21 or 5.02.23 and the enforcement provisions of Section 12
and Section 9.01"06.
(2) General Minor Permit Application Requirements: The Applicant shall submit an
application, on a form provided by the Building and planning Department (Department)
and be issued a Minor Permit by the Director prior to commencing installation of the
Minor Facility.
A. Minor Permit and Area wide Development plan (AWDp) : Each Minor Facility
application shall be reviewed by the Director and an administrative determinition
permitting of each Minor Facility, in accordance with the process and timelines
contained 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, Ieading to multiple Minor permits. Approval of an AWDp,
Formatted: Indent: Left: 45 pt, First line: 0
pt
IoTattgiFogilpt
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however, does not guarantee approval of each Minor permit. Administrative
review is required for permitting of each Minor Facility, in accordance with the
process and timelines contained in Section 5, below.
B. ldentity of Applicant: The Applicant for a Minor permit or for approval of an
AWDP must be the owner of the surface estate of the subject lot
(Owner),consistent with Section 9 of this Zoning Resolution. lf a representative is
acting on behalf of the owner, an acknowledgement from the owner shall be
included with the application submittals required by section 4, below. such an
acknowledgment may be in the form of a letter of authority/agency or a lease,
s_urface 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 and permission to process applications
for land use and$ui.ld.ing-eode,permits on behalf of the Owner(s). The
representative may be the operator of the Minor Facility(ies) (operator), a land
use planner, engineer, consultant or any other type of authorized
representative/agent.
c. Public Notice: At the time of submittal of an application for a Minor permit or
approval of an AWDP, the Applicant shall demonstrate that notice was mailed to
adjacent property owners within 200 feet of the subject lot or 200 feet from the
Permitted Site if the Permitted Site is within the Resource Land Zone
District, 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 defined in Section 24-65.5-.lOl et seq., C.R.S., as
amended) under the subject lot or under the Permitted Site if the Permitted
Site is within the Resource Land Zone District, 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 reconsidiration 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 sections 3 and 4,
below.
(3) Submittal Requirements for an AWDP: At a minimum, the Applicant for approval of an
AWDP, along with the submittals listed in Section 2, above, shall submit:
A. A master map/site plan in accordance with section 4(H), below, identifying the
proposed location and anticipated layout for all Minor Facilities to be instailed
within the AWDP. site specific, surveyed maps depicting the location of each
Minor Facility, located within the Permitted Site wlthin 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 Sheriffs Office and relevant fire protection
district consistent with Section 4(A) and (B), below.
D. A legible photo of the state or federal "certifying stamp" for each housing unit
antidipated to be used within the AWDP.P
unit meets eurrent building cede and Garfield geunty fire eede requirem€nts:
E. A general description of infrastructure and services listed in Section 4(C) - (E),
beiow. 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 A\A/DP was
prevlously approved:
A. 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.
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
q+e-eeee-reguiFefien{s=
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, lVRe anO -volume
of containers; name of hauler; frequency of collection; and identification of refuse
disposal site.
c.
F.A list of adjacent surface owners within 200 feet of the Subject Lot or 200 feet
from the Permitted Site if the Permitted Site is within the Resource Land
Zone District, as identified in the Garfield County Assessor's records, and a list
of separated mineral estate owners in the subject lot or the Permitted Site if the
Permitted Site is within the Resource Land Zone District, as identified in the
Garfield County Clerk and Recorders records. lf notice was given for an
approved AWDP in accordance with Section 2, above, notice need not be
repeated for each minor permit application submitted under that approved
AWDP.
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 .Ol 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 viciniiy map shall be presented on a
USGS 7.5 minute series quadrangle at a scale of 1 "=2OOO' or
equivalent, with a topography depicted at a minimum of 40' intervals.
ii. Surveyed layout of the proposed Minor Facility within the surveyed
boundaries of 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 Off ice dispatch locaiion 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
or the Permitted Site if the Permitted Site is within the Resource
Land Zone District.
v. Name, address and phone number, including a24-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
Ll.
H.
safety/evacuation plan; and any other written response plan for
potential emergencies at the Permitted Site.
vi. ldentification of the final dates of installation and removal of the Minor
Facility. The site plan shall include a notation of the total cumulative
length of time (number of days) that the Minor Facility will be installed
at the Permitted Site.
L The name, title, address, phone number and email address of the Operator's
employee or other authorized representative who is in charge of ensuring that the
Minor Facility is in compliance with the standards outlined in Seclion 5.02.22
("Operator's Compliance Officer").
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 (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 Minor
Facility once the state or federal permit for the Permitted Site has expired or is
othenrvise terminated.
(5) Timeframe of Review and Administrative 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 (l 4) calendar days of submittal. Once an application for a Minor Permit
oTAWDP 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 Minor Permit and issue the 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
B,
c.
A.
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 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 or the Permitted Site if the Permitted Site is within the
Resource Land Zone District, the Owne(s) of the subject lot or the Permitted Site if
the Permitted Site is within the Resource Land Zone District separated mineral
estate owners, and/or the Board of County Commissioners (BOCC) to reconsider the
determination made by the Director. The Director's determination shall become final
only after the expiration of this fourteen (1 4) calendar day period, and only if the
determination is not reviewed and acted upon by the BOCC at a subsequent
reconsideration hearing.
A. Request for Reconsideration of Decision.
i. Written Request. The Applicant (and the Owner, if the Owner is
represented as detailed in (2)(B), above), an adjacent property owner
within 200' of the subject lot or the Permitted Site if the Permitted Site
is within the Resource Land Zone District, or the mineral estates
owners as defined in subsection iv, below, aggrieved by the
Direclor'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 by Mail. .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 adjacent property ownens within 200 feet of the subject
lot or 200 feet from the Permitted Site if the Permitted Site is within
the Resource Land Zone District as identified in the Garfield
B.
County Assessor's Records; the Owner (unless the Owner is the
aggrieved party); and separated minera! estate ownerc (as defined
in Section 24-65.5-10l et seq., C.R.S., as amended) under the
subject lot or under the PermitGd Site if the Permitted Site is within
the Resource Land Zone District as identified in the records of the
Garfield County Clerk and Recorder. (Note: the aggrieved party need
not notice dse/fl 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.
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.
Call-up by Board. \Mthin 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
A\A/DP is located.
iii. Notice by Mail. . 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 adjacent property owners within 200 feet of the subject
lot or 200 feet from the Permitted Site if the Permitted Site is within
the Resource Land Zone District, as identified in the Garlield
County Assessor's Records; the Owner (unless the Owner is the
aggrieved party); and separated mineral estate ownerc (as defined
in Section 24- 65.5-10l et seq., C.R.S., as amended) under the
subject Iot or under the Permitted Site if the Permitted Site is within
the Resource Land Zone District as identified in the records of the
Garfield County Clerk and Recorder. 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.
(7)
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.
The Minor Facility shall adhere to the following Minor Permit standards:
A. Minor Facilities must comply with all applicable federal, state and local laws and
regulations.
B. Operator must keep and maintain appropriate records, to be provided to the
County or any interested third party upon request, to demonstrate that potable
water supplied and sewage and wastewater meet the representations contained
within the application, as required by Section 4(C) and (D) above.
C. In 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 contaminatlon must be disclosed to the
Garfield County Board of Health or designee within 72 hours from the time the
contaminated water was tested.
D. Minor Facilities shall be maintained in a clean, safe and sanitary condition, free of
weeds and refuse. Any hazardous or noxious materials that must be stored at the
Minor Facility for operational or security reasons must be managed in
accordance with all applicable federal, state and local laws and regulations.
E. At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be
provided for each manufactured home or recreational vehicle unit. Said
container(s) must be durable, washable, non-absorbent metal or plastic with
tight-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, and/or 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 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. Inhabitants 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. lf a fire sprinkler system is required bv State or local reoulations. a 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 Facilig 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
O. 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.
P. All required Access Permits shall be obtained from the Garfield County Road and
Bridge Department or the Colorado Department of Transportation.
Q. The Garfield County Sheriffs Office and relevant fire protection district(s) must be
notified at@atien within 72 hours of the habitation and
or removal of each Minor Facility. The Department shall be copied on all such
notification, whether hard copy or electronic.
R. 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.
S. The Ooerator shall certifv the installation of the Small Facilitv in accordance with
these standards. This certification shall be performed bv a qualified third party
and the ceftification shall be sioned by a third-oartv professional enoineer (PE)
licensed in Colorado. The Ooerator shall maintain records of this certification
and those records shall be made available to the Buildino and Plannino
Department. upon request.
IS Wastewater Disposal:
i. Vault System: AII 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
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.
d. lf the total waste production from a facility will be 2000 gallons per day
or greater based on a production of 75 gallons of wastewater generation
per person per day, then the facility shall be serviced by an ISDS.
Hauled sewage and wastewater service shall not be permitted for any
facility which will generate a total of 2000 gallons of wastewater and
sewage per day.
erii., 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 otherwise be operated in accordance with the Garfield
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
Formatted: Indent: Left: 96 pt, No bullets or
numbering
representative(s), to determine if SUCh are in compliance with this ZoningResolutionand,specifically,Section5.02.o2,@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.
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, 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 (14) calendar days
following the date of revocation. Proof of removal shall be provided to the
Building and Planning Department by 500 PM on the fourteenth (1 4) 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 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 Zonlng
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.
The use, "Minor Temporary Employee Housing Facility (Subjecl to review and approval per
procedure and requirements of Section 5.02.22)" will be added as a use by right in the 3.01 tul,
3.02 A/R/RD, 3.03 RLSD, 3.04 RLUD, 3.05 RGSD, 3.06 RGUD, 3.07 CL, 3.08 CG, 3.09 0S,
3.10 R1,3.1 1 R/MH/ctUD,3.121t,3.13 pA,3.14 DWC,3.15 CDWC.
Small Facility - (Occupied by up to 8 people)
Use by Right with Performance Standards
Section 5.02.23: Small. On-Site Temoorary Employee Housing (Small Facilitv(ies))
(1) Small Facilities, in the nature of manufactured homes [as defined under C.R.S. 42-1-102
(106) (b)l but NOT recreational vehicles [as defined under C.R.S. 42.1- 10 2 (611,
including truck, truck tractor, motor home or camper trailer;--may41gy be utilized
for housing of workers on projects related to commercial, industrial, mineral extraction or
highway operations, pursuant to the standards for Small Facilities contained in sub-
section (2), below.
Ceunty-budding-aad{re-oodes{building eede, fire eode), state andfederal permits and
rctevan++ire-pre+e*iond+stf iet{€}+ire-€ode-r€quirernen++
Small facilities are not subiect to Garfield Countv buildinq and fire codes but shall have
all of the following characteristics .ie
€l€+a€teFisti€s:
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, ail structures, foundations
and associated infrastructure are completely removed; and,
C. The Small On-Site Temporary Employee Housing Facility shall accommodate a
maximum of eight (8) employees, contractors or subcontractors of the operator of
the small facility at any one given time 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
Iisted above, or consist of Recreational Vehicles as defined above, are subject to
the administrative permit requirements or the special use review process,
standards and requirements contained in Section 5.02.21 (Major permit) or
5.02.22 (Minor Permit) and the enforcement provisions contained therein, and in
Section 9.01.06.
(2)The small, on-site Temporary Housing Facility shall adhere to the following small
Facility Standards:
Formatted: Font: 11 pt
A. Small Facility must comply with all applicable federal, state and local laws and
regulations.
B. The Small Facility shall NOT contain recreational vehicles as defined in Section
(I) of 5.02.23.
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. Each Small Facility shall be maintained in a clean, safe and sanitary condition,
free of weeds and refuse. Any hazardous or noxious materials that must be
stored at the small Facility for operational or security reasons must be managed
in accordance with all applicable federal, state and local laws and regulations.
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
tighlfitting 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.
Manufactured home equipped b y the manufacturer with a fire sprinkler system,
fire detection system, and/or alarm system shall be inspected, tested, anj
maintained in accordance with 2003 IFC $S901.4 and 95901.6 and as required
by the relevant fire protection diskict(s). Smoke alarms and manual fire alarm
systems shall be installed, inspected and maintained in all other manufactured
homes in accordance with 2003 lnternational Fire Code (lFC) g9907.2.9 and
$5907.2.1 0 and the requirements of the relevantfire protection districts.
l. single-station carbon monoxide alarms shall be placed in each manufactured
home.
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 and placed in accordance with
applicable codes.
K. Domestic animals are prohibited at all Small Facilities.
L. *"te,
storage tank shall be required to provide water to the sprinkler system and initial
F.
G.
H.
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 districl or
Sherriffs Office (if not located within a fire protection districQ.
M. The operator shall document all emergency situations requiring action by any
government agency or fire protection district, in writing, and such documentation
shall be presented to the Building and planning Department and Garfield county
Sheriffs Office within 24 hours of the occurrence.
N. All required Access Permits shall be obtained from the Garfield county Road and
Bridge Department or the Colorado Department of Transportation.
O. The_Garfield County Sheriffs Office and relevant fire protection district(s) shall benotified nrgngremoval of each small Facility. The Building and planning Department shall be
copied on all such notification, whether hard copy or elecironic.P. The Operator shall certify the installation of the Small Facility in accordance with
these standards. This certification mafshallbe performed tiy a qu_#f,ed
@ualified third party and the certificat
?gned,by g t!,ird-pa enaad in Cotoradojne
Operator shall maintain records of this certification and tfrote recoras snatt Oe
made available to the Building and planning Department, upon request.
Q. Wastewater Disposal:
i. Vault System: All vault systems shall be designed and installed to
accommodate the maximum number of persons, identified who will
inhabit the smarr Facirity. rn addition, ail vaurt systems shail 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. lfa vault system is proposed or has been approved, the
ApplicanUOperator must:
a. Demonstrate that year-round vehicular access is available and
maintained for safe and regular access for sewage hauling
vehicles.
b. Provide a copy of the contract for hauling sewage.
c. Maintain all sewage disposal records including but not limited to
trip logs/reports and landfill receipts as public records, available to
the County and/or any other interested third party upon request.
d. lf the total waste production from a facility will be 2000 gallons per
day or greater based on a production of 75 gallons of wistewaier
generation per person per day, then the facility shall be serviced
by an ISDS. Hauled sewage and wastewater iervice shall not be
permitted for any facility which will generate a total of 2000 gallons
of wastewater and sewage per day.
iii' rndividuar sewage Disposar system (rsDS): rf an rsDS is proposed, thenit sha, be designed, instared and operateito accommooate themaximum number of persons who will inhabit the imair racitity and shallotherwise be permitted and operated in accordance with the Garfieldcoyr.y rsDS regurations as contained in Bocc Resoiution Number
1 994H_1 36.
The use, "Smarr on-site Temporary Emproyee Housing Facirity in compriance with section5.02-23 wiil be added as a use oyiight in tire a or n,r s oz nrnyno- glos iLSO, 3.04 RLUD,3.05 RGSD, 3.06 RGUD, LioT cL, e.oa CC, 3.0;o's, s.ro RL, 3.ii'R/M;)cruo,s.tzlr, 3"13PA,3.14 DWC, 3..t 5 CDWC
Definitions:
The use' during times of housing-shortage, of manufactured homes and/or recreational vehicles(with the exceprion that smariFacrritiEs'straii not incrude ,".;i;;;i vehicres perSection s.02.23r as removabre housing for woit"r. *no are engaged in a commerciar,industriar, minerar extraction or highwa! operation and who are i"Eo"o on.it" ro,. the properexecution and safety of the related operation, including:
l small Facirities which may be.occupied by a maximum of eight (g) peopre at any given timeon a "Permitted Site,', as defined in section i.OZ.il :
2 Minor Facirities which may be occupied by nine (g) to twentyJour (24) peopre at any giventime on a "Permitted Site',, as defined in ".,"tiii.OZ.qZl ;
3. Major Facirities which may be occupied by twenty-five .(25) or more peopre at any given time;or which may be occupied. by fewer people oui are-not wholly located 6n
-a-,ipermitted
site,,; orwhich are planned to be utiliied tor a peiioo oitir* rong"r. than one-year; or othenvise meet therequirements of Section 5.02.21 anO Section S.bi.ZZ.
2.02.421 Permitted Site:
l-ry""r of,rand, generaily a portion of a lot, as defined in section 2.o2.32,designated for acommercial, industriar, mineral.extraction or highway operation for which a federal or statepermit is issued. To meet the definition or,'perilitteo site,',.such permit must grant the approvarof the appropriate state or federal agency rol. t'" l-orr"rcial, industriar, exraction or highwayactivity(ies) and must require the pr6vision of "".rritv for the recramation (incrudingrevegetation) of the site.
-
David Pesnichak
From: Jim Rada
Sent: Tuesday, March 04,2OOg 1:05 pM
Page 1 of2
EXHIBIT
(r(
To: David pesnichak
Cc: Fred Jarman;Andy Schwaller; Carolyn Dahlgrensubject: RE: Temporary Employee Housing (Man-camps) - Bocc staff Report - 3-10-2oogAttachments: Jim Rada.vcf
Hello all,
I hope these comments are not too tardy.
with regard to sewage facilities, speciflca.lly vault systems, the Major THF, Minor THF and smallrHF proposedregs do not appear to address a f6w points
I ' All occupied dwellings must be serviced by an approved sewage disposal facitity.2' All proposed dwellings require an lsDS permit before a building permit may be issued.3' No occupancy permit can be issued untilfinal inspection of the ISDS is approved.4' A vault system is a type of lsDS that is covered under the Garfield county lsDS Regulations.5' As such' a vault system, would require an lsDS permit just like any other lsDs (section lV.A.1 GarfieldCounty ISDS Regulations)6' Under that permit, all applicable regulations would have to be met including:a. water tightness of tanks and sewer lines,b. integrity of tank and sewer materials,c. installation of tanks and sewers,d. setbacks to various site features,e. electrical and plumbing code compliance,f. accessibility for cleaning and maintenance,g. appropriate alarm systemsh. management of waste products.
The operator would also be responsible formaintaining the system in compliance with the lsDS Regulations andffittf,3Bt'Iirl::,YiXtf", dno woutote subject to "iipdhititionsinJien;il;;, ourined in t[e rdos nct
I recommend that an additional reference be made in the THF regs (Major, Minor and Small Facilities sections)
H:;ffirY:1:"ifjTr:"J:B:jJ3:'3ons vau i svstems, to meet ariLpprica6r"'proriii#. of the Garfierd county rsDS
J;, (ad., RLHS
Environmental Health Manager
Garfield County public Heatth
195 W 14h Skeet
Rifle, CO 81650
Phone 970-625-5200 x81 13
Cell 970-319-1S79
Fax 970-625-8304
! m ai l jrada@garfi eld-eou n tpcqn
Web utrry.gadeld:s_ol.J]]ly.lsm
From: David pesnichak
3110t2008
-
Page 2 of Z
Sent: Wednesday, February ZT, ZOO} 5:55 pM
To: GARCo Attorney; 'don.howanick@mpa-glenwood.com'; 'sura@wccongress.org,; ,Doug Dennison,;'brett'crabb@encana.com'; 'Patrick Barker';-;Linster Herndon, irena"'; 'Ch-arles MJLean,; ,David Blair, Chief, GrandValley Fire Protection.Dist.'; Jim Rada; Jim sea.rs; carolyn Dahtgren; Michael Howard; Andy schwaller; ,walker,
Deanna J'; 'Kent Lindberg'; 'wcoleman@marathonoil.cor'; 'crffin, Sally,; ,david@gjoutpost.com,;
'dave'cesark@williams.com'; 'msturg"on@rifl".o.org'; 'kewheLn@riflefiredept.org,;'parata@parachutecolorado.com,; :uaitn Jordan; 'hfiisner@bhis,com,; ,alstoodtcj'marathonoil.com,;
Jmanderson@hollandhaT..or'; 'lorneprescott@cordcomp..or,; ,l-odd.Anderson@state.co,us,;
frank@wccongress.org; JUSTUS, JULIE Acc: Fred Jarman; craig Richardson; Kathy A. Eastley; 'larryanddeemccown@starband.net,; Tresi Houpt; JohnMartin ; La rry Mccown ; pvcm @ h ug hes. nei; cheryl @iherydrra nJ er. cor ; io.Loiopiir. nut';bob@roaringforkprope.rties,com; shirleybrewerl0g@comcast,net; ,stipo101@hotmail,com,;
'summitx@frontier'net'; terry@bteconciete.com; shannonKyle@remax.net; David pesnichak; Ed Greensubject: Temporary Emproyee Housing (Man-iamps) - aoti-staff Report - 3_10_2oo8
HiAII,
Please flnd the staff Report and exhibits attached for the Monday March ,10 Board of county commissionerhearing regarding Temporary Emplo.vee Housing.(man-"rrp"J.rew-camps). The staff and planningcommission recommendation to ine"gocc,r"riin ;"h;;gE, but as r_equested there is an analysis of otheradministrative options which the Bocc couto.pursu; ,! ;;g;;Ji to the "sma1; fa;iiities. These options areoutlined as a Memo attached to the cover or trie slitr n"p6rt pl"."nted to the Bocc on February 4. There aresome new exhibits from February 4 as well.
The finalagenda for March 10 has not been published yet but the Building and planning Department block startsat 1.15 PM and it is a very fuil agenda. The agenda shourd be avairabre at http/u Mil.gater+cquily.qonillndex.aspxfuqge=5!0irecorOiO=it g&retqnq&iJ.ZfinOex-aspffy'mi-next weeX.
Best,
Dave
David Pesnichak
Senior Planner - Long-Range
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO g1601
Tel: (970) 945-8212
Fax: (970)384-3410
E m a i I : dpe sXr qhel@ ga rfi elq -co un !f. e=o m
UM,v. ga rfie ld:cq u nty.eq nl
3110/2008
E--
1-vr[H['rJh,
Congress
ln lfiame hr bnmniry laion
TO: Garfield CountY Commissioners
FR: Matt Sura, Western Colorado Congress
DT:3/tolos
RE:Western Colorado Congress comments on the Sept'
Community Alliance of the Yampa Valley ' Routt County Sheep Mountain Alliance ' Son Miguel County
Concerned Citizens Alliance ' Meso Countf Uncompahgre Valley Association' Montose County
Grand valley citizens Alliance . Gorfield County WeCAN ' Meso County young oduls
Ridgway-Ouray Community Council . Ouroy County Western Slope Environmental Resource Council ' Deho Counry
EI WCC is a member group of the Western Organization of Resource Councils and Community Shares of Colorado
To Garfield CountY Commissioners,
western colorado congress and our member group, Grand valley citizens Alliance are asking that
you postpone any "hurf". to the G_arfield Coulty land use code regarding-"TemP9t-aly Eyploye.e
Housing" until chang"ro.u., be drafted to ensure property own". right. will be upheld-and that all
facilities will be p".riitt"d by the county to ensuie tuf.ty for workers and nearby residents'
Our concerns about the proposed changes can be summed up as:
t) The proposal is "arbitrary and capricious" since it exempts one industry from any permitting
requrrements while keeping the requirement on every other industry or landorvner'
g) The proposal for "small facilities" (rz beds) should be subject to administrative permit
requirements as outlined in minor permit (sec. 5.oz.2z) which includes expressed land-owner
consent.
We question the need for "essential personnel" to live or sleep on location'
The lack of any meaningful oversight by allorving "small temporary employee housing" as a
,;r",r" by right" could ver"y well lead"to .,rsufe living conditions for the employees as rvell as
"nui.on.Intal damage io the land from potential ttnsafe water and server systems'
The proposai to grant "administrative permits" for "temporary 9-pl9y".:.lor'rsing" for up to
ZS people will de"ny concerned public the right to comment on these facilities'
Western Colorado Congress is an alliance for community action fotrnded in 198o that emporvers
people to protect and erihance their quality of life_in w.si"r, Colorado. WCC's Garfield County
.frupt". is the Grand Valley Citizens Alliance. GVCA has been working to protect the communities
and quality of life in the Grand Valley for the past ten years by working-to ensure oil and gas
extraction is done is a responsible manner rvith due.respect for the people and environment'
3)
4.)
5)
Main Office
124 North Sixth Street
PO Box l93l
Grand Junction, CO 81502
97 O -25 6-7 650; 970-245-0686 fax
info@wccongress.ort
Emblovee Housing:#
.'\
l) the proposal is "arbitrary and capricious" since it exempts one industry from any
' p"r-ittirrg 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 ",r"ry i.,Jrstry - building, ski industry, rinching, the oil and gas industry and even
our school district. tt " p.out"m with th? proposed ailendm".t ir that it grants exemptions_only to
the oil and gas industry. There is mention that the regulations could be used for "commercial'
industrial" mineral eilraction or highway operationi' (Sec7.OZ.Z3 [1:) butthe requiremen!-tlu.t they be
on a "state orfedlrally permitted pZrrdi ,i"^, to oniy apply to the oil and gas industry' If this
regulation truly appiies to all commercial industries we belie,re that it would be commonly used by
tnE bulaing u"a ski industry as well as many landowners'
The rest of Garf,reld county citizens must abide by the "camper park" regulations. "camper park" is
defined as, "Anjtlot which hls been d.esigned, improal!, or.usedfor the park.ing o{*o (z) or more carn?er
aehicles and/or trrt ,o*prrrfor hum.aniabiiation." (Zoning Res. 2.o2.1r) and requires speciai use
permits in the agriculturai/industrial and agricuitr.ulliu.al residentiul ,o.ret (s'ot'os
-"_11_'^.?1^o')
Thus, it is arbitrary and capricious that an Jil arrd gas company could have temporary campsites for
up to 12 people withor-rt a hearing or permit, but aiando*'"t o'the same land would have to obtain
a special use^permit lor exactly the same facility if it had two or more tents'
The oil and gas industry already has been granted rig)rts that no other landorvner or industry enjoy'
In current reg*lations,'u ".u-pl. park" i, Iot allowJ in residential, urban and suburban zones even
rvith a special r.rse permit. yet ,,temporary employee housing" for the oil and gas industry consisting
of the same kind oldisturbance is allowed in those areas.
As rvas stated in the (2-o+-zoog)Garfield cor"rnty commi.ssioner hearing most of these facilities are
expected to be locatecl in the "Resource Lands" zone. In that zone, a "camper park" is allolved by
special use permit in only the "gentle. slopes and lowervalley floor" portion of the zone' In that same
zone, horvever, tempo.uiy "-ptyee housing may be allowed anyrvhere'
Norv to flrther complicate the issue, the proposed amendment is to allorv smaller temporary
employees horring i, u "ur" by right" - noir.quiring a permit' Even a landorvner rvho has drilling
and temporary employee housing facilities on their pioperty wor-rld not have the right to have similar
facilities on their property rvithout a permit'
Thus, it appears that the cor-rnty is denying landowners, and all other industries, the same sort of
rights they are granting the oil and guJinf,,r.try. yo other landowner or industry has the right to
site these facilities anyihere they *[n. No other landowners or industry is exempt from having to
go through u p"r-itti.rg pro""... For these reasons the proposed amendment is arbitrary and
Iapriciou"s and should not be adopted into regulation'
q) the proposal for "small facilities" (rz beds) should be subject to administrative permit
requirements as outlined in minor permit (sec. 5.oz.zz) 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 many as six people (te bedsP) on private property then they should at least be subject
to the to administrative permit requirements as outlined in minor permit (sec. 5.o2.2e). These
requirements not only give the County a meaningful role and ability to ensure public safety
(described in rl. below) but also requires them to ensure that the owner of the land has allowed this
use of their property (s.oz.zzlzll B). We believe that providing proof that the landowner agrees to
the use of his property for temporary employee housing is of critical importance to all Garfield
County landowners.
9) We question the need for "essential personnel" to live or sleep on location.
While there is no doubt that safety personnel and other "essential personnel" are needed on an active
drilling location, there is no need for these people to live there full-time or to sleep there. (If they are
"essential" why are they sleeping?) tz-hour shifts are common in the oil and gas industry, as in other
industries. Allowing up to six (or tzP) people to live at a location that may be right off I-7o is not for
safety but for reducing housing costs for the operator. There malr fs a need for additional housing if
a location is on federal land - over two hours away from any town - 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 office on location but it primary pLrrpose rvould
not be for providing living quarters.
+) The lack of any meaningful oversight by allowing "small temporary employee housing"
as a "use by right" could very well lead to unsafe living conditions for the employees as
rvell as environmental damage to the land from potential unsafe water and sewer
systems.
The (z-"lz-o8) memorandum the planning staffhas prepared brings some doubt that the performance
standards verified at the building permit stage rvill be very meaningfully enforced. In the 2-o+-2oo8
minutes Commissioner Martin compared the relative lack of regr,rlations on smaller temporary
housing facilities to those regulations for "remote cabins". The real difference is that these temporary
hor"rsing facilities are not intended for occasional recreational use but are a place of rvork. The rvork
on a drill rig is dangerous enough. Why r,vouldn't the County 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 these facilities. This could not only endanger the rvorkers but
could also lead to contamination of soil and water for the landorvners or any nearby resident r,vho is
using well water.
5) The proposal to grant "administrative permits" for "temporary employee housing" for
up to 24, people will deny concerned public the right to comment on these facilities.
We further object to medium-sized "man camps" (up to 24 people) being allowed to pursue an
"administrative permit". Facilities housing 24,people would be of obvious concern to nearby
residents and they should be allowed to comment.
we would not object to an administrative permit if the facilitv is to be located in a remote region
where there are no nearby neighbors .; if ih" i"cility is for eilht or less people (as stated earlier)'
We do sincerely hope that the proposed changes.to the :er,nPTary
employee housing regulations are
not adopted. Gvci;;;wai*"1r1a r,." i.Trsist Garfiela county adopt county o, and gas
regulations that wili["rp pr.,""t landowners, industry emproyees,"and ihe beautifur county we live
and work in.
Matt Sura
Energy Organizer
'Western Colorado Congress