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Home My WebLink About2.0 Staff ReportDirector Determination 1/6/15 File No. MTEH-8160 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST General Administrative Land Use Change Permit for a Temporary Employee Housing Facility, Minor PROPERTY OWNER Encana Oil and Gas APPLICANT Linn Operating ASSESSOR'S PARCEL # 2135-273-00-015 PROPERTY SIZE The facility will be located within an 11.283 acre COGCC approved well pad location and within an overall 26,441.91 acre parcel. LOCATION The property is located north of the Town of Parachute in the NWSW Section 15, T6S, R96W of the 6th PM. ACCESS The facility is accessed by private roadways and County Road 215. EXISTING ZONING The property is zoned Resource Lands - Plateau I. GENERAL PROJECT DESCRIPTION The Applicant is requesting an Administrative Land Use Change Permit for a Temporary Employee Housing Facility, Minor, on a Linn Operating well pad location known as L-15. The facility will be located within an existing COGCC approved well pad. The Administrative Permit requested is for a property owned by Encana Oil and Gas. The subject parcel is described by tax ID 2135-273-00-015 and is located in Section 15, Township 6 South, Range 96 West of the 6th P.M. More specifically, the Applicant requests approval for one Minor Temporary Employee Housing facility to house 9 to 24 personnel for the purpose of natural gas drilling operations. The Applicant has represented that the facility will be on-site for less than one year, will have water hauled to the site, and a vault -and -haul scenario for handling sewage and wastewater. 1 This site is remote and must be contained on an approved COGCC well pad along with other drilling facilities. The Minor Temporary Employee Housing facility will be in use year round to accommodate those considered to be "essential personnel" to the drilling operations on this and other approved COGCC well pads located within the Resource Lands -- Plateau zone district. The installed facility is required to meet all applicable building and fire code requirements. Estimated Dates of Operation: Installation: Removal: Total Estimated Time on Site: January 15, 2015 January 1, 2016 Less than one year Vicinity Map Data: 11 K-15 and L15 Surface Ownership Map Garfield County. Colorado 0101 IPlan: A IBERRY PETROLEUM CO. 1999 9ro;Wway, Saute 3700 lly Denver. Cdwauo 80202 2 Site Plan BERRY PETROLEUM COMPANY SCALE: 1" 80' M DATE: 06-22-07 DRAYA4 BY: D.R.B. Ravened: 04-03-08 D.9.9 - Revised: 04-26-10 ORAL Rev:ud: 08-17-10 DR& Reed: 10-21-10 0.R8. Reesed: 11-19-14 M.0. SOlittigeet fa' - x14[110 ININANCE on L PAD LAYOUT FOR WEU. PAD 115 698 (AS—BuiLT) SEC110N 15, TBS, R96W, 8th P.M. NW 1/4 SW 1/4 eds. 9011 p si of Pad Omelet Pad E SCALE 'Sheet 2 of 13i aLd SO 091 29 02110 ORLw/ Pad^ "D" too of !P Temp Housing Facility I1 P.oabeniaw EAtopinont Aro, (loads) APPROXIMATE ACREAGES AFFIRM WELL DIS/USd4#9. • 110109 ACRES ACCESS ROAD CASR.WSANCE ► 31.174 ACRES TOTAL t t 1.185 ACRES I r 0 0 Sumo Wee taw ---.. r r r r FWISNED CRACK' ELEV. Al 12D LCC srARE - 8391.0° a+_n "C" .A" Cat, ease. lot a2 fa i,MfKn O: sh UINTAH ENLINNERJhl: et LANG SURVEYING 41 S. 920 E.9 • Snow,. Utah 9.029 • (212) tei-149 3 II. LOCATION - SITE DESCRIPTION The site is currently a developed COGCC well pad. Land uses within 1500 ft. include agricultural uses and natural gas extraction. No additional native vegetation will be removed for the proposed facility and the placement of the project on an existing well pad will minimize additional impacts. III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Director's Determination in accordance with the Garfield County Land Use and Development Code as amended and included mailing notice to all property owners within 200 ft. and any mineral rights owners on the property. The Applicant has provided evidence of compliance with the notice requirements. Referrals for Minor Temporary Employee Housing Facilities are limited to Sign -Offs by the fire protection district and the Sheriff's Office. These Sign -Offs are submitted with the application materials. Comments from referral agencies, County Departments, and the public are summarized below and included in the application. 1. Grand Valley Fire Protection District: • Robert Fergusen signed -off indicating that the District received all necessary information. 2. Garfield County Sheriff's Office: • Chris Bornholdt signed -off indicating that the Office received all necessary information. 3. No public comment was received. IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1, 2, and 3, including Section 7-706 Temporary Employee Housing, Minor Standards. 7-101 — 103: Zone District Regulations, Comprehensive Plan & Compatibility The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article III standards for the Resource Lands - Plateau Zone District. Regarding compliance with Section 7-102, The Comprehensive Plan 2030 designates the site as Resource Production/Natural. Excerpts from the Land Use Description Section Chapter 2 and Section 8, Natural Resources and Section 9, Mineral Extraction are provided below. 4 Chapter 2 — Land Use Designations Resource Production / Natural (RPN): Agriculture and grazing land used primarily for oil, gas, oil shale, coal mining, gravel mining, including support buildings and facilities needed for the natural resource extraction industry, and other business uses that can be adequately buffered from adjacent incompatible uses. Also includes areas with significant environmental constraints such as upper plateaus, talus slopes, and steep slopes (over 20%). Private inholding mostly surrounded by public lands with limited public access. Section 8 — Natural Resources Issues *The county maintains high air quality standards, however there may be a propensity for air pollutants to exist in the western part of the county Goals 1. Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected and /or impacts mitigated. 4. Ensure the appropriate reclamation of land after extraction processes. Policies 1. The County will encourage and cooperate with the protection of critical habitat including state and federally protected, threatened, or endangered species. Section 9 — Mineral Extraction Goals 1. Ensure that mineral extraction is regulated appropriately to promote responsible development and provide benefit to the general public. 2. Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources. 3. In working with mineral extraction projects, the county will protect the public health, safety and welfare of its citizens. Policies 2. Mineral resource extraction activities will protect critical wildlife habitat as identified by state and federal agencies. Development within these designations that cannot be designed, constructed and conducted so as to have a minimum adverse impact upon such habitat or these wildlife species shall be discouraged. 5 4. Facilities that are appurtenances to oil/ gas development activities (compressors, etc.) are considered appropriate in all land uses so long as they meet the respective mitigation requirements of the ULUR to maintain compatibility with surrounding land uses. The location and design of the proposed facility is in general conformance with the Comprehensive Plan Policies subject to proper mitigation of impacts. The Application has also provided information on neighboring land uses indicating the general character of the area. The request demonstrates general compatibility with adjoining uses provided compliance with COGCC regulations are maintained. 7-104: Source of Water The Applicant is proposing potable water including bottled water and potable water stored in potable water tanks. The potable water is to be hauled to the facility using a water hauling contractor. The Applicant is required to use CDPHE certified potable water haulers who are obtaining the water from an approved source. All water must be treated prior to delivery to a facility. The Applicant has represented that the facility is capable of storing 9,000 gallons of potable water (3, 3,000 gallon tanks) with a 6 day capacity. The Applicant has represented that the tanks will be refilled at a 6-7 day frequency or as needed. The Applicant has provided a letter from Artesian Water Service stating that they will provide potable water hauling services for Linn Energy L-15 pad. 7-105: Waste Water Systems Sewage and wastewater are proposed to be handled by a vault -and -haul system with a 12,000 gallon storage capacity. Three 4,000 gallon tanks are proposed. Based on the Garfield County Land Use and Development Code of 2013, the Applicant will provide a minimum of 75 gallons per person per day of storage capacity for sewage and wastewater. As a result, the 12,000 gallon storage capacity is anticipated to provide an 8 day capacity. The Applicant has represented that the tanks will be emptied 1-2 times per week. In addition, the tanks are to be equipped with a secondary containment in case of Teaks occur and a high level alarm which will sound when the tank reaches 80% capacity. The sewage and wastewater is to be disposed of at the Garfield County Landfill. The Applicant has provided a letter indicating that United Site Services will provide the sewage hauling service for Linn Energy. 6 7-106: Public Utilities This remote site will be occupied temporarily in accordance with the regulations for Temporary Employee Housing, Minor. The Applicant is proposing to provide temporary accommodations for electricity, sewage/wastewater disposal and water. 7-107: Access & Roadways The Applicants access the site from private roads and County Road 215. The Applicant has indicated that the all roads and access points will meet applicable regulations. In addition, as the area is an active gas field, the Applicant has represented that the roads will be sufficiently maintained to accommodate those uses, including heavy truck traffic, in addition to the temporary housing facility. 7-108: Natural Hazards The information provided and data from the Garfield County GIS supports a determination that the proposed use is not subject to significant natural hazard risks. 7-109: Fire Protection The Applicant provided a sign -off from the Grand Valley Fire Protection District. No additional comments were generated and the District signed -off indicating that all information has been received and reviewed. 7-201: Agricultural Lands With no new disturbed areas, no additional impacts on nearby agricultural lands are anticipated. 7-202: Wildlife Habitat Areas With no new disturbed areas, no additional impacts on wildlife habitat areas are anticipated. 7-203: Protection of Water Bodies No waterbodies are identified within the vicinity of the housing facility. As a result, no impact to water bodies are anticipated. 7-204: Drainage and Erosion (Stormwater) As the temporary facility is located on an approved COGCC well pad location, drainage and erosion are required to comply with COGCC standards and regulations. 7 7-205 Environmental Quality No adverse impacts to environmental quality is anticipated as the site is located on a COGCC well pad location and is temporary in nature. The use of the facility will decrease overall traffic demands. 7-206: Wildfire Hazards The site plans were reviewed by the Grand Valley Fire Protection District with no additional comment generated. The facility is not located within a "very high" wildland fire susceptibility designation according to the Community Wildfire Protection Plan. 7-207: Natural and Geologic Hazards No significant geologic hazards have been identified on or near the site. 7-208: Reclamation All facilities are to be removed at the end of the permit period. In addition, all reclamation associated with site disturbance is covered by the COGCC reclamation plan and bond. 7-301 & 302: Compatible Design, Parking, and Loading The proposed use is consistent with and compatible with typical oil and gas exploration and production activities. Large areas of the site plan are available for parking, circulation, and loading activities. 7-303: Landscaping As the site is remote and within a COGCC well pad location, the site is substantially screened from public view by vegetation and topography. 7-304: Lighting No permanent lighting is proposed. Any lighting shall be required to meet the County standards for being down directed, shielded, and oriented toward the interior of the site. 7-305 Snow Storage Adequate portions of the site plan are available for snow storage. 7-306 Trails Trails standards are generally not applicable based on the industrial nature of the proposal, remote location and surrounding uses. 8 7-706 TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR, STANDARDS The Application represents that the facility will comply with all the applicable Standards contained in Section 7-706. The Application contains a variety of documents to support compliance and the following summary addresses key issues. A. Federal, State, and Local Laws and Regulations. Minor Facilities must comply with all applicable Federal, State, and local laws and regulations. The Applicant has provided the Compliance Officer Sign -Off which provides the name and contact information for the individual responsible for ensuring that all Federal, State and Local laws and regulations are followed during installation, operation and removal of the facility. B. Notification of Facility Installation and Removal. The Sheriff's Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Community Development Department shall be copied on all such notification, whether hard copy or electronic. The Applicant has stated that they will comply with this notification standard. C. Water Systems. Water systems shall comply with standards set forth in section 7-705.B. Please see section 7-104, above. It is staff's opinion that the proposed system will meet the standards identified in Section 7-705.B. D. Wastewater Systems. Wastewater systems shall comply with standards set forth in section 7-705.C. Please see section 7-105, above. It is staff's opinion that the proposed system will meet the standards identified in Section 7-705.C. E. Clean, Safe, and Sanitary Condition. 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. The Applicant has stated that they will comply with these standards. 9 F. Trash and Food Storage. Wildlife -proof refuse containers must be provided for trash. Outdoor food storage is prohibited unless facilities are provided that prevent the attraction of animals to the Minor Facility site. This facility is to be equipped with bear proof container(s). Refuse will be emptied by a refuse hauler at least once per week and disposed of at a Garfield County landfill or other permitted facility. G. Fire Protection. 1. Provisions for giving alarm in case of fire and fire suppression must be installed per fire codes and as required by the fire protection district. 2. Single -station carbon monoxide alarms must be placed in each Manufactured Home or Recreational Vehicle unit. The Applicant has stated that they will comply with these standards. In addition, the application has been reviewed by the Grand Valley Fire Protection District. H. No Domestic Animals Allowed. Domestic animals are prohibited. The Applicant has stated that they will comply with this standard. I. Removal of Facility. Within 10 days following the expiration or other termination of the Land Use Change Permit or represented date of removal identified within the Land Use Change Permit, all housing structures, foundations, and associated infrastructure shall be completely removed. The Operator shall provide the Director with photos, dated and signed by the Operator's compliance officer, indicating that all housing structures, foundations, and associated infrastructure have been removed within the specified timeframe. The Applicant has stated that they will comply with these standards. V. ADDITIONAL STAFF ANALYSIS 1. The Applicant has provided all necessary public notice. No public comments were received. 2. All standards relevant to a Minor Temporary Employee Housing Facility have been satisfied. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for an Administrative Review Land Use Change Permit. 10 2. That for the above stated and other reasons the proposed Land Use Change Permit for the Linn Operating L-15 Temporary Employee Housing Facility, Minot is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 4. That with the adoption of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. VII. RECOMMENDATION The following recommended conditions of approval are provided for the Directors consideration. 1. Temporary Employee Housing Facility. During times of housing shortage or in remote locations, the use of Factory Built Nonresidential Structures (as defined under C.R.S. § 24-32-3301, as amended, and Resolution #35 of the Colorado State Housing Board) utilized for a period of time not longer than 1 year or as otherwise specified, for workers who are engaged in commercial, industrial, mineral extraction, or highway operations and who are needed to support the proper execution and safety of the related operations. Temporary Employee Housing, shall not include Recreational Vehicles, except in a Small Facility. 2. Minor Temporary Housing Facilities, also referred to as "Minor Facilities," shall have all of the following basic characteristics: a) The Minor Facility and any associated infrastructure must be completely contained within a State or Federally -permitted parcel (i.e. COGCC-approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); b) The Minor Facility is located at the Permitted Site for less than a cumulative of 1 year; and c) The Minor Facility shall have occupancy of 9 to 24 people who are employees, contractors, or subcontractors of the operator and are supporting the proper execution and safety of the related commercial, industrial, extraction, or highway operations. 3. 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. 11 b) The Sheriff's Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Community Development Department shall be copied on all such notification, whether hard copy or electronic. c) Water systems shall comply with standards set forth in section 7-705.B. d) Wastewater systems shall comply with standards set forth in section 7-705.C. e) 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. f) Wildlife -proof refuse containers must be provided for trash. Outdoor food storage is prohibited unless facilities are provided that prevent the attraction of animals to the Major Facility site. I. Provisions for giving alarm in case of fire and fire suppression must be installed per fire codes and as required by the fire protection district. II. Single -station carbon monoxide alarms must be placed in each Manufactured Home or Recreational Vehicle unit. g) Domestic animals are prohibited. h) Within 10 days following the expiration or other termination of the Land Use Change Permit or represented date of removal identified within the Land Use Change Permit, all housing structures, foundations, and associated infrastructure shall be completely removed. The Operator shall provide the Director with photos, dated and signed by the Operator's compliance officer, indicating that all housing structures, foundations, and associated infrastructure have been removed within the specified timeframe. 12 EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. �✓ My application required written/mailed notice to adjacent property owners and mineral owners. JMailed notice was completed on the 22ndday of December 2014. 1 J All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] List of adjacent property owners sent by David Pesnichak on 12/16/14 • Please attach proof of certified, return receipt requested mailed notice. ❑ My application required Published notice. Notice was published on the day of , 2014. ■ Please attach proof of publication in the Rifle Citizen Telegram. ❑ My application required Posting of Notice. Notice was posted on the day of , 2014. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Jenna Hirsch Signature: Date: 12/22/2014 U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com*. 4„r 12(1' Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here re 111 0101 LA traer t Apt.Wa , or PO Box No. P.t', uax 63 City, state, 2144 054z, n T" 7706 l PS Form 3800, July 2014 See Reverse for Instructions meat 060E hE9L E000 02T2 hTOL Plc" csss.) 0) u_ 0 Certified Fee Total Postage & Fees 90TE hE9L E000 02T2 hTOL ETTE hE9L E000 02T2 0 w CC .2 TX cn LLI 45; §. 0 17_ 0- — CC (no, LU E Certified Fee 02TE hE9L E000 02 E9'CE hE9Z E000 02T2 h'tOZ 'LTTE hE9d.. E[]00 0212 h20L hh'LE 11E92. E000 021 S2.TE fiE9L E000 021 SENDER: COMPLETE THIS • Complete Items 1, 2, and 3: A[� complete Item 4 if Restricted Delivery I fired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 4 i.tb et1E t.12 ramal s tfi5v COMPLETE THIS SECTION ON DELIVERY A. Signature ❑ Agent .Cc --n /1 IR Addressee B. Received by (Printed Name) niOQM,A Ot. )ww.b C. Dateof Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below; ' No 2. Article Nu (Transfer it 3. S rvice Type Certified Mali• 0 Priority Mail Express'" ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 7014 2120 0003 7634 3120 PS Form 3811, July 2013 Domestic Return Receipt m fp fA (, c m 0 N >-z 0 E f) o Tr; E o En C -o m as as g >12 m a a v L (n m fll 'a } N 0 m 4rD 0) > EN jia .oaloE • 'y 7 0 coif 'O = ��" .0 Oi M ? Q) U Y ° L 0 C -fy o a al CCI 0 U CD N- c O5 as 1-6 Q. fA U -0 E E,(E m N 0 U C 441 >. E • E c CU O Ua'�fn<0 Q n m fA m 0.3 C)- o. Lb a Q U 0 22 12 O • C U '% j f2 OL m O Q CC o ❑ ❑ ❑ • crs EL, lg • m N L U m � S c! • ❑ ❑ a3 m ■ IN ■ i 4. Restricted Delivery? (Extra Fee) Domestic Re PS Form 3811, J 1 ALETE THIS SECTION ON DELIVER' O •R ;:140.1y4;11WirIA A; Article Addressed to: Ci m Q <I 0 0 a) 0 0 m w 0 tD 4.) a E'- o w o E "us >w N•: C 0g O w_u? ¢ rn wa 0 C -0 L ja CL w 713 a) .) cV D - -= cff r ate) CO 4,:.; 0) 0) • 0 C -12 C2 0 O 0 N • a) .G >+ w-. E Ec.-00 O w i O i :a u>Q o ■ ■ ■ a) i7 0 U z _ 000 c3 0 O 0 2 > 0 w -0 O ;= •o� a) 0 C LCC cin ❑ ❑ CY) rR u'! r•� m m N m 0 0 0 O rU ri ni ra O 2. Article Nur 0 co N PS Form 3811, j OM • LETE THI SECTI 0 I i • : 1 C. EN 9 R: COMPLETE THIS SECT O 1. Article Addressed to: S o