HomeMy WebLinkAbout3.0 Staff Report Director Determination 3/15/2016
File No. MTEH-8426 TA
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST General Administrative Land Use Change Permit for a Temporary Employee Housing
Facility, Minor
PROPERTY OWNER Joan L. Savage APPLICANT Caerus Oil & Gas ASSESSOR’S PARCEL # 2405-08-400-024
PROPERTY SIZE The facility will be located within a COGCC
approved well pad location called Savage 8A-
794 and within an overall 663 acre parcel.
LOCATION The property is located approximately 2.5 miles
from County Road 329 southeast of Parachute
in the Section 8, T7S, R94W of the 6th PM.
ACCESS The facility is accessed by private roadways
and County Road 329.
EXISTING ZONING The property is zoned Rural.
I. GENERAL PROJECT DESCRIPTION
The Applicant is requesting an Administrative Land Use Change Permit for a Temporary
Employee Housing Facility, Minor, on a Caerus Oil & Gas well pad location known as Savage 8A-794. The facility will be located within an existing COGCC approved well pad. The Administrative Permit requested is for a property owned by Joan L. Savage.
More specifically, the Applicant requests approval for a Minor Temporary Employee Housing facility consisting of 2 building units to house up to 12 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 and estimates that its time on-pad will be 152 days. The facility will have water hauled to the site, and a vault-and-haul scenario for handling sewage and wastewater.
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The installed facility is required to meet all applicable building and fire code requirements. The estimated installation date is February 14, 2016 and the estimated removal date is
July 14, 2016.
Vicinity Map
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Site Plan
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.
Temp Housing
Facility
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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 relevant fire protection district and the Sheriff’s Office. The County has received the
sign-off from the Sherriff’s office as well as the Colorado River Rescue Fire Protection District. No public comment has been received to date. 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 3 standards for the Rural Zone District.
Regarding compliance with Section 7-102, The Comprehensive Plan 2030 designates the site as Residential Medium-High. Excerpts from the Land Use Description Section Chapter 2 and
Section 8, Natural Resources and Section 9, Mineral Extraction are provided below. Chapter 2 – Land Use Designations
Residential Medium-High: Small farms, estates, and clustered residential
subdivisions; density determined by degree of clustering and land preserved in
open condition.
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
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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.
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
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storing 6,000 gallons of potable water (2, 3,000 gallon tanks) with a 4 day capacity. The Applicant has represented that the tanks will be refilled at a 4 day frequency or as
needed. The Applicant has provided a letter from Stallion Oilfield Services stating that they will provide potable water hauling services for Savage 8A-794 Pad. 7-105: Waste Water Systems Sewage and wastewater are proposed to be handled by a vault-and-haul system with a
4- 1,500 gallon storage system. 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. Stallion Oilfield services represents that they will provide service to this facility and estimates the storage demand to be 50 gallons per day per person and proposes to provide wastewater pumping and
pick-up every 4 days. 7-106: Public Utilities This 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 from rig generators, sewage/wastewater disposal and water. 7-107: Access & Roadways The Applicants access the site from private roads and County Road 329. The Applicant
has indicated that the all roads and access points will meet applicable regulations. In addition, as much of the area is actively used for gas well extraction, 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 has provided a sign-off from the Grand Valley Fire Protection District. 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.
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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. 7-205 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 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 No landscaping is proposed for this site which is acceptable considering its temporary nature, location and lack of proximity to non-industry related development.
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.
Figure 1: Low wildfire susceptibility
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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.
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.
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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. SUGGESTED FINDINGS 1. That proper public notice was provided as required for an Administrative
Review Land Use Change Permit. 2. That for the above stated and other reasons the proposed Land Use Change Permit for the Savage Pad 8A-794 Temporary Employee Housing Facility, Minor 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.
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VI. 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. 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
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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.
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