HomeMy WebLinkAbout2.0 Staff Report DD 01.19.2018Directors Determination - Staff Report Exhibits
Savage 2OF Well Pad - Minor Temporary Employee Housing
Administrative Review
Applicant is Joan L. Savage
Operator is Caerus Piceance, LLC
January 19,2018
(File GAPA-1 1 -1 7-8593)
Exhibit
Number
Exhibit Description
1 Public Heari Notice lnformation Form Dated December 26 2017
2 Certified Mail Recei
3 Signed Compliance Officer Performance Standards, D ated October
17 2017
4 Garfield County Land Use and Development Code of 2013
5 Staff Report
6 Application
7 Garfield Cou c hensive Plan
REQUEST
PROPERTY OWNER
APPLICANT
ASSESSOR'S PARCEL #
PERTY
LOCATION
ACCES S
N ZONIN
Director Determination
1t1912018
File No. GAPA-1 1-1 7-8593
PW
General Administrative Land Use Change
Permit for a Temporary Employee Housing
Facility, Minor
Joan L. Savage
Caerus Piceance, LLC
2405-203-00-012
The facility will be located within a 1.73 acre
(after interim reclamation) COGCC approved
well pad location and within a 160 acre parcel.
The property is located southwest of the City of
Rifle in Sections 19 and 20, Township 7 South,
Range 94 West, 6th P.M., Garfield County,
Colorado
The facility is accessed by private roadways
and County Road 301.
The property is zoned Rural
PROJECT INFORMATION AND STAFF COMMENTS
I. GENERAL PROJECT DESCRIPTION
The Applicant is requesting an Administrative Land use Change Permit for a Temporary
Employee Housing Facility, Minor, on a Caerus Piceance, LLC well pad location known
as 20F. The facility will be tocated within an existing COGCC approved well pad. The
Administrative Permit requested is for a property owned by Joan L. Savage. The subject
parcel is described by Garfield County Parcel No. 2405-203-00-012 and is located in
Sections 19 and 20, Township 7 South, Range 94 West, 6th P'M.
More specifically, the Applicant requests approval for one Minor Temporary Employee
Housing facility to house I to 24 personnel for the purpose of natural gas drilling
operations. The Applicant has represented that the facilíty will be on-site for less than
one year, will have water hauled to the site, and a vault-and-haul scenario for handling
L
sewage and wastewater. The applicant has also represented that no more than 20
personnel will be onsite in any 24-hour period.
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 Rural zone
district.
The installed facility is required to meet all applicable building and fire code requirements
Estimated Dates of Operation:
lnstallation:
Removal:
Total Estimated Time on Site
July 1 ,2018
April 30, 2019
305 Days
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II. LOCATION . SITE DESCRIPTION
The site is currently a developed COGCC well pad. Adjacent land uses include public
lands and natural gas extraction.
3
Temp Housing
Facility
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 200ft. 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:
. Rob Ferguson signed-off indicating that the District received all necessary
information.
2. Garfield County Sheriffs Office:
o Levy Burris signed-off indicating that the Office received all necessary
information.
3. No public comment was received
IV. STAFF COMMENTS AND ANALYSIS
ln 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, à, and 3, including Section 7-706 Temporary Employee Housing, Minor Standards.
- 103 ulati sive Plan
The proposed use demonstrates general conformance with applicable Zone District
provisions contained in the Land Use and Development Code and in particular Article lll
standards for the Rural zone district.
Regarding compliance with Section 7-102, The Comprehensive Plan 2030 designates
thJsite as Residential Medium High Density. Because the use is temporary, the long-
term density of the site will not exceed Comprehensive Plan Recommendations from,
this application. Excerpts from the Land Use Description Section Chapter 2 and Section
B, Natural Resources and Section 9, Mineral Extraction are provided below.
4
L¡xo U¡e
Dssrox¡noru D¡rcrumo¡u ts¡¡psreLE ZoH¡¡¡o
Residential
Medium High
(RMH)
Small farms, estates, and clustered residential
subdivisions, density determined by degree of
clustering and land preserved in open condition
0olo opêrì land = 1 du per -6 acres
509o open land = I du Per 4 acres
70olo open land = 1 du per 2 acres
Rural(R)
Planned Unit Development
(PUD)
Density of residential uses, 1 du per 2 to <6 acres
Example:
Chapter 2 - Land Use Designations
Section I - Natural Resources
/ssues*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
Goals1. 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.
Policies1. The County will encourage and cooperate with the protection of
critical habitat including state and federally protected, threatened, or
endangered species.
Secfion 9 - Mineral Extraction
Goals1. Ensure that mineral extraction is regulated appropriately to promote
responsible development and provide benefit to the general public.
5
2. Ensure that mineral extraction activities mitigate their effects on the natural
environment, including air quatity, 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.
Policies2. Minerat 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 orthese wildlife
species shall be discouraged.
4. Facitities that are appuñenances 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 only adjacent property owner is the United States Forest Service. A COGCC
permitted well pad is already on site.
7-104 &7 -705(8): Source of Water
The Applicant is proposing 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 6,000 gallons of potable water (2,
3,000 gallon tanks). The Applicant has represented that the tanks will be refilled al a 4
day frequency. The Applicant has indicated that there will not be more than 20 people
on the pad site in a 24-hour period. Per the applicant's information, the amount of water
will be 75 gallons per person per day.
The Applicant has provided a letter from Stallion Oilfield Services stating that they will
provide potable water hauling services for Caerus 20F well pad.
7-105 &7 -7051C): Waste Wate r Svstems
Sewage and wastewater are proposed to be handled by a vault-and-haul system with a
6,000 gallon storage capacity. Four 1500 gallon tanks are proposed. Based on the
Garfielð 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. The Applicant has indicated that not more than 20 people will be on the pad
site in a 24-hour period and that waste water will be picked up every four days.
6
The Applicant has provided a letter indicating that Stallion Oil Field Services will provide
the sewage hauling service for Caerus Piceance, LLC.
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
accom mod ations for electricity, sewage/wastewate r d isposal and water.
7-107: Access & Roadways
The Applicant will access the site from private roads and County Road 301. As the area
is an active gas field, the roads will be sufficiently maintained to accommodate those
uses, including the already existing heavy truck traffic, in addition to the temporary
housing facility. The Applicant has stated that year-round access will be available and
maintained for safe and regular access for sewage hauling vehicles. The Colorado Oil
and Gas Conservation Commission Form 2A Conditions of Approval states that the road
to the well pad is maintained year round and can accommodate local emergency vehicle
access requirements. The use of the facility will decrease overall traffic demands.
7-108 ral Hazards
The information provided supports a determination that the proposed use is not subject
to significant natural hazard risks. The pad has already been permitted by the COGCC.
7-109: Fire P rotection
The Applicant provided a sign-off from the Colorado River Fire Protection District. No
additional comments were generated and the District signed-off indicating that all
information has been received and reviewed.
7-201: Ao Itural 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 besides the already existing permitted oil and gas activity,
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
7-204: Drainaoe 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 Envi ronmental Qualitv
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: Wild fire Hazards
The site plans were reviewed by the Colorado River Fire Protection District with no
additional comment generated. The Community Wildfire Protection Plan shows the
property is located in a low wildfire hazard area.
7-207: Natural and Geoloq Hazards
No significant geologic hazards have been identified on or near the site
7-2A8: Reclamation
All facilities are to be removed at the end of the permit period. ln addition, all reclamation
associated with site disturbance is covered by the COGCC reclamation plan and bond.
7-301& 302: Compatible ion. Parkinq. and Loadino
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: Landscapins
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: Liqhtins
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 Sn ow Storaqe
Adequate portions of the site plan are available for snow storage
8
7-306 Trails
Trail standards are generally not applicable based on the industrial nature of the
proposal, remote location and surrounding uses.
7-706 TEM EMPLOYEE HOUS ING 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.. and Local Laws and Reoulations
Minor Facitities must comply with all applicable Federal,Sfafe, and locallaws 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 on of Facilitv I nstallation and Removal
The Sheriffs Office and relevant fire protection district(s) must be notified at least
24 hours prior to instaltation 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 signed a statement that they will comply with this notification
standard.
C. Water Svstems.
Water sysúems shall comply with standards set forth in section 7-705.8.
Please see sectionT-104, above. lt is staff's opinion that the proposed system will
meet the standards identified in Section 7-705.8.The applicant has stated that
they will comply with these standards.
D. Wastewater S.
Wastewater sysfems shall comply with standards set forfh in section 7-705.C.
Please see sectionT-105, above. lt is staff's opinion that the proposed system will
meet the standards identified in Section 7-705.C. The applicant has stated that
they will comply with these standards.
E. Clean, Safe, and Sanitary Condition.
Minor Facilities shatt be maintained in a clean, safe, and sanitary condition, free
of weeds and refuse. Any hazardous or noxious materials that must be stored at
9
the Minor Facitity for operational or security reasons must be managed in
accordance with all appticabte Federal, State, and local laws and regulations.
The Applicant has stated that they will comply with these standards.
F. Trash and Food Storase.
Witdtife-proof refuse containers must be provided for trash. Outdoor food storage
is prohibited unless facitities are provided that prevent the attraction of animals to
the Minor Facility site.
This facility is to be equipped with bear proof container(s). The applicant has
indicated refuse will be emptied by a refuse hauler daily and disposed of at a
Garfield County landfill or other permitted facility.
G. Fire P rotection
1. Provisions for giving alarm in case of fire and fire suppression must be
instatted per fire codes and as required by the fire protection district.
2. Singte-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. ln 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
l. 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, atl housing structures, foundations, and associated infrastructure
shalt be comptetety removed. The Operator shall provide the Directorwith photos,
dated and signed by the Operatols compliance officer, indicating that all housing
structures, foundations, and assocrafed 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.
L0
VI. 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 20F Well Pad 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.
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.
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 othenryise specified,
forworkers who are engaged in commercial, industrial, mineralextraction, 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.
7t
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 7-705.8.
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 wíth all applicable Federal, State, and local laws and regulations.
0 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.
L 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.
ll. 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
Gøffield County
PUBTIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the not¡ce that was conducted for your public
hearing. lnaddition,pleaseinitialontheblanklinenexttothestatementsiftheyaccuratelyreflectthe
described action.
EI My application required wr¡tten/ma¡led notice to adjacent property owners and mineral
owners,
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Maited notice was compteted on the A[# o^, o,Dn rn,l*20[1.
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder'soffice at least 15 calendardays priorto sending
notice.
All owners nf mineral interest in the subject propertv were identified through records in
the Clerk and Recorder or Assessor, or through other means [ist]
tr My application required Published notice.
Notice was published on the day of
Please attach proof of publication in the Rifle Citizen Telegram.
I Please attach proof of certified, return receipt requested mailed notice.
20
tr My application required Posting of Notice.
Notice was posted on the day of 20_.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testifu that the above informat¡on ¡s true and accurate.
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PS Form 3800, April 20'15 PsN /530.02-000.rÌ047 Sce Flovcrse for lnstrucllons
Gørfield County
Cornmun¡ty Development Department
108 8th Street, suite 401
Glenwood Springs, CO 81601
l970l94s-82t2
www.garfleld-countv.com
REqUTRED SIGN OFF FOR OPERATORS COMPTIANCE OFFICER
A. Federal, State, and Local Laws and Regulations.
Minor Facilities must comply with all applicable Federal, State, and local laws and
regulations.
B. Notification of Facility lnstallation and Removal.
The Sheriffs Office and relevant fire protection district(s) must be notified at leäst
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.
G. Water Systems.
Water systems shell comply with standards set forth in section 7-705.ts, (as
excerpted below):
Water Systems.
l. Water systems must comply with all applicable State and local laws and
regulations.
2. All potable water systems must ínclude a meter and the Operator must
keep a record of the daily usage.
3. For sites to which potable water is hauled, Operators shall:
a. 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 at an approved
facility.
b. For water facilities not permitted by the CDPHE, the Operator
must conduct monthly tests (or quarterly if an on-site disinfection
system is installed) and maintain records of potable water samples
specific for coliform. Any tests indicating coliform contamination
must be disclosed to the County Public Health Department.
c. Water systems facilities permitted by the CDPHE must obtain all
necessary State permits or demonstrate that applications for any
necessary permits have been submitted prior to a determination by
the County that an application is complete.
d. Maintain compliance with State regulations at alltimes during
operation.
4. ln no case shall unsafe water be used for drinking nor shall raw sewage
or used water be discharged onto the ground surface.
I
Minor Temporary Employee Housing
Compliance Officer Pe rforma nce
Standards and Sign Off
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List of Performance Standards for Minor Temporary Employee Housing Facility
D. Wastewater Systems.
Wastewater systems shall comply with standards set forth in section 7-705.C. (as
excerpted below):
Wastewater Systems.
l. Wastewater systems must comply with all applícable State and local
laws and regulations.
2. Wastewater may be disposed of using either an OWTS or a vault-and-
haul system. A vault-and-haul system must demonstrate the following:
a. Year-round access is available and maintained for safe and
regular access for sewage hauling vehicles;
b. The Operator can demonstrate and guarantee an arrangement
for hauling sewage;
c. The Operator will maintain all records, including but not limited
to, trip logs/reports and landfill receipts;
d. The sewage disposal records will be maintained as public
records to be available to the County upon request;
e. The facility will not exceed a cumulative of 1 year at the
approved location; and
f. The facility has been designed to accommodate 75 gallons of
wastewater per person per day or an amount derived from
engineered calculations taken from metered usage rates at a
similar facility that has been reviewed and approved by the County
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 seourity rea6on6 must be managed in accordance
with all applicable Federal, State, and local laws and regulations.
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 Major FacilitY site.
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.
H. No Domestic Animals Allowed.
Domestic animals are Prohibited.
l. 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, alf 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.
2
I have read and understand the above referenced sections ofthe Land Use and Development Code of
2013, as amended. ln addition I hereby cert¡fy that the aforementioned facility(iesl will be ¡nstalled ¡n
accordance with all applicable Garfield County, relevant fire district, state and federal regulations.
Further, I understand that non-compliance with any of the applicable provisions within the Land Use
and Development Code o12Ot3, as amended, shall be enforced in accordance with Art¡cle 12.
{urr} No ldor{
Name of Operators Compliance Officer
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Signature of the Operators Compliance Officer
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Email Addres,
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Phone Number
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