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Home My WebLink About1.0 Application.pdf0\oLSSON ASSOC I ATES August 18, 201 0 Fred Jarman, AICP Garfield County Building and Planning Department 1 08 81h Street, Suite 401 Glenwood Springs, CO 81601 SUBJECT: OXY USA WTP LP TEXT AMENDMENT APPLICATION Dear Mr. Jarman: Olsson Associates (Olsson) was contracted by Oxy USA WTP LP (Oxy) to provide land use permitting services associated with drilling natural gas wells in Garfield County, Colorado. On behalf of Oxy, Olsson has prepared a Text Amendment application associated with temporary employee housing to support drilling operations. Please find the attached submittal requirements pursuant to Article 4-501 of the Unified Land Use Code. The purpose of the proposed text amendment is to allow the use of Minor Temporary Employee Housing Facilities located wholly on a "permitted site" to accommodate activities being conducted on another "permitted site". In addition to amendments associated with Minor Facilities, Oxy has included requested amendments to Article 7-808(D)(1) Major Temporary Employee Housing. The requested amendments are detailed under the Proposed Amendment tab of this application. Amendments to the following sections are proposed in this application: Article 16 Definitions-Temporary Employee Housing facility(ies); Article 7-808(D)(1) -Major Temporary Employee Housing Standards; Article 7-808(D)(2)-Minor Temporary Employee Housing Standards; If you or your staff has any questions regarding this application or if you require additional information, please contact me at 970-263-7800. Sincerely, Craig Richardson Permitting and Compliance Specialist Olsson Associates 826 21 Y2 Road Grand Junction, CO 81505 TEL 970.263.7800 FAX 970.263.7456 www.oaconsulting.com * ~ ~ GARFIELD COUNTY Building & Planning Department 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www qarfield -countv com \ tr P-B-\ D-lthb REZONING: TEXT AM~NDMENT [Amendment to the text of the Unified Land. Us' e Resolution of 2008 or an Existing Planned unit Development GENERAL INFORMATION (Please print legibly) Name of ProQert~ Owner: OXY USA WTP LP Mailing Address: 760 Horizon Drive Suite 101 Telephone: {_~.2.~ _ _) 263-3637 ~ City: Grand Junction State: co Zip Code: 81506 Cell : (~) 4122776 ~ E-mail address: daniel_padilla®oxy. com FAX: (_) ~ Name of Owner's ReQresentative1 if an~~ (Attorne~ ~ Planner~ Consultant~ etc): ~ Olsson Associates, Craig Richardson or Lorne Presoctt ~ Mailing Address: 826 21 1L2 Road Telephone: (22.Q_) 263-78oo ~ City: Grand Junct ion State: co Zip Code: 81505 Cell:(_) ~ E-mail address: crichardson@oaconsulting.com FAX: (_) ~ Specific Section of County Unified Land Use Resolution of 2008 or PUD to be amended: Article 7-808 (D) (1) Article 7-808 (D) (2) Article 16, Temporar y Employee Housing Definition /' ~ Purpose for the proposed text amendment: To allow use of Minor TemEorar~ EmElo~ee Housins Faci l it~ located on a Eermitted site to accommodate operations located on a separate permitted site in the Resource lands Zone district. Last Revised 12129108 I. APPLICATION SUBMITTAL REQUIREMENTS This Application applies to owners of real property in Garfield County who desire to 1) amend, add, or delete specific text in the County's Unified Land Use Resolution of 2008, or 2) amend, add, or delete text of an approved Planned Unit Development (PUD). As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Submit a cover letter containing a detailed narrative describing the proposed amendment to the specific text of the County Unified Land Use Resolution or to the text of an approved Planned Unit Development (PUD). This narrative should describe the overall purpose of the amendment and the specific sections to be amended. 2. Submit a copy of the deed, legal description, and copy of the County Assessor's Map of the real property, owned by the Applicant in Garfield County, which will be affected by such change. 3. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity." 4. Submit payment of the $300.00 base fee and sign the "Agreement for Payment" form and provide the fee with the application. 5. Please provide a response that demonstrates that the request meets the following criteria: a) Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed text amendment is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements affecting land use or development or an approved amendment to the Comprehensive Plan prior to the decision on the text change. b) Compliance with Statutory Provisions. The proposed text does not conflict with State statutory provisions regulating land use. c) Increased Hazards. The proposed use does not result in hazards or alter the natural environment to an extent greater than the other uses permitted in the zone district to which it would be added. d) Increased Nuisance. The proposed use does not create more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than that normally resulting from the other uses permitted the zone district to which it would be added. e) Compatibility. The proposed use is compatible with the uses permitted the zone district to which it would be added. 6. Vicinity map: An 8 Yz x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3-mile radius of the subject property. The map shall be at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 7. A copy of the Pre-Application Conference form from the original Pre-Application Conference. 8. Submit 3 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS The following outlines the process for amending the text of the Unified Land Use Resolution or an existing PUD pursuant to Section 4-202 of Article IV. 1. Submit Application. The application materials required for text amendment are set forth in Section 4-501 (D) and included above. 2. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4-103(C), Determination of Completeness. 3. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the application for consideration by the Planning Commission. a. Public hearing by the Planning Commission shall be held at the next regularly scheduled meeting of the Commission for which proper notice of hearing can be accomplished. b. Public notice of the hearing shall be published by the Director in a newspaper of general circulation in the County at least thirty (30) calendar days prior to the date of the public hearing. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the proposed text amendment and prepare a staff report. A staff report shall be prepared pursuant to Section 4-103 E. 5. Review and Recommendation by the Planning Commission. A proposed text amendment shall be considered by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing. a. Recommendation by Planning Commission. The Planning Commission shall recommend approval, modification or denial of the proposed amendment. 6. Schedule Public Hearing. The Director shall schedule the application for consideration by the Board of County Commissioners. a. Public hearing by the Board of County Commissioners shall be held within forty (40) calendar days of the date of the Planning Commission's recommendation. b. Public notice of the hearing shall be published by the Director in a newspaper of general circulation in the County at least thirty (30) calendar days prior to the date of the public hearing. 7. Review and Action by the Board of County Commissioners. Upon a public hearing conducted pursuant to Section 4-103 G, Conduct of Public Hearing, the Board of County Commissioners shall determine whether the text should be amended. a. Decision by Board. The Board of County Commissioners shall approve, modify or deny the proposed amendment. The Board shall direct that the Director make any such approved amendments to the text of this Land Use Code. b. Effective Date. Unless otherwise specified by the Board of County Commissioners, an approved amendment to the text of this Land Use Code shall become effective upon the date of the Board's approving the amendment. I have read the statements above and have provided the required attached information which is correct and accurate to t e best of my knowledge. t GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and -"o"'"'x"-y--'u"'s'"-A'--"W-"T"-P~L"'P~--------- -Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Text Amendment ____________________ .(hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature /oaf'e Daniel Padilla Print Name Mailing Address: 760 Horizon Drive, Suite 101 Grand Junction, CO 81606 Page 4 IIIIIIIIJIJ~I1111 ~IMII.r.llii.I~·N'r,lfo.I',DI .~l!l~~H• .I J iiNI.IIIIIII Ra~apt!cn»! 759304 11/2612009 C4:t4:3B Ptl Joan Albortco 1 o! 1 Rec Fee:$6.00 Doo Fee•O.OO MRFIELO COUNTY CO STATEMENT OF AUTHORITY Daniell. Padilla, as Regulatory Coordinator for OXY USA WTP LP, a Delaware limited partnership ("OXY"), is authorized to act on behalf of, and represent OXY in all matte" related to applications for special use permit::, conditional use permits, administrative permits, and land use change permits (and may execute such applitutions) submitted to Garfield County, Colorado until such time as OXY files of record a statement that Mr. Padilla no longer has such authority. OXY acknowledges that when any such permits are issued by Garfield County, Colorado, the County may choose to file them of record and such permits may contain certain covenants thnt run with the particular lands identified in such permits. OXY USA WTP LP By: OXY USA Inc., its general partner Title: Vice President STATE OF TEXAS COUNTY OF HARRIS This instrument wns acknowledged before me o~ this/~ay of November, 2008, by Harry Hufft, Vice President of OXY USA Inc., u Delnwnre corporation, on behalf of OXY USA WTP LP. a Delaware limited partnership. IRI.IIII!.BANDATE MY Mt'MIION exPiReS NWI.23,2012 ~-c&.(J.Od Notary Public, State of Texas :.'_..,JrJ. ·.;-r.-.... (_,;..· /I,. '•l 9j.6 ,,I1J(,</~(' ... ) l~..,,J-~ ~I ~I_} f Amendment to Article 16, Temporary Employee Housing Facility(ies) Definition Current Definition Temporary Employee Housing Facility(ies). The use, during times of housing shortage, of Factory Built Nonresidential Structures (as defined under C.R.S. 24-32-3301 and Resolution #35 of the Colorado State Housing Board] and/or recreational vehicles (with the exception that Small Facilities shall not include recreational vehicles per Article 7-808 (0)(3) as removable housing, utilized for a period of time not longer than one year (with exception to {3), below), for workers who are engaged in a commercial, industrial, mineral extraction or highway operation and who are needed onsite for the proper execution and safety of the related operation, including. 1) Small Facilities are occupied by eight {8) or fewer people at any given time on a "Permitted Site"; 2) Minor Facilities are occupied by nine (9) to twenty-four {24) people at any given time on a "Permitted Site",; 3) Major Facilities are occupied by twenty-five {25) or more people at any given time; or which have an occupancy of twenty-four {24) or less, 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 Article 7-808{0)(1 ). Such facilities are either a use-by-right to a property or 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 Articles 7-808{0)(1 ), 7-808{0)(2), or 7-808{0)(3) of this Land Use Code. Proposed Definition Temporary Employee Housing Facility(ies). The use, during times of housing shortage or in remote locations, of Factory Built Nonresidential Structures [as defined under C.R.S. 24-32-3301 and Resolution #35 of the Colorado State Housing Board] and/or recreational vehicles (with the exception that Small Facilities shall not include recreational vehicles per Article 7-808 (0 )(3) as removable housing, utilized for a period of time not longer than one year (with exception to {3), below), for workers who are engaged in ,commercial, industrial, mineral extr§lction or highway operation2 and who a_re supporting Jhe proper execljtjon_ and safety of the related operation§, including. 1) Small Facilities are occupied by eight {8) or fewer people at any given time on a "Permitted Site"; 2) Minor Facilities are occupied by nine {9) to twenty-four {24) people at any given time on a "Permitted Site"; J a. Minor Facilities within the Rural. Residential-Suburban, Residential-Urban, Residential-Manufactured Home Park, Commercial-Business. Commercial-Limited, Commercial-General, and Industrial zone districts shall be located on a Permitted Site and shall accommodate only people supporting operations at that Permitted Site. b. Minor Facilities within Resource Lands-Plateau zone district located on a Permitted Site may accommodate people supporting operations off of that Permitted Site (e.g. on another COGCC approved oil/gas well pad) Deleted: a Deleted: needed onsite 3) Major Facilities are occupied by twenty-five (25) or more people at any given time; or which have an occupancy of twenty-four (24) or less, 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 Article 7-808(0)(1). Such facilities are either a use-by-right to a property or 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 Articles 7-808(0)(1 ), 7-808(0)(2), or 7-808(0)(3) of this Land Use Code. Amendment To Article XVI, Section 16-101, Major Temporary Housing Facilities Definition Current Definition Major Temporary Housing Facilities. Major Temporary Employee Housing Facilities shall have at least one of the following basic characteristics. 1) The Major Temporary Employee Housing Facilities or any associated infrastructure (including ISOS) ("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, 2) The Major Facilities are to be located at the permitted site for more than a cumulative of one (1) year; or, 3) The Major Facility has an occupancy of twenty five (25) people or more who are 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. Proposed Definition Major Temporary Housing Facilities. Major Temporary Employee Housing Facilities shall have at least one of the following basic characteristics. 1) 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, 2) The Major Facilities are to be located at the permitted site for more than a cumulative of one (1) year; or, 3) The Major Facility has an occupancy of twenty five (25) people or more who are employees, contractors or sub-contractors of the operator of the majo~:J~~illty ___ _ and are supporting. th~_proper execution and safety pf the related commercial, industrial, extraction or highway operation§. Amendment To Article XVI, Section 16·1 01, Minor Temporary Employee Housing Definition Current Definition Minor Temporary Housing Facilities. Minor Permits shall have all of the following basic characteristics. 1) The Minor Temporary Employee Housing Facility and any associated infrastructure ("Minor Facility(ies)") must be completely contained within a state or federally permitted parcel (i.e. 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, 2) The Minor Facility is located at the Permitted Site for less than a cumulative of one {1) year; and, 3) The Minor Facility shall have an occupancy of nine (9) to twenty-four (24) people who are employees, contractors or sub-contractors of the operator and are needed for onsite safety of the related commercial, industrial, extraction or highway operation. Proposed Definition Deleted: small Deleted: for Deleted: are needed for on site safety Minor Temporary Housing Facilities. Minor Permits shall have all of the following basic characteristics. 1) The Minor Temporary Employee Housing Facility and any associated infrastructure ("Minor Facility(ies)") must be completely contained within a state or federally permitted parcel (i.e. 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, 2) The Minor Facility is located at 2. Permitted Site for less than a cumulative of one ( 1) year; and, 3) The Minor Facility shall have an occupancy of nine (9) to twenty-four (24) people who are employees, contractors or sub-contractors of the operator and are supporting Jhe proper execution and safety of t_!1!3 Jelated commercial, industri9l. _ extraction or highway operation§. ( Deleted: the -[ Deleted: needed for onsite Amendment To Article 7-808(0)(1) and (0)(2) Major Temporary Employee Housing Standards Current Language 1. Major Temporary Employee Housing Facilities ("Major Permit"): a. 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 Factory Built Nonresidential Structures [as defined under C.R.S. 24-32-3302(9)] and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposes] may be granted for projects within Gartield 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 Section 4-1 06 of this code, as a Major Impact permit. All Major Impact Permits for Centralized Employee Housing/Major Temporary Employee Housing Facilities are 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 (Resolution 201 0-26): (1) 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, (2) The Major Facilities are to be located at the permitted site for more than a cumulative of one ( 1) year; or, (3) The Major Facility has an occupancy of twenty five (25) people or more who are 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. b. Temporary Employee Housing Facilities having an occupancy of 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 administrative review process contained in Section 4-104 of this code. c. Major Impact Permits for Major Facilities: The Temporary Employee Housing Operator shall submit an adequate site plan, consistent with Section 4-502 (C)(3) of this code. (1) Water and wastewater systems proposed to service temporary employee housing must comply with all applicable state and local laws and regulations. In addition, all sewage must be disposed of on-site using an Individual Sewage Disposal System (ISDS) unless the Temporary Employee Housing Operator can prove: (a) 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 (b) That, at the discretion of the Garfield County Board of Health, yearround access is available and maintained for safe and regular access for sewage hauling vehicles. In addition, the following conditions must be met: The Temporary Employee Housing Operator must demonstrate and guarantee an arrangement for hauling sewage; and 1) The Temporary Employee Housing Operator must maintain all records including but not limited to trip logs/reports and landfill receipts; and 2) 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 3) The temporary housing must not exceed a cumulative of one (1) year at an approved location. 4) These facilities shall be designed to accommodate 75 gallons of wastewater per person per day. 5) If 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. (2) For sites where potable water is hauled to and wastewater is hauled out, Temporary Employee Housing Operators 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 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 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 facilities permitted by the Colorado Department of Health and Environment (CDPHE) must obtain all necessary state permits prior to the scheduling of a Major Impact Permit for Temporary Employee Housing public hearing and maintain continuous conformance to state regulations at all times during operation of the Major Facility. (3) In no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface. (4) Major Impact Permits lor 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 Facility(ies), regardless of land ownership or operator. Major Impact Permits lor Temporary Employee Housing Facilities lor 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. II the Temporary Employee Housing Operator is applying for a Major Impact Permit for Major Facility(ies) on an approved COGCC well pad, the Temporary Employee Housing Operator must provide the relevant approved APD permit indicating housing location(s) along with the application for a Major Impact Permit for Major Facility(ies). (5) The maximum allowable time length of the Major Impact 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" lor renewal. The Temporary Employee Housing Operator 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 Major Impact Permit lor Major Facilities application. Failure to provide a statement of intention for renewal will prohibit the Major Impact Permit for Major Facility(ies) permit from future renewal consideration. (6) 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 Major Impact Permit for Major Facility(ies) Inhabitants of the Major Facility shall be Temporary Employee Housing Operator's employees and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. (7) 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 lor operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. (a) Fire Protection General Requirements: 1) Provisions shall be made for giving alarm in case of fire. It 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 International Fire Code (IFC) 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 or electrical fires (Class A, Class B and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (1 00) 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. 2) 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 §901.4 and §901.6 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 International Fire Code (IFC) §907.2.9 and §907.2.1 0 and the requirements of the relevant fire protection districts. 3) 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 thirty (30) gallon (4 cubic feet) container shall be provided for each unit or the equivalent in a central trash collection facility. Said container(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 Temporary Employee Housing Operator shall provide a detailed map and GPS coordinates to the Garfield County Sheriff's Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the temporary employee housing 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 Sheriff's Office and relevant Fire Protection District. (8) If 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 Major Impact 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. (9) If a Major Impact Permit for Major Facilities is granted, the Temporary Employee Housing Operator shall notify the county when site development begins. The Temporary Employee Housing Operator 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 Limited Impact 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 reserves the right to inspect a site, without notice, to assess compliance with the Major Impact Permit for Major Facilities. A determination of noncompliance with any Major Impact Permit for Major Temporary Employee Housing Facilities, or condition approval thereof, is grounds for revocation or suspension of said permit. (1 0) If 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 Major Impact Permit for Major Temporary Employee Housing Facilities shall not be granted. (11) No animals shall be allowed at Major Temporary Employee Housing Facilities or on Permitted Sites. (12) In evaluating a request for a Major Impact 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. (13) The Temporary Employee Housing Operator shall submit as part of the Major Impact Permit for Major Temporary Employee Housing Facilities, a reclamation and revegetation plan for each specific site. 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 Major Impact Permit lor 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 Temporary Employee Housing Operator. b) All areas compacted by Major Temporary Employee Housing Facilities site 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-live 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 reestablish 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. In the absence of an agreement between the Temporary Employee Housing Operator and the affected surface owner as to what seed mix should be used, the Temporary Employee Housing Operator shall consult 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 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 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 Temporary Employee Housing Operator that final reclamation has been approved. f) Specifically as to revegetation, the Temporary Employee Housing Operator 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 Garfield County Vegetation Management Plan adopted by resolution No. 2002-94, as amended. Major Temporary Employee Housing Standards Proposed Language 1. Major Temporary Employee Housing Facilities ("Major Permit"): a. 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 Factory Built Nonresidential Structures [as defined under C.R.S. 24-32-3302(9)] and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposes] may be granted for projects within Garfield County related to commercial, industrial, 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 Section 4-106 of this code, as a Major Impact permit. All Major Impact Permits for ,Major Temporary Employee Housing Facilities are 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 (Resolution 201 0-26): (1) 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, (2) The Major Facilities are to be located at the permitted site for more than a cumulative of one (1) year; or, (3) The Major Facility has an occupancy of twenty five (25) people or more who are employees, contractors or sub-contractors of the operator of the .c.D.illQ[_facility _ and are supporting, the proper execution and .safety of the related commercial, industrial, extraction or highway operation.§.. b. Certain Temporary Employee Housing Facilities having an occupancy of 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':,) are subject to the Minor Temporary Employee Housing Facility administrative _ review process contained in Section 4-.108 oJ !~i~ f()de. c. Major Impact Permits tor Major Facilities: The Temporary Employee Housing Operator shall submit an adequate site plan, consistent with Section 4-502 (C)(3) of this code. (1) Water and wastewater systems proposed to service temporary employee housing must comply with all applicable state and local laws and regulations. In addition, all sewage must be disposed of on-site using an Individual Sewage Disposal System (ISDS) unless the Temporary Employee Housing Operator can prove: (a) 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 (b) That, at the discretion of the Garfield County Board of Health, yearround access is available and maintained for safe and regular access for sewage hauling vehicles. In addition, the following conditions must be met: The Temporary Employee Housing Operator must demonstrate and guarantee an arrangement for hauling sewage; and 1) The Temporary Employee Housing Operator must maintain all records including but not limited to trip logs/reports and landfill receipts; and 2) 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 Deleted: small Deleted: for Deleted: needed for onsite Deleted: or "Small Facility" -Deleted: 104 3) The temporary housing must not exceed a cumulative of one (1) year at an approved location. 4) These facilities shall be designed to accommodate 75 gallons of wastewater per person per day or in an amount derived from en ineered ca culation take from metered usa e rates at a similarfacilit . ~~~ ~~, 5) If the total waste production from a facility ill b ooo gallons \es.> +' per day o~eatQr based on a production of 75 gallons~ V\...CMA ®~e.re<i...caiCQt.<ill91J...ffites( of _wastewater generation per person __;)~ per day, then the facil~all be serviced by an IS§:S. Haule~ sewage and wastewater service shall not be permitftfl-fer a:ify fUIM-ff facility which will generate a total of 2000 gallons of wastewater > ~ c91)<) ~tl ( ' -~and sewage per day. r-\-IA. '--( c:; \(~-\-e0U.A y.Nb ('o~ , ~~r r ~---z..ol9-0 9o\.ls '(U2-\ c!Ju.-t ~L~'-.M s~k o...-ryVDua-.( ~ "-(2) For sites where potable water is hauled to and wastewa\er IS haUled out, A ~ y_ Temporary Employee Housing Operators must keep appropriate records, to be OJ-:s.c.L-t~ ~Vll\lu. r provided to the County upon request to demonstrate that water supplied to a site ~ S b::t::J (a) lo a.cJ.o is from an approved source and that wastewater is disposed at an approved \/l _ .,__A .k v · facility. For water facilities not permitted by the Colorado Department of Health ' t.e.p <k...u ., v ~~~ J A and Environment (CDPHE, the operator must conduct monthly tests (or quarterly Pt_,cl l; (_ b-k 1 /_ if an on-site disinfection system is installed) and maintain records of potable l7 d.-l VI 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 facilities permitted by the Colorado Department of Health and Environment (CDPHE) must obtain all necessary state permits or demonstrate that applications for any necessary permits have been submitted prior to the ·--scheduling of a Major Impact Permit for Temporary Employee Housing public hearing and maintain continuous conformance to state regulations at all times during operation of the Major Facility. (3) In no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface. (4) Major Impact 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 Facility(ies), regardless of land ownership or operator. Major Impact Permits for 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 ~ Colorado Oil and_ G?S 9.9!:T1_11Ji§~i9n ( Deleted: the (COGCC) approved well pad and there will be no new additional land '---~~~~~~~---'-disturba nce outside of _s.COGC_Q ?J?Qroved well pad area. If the "I~11Jj)()rary_ _ _ _ _ (.._ De_leted_:_th_e~~~~~-Employee Housing Operator is applying for a Major Impact Permit for Major Facility(ies) on an approved COGCC well pad, the Temporary Employee Housing Operator must provide the relevant approved APD permit .,along with_ the _ _ -Deleted: indicating housing application for a Major Impact Permit for Major Facility(ies). .._loc_atio_n('s-')'--~~~~----, (5) The maximum allowable time length of the Major Impact 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 Temporary Employee Housing Operator 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 Major Impact Permit for Major Facilities application. Failure to provide a statement of intention for renewal will prohibit the Major Impact Permit for Major Facility(ies) permit from future renewal consideration. (6) 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 Major Impact Permit for Major Facility(ies) Inhabitants of the Major Facility shall be Temporary Employee Housing Operator's employees and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. (7) 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: 1) Provisions shall be made for giving alarm in case of fire. It 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 International Fire Code (IFC) 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 tlarnrnable liquid or electrical fires (Class A, Class Band Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (1 00) 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. 2) 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 §901 A and §901.6 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 International Fire Code (IFC) §907.2.9 and §907.2.1 0 and the requirements of the relevant fire protection districts. 3) 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 thirty (30) gallon (4 cubic feet) container shall be provided for each unit or the equivalent in a central trash collection facility. Said container(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 Temporary Employee Housing Operator shall provide a detailed map and GPS coordinates to the Garfield County Sheriff's Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the temporary employee housing 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 Sheriff's Office and relevant Fire Protection District. (8) If 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 Major Impact 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. (9) If a Major Impact Permit for Major Facilities is granted, the Temporary Employee Housing Operator shall notify the county when site development begins. The Temporary Employee Housing Operator shall verily 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 Limited Impact 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 reserves the right to inspect a site, without notice, to assess compliance with the Major Impact Permit for Major Facilities. A determination of noncompliance with any Major Impact Permit for Major Temporary Employee Housing Facilities, or condition approval thereof, is grounds for revocation or suspension of said permit. (1 0) If 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 Major Impact Permit for Major Temporary Employee Housing Facilities shall not be granted. (11) No animals shall be allowed at Major Temporary Employee Housing Facilities or on Permitted Sites. (12) In evaluating a request for a Major Impact 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. (13) The Temporary Employee Housing Operator shall submit as part of the Major Impact Permit for Major Temporary Employee Housing Facilities, a reclamation and revegetation plan for each specific site. 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 Major Impact 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 Temporary Employee Housing Operator. b) All areas compacted by Major Temporary Employee Housing Facilities site 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 reestablish 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. In the absence of an agreement between the Temporary Employee Housing Operator and the affected surface owner as to what seed mix should be used, the Temporary Employee Housing Operator shall consult 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 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 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 Temporary Employee Housing Operator that final reclamation has been approved. f) Specifically as to revegetation, the Temporary Employee Housing Operator 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 Garfield County Vegetation Management Plan adopted by resolution No. 2002-94, as amended. Minor Temporary Employee Housing Standards Current Language 2. Minor Temporary Employee Housing Facilities ("Minor Permit"): a. Minor Temporary Employee Housing Facilities, in the nature of Factory Built Nonresidential 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 purposes], may be granted land use approval for projects related to commercial, industrial and mineral extraction operations 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: 1) The Minor Temporary Employee Housing Facility and any associated infrastructure ("Minor Facility(ies)") must be completely contained within a state or federally permitted parcel (i.e. 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, 2) The Minor Facility is located at the Permitted Site for less than a cumulative of one (1) year; and, 3) The Minor Facility shall have an occupancy of nine (9) to twenty-four (24) people who are employees, contractors or sub-contractors of the operator 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., have an occupancy of 8 or fewer people or 25 or more 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 Facility", are subject to the special use review process and standards and requirements contained in Article 7-808(0)(1-3) and the enforcement provisions of Article 12. b. The Minor Facility shall adhere to the following Minor Permit standards: 1) Minor Facilities must comply with all applicable federal, state and local laws and regulations. 2) 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. 3) 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 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. 4) 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. 5) At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be provided for each factory built nonresidential structure or recreational vehicle unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. 6} 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. 7) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Minor Facility are provided. 8) Factory built nonresidential structures 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 §901.4 and §901.6 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 factory built nonresidential structures or recreational vehicle units in accordance with 2003 International Fire Code (IFC) §907.2.9 and §907.2.1 0 and the requirements of the relevant fire protection districts. 9) Single-station carbon monoxide alarms shall be placed in each factory built nonresidential structure or recreational vehicle unit. 10) 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 factory built nonresidential structure or recreational vehicle unit and placed in accordance with applicable codes. 11) Inhabitants of the Minor Facility shall be Temporary Employee Housing Operator'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. 12) 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. 13) No domestic animals are allowed at a Minor Facility. 14) 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. If the Minor Facility is located outside the boundaries of a fire protection district, than Each Minor Facility shall have at least one (1) water storage tank with a minimum of 2500 gallons of water for initial fire suppression, operation of sprinkler systems (if applicable) and wild land fire protection. 15) All emergency situations requiring action by any government agency or fire protection district shall be documented in writing and presented to the Planning Department and Garfield County Sheriff's Office within 24 hours of the occurrence. 16) All required Access Permits shall be obtained from the Garfield County Road and Bridge Department or the Colorado Department of Transportation. 17) The Garfield County Sheriff's Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Department shall be copied on all such notification, whether hard copy or electronic. 1 B) 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. 19) Wastewater Disposal: (a) 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. In 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. If a vault system is proposed or has been approved, the Temporary Employee Housing Operator/Operator must: (1) Demonstrate that year-round vehicular access is available and maintained for safe and regular access for sewage hauling vehicles. (2) Provide a copy of the contract for hauling sewage. (3) 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. (4) If 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) Individual Sewage Disposal System (ISDS): If 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 Resolution 2008-82. Minor Temporary Employee Housing Standards Proposed Language 2. Minor Temporary Employee Housing Facilities ("Minor Permit"): a. Minor Temporary Employee Housing Facilities, in the nature of Factory Built Nonresidential 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 purposes], may be granted land use approval for projects related to commercial, industrial and mineral extraction operations 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: 1) The Minor Temporary Employee Housing Facility and any associated infrastructure ("Minor Facility(ies)") must be completely contained within a state or federally permitted parcel (i.e. 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, 2) The Minor Facility is located at g._PeJmitt~d Sit~ fo! less than a cumulative of one (1) year; and, 3) The Minor Facility shall have an occupancy of nine (9) to twenty-four (24) people who are employees, contractors or sub-contractors of the operator and are. supportinq the proper execution and safety of the relate_9 ~o_ITl_rD~r:.claJ, _ _ industrial, extraction or highway operation~ . Temporary employee housing facilities that do not have the three characteristics listed above, i.e., have an occupancy of .f!-5 or mo~e peopJe, on lgcation for more than a cumulative of one (1) year or not completely contained within a Permitted Site, i.e. ~'fyl§liO! fa_cUity~·-'~r_e_s_upie_c! to_t__h_e_sp_e.ci?! ~~~review process and standards and requirements contained in Article 7-808(0)(1-3) and the enforcement provisions of Article 12. b. The Minor Facility shall adhere to the following Minor Permit standards: 1) Minor Facilities must comply with all applicable federal , state and local laws and regulations. 2) 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. 3) 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 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. 4) 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 regulation s. 5) At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be provided for each factory built nonresidential structure or recreational vehicle unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. 6) 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. ( Deleted: the Deleted: Deleted: needed for onsite for { Deleted: 8 or fewer people or ( Deleted: "Small Facility" or 7) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Minor Facility are provided. 8) Factory built nonresidential structures 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 §901.4 and §901.6 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 factory built nonresidential structures or recreational vehicle units in accordance with 2003 International Fire Code (IFC) §907.2.9 and §907.2.1 0 and the requirements of the relevant fire protection districts. 9) Single-station carbon monoxide alarms shall be placed in each factory built nonresidential structure or recreational vehicle unit. 1 0) 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 factory built nonresidential structure or recreational vehicle unit and placed in accordance with applicable codes. 11) Inhabitants of the Minor Facility shall be Temporary Employee Housing Operator'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. 12) 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. 13) No domestic animals are allowed at a Minor Facility. 14) 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. If the Minor Facility is located outside the boundaries of a fire protection district, than Each Minor Facility shall have at least one (1) water storage tank with a minimum of 2500 gallons of water for initial fire suppression, operation of sprinkler systems (if applicable) and wild land fire protection. 15) All emergency situations requiring action by any government agency or fire protection district shall be documented in writing and presented to the Planning Department and Garfield County Sheriff's Office within 24 hours of the occurrence. 16) All required Access Permits shall be obtained from the Garfield County Road and Bridge Department or the Colorado Department of Transportation. 17) The Garfield County Sheriff's Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Department shall be copied on all such notification, whether hard copy or electronic. 18) 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. 19) Wastewater Disposal: (a) 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. In 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. If a vault system is proposed or has been approved, the Temporary Employee Housing Operator/Operator must: (1) Demonstrate that year-round vehicular access is available and maintained for safe and regular access for sewage hauling vehicles. (2) Provide a copy of the contract for hauling sewage. (3) Maintain all sewage disposal records including but not limited to trip logs/reports and landfill receipts as public records, available to the C9unty and/or any other interested third party upon request. (4) If 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 ewage per day. (b) Individual Sewage Disposal System (ISDS): If 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 Resolution 2008-82. Article 4-202 Land Use Code Text Amendme1 4-202 (8) Criteria for Approval of Amendment! __ ..... Land Use Code. a. Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed text amendment is consistent with applicable provisions of the Gartield County Comprehensive Plan and any intergovernmental agreements affecting land use or development or an approved amendment to the Comprehensive Plan prior to the decision on the text change. Response: The proposed text amendment is consistent with the current Temporary Employee Housing regulations. Section 4.0 Commercial and Industrial Uses of the Garfield County Comprehensive Plan of 2000, Commercial & Industrial Uses states that , the County will encourage the development of a diversified industrial base for the County which recognizes the human resources, natural resources and physical location-to-market capabilities of the community, and which further recognizes and address the social and environmental impacts of industrial uses. The purpose of the proposed text amendment is to modify the existing Minor Temporary Employee Housing regulations allowing for a facility to be placed wholly on a "permitted site" that may accommodate activities on a separate "permitted site". This will reduce truck traffic related to the delivery and installation of housing units. Additionally, the requested change will allow for the construction of smaller well pads, limiting the need to increase the size of existing well pads and reduce the overall surface disturbance. By not requiring a housing facility to be relocated with each drilling rig move, the over all environmental impacts are reduced. The requested amendment is limited to the Resource Lands zone district which is primarily identified as "outlying residential" on the Comprehensive Plan's Proposed Land Use Designation map. The requested text amendment is in compliance with the Goals, Objectives and Policies of the Comprehensive Plan and Intergovernmental Agreements. b. Compliance with Statutory Provisions. The proposed text does not conflict with State statutory provisions regu lating land use. Response: The proposed text amendment complies with all applicable state statutory provisions regulation land use. 4-202 (9)Criteria for Approval of Request to Add Use(s) to Zone District a. Increased Hazards. The proposed use does not result in hazards or alter the natural environment to an extent greater than the other uses permitted in the zone district to which it would be added. b. Increased Nuisance. The proposed use does not create more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than that normally resulting from the other uses permitted the zone district to which it would be added. c. Compatibility. The proposed use is compatible with the uses permitted the zone district to which it would be added. Resoonse: Oxy has not requested the addition of uses to a zone district. This request applies to uses currently contemplated in the land use code. This section is not applicable to this application. Application Attachment A LEGAL DESCRIPTION: OXY USA, INC TO OXY USA WTP LP RECEPTION 759939 GARFIELD COUNTY, COLORADO TOWNSHIP 6 SOUTH, ~ANGE 97 WEST S<CTION 5o srr;., $~, LOTS 9-I 6 SECTION 4o SlY., S~, LOTS 9-1 6 SECTION 5: Sir., '1111 SWY., El> SWY., lOTS 5-7. EAST L62 ACRES Or LOT 8, lOTS 9-16 SECTION ll; E)> SW);, E)> SEY •• E)> 'Ill> Si:J~. wr. wli sit.. uns 13. 15, 1 e, 18, ?2-25, W1J, lOT I L, ""' LOT 17 <):I lOT 14, ~ LOT 17 SECTION 8: Stl;, El> N\W,, El> SWV., Nlr., s.W. NWI.. wr. swr,, E)> Mi. E1; SECTION 9: $II $11, k1i. NJ> $11. ALL S<CTION 1 Oo Wil. ~. ALL SECTION 15: til, ALL SECTION 16: $II N'/l)j, N1> ""'· $'1/1',, stv., $1! NEI:; SECTION 17: SWY.. N\W,, E)> NWY.. E)>, \W, ... ~ SE:CTIOW 1 B: swt, NEJ'~, S~ t\1/i%, ~ SElic, H);? h~. SE:It.t Nm, E1i S~ SECTION 1 9: ~El:<. Ell_ NWY., E)> '1/11 NWY.. t4.76 ACRES OUT or VALLEY AR£A PORTION or fR .. CTIO~I<L SIJ4 SECTION 20; MY,, Mi., SE)l, All SECTION 21 : ALL SECTION 22: A l..l.. SECTION 28; 165,404 ACRES 0\IT Of UPLAND AREA PORTION OF $11, 241.1 AC~ES OUT Of THE UPU.NP AREA PORTION or r-87. N'h%, NVfl~ SECTION 29; ALL SECTION 30: 1 '-9.372 ACRES OU'! OF sE/lY VALLEY "REA PORTION OF RACTIO~AL S.ECTIO~ .30, 0.247 ACES LYING IN THE NEi'"' S<CTIO~ 31' 117.73.2 ACR<S OUT OF VALLEY .lRE.& PORTION OF FRACTIONAL SEC, 31 (A PORTION OF 6ECKY 5 AND 6 PLACER ~~~I ~Q CLAIMS) S~CTIO~ !2' LOTS I -4 SECTION 35; 60 .:<!6~ ACRES OUT OF UPLAND AREA PO~TION OF F"RACTIOh:AL SE:"C" 33 (PORTION or LOTS 3 &: 4) SECTION 4: 42.701 ACRES CUT Of PORTIOt\S OF IRACTS 76-81 IN UPL.-~D AREA PORTION OF SE:'C, 4 SECTION :;, SUI!-IRACTS A&B OF lRACT 8:1., SUB-TRACTS .1&8 or TRACT 83, THAT POIITION or TRACT 60 LYING IN SEC 5. THAT PORTION or TRACT Bl LYING IN SEC 5 SECTION 6; 442.:Z61 Jo.CRES± OUT or PARTS or S[C. 611:7 CONSISTING Of 235.734 -~CRES 6[1NG THE" UPUND AREA. PORTION or SE:C. 6 (PoltlloNS or !~AcTs a5-a7, ALL S[C. 6 LESS AND EXCEPTING UPLAND LA~DS IN 25S,?S• ACRES UPL.olhD AREA PORTION OF src. 6 (PORTIONS or TlOACTS 85-87) SECTION 7; 442.281 ACR£S± OUT or PARTS or S[C. 6&7 CONSISTING OF' 2 06.54 7 ACRES 8[1 NG THE U PLANO AREA PORTION or SE:C" 6 (PORliOHS or TRiiCTS BB-91, ALL SEC. 7 LESS AKD EXCEPTING UPLAND LANDS I~ 206.547 AC~ES UPLAAO AREA PORTION OF SEC, 7 (PORTIONS or ffiACTS SB-9 1 } .... G 697-15-01 Pad c:::J 697-16-16 Pad County Roads Existing Private Roads PROJECT NO: 008-2126 DRAWN BY: JAS DATE: 06125110 0 0.5 OXY 967-1 6-16 TEMPORARY HOUSING LOCATION OXY USA WTP LP GARFIELD COUNTY, COLORADO Miles 2 0\oLSSON ASSOCIATES 82621-112 ROAD GRAND JUNCTION C081505 TEL 970.263.7800 FAX 970263.7456 N ~ FIGURE Existing Private Roads 0 Parcels 0 0.5 2 County Roads Q 216921400026 (Area: 10,303 acres) --.:====::::. ____ Miles PROJECT NO; DRAWN BY: JAS DATE: 08110/2010 PROPOSED OXY MINOR TEMPORARY EMPLOYEE HOUSING TEXT AMENDMENT OXY USA WTP LP GARFIELD COUNTY, COLORADO 1 inch equals 1 mile 0\oLSSON ASSOCIATES 82621·112 ROAD GRAND JUNCTION, C081505 TEL 970.263.7800 FAX 970.263.7456 N ~ FIGURE l ' i I ---I \ I -,---;- .:4! DEED This Deed ("Deed"), dated effective as of January 1, 2001 Is between OXY USA Inc., a Delaware corporation, whose address Is 5 Greenway Plaza, Suite 110, Houston, Texas 77046-0504 ("Grantor") and OXY USA WTP LP, a Delaware limited partnership, 5 Greenway Plaza, Suite 110, Houston, Texas 77046-0506, ("Grantee"). WHEREAS, by that certain Assignment, Conveyance and Bill of Sale effective as of January 1, 2001, recorded in Book 1235 at Page 192 of the records of Garfield County, Colorado ("Assignment"), Grantor intended to assign and convey certain personal and real property to Grantee; and WHEREAS, by this Instrument, Grantor desires to clarify its intention to convey and deed the real property described In Exhibit A attached hereto to Grantee. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which were acknowledged by Grantee in the Assignment, Grantor doas hereby sell, assign, transfer, convey, deed and set over unto Grantee, and its successors and assigns, all of Grantor's rights, title and interests in and to the following, collectively referred to In this Deed as the "Real Property". All of Grantor's right, title and Interest In and to the Real Property described In Exhibit A Including, but not limited to, all of Grantor's right, title and interest In: (I) any oil, gas, and/or other minerals; (II) any surface and subsurface water and water rights belonging to, utilized for, or appurtenant to the Real Property, whether adjudicated or not adjudicated; (Ill) surface and subsurface sand and gravel; (lv) rights-of-way, easements, road use agreements, rights of access, surface agreements, servitudes and similar Interests acquired or used In connection with the surface and subsurface of the Real Property; (v) timber; (vi) any contracts affecting the Real Property; (vii) any permits, authorizations, and licenses of any nature owned, held or operated In connection with the surface and mineral estate of the Real Property; and (viii) all rights and privileges appurtenant to the Real Property, regardless of whether those rights and privileges appurtenant to Real Property are specifically Identified herein. It Is the Intent of the Grantor to sell, assign, transfer and convey, and Grantee to accept and acquire, all of the Grantor's right, title and Interest In the Real Property, TO HAVE AND TO HOLD the Real Property, with all Its appurtenances, unto Grantee, Its successors and assigns, forever, subject to the following terms, covenants and conditions: 1. No Warranty, This conveyance Is made by Grantor and accepted by Grantee without any warranty whatsoever and without warranty of title, either express or Implied. This conveyance Is made with full substitution and II Dill ~WPJ(\'(U ~ 111 fi~~~M~~ »~~· W'i .I1~M PJlJI1fi" ~~~~ ~·.•), 01 111 Rcoeptlontt: 769939 12/,0/20~9 02: 11:49 P~ Jc~n Alborlco 2 o II Reo Fee :SSG.CO Coo Foo:O.OO GARFIELD COUIITY CO subrogation of Grantee In and to all covenants and warranties heretofore made or given by others. 2. Successors and Assigns. The terms and conditions of this Deed shall extend to and be binding upon the successors of, or assigns of the respective parties hereto, and shall be covenants that run with the land. 3. Further Assurances. Grantor and Grantee agree to execute and deliver from time to time such further instruments and do such other acts as may be reasonably necessary to effectuate the Intents and purposes of this Deed. 4. Governing Law. This Deed Is governed by and must be construed In accordance with the laws of the State of Colorado excluding any conflicts-oflaw rule or principle that might apply the law of another jurisdiction. IN WITNESS WHEREOF, Grantor has executed this Deed on the date of the acknowledgment contained herein, but effective as of January 1, 2001. Name: fllttV) k\.otWMtrc Title: ft1{?WvWj -i 11 ~ M STATE OF TEXAS ) )ss COUNTY OF HARRIS ) The foregoing Deed was executed before me on this( [!l! day of December, 2008, by Alan Schwartz, Attorney-In-Fact of OXY USA Inc., a Delaware Corporation, Grantor. WITNESS my hand and official seal. My commission expires: ~-/~ 3· d 0 l ~ ~~111 & . ,(\ c6 )rd -1~ lfU~E.SANOAT;""""' Notary Public r}J MY ~ION EOO'iR.ES \} ~L23, 2012 0"-.'Y l\'l.J'MB'£R ORIGINAL GRA..'\IOR 00006801 DELOS D POTI'ER. ET AL EXHIBIT A This deed conveys an of the real property described in the recorded doamlen1S fisted beiCNJ under "Recoroing Data.· an of which are recorded in Garfield County. Co!orado and incorpo:crted by this reference ORI<;r.{AL GRA.'1 :"E£ EFFEC1'1V'E RECORD DiG OAT A E:XUIBIT DESCRIPTIO~ CI11ES SERVJCE OU..COMPA..W DATE ®031!953 CO I GAR<-""1ELO-BOOK USNCo1=<!o/Q,1>Cld 2S4 !'AGE 354 6th PM TOOGS-R097\V: SEC 005 SE4 LOT 10 (ALL) LOT: I (AU.) LOT !2(ALL) LOT 13 (ALL) LOT 14(ALL) LOT l5(ALL) SEC005 \V2SW4 LOT9 LOT!6 SEC006 E2 SW4. E1 SE4. E2 W2 SE4 LOT I3 (ALL) t.OT i4 ('W/2) LOT 17 (W/2) LOT IS(AU.) LOT22(ALL) LOT23 (ALL) LOT24(ALL) LOT25(AU...) W2 V.'2SE4 LOT 1..; (E!2) LOT15(ALL) LOT 16(ALL) LOT 17(EI2) (,) .... :;:t;l. a:=*== .... ~.g~ -~t"'rt:: ~gO~ oo?c:::::S ~-·~ ~=~~ .= :wg=~= 8:ll'"::i; "0 ~ ..;... = o• --~~ ~ •» ~ ·g0•;~, =~~== ~0 ,_.. ;g ;:: ~ ~ 0 ~ ~ ~ g iii: i -~ ;;:;.. liiiil 00006802 00006803 00006S04 00006805 00006ll06 00006808 00006809 DELOSD POT'T"ER. ET AL DELOSD POTIER. ET AL DELOS 0 POTIER. ET AL DELOS D POTTER DELOSD POlTER.. ET AL DELOS D POTTER 1\.'\'D GERTR.t.l'OE POTffiR DELOS D POTIER 1\.i.~D GERTRtiDE I POTTER CmES SERVICE OILCO~PA.."lY C1TiES SER':1CE OILCOMPAh'Y CmES SERVtCE OrLCOMP'A}..'Y CITIES SERVICE OIL COMPA!\.'Y CITIES SERVICE OIL COMPANY CITIFS SERVICE OJLCOMPANY CITIES SERVICE OIL COM?A:'•N Q7,27fl953 07/031I953 Oil20/1953 Oi/23/1953 06/lS!t9S3 06104/1953 0Sl2SII9S3 CO I GARFIElD-BOOK USNColor.:ado'G::rrfi eld 2~ PAGE 352 6th PM T006S M R09iW: SEC OJ s SW4 :O...'E4. SE4 !'\\V4. ¥.'2 SE4. !'l2 ~E4 SEC OJS SE.::. :r-.1!4. E2 SE4 CO f GARFIELD-BOOK USNColor:ldo/CQrficld 2S4 PAGE 350 6th P)ll T006S -R097W: SEC 020 XE4 CO! GARFr£LD-BOOK USAIColor:Wo.'Glrficld 2Sc: PAGE 34S 6th PM T006S M R097W: SEC oos SE4, E2 'f\."WO:. E2 $\"14.1\.1;4 SECOOS sw.: l\"W4. W2 S\\'4 CO I GARFTELD-BOOK USNColOr::ldo!Gmidd 2S4PAGE346 6th PM TOOGS-R097W: SEC 009 ALL SECOJO \V2 CO I GARRELO-BOOK l.i'SA/Color:tdo/CIZ'!iclcl 284 PAGE344 6th~t T006$-R097W: SEC 017 SW4.l\"\V4 CO i GARFIELD-OOOK ALL SEC 29. W!2. SE/4 SEC 20. NE/4. Ei21'."\V/4. 286 PAGE6 'F.12W/2NW/4SEC 19.6S-97\V.6THP. .' 1-GARFTELD co CO I GARFIELD-BOOK t.."SNCo1or.ldo.'G;n1ictd 2S6 PAGE 19.5 6th PM T006S-R09iW: SEC 010 ...._:r,fll o!::!Bo==: -og~ ::w'!c :u8~:::;!! g~~;;a "'I'!N••!e; ID•• !tb ~==Oi~;;.:g~ ~"'wz;;c:= 8"l"'i:i!E :? c.,. -:r •• ":S .,3 ::li)m :·:·o-=-=-0~-~~ ~ o-m,;; ~8 E= ~ :::; m :.._ :; ~ ~ ~ ~ -0 ;9-¢ - .:n-:Q· o~==: E2 -og~ =;;;~c SECOJS ;o80ii~=! E2 ~~~~ ~~--;;;:; !l!=ti~ 00006SIO DELOS D P01TER. crriES SERVICE 0$/07/1953 COr GARFfELO-BOOK t:SA/Cclo::~dolcmt!ckl ~i.~=== AND GER1RtiDE. I OILCOMPA~"Y 291 PAGES63 6th PM ~:~~ PO 'ITER 1'006S • R097W: SEC003 ""' :;e 0 SE4.SW4 z: :":"s'"i LOT9 LOTJO •~ · === ., ~ LOTI! ?if =-LOT12 "" ~ o-n LOT:3 ;"g'O ;;:::: L0Tl4 ~ LOT IS ;;; r """" LOTJ6 ~ 0 ~" ;;;;; SEC 004 .... S[-4.SW4 ~ LOT9 "0 ~ LOTIO -LOT!l LOT12 LOT13 LOT 1.4 LOTlS LOTI6 00006Stl GER1'RUDEJ CITTES SERVICE 0812<Jil955 CO I GARFIELD-BOOK t..:SNCo10r.ldo/G:tr! idd POTTER. Oft.COMPA.'f'{ 305 PAGE !13 6th P~t TOOGS-R097\\': SEC032 LOT: LOT?. LOT3 LOT.! 00333100 DELOS D POTTER CmES SER\1CE OTLC0:>. .1 Plu'-"Y 05112-'1953 t;SNColoodo!G3rfield 6thP:vi T007S -R097W: SEC 006 ..;42.281 AC MILOt.TOFPARTS OF SEC. 6, 7. 7S-97W. 611-£ PM. CONSJ:S1TXG OF 235.734 ACS BEING THE li'PLAJ\."0 AREA PORn OX OF SEC 6 (PORTIO X$ OF11tS5,86&8i).&206.547 ACS BEII'G Tl IE TJPLr\~D ?ORTIO~ OF SEC 7 (PORTIO:-.!S OFTRSS. 89~ 90 & 91). GARr-rnD CO-LESS :MTh."ERAL RIGhi'S DOW~ TO THE TOP OF THE DOt;GLAS CREEK MEMBER OF ntE GREEK RIVER FOR.\1A TTOK~ AS DESCRJBED BY METES & BOtmDS V..Trnr.-1" D.'STRUMTh'TDATED 10/1/1965 BK302. ?G 69. FROM CITIES TO SOHIO. SEC006 1\LLSECS 6 & 7-7S-97W.6TH PM.COl\"T 1253.7 ACS.Mii.-l..ESSAND EXCEPT UPLAND L\1\1)$ Dl2.>-s.734 ACS UPL\NDAREA PORTIO:s'OFSEC6 (PORTIONSOFTR &5. 86&87).& 206..547 ACS BEING iHE T.JPLAT\D PORTIO':'-: OF SEC 7 (PORTIONS OF TR SS. 89. 90& 91), GI\RFlEI.DCO. COLORADO 1\S DESCRIBED WTJ1{f1>; Il\"STRUMEJ'Io'TDATED 10/IIJ%5 BK302. PG 69 FROM C1TIES TO SOIUD. CO I GARFffiLD..BOOK SUB-TRACI'S A&. B OFTRACTS2. 2it PAGE32 St.13--TRAcr5A&BOFTRACTS3~ Qlo-;oiiil o_!:o:a>-= -~.g~ -"'~C" :u8:;=~ =----..,s:t!!:! :·· --= q._~~i:! <nz:.CP~ ~~~~ o:.=:!!'--o d?i= 0 c.. ;:-.o,•; ~ ~ ~;; ;;;:-00" ~ 0u~.--~ ,g g -~ ~ ~ f; =::=: n ;;dl § ~ ~ -!iiiE ~ --0 -,._ 00333200 SOHIO PETROLEL"M CITlFS SERVICE OrLCOMPAi>-'Y !OIOI/1965 TI.fATPORTIOX OF TRACT SO LYING IN SEC S. THATPOR110N FTRACTSI L "{Dtt'G D1 SEC 5. ALL~ T\\-'P 7S. RGE 97'\V. 6TH PM. COMPRISING 41 I.%ACS. GARFIELD CO CO ! GARFIELD-BOOK t;SNCo!CI"-do!G:rrlicld 310PAGE3S5 GthPM T006S -R097W! SEC 00.5 LOTS (40.14AC)MD LOT6 (.;{).03 AC.) A~"D LOT7 (39.91 AC.) AXO EAST 1.62 ACRES OF LOT #S SECOI9 14.76ACSOUTOFVAtl.EY AREA PORTION OF FRCTIOi"AL SE'4 SEC 19. 65-97\V. SEC2l ALL SEC022 ALL SEC02S i65.4.04 ACS OL'T OF t.."PLA:'-.'D AREA PORTIO>! OF SJ2 SEC 2S-6S-9nV AKD 241.! ACRES OU'T OF nm UPLI\:'\'D AREA PORTIOX OF K/2 SECTIO~ 2S-6S-9nV AATI 40 ACRES DESC. AS i'-.\V1'o.'W OF SECTIOX 2~S-97W: TOTAL OF 446..504 ACRES. SEC030 149.619 BEDJG 149.372 ACS OUT OF SEft. Y VALLEY ARF..A PORTIO:-J OF FRACTIO:-iAL SI:-C' 30. 65-97\V AND 0.147 ACRES L Yllo:G IN 'THE ~4 SECTIO!'.r 30. 65-97\V .. AS DESCRIBED \\ITTHIN il\"STRt..?viEI\1. SEC031 1 17.732 ACS OUT OF VAI..l.E't -.1-::0· ~«~= o:;_g~ ::~~m:::o8C§:! ~C);) -=a ~::=~ :::....:e ~:g:=: ~U)~z:e: 8~'"il!E 8: ~ ~, ::!!" 0!)::0 -=~--$= "~ ..... oo::-~ ClOo ;:-;_. ?6 ...: ;:!! ;...= m -::= r "-" 0 ;;mil "~ "~"" ~ ~ " ==-0 IIIII = 1004390I 10043902 !0045(;00 JOHN H LATHAM ETUXETAL LEROY B. l.ATHAMYA$ ALBERTSOK RA.'lCHES CO. CmES SERVICE CO).{P A'.l Y CIT1ES SERVICE COMPA.'iY CITIES SE.RVlCE COMPA.''Y 12/16/1976 12120/1976 I:!.Wl976 AREA PORTIO:s-OF FRACTIONAL SEC 31. 6S-97W (A PORTION OF BEO.."'Y SAND 6 PlACER Mn-.1NG CLAIMS). SEC033 30.269 ACS OUT OF t..'PLA."l'D AREA PORTIO~ OF FRACllONAt SEC 33 (A PORTIOX OF LOTS 3 &4). T007S-R097W: SEC 004 42.701 ACSOLTOFPORTIONS OF TRACTS 78. 79.80.&81 N tJPl..ANO AREA PORTlO':'J OF sr:-c ..;:, 75-97\V. CO I GAR.FlELD-BOOK L'SA!Colec:do!G:Irfiek1 491 PAGE576 6th PM TOOGS-R09iW: SEC 02 I ,\LL SEC022 ALL SEC02S 1\'E4. SW4 ~'W4.. E2 ?\"\V4 CO I GARAEI.D-BOOK USNColor.tdo/G;:ttiield 491 PAGES73 6th PM TOOGS-R09iW: SEC 02! ALL SECQ22 ALL SEC02S ~"E:l. SW4 :\1W4. E2 ~W4 CO I GARFIEtD-BOOK USNColor.leo!Gar.icld 491 PAGE 740 6:.h?M TOOGS-R097\V: SEC OOS E1W2. E1 ~;;ao-2..:::~== -~.g~ -~ ... m:;a ::an-!51%J ga:.g ti o===tl ;:~--==;; ~:::..,J== <I>•· tri_,_(I'!.=,U)a:= 01-U)ll:l Ill 0-ew:e=: 0!::~~ c 0~ 00 ~~ .• , orr • 0" o-n r ;;; ~ 0 g ~ ~ n 0 ~ :::;,. ~ ~ ,ii.i.: .-.=... ;;:a t::!!" -<>--~ 10045900 100%ZOO i00S0200 T. E. PRA TfffiR. A SINGLE PERSO~ JOH:'i H LATilAM. ETAL ROBERT LATHAM CITIES SERVICE COMPA!\"Y CITIES SERVICE COMPAh"'Y cmES SEI<VlCE OJLCm,fPAl\:"Y l:!/20/1976 t2!16Jl9i6 02/2.:;(1972 SEC009 S2 S2. N2. :--.12 S2 SEC016 $2 NW4. N2 1':2. SW4 SECOl"i E2~W4.E2 CO ! GAR.Fl:ELD-BOOK t.:SNCoiOI":ldo!Gzfidd 491 PAGES6S Gilt PM T006S • R097\V: SEC 003 SF..: L0Tt2(AU-) LOT 13 {ALL) SECotO ALL CO I GARFIELD-BOOK USA/Colo=lo/G:rrfield 49! PAGE566 6t~PM T006S· R097W: SEC 0!5 ALL CO I GARFIELD-BOOK USNColor:tdo!Garlield 5!0 PAGE iS4 6th ?:\.t T006S-R097W: SEC 004 W'2SW.; LOT? LOT16 SEC OOS SG4.E2SW4 LOT 10 LOT!l LOTJ2 LOTI3 L0Tl4 LOTI5 t0-;:13-0~~== og~ ::o;::-;~c-::ooo -g~?:§ '"!'IN•· -= ~~..,J~ o.::-g~ ~~~ 8~fQ:i! 00 ~ "-"-" 0 ~ ::= ~, iiJll ~; ~ 0~ -= ~-o8 ? ~ ""' :: ~ :0 :;5 0 ,., g ;:; :"< liil!\i1E.. (") ::;... 0 lilllll