HomeMy WebLinkAbout20112299.tiff HEARING CERTIFICATION
DOCKET NO. 2011-50
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1787 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
SUPPLY AND STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT - DIETZLER
WATER RESOURCES CORPORATION
A public hearing was conducted on August 24, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher- EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Troy Swain
Public Works representative, Don Carroll
Public Works representative, Janet Carter
The following business was transacted:
I hereby certify that pursuant to a notice dated July 15, 2011, and duly published July 20, 2011,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Dietzler
Water Resources Corporation, for a Site Specific Development Plan and Use by Special Review
(USR) Permit#1787 for an Oil and Gas Support and Service Facility (water supply and storage)
in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of
record. Chair Kirkmeyer advised the applicant's representative, Mickey Leyba-Farnsworth, that
she has the option of continuing this matter to a date when the full Board will be present.
However, if she decides to proceed today, it will require three affirmative votes, or in the case of
a tie vote, Commissioner Rademacher will listen to the record and make the determining vote.
Ms. Leyba-Farnsworth indicated she would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,
and provided a brief description of the location of the site. He stated the proposed use will be
on an 80-acre tract, within a 3,840-acre parcel, and there is a minimum of four wells permitted
for industrial use by the Colorado Division of Water Resources. He further stated the facility
contains no improvements and adjacent properties are utilized for raising cattle, ranching
operations, and oil and gas facilities. Mr. Ogle stated the site is within the three-mile referral
area for the Town of Grover, and he read the referral comments for the record, as contained in
criteria paragraph 2.d, expressing concern with the potential impact to water table levels, truck
traffic, deterioration of roads, and dust. He stated, per the application materials, the maximum
projected number of groundwater delivery loads to be hauled from the facility will be 320 loads
per day, utilizing 40 tanker trucks. He further stated the operator will be subject to a designated
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haul route and a corresponding Improvements Agreement, there are two property owners within
500 feet of the facility, and the nearest residence is to the west near the intersection of County
Roads 118 and 390. Mr. Ogle stated eleven referral agencies reviewed the proposal, five
offered comments that have been addressed in the Conditions of Approval and Development
Standards, and staff received no correspondence from interested parties. He displayed a
vicinity map and photographs of the site and surrounding properties. In response to
Commissioner Conway, Ogle reiterated the site contains four(4) permitted industrial wells.
Don Carroll, Department of Public Works, stated the property is located south of the Town of
Grover, and staff is working with the applicant on a designated haul route leaving the site on
County Road 95, north to County Road 122, and traveling three miles west to paved County
Road 122. He stated they are also in discussions with the applicant on hauling south, and a
formal Improvements Agreement will be brought back before the Board for consideration. He
reiterated the applicant estimates a maximum of 320 round trips per day, based on 40 tanker
trucks hauling eight loads per day. He stated the applicant will be responsible for repairs if there
is damage to the roads, and if the condition is beyond repair, staff will conduct a study to
determine the proportional share for improvements. He further stated magnesium chloride will
be used for dust control, a cattle guard will be placed to prevent tracking onto the road, the
plans depict adequate parking/circulation/turning radii, and there will be no parking or staging of
trucks on the County roadways. Mr. Carroll reviewed the findings of the Preliminary Drainage
Report and stated the applicant will also need to submit a Final Report and pull a grading permit
when they are ready to break ground. In response to Chair Kirkmeyer, Mr. Carroll reviewed the
previously described haul route and stated staff is also working with the applicant to designate a
southern haul route for drilling development in that direction. He explained the haul route for
this type of facility is typically based on a radius to the nearest intersections and roads to help
determine the impact.
Janet Carter, Department of Public Works, stated the northern route was identified to connect to
the nearest paved road, and there is a mechanism in the Improvements Agreement to address
minor changes on haul routes, as long as the applicant understands they will be responsible for
a proportional share to complete the necessary improvements. She explained a full depth
magnesium chloride treatment is placed when the threshold of 200 vehicles per day (vpd) is
exceeded; at 300 vpd they would be required to do a concrete treatment base; and then at 500
vpd the County typically requires pavement which is done proportionally based on the
classification of vehicles. She stated there are also triggers for turn lanes, if warranted, in the
future. Responding to Commissioner Long, Ms. Carter stated staff has not currently identified
an eastern route; however, the Improvements Agreement can be modified in the future, if
necessary, rather than calling it out in the USR. In response to Commissioner Conway,
Ms. Carter reviewed the average daily traffic counts for County Roads 95, 122, and 390 within
the vicinity of the site. She further stated the County is also making improvements to County
Road 390. Responding to Commissioner Conway, Ms. Carter stated the intersection at County
Roads 122 and 95 has good sight distance and the necessary types of improvements to
accommodate truck traffic. She stated there is the potential for 320 truck trips per day;
however, the site will not likely operate at capacity and it will be based more specifically on the
amount of water to be sold on a daily basis.
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Troy Swain, Department of Public Health and Environment, stated that prior to recording the plat
the applicant must demonstrate whether they need to obtain a Stormwater Discharge Permit,
and Development Standards #13 through #18 are standard requirements. Mr. Swain stated
during the application process the applicant requested to allow portable toilets, and staff
supports the request. In response to Commissioner Conway, Mr. Swain stated the Planning
Commission did not recommend the use of portable toilets; therefore, Condition of Approval
#1.G and Development Standard #17 relate to an Individual Sewage Disposal System and
water for hand washing for employees and patrons. He further stated there are no permanent
employees on the site and the drivers will only be there for 15 minutes loading; therefore, staff is
supportive of allowing portables in this particular case.
Mickey Leyba-Farnsworth represented the applicant and stated they reside in Illinois and are
unable to attend today. She stated the intent of the facility is to supply groundwater to oil and
gas companies for support of their drilling operations within a fifty mile radius, as well as supply
groundwater for municipal, industrial, and irrigation uses. She stated the applicant has been
permitted to pump 2,000 acre feet of water a year from the Upper Laramie and the Laramie
Foxhill aquifers. She also confirmed they will not be drilling from the same aquifer as the Town
of Grover, which uses the White River aquifer. Ms. Leyba-Farnsworth indicated the location of
the four completed wells, and stated they are starting the process to apply for additional future
well sites. She stated the site is designed with five well sites, with two wells at each location,
which is how they came up with the quantity assumptions and where they will be taking water
from. She stated the groundwater will be pumped to the load out facilities, and the electrical
service to operate the wells will be provided by Morgan County. She explained there were
some initial concerns with availability; however, they will be required to construct a six-mile
extension upon approval of this permit. Ms. Leyba-Farnsworth stated the load out facility will be
a system of storage tanks, connected with 8-inch and 15-inch distribution pipelines, and the
main load out facility will be the main storage area where trucks will be loaded. She indicated
each well will have its own designated control and monitor to be operated manually or by
remote control, truckers will have remote cards to track who is using the facility, and they will
also have the ability for emergency shutdown. She explained drivers will be in and out of the
facility within 15 minutes, the circulation is designed with an 80-foot turning radius with traffic
moving in a counter-clockwise direction, it will be surfaced with nine to eleven inches of Class 6
aggregate base course and have cattle guards at the entrance, and there will be water trucks to
control dust. Ms. Leyba-Farnsworth stated the load out facility operations will also be controlled
remotely, they will be able to monitor each individual truck and their routes, and the maximum
loads is 320 based on the amount of allocated water, and there will be no employees on the
site. Based on the proposal, Ms. Leyba-Farnsworth indicated there will be no on-site
employees; therefore, the applicant is requesting the removal of Development Standard #17
regarding drinking water and toilet facilities. She added the quantity of water and amount of
loads will be dependent upon oil and gas operations, thus it is more like a seasonal use. She
also requested Development Standard #5 be modified to allow the potential to modify the haul
route(s).
Responding to Commissioner Long, Ms. Leyba-Farnsworth stated the electrical service will be
extended in three phases to the site, the facility is designed with heat to insulate the pump
piping, and they do not intend to have generators; however, they are working with Morgan
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County on the electrical design. She explained the plumbing is underground and they operate
with bottom loading trucks. In response to Commissioner Conway, Ms. Leyba-Farnsworth
stated the Waste Handling Plan requests the use of two portable toilets, which would need to be
reflected in Development Standard #17, and she reiterated there will be no employees at the
site, rather, the truckers coming to the site are just contracted drivers. Responding further to
Commissioner Conway, Ms. Leyba-Farnsworth reiterated the applicant is requesting flexibility
written into Development Standard #5 to allow additional haul routes or modify the existing route
in the future.
No public testimony was offered concerning this matter. At the request of the applicant, the
Board indicated agreement with allowing portable toilets, and Mr. Swain stated staff is
agreeable. Chair Kirkmeyer agreed it is beneficial to identify the current haul route; however,
there should also be the provision to modify or add new routes in the future. Mr. Barker
proposed the addition of a sentence to Development Standard #5 to state, "Additional routes or
modifications to the haul route will be determined within the Improvements Agreement."
Responding to Commissioner Conway, Ms. Carter confirmed the proposed language will
address future haul routes and she explained they are still negotiating the terms of the
Improvements Agreement. She further stated any future route changes would be reflected in an
amended Agreement, which would be presented to the Board in a regular board meeting before
proceeding. In response to Chair Kirkmeyer, Mr. Swain recommended deleting Condition of
Approval #1.G and modifying Development Standard #17 to state, "Portable toilets shall be
provided for employees and patrons of the facility, at all times." In response to Chair Kirkmeyer,
Ms. Leyba-Farnsworth stated she and the applicant have reviewed, and agree to abide by, the
Conditions of Approval and Development Standards, as proposed and modified, and she
confirmed there will be no employees in the future; therefore, the Board agreed to delete
Development Standard #4.
Commissioner Long moved to approve the request of Dietzler Water Resources Corporation for
a Site Specific Development Plan and Use by Special Review Permit #1787 for an Oil and Gas
Support and Service Facility (water supply and storage) in the A (Agricultural) Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards as entered into the record. His motion
included deleting Condition of Approval #1.G and Development Standard #4, modifying
Development Standard #5 to state, "Additional routes or modifications to the haul route will be
determined within the Improvements Agreement.", amending Development Standard #17 to
read, "Portable toilets shall be provided for employees and patrons of the facility, at all times.';
and renumbering or re-lettering as appropriate. The motion was seconded by Commissioner
Garcia, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:50 a.m.
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This Certification was approved on the 29th day of August, 2011.
BOARD OF COUNTY COMMISSIONERS
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David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1787 - DIETZLER WATER RESOURCES CORPORATION
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated August 2, 2011)
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