HomeMy WebLinkAbout20100605.tiff HEARING CERTIFICATION
DOCKET NO. 2009-76.B
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1695 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OIL
AND GAS SUPPORT AND SERVICES (WATER SUPPLY AND STORAGE, POTASH
MIXING AND STORAGE, AND PRODUCTION PIPE AND EQUIPMENT STORAGE
AREA) IN THE A (AGRICULTURAL) ZONE DISTRICT-A & W WATER SERVICE, INC.
A public hearing was conducted on March 3, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
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 November 16, 2009, and duly published
November 19, 2009, in the Windsor Beacon, a public hearing was conducted on December 23,
2009, to consider the request of A & W Water Service, Inc., for a Site Specific Development
Plan and Use by Special Review Permit #1695 for a Mineral Resource Development Facility,
including Oil and Gas Support and Services (water supply and storage, potash mixing and
storage, washout facility, reverse osmosis facility, and production pipe and equipment storage
area) in the A (Agricultural) Zone District. At said hearing, the Board deemed it advisable to
continue the matter to January 27, 2010, since the Planning Commission meeting was
continued from December 1, 2009, to January 5, 2010. At said hearing on January 27, 2010,
the Board deemed it advisable to continue the matter to March 3, 2010, to allow Planning
Services staff adequate time to meet the sign posting requirements. At said hearing on
March 3, 2010, Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, indicated a correction to the uses listed
within the application is necessary. He clarified when the application was first submitted, as a
correction to a zoning violation, the applicant was intending to conduct all of the specified uses;
however, it has since been requested that the uses of the washout facility and reverse osmosis
facility be removed. He confirmed the applicant is currently conducting water supply and
storage uses on the site, which are expected to remain as the primary uses of the site. He
explained, following review of the application materials by the Department of Public Health and
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Environment, it was determined that the reverse osmosis facility would fall under State
regulations; however, no clear determination was provided by the State as to whether the site
would be considered as a solid waste disposal facility. He further explained, due to the fad that
the property is in violation, staff recommended that the applicant proceed, removing the
washout facility and reverse osmosis facility uses. He clarified the USR permit may be
amended if the applicant intends to introduce these uses at the site at some point in the future.
Mr. Gathman indicated the site is located west of State Highway 60, one-half mile north of
County Road 38. He clarified the site is directly west of County Road 38.5; however, the
right-of-way for the road ends just prior to, and does not extend along, the frontage of the
property. He indicated the site is located within a rural agricultural area, and an abandoned
residence and outbuilding are located within the southeast corner of the site. He stated existing
oil and gas production facilities, including tank batteries, wells, and separators are located within
the northeast portion of the site, and the nearest single-family residences are located
approximately 700 feet west of the commercial well operation and 900 feet north of the
proposed storage areas. He confirmed the site is located one-half mile north of an existing oil
and gas storage facility, approved through USR-1662 in October, 2008, and the access to the
site is located on State Highway 60, which is an exclusive access road. Mr. Gathman indicated
fifteen referral agencies reviewed the application materials, nine provided comments which have
been addressed within the Conditions of Approval and Development Standards, and the
Colorado Oil and Gas Conservation Commission, Platte Valley Soil Conservation District, and
Town of Gilcrest did not provide a referral response. He indicated three letters of concern,
along with various phone calls, have been received by staff from surrounding property owners.
He summarized the concerns presented, including: noise from trucks, trucks arriving in early
morning hours, noise from the pumps transferring the water to the trucks and from the ditch to
the augmentation ponds, the amount of traffic entering/exiting the site, impacts to the existing
water levels, equipment storage is not adequately screened, concerns about potential
mosquitoes in the augmentation ponds, trucks utilizing roads not designated for hauling, and
dust and fumes created by the trucks. He confirmed, due to the concerns presented, staff
recommended the applicant hold a community meeting or meet with the neighbors on an
individual basis. He indicated a Landscape/Screening Plan is required to address the screening
of the property from adjacent properties, specifically because the tanks on the site are clearly
visible from the residence to the northwest of the site. He stated the site does contain some
existing berms; however, due to the large amount of outdoor storage on the site, staff is
requiring that the applicant demonstrate how the berms are sufficient to screen the property. He
further stated the applicant indicated additional berms along the north side of the property are
intended; however, there are limitations with the existing oil and gas access road in that area.
Mr. Gathman indicated a Lighting Plan and Noise Control Plan are required, and CDOT is
requiring that the applicant construct a northbound left-turn lane into the facility. He stated the
applicant has submitted an updated plan and site map, included as Exhibit E, and it was
originally proposed that the existing barn on site be utilized for the potash mixing facility, and the
two large storage bins were called out in the application materials; however, they were not
placed on the previous draft plat submittal. He indicated the fence has been slightly modified;
however, it will still provide screening for the storage and office areas. In response to Chair
Rademacher, Mr. Gathman confirmed staff is requiring that the fence be opaque, in order to
provide screening, and he displayed photographs of the site and the surrounding area. Further
responding to Chair Rademacher, Mr. Gathman indicated the closest single-family residence is
approximately 700 to 800 feet from the operating pumps.
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Don Carroll, Department of Public Works, stated the main access to the site is located on State
Highway 60, and the site is located between the Towns of Gilcrest and Platteville. He confirmed
there are no easements or right-of-way available for County Road 38.5, adjacent to the site, and
the property directly south is owned by Western Equipment and Trucking. He indicated the
average daily traffic count on State Highway 60 is approximately 3,600 vehicles, the speed limit
is posted as 65 miles per hour, and CDOT is requiring the construction of a left-turn lane into the
facility. He confirmed the staging or parking of vehicles will not be allowed along the roadway,
and the traffic study supplied by the applicant has been deemed acceptable. He stated the site
will generate approximately 120 truck trips per day, therefore, the installation of a deceleration
lane is warranted. He further stated most of the traffic is expected to travel south on State
Highway 60 to U.S. Highway 85, or northbound to County Road 40, which contains a small
portion of roadway annexed by the Town of Gilcrest. Mr. Carroll indicated the County has
stabilized County Road 40 with treatments of magnesium chloride, and the applicant will be
required to enter into an Improvements Agreement for their proportional share of maintenance
costs. He indicated there has only been one accident which resulted in property damage within
the past four years at the corner of County Road 38.5 and State Highway 60. He stated the
access will contain a 60-foot radius, to accommodate the turning trucks, and the secondary
access at the northern portion of the property will be gated and locked. He confirmed the
secondary access will only be utilized for emergency purposes, or for existing oil and gas
operations. In response to Chair Rademacher, Mr. Carroll indicated he is not aware of the
average speed of traffic along State Highway 60, as CDOT does not typically record this data on
its roadways.
Responding to Chair Rademacher, Janet Carter, Department of Public Works, stated there is
not a specific established haul route for this site; however, the applicant has been instructed not
to utilize County Roads 38 and 38.5, due to the concern of dust for the neighbors, nor any other
gravel roadways. She confirmed CDOT does not post average speed data, and it is a good
estimate to expect that a majority of the traffic travels within five miles per hour of the posted
speed limit; however, she concurs with Chair Rademacher that it appears the majority of the
traffic on State Highway 60 travels at excessive speeds. In response to Chair Rademacher,
Ms. Carter confirmed State Highway 60 contains a different distinction than the average arterial
road and CDOT has indicated it will eventually be classified as an expressway. Responding to
Commissioner Conway, Mr. Gathman confirmed the property to the south of the site, owned by
Western Equipment and Trucking, was recently annexed by the Town of Platteville. In response
to Commissioner Kirkmeyer, Ms. Carter clarified CDOT was not previously aware of the
secondary access on the site; however, the applicant has worked with CDOT officials to obtain
a current access permit to allow emergency access for the applicant and oil and gas access for
the appropriate operators. She stated CDOT has indicated the access could be taken away in
the future, of which the applicant is aware. Further responding to Commissioner Kirkmeyer,
Ms. Carter indicated the trucks exiting the site and traveling northbound on State Highway 60
may utilize County Roads 40, 42, or 44, to travel east to U.S. Highway 85, and she reiterated
the applicant has been requested to only utilize paved roadways. Commissioner Kirkmeyer
indicated it is her understanding that the intersection of County Road 40 and U.S. Highway 85 is
expected to be closed within the near future. Ms. Carter confirmed if the intersection is closed,
the applicant has the ability to continue driving north to the next paved County Road.
Commissioner Kirkmeyer indicated she does not believe the trucks utilizing County Roads 42
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and 44 is a good idea, due to the slant of the intersections with U.S. Highway 85, and in
response, Ms. Carter clarified the applicant has the ability to access these roads; however,
there is no haul route mandating these roads be utilized. Responding to Chair Rademacher,
Ms. Carter clarified the trucks may travel on gravel roadways for the purposes of travelling
to/from a specific oil and gas facility being serviced by the company.
Mr. Carroll indicated an extension of the asphalt at the entrance will be required for a distance of
100 feet, with the installation of two cattle guards, in order to help keep debris off of State
Highway 60. He confirmed the internal road on the site is required to be an all-weather surface,
and the applicant has indicated the road will be gravel. He confirmed the truck parking area and
equipment parking areas have been deemed adequate, and the applicant will finalize an
Improvements Agreement for the maintenance and improvements of County Road 40.
Troy Swain, Department of Public Health and Environment, stated the Department recommends
approval of the application with the listed Conditions of Approval and Development Standards.
He indicated the tanks which contain saltwater will require a secondary containment area, to
avoid contamination in case of a spill, which is addressed within Development Standard #8. He
stated the freshwater tanks shall not create any runoff on the site; however, containment areas
are not required since there is not a risk of contamination. In response to Commissioner
Conway, Commissioner Kirkmeyer indicated the ditch company is requesting that the applicant
place a note on the plat, indicating that no discharge will be allowed into the river. Mr. Gathman
confirmed he received three letters from the attorney representing the ditch company, and the
attorney was requesting the addition of a specific Development Standard. Responding to Chair
Rademacher, Mr. Gathman indicated the facility operations will not be discharging into any
irrigation ditches, and he confirmed the applicant is willing to meet the requirement of the ditch
company. He indicated Condition of Approval #1.P references the letter of July 15, 2009, and
the applicant has proposed to modify the language to indicate that the concerns listed within the
letter dated October 28, 2009, shall be addressed.
Chair Rademacher opened the public input portion of the hearing for anyone who could not be
present to provide testimony after the lunch recess. No public testimony was provided at this
time. Responding to Commissioner Conway, Mr. Gathman confirmed the applicant has
indicated the language requested by the ditch company is acceptable.
Chair Rademacher issued a recess for the purposes of a lunch break.
Upon reconvening, Chrysten Hinze, Attorney, represented the applicant, introduced the other
representatives in attendance, and reviewed the PowerPoint presentation, marked Exhibit N.
She reviewed the services provided by A and W Water, indicated the company has 108
employees and has been in operation since 1954, and the main business office is located
adjacent to U.S. Highway 85 in the City of Fort Lupton. She confirmed there has been
significant growth within the oil and gas industry within the past 15 years, and the applicant
purchased this property in the year 2005. She clarified the site was not in agricultural
production, and this particular site was chosen due to the availability of a commercial well and
its location within a mixed development area. She further clarified the property contains
recharge ponds for agricultural uses, and a ditch operated by the Farmers Independent Ditch
Company (FIDCO) runs along the western border of the property. She indicated the site
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consists of non-prime soil, there are four oil and gas operations currently located on the
property, and the oil and gas access road will also serve as the emergency access for the
purposes of the USR permit. She confirmed the property contains approximately 32 acres;
however, the USR permit boundary will only encompass approximately one-third of the overall
property. She indicated Noble Energy operates the facility to the south of the site, and the
Western Equipment and Trucking property has been annexed to the Town of Platteville. She
reviewed the other uses within the area, including a sod farm, CDOT storage area, oil and gas
compression station, and Platte Sand and Gravel. She indicated the existing improvements on
the site include the recharge ponds, two commercial wells, and the frac tanks, which are
enclosed within a bermed containment area.
Ms. Hinze indicated water from the wells will be pumped into the fifteen tanks on the site, and
then pumped into the trucks which will haul the water to the necessary operation sites. She
described the composition of the salt slurry and indicated it takes between five and fifteen
minutes to fill a truck; however, because the trucks sometimes have to wait to be filled, the
process can sometimes take up to 30 minutes. She stated, due to the numerous locations
serviced by the company, it would be very difficult to establish a defined haul route; however, a
majority of the trucks will travel to U.S. Highway 85, and the applicant agrees not to utilize
County Roads 38 or 38.5. She indicated approximately 70 trucks per day, on average, are filled
with water, and the maximum use will be 90 trucks, which is dictated by the capacity of the
wells. She confirmed the site will not contain any full-time employees, since the pumps are able
to run electronically; however, the site will be monitored. Ms. Hinze indicated the potash mixing
use is not expected to commence for several more years, and it will be dictated by demand for
the product. She gave a brief description of potash and indicated the mixing will take place in
the barn with a concrete foundation. She indicated the potash mixing will require the use of two
large bins, will generate approximately six truck trips per week, and will utilize one full-time
employee. She further indicated the storage yard is also not expected for approximately three
years, and it will be situated among the berms and ponds, with a berm along the east for
screening purposes. She stated the site will accept both new pipe and used pipe, up to three
forklifts will be utilized on the site, approximately 20 truck trips per day will be generated by this
use, and up to five full-time employees will conduct operations on the site. She confirmed the
pipes will be stacked on the ground, for visibility reasons, and additional berming will be
installed along the northern and western boundaries. She further confirmed the opaque fence
along the southern boundary will reduce visibility and provide additional security measures. She
stated the existing residence on the site will be utilized as an office for the future employees,
and a new septic system will be installed. She indicated the parking areas have been
designated on the plat, the existing garage will be utilized for storage purposes, and it is the
plan of the company to eventually replace the existing residence with a new modular office
building.
Ms. Hinze stated water is a necessary component for oil and gas drills to avoid seizing up, and
a lot of water is also necessary during the fracturing process. She clarified once the drilling
process has began, it is a 24/7 operation, therefore, the company is available on an on-call
basis to the needs of the industry. She confirmed most of the truck traffic will occur between the
hours of 6:00 a.m., and 8:00 p.m.; however, the potential for truck trips during nighttime hours
does exist, dependent upon industry demands. Ms. Hinze indicated the two accesses on the
site are private, and CDOT has jurisdiction over the required improvements to State
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Highway 60. She explained CDOT has required a northbound left-turn lane, and the applicant
will obtain the necessary permits to complete the required improvements. She confirmed all of
the mineral owners on the site have been notified, and Surface Use Agreements have been
completed with the respective owners. She clarified that domestic water service is available on
the site; however, no water is available for agricultural purposes, since the property has been
dried up, as evidenced in the Court Order, marked Exhibit M. She indicated the applicant
intends to apply for a new septic permit for the new septic system, and no landscaping is
proposed to be utilized for screening purposes, due to the industrial nature of the site and the
fact that there is no water supply allowed for the landscaping. She confirmed the site will
contain a substantial amount of berming, and she described the proposed additional screening
plans for the site. In response to Chair Rademacher, Ms. Hinze indicated the storage tanks are
located within the southwest portion of the site, and she confirmed a berm will be constructed to
help block visibility and sound. Ms. Hinze indicated there are signs on the site which indicate
drivers are not allowed to utilize County Road 38.5, and the signs will be updated to inform the
drivers of all roads to avoid. She confirmed there are existing pole lights on the property, and
once the fence is constructed, several lights will be added to the fence as well. She indicated
the Drainage Plan has been submitted to staff for review, which includes the use of a retention
pond and spillway, and the plan will be finalized before the plat is recorded.
Gary Wright, A and W Water Service, stated the company moved to its current location in the
City of Fort Lupton in the year 1972, and the company has serviced many different oil and gas
companies within the past 35 years as one of the largest support companies within the area.
He confirmed the servicing of drilling rigs requires a large amount of water, and when possible,
all hauling of water is accommodated during daylight hours; however, there are occasions when
it is necessary to haul water to a specific site during later hours. He further confirmed the
fracturing process also requires a large amount of hauled water, which also requires the
company to haul water during nighttime hours, up to 15 truck trips per night, demanding on the
demand. He clarified not all of the water hauled by A and W comes from this facility, as there
are other sources; however, the oil and gas operators dictate what type of water is to be used in
order to ensure proper blending with the necessary chemicals. He indicated typically there is
enough water on location for the proposed daily operations; however, there are times when lost
circulation occurs, and it becomes necessary for more water to be hauled to the site
immediately. He clarified the site will operate seven days per week; however, there will be no
night hauling service on Saturdays or Sundays. He further clarified the truck hauling operations
during night-time hours creates less truck traffic on County Roads, and employees are able to
get more accomplished during the night, due to decreased traffic levels. He confirmed drivers
will remain on paved roads as much as possible, and he is committed to the safety of
employees and the communities within Weld County.
In response to Commissioner Garcia, Mr. Wright indicated he has spoken with surrounding
property owner Scott Meining, to the west, and the couple who lives north of the site, and based
upon their comments, it was decided that additional berming was necessary, since the noise on
the site is very clearly heard. He indicated he is working with the drivers regarding the loud
noise of horns and back-up beepers. Responding to Chair Rademacher, Mr. Wright indicated
the berms will be between six and eight feet in height, and he will be using the dirt from the
retention pond to construct the berms. He clarified the berm along the east side of the property
is approximately twelve feet in height, the existing berming along the west side of the property is
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approximately eight feet in height, and the tanks on the site are between ten and twelve feet in
height. In response to Commissioner Conway, Mr. Wright confirmed the concerns previously
presented by Mr. Meining have been addressed. He clarified the ditch company had concerns
regarding drainage between the two augmentation ponds; however, the berm will be extended
to prevent any spillage. Commissioner Rademacher indicated there have been concerns
expressed regarding the impact to the water table, and he questioned whether the ponds on the
site will be lined. Mr. Wright indicated the north pond is operated by the Central Weld County
Water District, and the goal is to have the water percolate back into the ground to replace what
is being drawn from the wells on the site. He further clarified water is pumped out of the FIDCO
ditch into the three augmentation ponds, and the water augments the water being drawn from
the site. He clarified this property used to be irrigated property, and the well on the property
used to be classified for agricultural purposes. He confirmed with the augmentation plans, he
has not experienced a drop in the water level, and Mr. Meining, the closest neighbor, has not
experienced a drop either. In response to Chair Rademacher, Mr. Wright confirmed most of the
surrounding property has been dried up, including the property to the south and the property
north of County Road 40, and the remaining irrigated properties are surface or ditch irrigated.
Ms. Hinze reviewed Sections 23-2-230.6.1 through 23-2-230.B.7 of the Weld County Code for
the record, confirming how this application has shown compliance with each of the Sections.
She indicated the proposed use of the site will essentially pay its own way, and provides
revenue generation for Weld County. She confirmed the location of the site is isolated and
protected, and will not interfere with other agricultural operations. She reiterated the Towns of
Gilcrest and Platteville do not have any concerns with the proposed use, and the applicant is
committed to attempting to address the concerns presented by the Town of Milliken. She
indicated the property is non-irrigated and contains non-prime soil, the concerns expressed by
the surrounding property owners have been addressed through the provisions of protection, and
the use will create a relatively limited impact.
In response to Commissioner Long, Ms. Hinze clarified the proposed amendments presented
within Exhibit F contain excerpts taken from the Board's Draft Resolution. In response to
Commissioner Kirkmeyer, Mr. Barker clarified this case was heard by the Planning Commission;
however, the requested amendments to the Resolution were not included within the Resolution
finalized by the Planning Commission; therefore, the applicant is now requesting these
amendments to the Board's Resolution. Ms. Hinze confirmed that many of these amendments
were discussed during the Planning Commission hearing; however, there were either
disregarded or dismissed within the text of the Resolution.
Diane Wolfe, surrounding property owner, indicated she also represents her sister, Donna
Wolfe, who is also a surrounding property owner. She confirmed her property is not located
within 500 feet of the site; however, she is an affected neighbor, and the activities conducted on
the site do interfere with the reasonable enjoyment of her property. She confirmed there are six
residences within close proximity, and the dust created by the fast travelling trucks creates a
huge concern. She indicated she appreciates the applicant posting a sign on the property that
County Road 38 is not be utilized by the truck drivers, and that has significantly reduced the
amount of dust created at her residence. She further indicated ground work being completed on
the property also creates a large amount of dust, and the applicant needs to figure out a way to
keep the dust down on the site. She questioned whether the applicant will be required to
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provide a report to any agency so that the number of truck trips and the time of the trips will be
monitored. Ms. Wolfe confirmed the average speed of traffic on State Highway 60 is very fast,
and the intersection needs some major road improvements to address safety concerns. She
clarified the trucks turning onto State Highway 60 are very slow because they are very heavy
with a full load of water. She referenced the pictures she provided for the record, marked
Exhibits G, H, and I, which show the incredible amount of dust generated by this facility. She
stated she is also concerned for the drivers and employees, since this amount of dust could be
hazardous to their health as well. She indicated the drivers do not consistently make a
complete stop before entering State Highway 60, which is a very dangerous practice, and she
has seen drivers "piggyback" on to the road on numerous occasions. She questioned who she
should contact if the drivers are not utilizing the designated haul roads, because it does happen
on occasion. She confirmed her family has lived in this area for over 40 years, and she is
offended that a representative from the company previously suggested that it was time for her to
move away from the area. She explained she recently retired from her position within the City
of Greeley Transportation Department, and she is a self-confirmed stickler for safety rules. She
confirmed this area contains serious traffic hazards, and the addition of this truck traffic creates
the possibility of serious accidents occurring at all hours of the day. She indicated she would be
agreeable to the facility hauling along County Road 38, as long as the company paid for the
necessary improvements for pavement of the road. She expressed her concern regarding the
need for signs to be installed on State Highway 60, which indicate "Trucks Turning", and she is
surprised it has not been included within the Resolution. She clarified signs have been installed
which indicated the use of jake brakes is prohibited; however, she still hears the jake brakes on
frequent occasion. She confirmed she believes the allowed hauling hours are adequate as they
are listed within the Resolution, and she expressed her appreciation to the staff from the
Department of Public Works, as they have been extremely helpful to her during this process.
Commissioner Kirkmeyer explained to Ms. Wolfe that any future concerns should be provided to
the Department of Public Works, so the issues may be resolved, and she concurred with
Ms. Wolfe that trucks not stopping at the Stop sign before entering the road is a serious
concern. There being no further comments, the Chair closed the public input portion of the
hearing.
Chair Rademacher concurred that many of the concerns previously presented by neighbors
have been mitigated, and monthly reports regarding the traffic patterns on the site are not
required; however, it is pertinent that the trucks exiting the facility stop at the Stop sign before
entering the road. He stated the applicant has indicated which roads will be utilized for hauling,
and it would be near impossible to designate a specific haul route, due to the nature of the
hauling operations. He concurred that the proposed "Trucks Turning" signs are necessary;
however, CDOT has jurisdiction of State Highway 60, and the County could request that the
applicant work with CDOT and offer to pay for the installation of the signs. Mr. Wright indicated
he is agreeable. In response to Commissioner Conway, Mr. Wright confirmed the facility has
safety meetings once per month to discuss any concerns, and if drivers are found to be violating
the specified haul roads, they will be laid off. He indicated the same rules will apply for drivers
from contracted companies accessing the site, and if the contracted companies do not properly
control the drivers, the drivers will not be allowed on the site. Commissioner Conway indicated
he is pleased that the applicant is taking pro-active efforts to control the haul routes. Mr. Wright
confirmed safety is of upmost importance to him, and the company has proven they are
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pro-active in safety measures when the number of miles driven annually is compared to the
number of incidents which occur.
Responding to Chair Rademacher, Mr. Swain indicated a Dust Abatement Plan is required, and
the applicant can help to control dust on the site by creating an improved surface, reducing
speed limits, and following the rules already in place. He cautioned the applicant that serious
issues of dust could also create a violation of the Air Emissions Permit, issued by the State.
Mr. Wright confirmed water has been used in the past to help control dust on the site; however,
he is willing to begin utilizing magnesium chloride in the upcoming year to help address the dust
on the site. Chair Rademacher indicated Development Standard #4 limits the number of
allowable employees to ten, and he questioned if the applicant would have a need for additional
employees in the future. He clarified if the applicant has to install a new septic system, it can be
designed to accommodate an additional number of employees, if necessary. Following
discussion among the applicant's representatives, Ms. Hinze requested Development
Standard #4 be increased from ten (10) to fifteen (15) employees, and the Board concurred with
the request. Responding to Chair Rademacher, Mr. Gathman concurred with the removal of the
word "landscaping" from Development Standard #18, and he clarified the applicant is requesting
the deletion of all mentions of "landscaping" within their proposed amendments. In response to
Commissioner Kirkmeyer, Mr. Gathman confirmed the proposed berming will provide adequate
screening, and the existing berm along the east side of the property is more than adequate for
screening purposes. Commissioner Kirkmeyer expressed her concerns regarding blowing dirt
and dust from the berms, and she indicated the berms should be required to be seeded to
create some type of vegetative cover and Chair Rademacher concurred.
Commissioner Kirkmeyer indicated Development Standard #3 will need to be modified, and she
does not want the applicant to be out of compliance if night hauling is necessary, and the
notification to the Board is not necessary. Ms. Hinze confirmed modified language is proposed
within Exhibit F, and the Board instructed Ms. Hinze to review all of the proposed modifications.
Ms. Hinze requested the deletion of the word "landscaping" from Condition of Approval #1.C.2,
with the remaining language to state, "The approved Screening Plan.", and the Board concurred
with the modification. Ms. Hinze clarified amendments to the required plans might be necessary
after the time that the plat is recorded, and she read the proposed language into the record for
Condition of Approval #1.C.4. Mr. Carroll indicated the proposed language is agreeable to
Department staff. Commissioner Kirkmeyer indicated the applicant's proposed words of "such
as" should be left out of the language, and she questioned whether this proposed language
should be left under the heading of "Prior to recording the plat' or moved somewhere else.
Following discussion among the Board, the applicant, and Mr. Carroll, the Board concurred with
the modification of Condition of Approval #1.C.4 to state, "The applicant shall delineate on the
plat drawing a schematic of the improvements at the intersection, the left-turn slot, including
lane widening, tapers, adequate turning radii, the extension of the pavement, all rights-of-way,
easements, and haul route signs located in the appropriate location prior to entering State
Highway 60. The following note shall be added to the plat drawing, 'Traffic improvements at
the intersection of State Highway 60 and the site access shall be designed and installed per
COOT standards. Permit and planning will be coordinated with CDOT for this construction.'
Also, as a part of this Condition, a Final Drainage Plan and Report for the site shall be approved
by the Department of Public Works."
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Ms. Hinze further requested the addition of the word "general" for the location of truck parking
within Condition of Approval #1.C.6. Chair Rademacher and Mr. Gathman both concurred that
the location of the storage should be specifically identified on the plat. Mr. Gathman indicated
the truck parking may be generalized; however, it is important that the storage areas be
specifically located. Following discussion between Chair Rademacher and Mr. Carroll,
Commissioner Kirkmeyer suggested the language of the first sentence be modified to state,
"The equipment storage and the general location of truck parking shall be identified on the plat
drawing." The Board concurred with the modification, as proposed by Commissioner Kirkmeyer.
Ms. Hinze requested the addition of the word "existing" to Condition of Approval #1.H, to clarify
that the secondary containment structure will only be required of any existing tanks on the site,
since the Condition is listed as "Prior to recording the plat." Responding to Chair Rademacher,
Mr. Swain clarified the applicant is only required to provide the secondary containment structure
for salt water tanks, and he does not believe the addition of the word "existing" is necessary. He
indicated the Department will be satisfied if the applicant installs the proper structure for the one
existing salt water tank, and provides plans in the future for any proposed additional tanks in
another location. Further responding to Chair Rademacher, Mr. Swain confirmed the threshold
for a reportable spill is 100 pounds of salt, and the containment standards for this type differ
from other containment standards. He clarified a concrete pad is not required. He further
clarified he does not believe the change to the language is necessary, and he confirmed this
was not a modification which was discussing during the Planning Commission hearing. Chair
Rademacher indicated he understands the applicant's concerns; however, the proposed
language indicates the applicant could install salt water tanks in the future without having to
provide the proper containment structure, since the language would indicate the structures are
only necessary for existing tanks. Ms. Hinze clarified the Development Standards require that
secondary containment structures be constructed for all slurry tanks, and she confirmed all
future slurry tanks will be required to obtain a building permit. Commissioner Kirkmeyer clarified
there are currently only two tanks on the site which require secondary containment, and she
concurs the addition of the word "existing" is not necessary. In response, Ms. Hinze withdrew
her request for the modification of Condition of Approval #1.H.
Ms. Hinze stated discussion was held at the Planning Commission hearing concerning the use
of the existing septic system, and she confirmed the applicant intends to install a new system;
therefore, a modification to Condition of Approval #1.1 is necessary. She stated the proposed
additional language indicates the applicant does not have to have the current septic system
reviewed if a letter is submitted, indicating a new system will be installed. Mr. Swain clarified
there was no record of this septic system within the Department files until this USR application
was filed and indicated a septic system was present on the property. He confirmed the
issuance of a letter to the Department, indicating the water to the property is not connected and
that the existing septic system will not be utilized, will be sufficient proof, as long as the system
remains unused. He further confirmed when the applicant installs the new system, the
Development Standards list the necessary requirements. In response to Chair Rademacher,
Mr. Swain reiterated the septic system currently exists; however, no permit was ever filed for the
system, and the applicant may choose to abandon the system, and not use it. He further
clarified if the system is intended to be used, as originally discussed with staff, the language in
Condition of Approval #1.1 indicates the system must be evaluated, in accordance with State
requirements. Mr. Swain indicated he does not recommend any modification to Condition of
Approval #1.1. Responding to Commissioner Kirkmeyer, Ms. Hinze confirmed the applicant
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does not intend to utilize the existing system, and Mr. Swain recommended the system be
formally abandoned. Following further discussion among Mr. Swain, Ms. Hinze, and
Commissioner Kirkmeyer, Ms. Hinze suggested the Condition be deleted, and reinserted as a
Development Standard, since the applicant intends to abandon the system and build a new one.
Mr. Swain indicated the current language could be modified to indicate "if" the applicant is
intending to utilize the system, it shall be reviewed. The Board instructed Mr. Swain to draft the
necessary language modification to Condition of Approval #1.1, so that it will correctly relate his
intent.
Ms. Hinze indicated the comments originally provided by the Department of Public Works were
amended within subsequent memos, and she requested a modification to Condition of
Approval #1.J, which attempts to clarify the necessary requirements and provides the
Department of Public Works the ability to provide sign-off on the issues before the plat is
recorded. She read the proposed language into the record, and in response, Mr. Carroll
confirmed the proposed language is acceptable to staff. Chair Rademacher indicated he does
not see any potential issues created by the proposed language, and the Board concurred with
the modification of Condition of Approval #1.J to state, "The applicant shall address the
requirements and concerns of the Weld County Department of Public Works, as stated in the
referral response dated December 9, 2009, except as is otherwise set forth in the Conditions of
Approval and Development Standards of this Resolution, and except as follows: 1) that the
reference to 300 feet of paving shall be limited to paving of the east 100 feet of the site access
road with a double cattle guard, and installing the Stop sign and haul route sign in the
appropriate locations, approved by the Department of Public Works, prior to recording the plat;
2) the spillway as presently proposed, with rip-rap and erosion protection, is acceptable if
located on property owned by A and W Water Service, Inc., and not within the existing
right-of-way for State Highway 60; 3) existing USGS topographical data is acceptable to show
the topography for 200 feet outside the USR boundary; and 4) otherwise approved by the
Department of Public Works. Evidence shall be submitted, in writing, to the Weld County
Department of Planning Services." The Board further concurred with the request to remove the
word "landscaping" from Condition of Approval #1.L.
Ms. Hinze read the requested modification to Condition of Approval #1.M into the record, and in
response to Chair Rademacher, Mr. Gathman confirmed there is no residence to the south of
the site, and the berming is expected to screen the site from the residences to the north and
west of the site. He indicated he concurs with the proposed language. Commissioner
Kirkmeyer indicated she does agree with the words "or berming" being incorporated within the
language because it gives the impression that berming is not a part of the Screening Plan. She
further indicated she does not concur with the change of the word "planted' to "installed'
regarding the berm, because she would like the applicant to plant some type of vegetation. In
response to Ms. Hinze, Commissioner Kirkmeyer suggested the language be modified to state,
"Screening, west and north of the water supply and storage area, as delineated on the
Screening Plan, shall be accomplished prior to recording the plat. Temporary opaque screening
may be utilized if the applicant proposed to install a berm with cover vegetation which cannot be
installed until the spring season. Evidence that screening has been installed shall be provided
to the Department of Planning Services, for review and approval prior to recording the plat."
The Board concurred with the modification, as proposed by Commissioner Kirkmeyer.
Ms. Hinze requested the modification of the first sentence of Condition of Approval #1.P to
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state, "The applicant shall address the requirements of the Farmers Independent Ditch
Company, as outlined in the letter from Bernard Lyons Gaddis and Kahn, dated October 28,
2009.", and the Board concurred with the modification. Ms. Hinze further requested the
modification of Condition of Approval #1.Q to state, "The Colorado Department of
Transportation (CDOT) has jurisdiction over the accesses onto State Highways. The applicant
shall address the requirements of CDOT, as stated in the referrals received December 2,
December 9, and December 28, 2009, including CDOT's requirements concerning the
secondary access on the north side of the USR, which is limited to emergency and oil and gas
uses. Written evidence of such shall be provided to the Department of Planning Services."
Mr. Carroll confirmed both CDOT and the Department of Public Works are agreeable to the
proposed language, and the Board concurred with the modification, as stated by Ms. Hinze.
Ms. Hinze requested the modification of Condition of Approval #3, to indicate the plat shall be
recorded within one hundred eighty (180) days, in the place of sixty (60) days, and the Board
concurred with the modification.
Ken Lind, Attorney, represented the applicant and confirmed the oil and gas industry does not
operate only during daylight hours, therefore, the applicant needs to be able to operate during
extended hours. He indicated the language within Development Standard #3 currently indicates
the applicant must notify the Department of Planning Services and the Board of Commissioners
when additional hours outside of daylight hours are necessary; however, he understands that
the Board would most likely prefer to not be contacted late at night on frequent occasion. He
stated there are over 450 new wells expected to be drilled within the Wattenburg formation in
coming months, which is more evidence why the applicant needs to be allowed additional hours
to operate the facility. He clarified the water decree presented is a compilation of work from the
past five years, and he explained the augmentation plan is based upon the prior consumptive
use of water, therefore, the applicant is limited in the amount of water which may be withdrawn.
He further explained the applicant is required to return water back to the ground, therefore, the
applicant is withdrawing less water than historical uses, and the water table in the surrounding
area could possibly rise. Chair Rademacher concurred this facility will use less water than
previous agricultural operations. Mr. Lind indicated if the applicant is prohibited from
withdrawing water during nighttime hours, the water would still have to be obtained from another
source, most likely contracted from a municipality or water district. He clarified an approved,
legal operation is a big benefit for the water districts within the County, and there have been less
complaints received regarding water being removed from area fire hydrants, etcetera. He
confirmed the proposed hours are reasonable for this location, and he requested the Board
approved the proposed language for Development Standard #3. Chair Rademacher
recommended deleting the mention of hauling hours from the Resolution entirely, as it is
apparent that this operation requires the ability to operate 24 hours per day. He indicated the
applicant cannot dictate at what hours additional water will be necessary at an oil and gas site,
and he believes as long as the facility is not disturbing the neighbors, the limitation to the hours
of operation is not necessary. Commissioner Kirkmeyer expressed her concern that the
currently listed hours of operation were worked out with the surrounding property owners, and it
does not seem fair to make a modification to these agreed upon hours.
Chair Rademacher indicated the appropriate berming will help to mitigate potential noise
concerns, and he concurred that if this facility is not able to supply the necessary water at all
hours of the day, the oil and gas industry will obtain the necessary amount from another source,
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possibly in an illegal manner. Responding to Commissioner Conway, Mr. Wright confirmed the
property owner to the west indicated he was acceptable to the proposed improvements,
including a berm with vegetation, to help reduce visual and sound impacts from the site.
Mr. Wright clarified if the trucks are not able to access this facility, they will be driving into
municipalities and bothering many more residents within a residential setting. Following
discussion among the Board, Commissioner Kirkmeyer indicated she is willing to eliminate
Development Standard #3, because she trusts that the applicant will continue to work in good
faith to mitigate any concerns presented by surrounding property owners; however, she will not
be pleased if she begins to receive complaints for this facility.
Commissioner Long indicated he prefers the proposed modifications presented by the applicant,
and he believes language addressing the need for extra mitigation should be added to the
language as well. Commissioner Garcia concurred with Commissioner Long and he indicated
he believes more concerns would have been provided during public comment if the applicant
had not previously worked to mitigate concerns with the neighbors. Mr. Wright confirmed he
takes a pro-active approach with all of the affected surrounding property owners, and he is
committed to resolving concerns. Commissioner Conway confirmed the Board is willing to
accommodate the applicant's request because the applicant does have a good reputation and is
willing to work with the community by being a good neighbor. In response to Chair
Rademacher, Mr. Barker suggested an addition to the language proposed by the applicant for
Development Standard #3 to state, "The applicant shall reasonably mitigate any adverse effects
caused by unforeseen hauling operations outside of regular business hours." Commissioner
Long clarified the applicant will not be able to satisfy every concern presented; therefore, a
reasonable attempt to mitigate concerns should be required. Mr. Barker concurred and
suggested the language state, "The applicant shall make all reasonable attempts to mitigate any
adverse effects caused by hauling operations outside of daylight hours.", and the Board
concurred with the proposed modification, as described by Mr. Barker.
Commissioner Kirkmeyer indicated all references of "landscaping" shall be removed from the
Resolution, including within Development Standard #18, as requested by the applicant, and the
Board concurred. She further indicated all references to the washout facility and the reverse
osmosis facility shall also be removed from the Resolution, and the Board concurred.
Mr. Swain suggested the first sentence of Condition of Approval #1.1 be modified to state, "If the
applicant intends to use the septic system serving the existing residence, the system shall be
reviewed by a Colorado registered professional engineer.", with the rest of the language to
remain as suggested by the applicant within Exhibit F. The Board concurred with the
modification, as proposed by Mr. Swain.
Responding to Chair Rademacher, Ms. Hinze indicated she has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Kirkmeyer moved to approve the request of A &W Water Service, Inc., for a Site
Specific Development Plan and Use by Special Review Permit #1695 for a Mineral Resource
Development Facility, including Oil and Gas Support and Services (water supply and storage,
potash mixing and storage, and production pipe and equipment storage area) in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
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Commission, with the Conditions of Approval and Development Standards as entered into the
record. Her motion included the removal of references to "washout facility and reverse osmosis
facility', throughout the Resolution; the removal of references to "landscaping" within Criteria of
Approval #2.a, Conditions of Approval #1.C.2 and #1.L, and Development Standard #18; the
modification of Condition of Approval #1.C.4 to state, "The applicant shall delineate on the plat
drawing a schematic of the improvements at the intersection, the left-turn slot, including lane
widening, tapers, adequate turning radii, the extension of the pavement, all rights-of-way,
easements, and haul route signs located in the appropriate location prior to entering State
Highway 60. The following note shall be added to the plat drawing, `Traffic improvements at
the intersection of State Highway 60 and the site access shall be designed and installed per
CDOT standards. Permit and planning will be coordinated with CDOT for this construction.'
Also, as a part of this Condition, a Final Drainage Plan and Report for the site shall be approved
by the Department of Public Works."; the modification of the first sentence of Condition of
Approval #1.C.6 to state, "The equipment storage and the general location of truck parking shall
be identified on the plat drawing."; the modification of Condition of Approval #1.1 to state, "If the
applicant intends to use the septic system serving the existing residence, the system shall be
reviewed by a Colorado registered professional engineer. The review shall consist of
observation of the system and a technical review describing the system's ability to handle the
proposed hydraulic load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the system shall be brought into
compliance with current Weld County I.S.D.S. regulations. Written evidence of Department of
Public Health and Environment approval shall be provided to the Department of Planning
Services. In lieu of the foregoing, a written statement submitted to the Department of Public
Health and Environment, stating that the applicant will not be putting the existing septic system
into use but will, instead, be installing a new system to be permitted by the Department, will
satisfy this Condition."; the modification of Condition of Approval #1.J to state, "The applicant
shall address the requirements and concerns of the Weld County Department of Public Works,
as stated in the referral response dated December 9, 2009, except as is otherwise set forth in
the Conditions of Approval and Development Standards of this Resolution, and except as
follows: 1) that the reference to 300 feet of paving shall be limited to paving of the east 100 feet
of the site access road with a double cattle guard, and installing the Stop sign and haul route
sign in the appropriate locations, approved by the Department of Public Works, prior to
recording the plat; 2) the spillway as presently proposed, with rip-rap and erosion protection, is
acceptable if located on property owned by A and W Water Service, Inc., and not within the
existing right-of-way for State Highway 60; 3) existing USGS topographical data is acceptable to
show the topography for 200 feet outside the USR boundary; and 4) otherwise approved by the
Department of Public Works. Evidence shall be submitted, in writing, to the Weld County
Department of Planning Services."; the modification of Condition of Approval #1.M to state,
"Screening, west and north of the water supply and storage area, as delineated on the
Screening Plan, shall be accomplished prior to recording the plat. Temporary opaque screening
may be utilized if the applicant proposed to install a berm with cover vegetation which cannot be
installed until the spring season. Evidence that screening has been installed shall be provided
to the Department of Planning Services, for review and approval prior to recording the plat."; the
modification of the first sentence of Condition of Approval #1.P to state, "The applicant shall
address the requirements of the Farmers Independent Ditch Company, as outlined in the letter
from Bernard Lyons Gaddis and Kahn, dated October 28, 2009."; the modification of Condition
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of Approval #1.Q to state, "The Colorado Department of Transportation (CDOT) has jurisdiction
over the accesses onto State Highways. The applicant shall address the requirements of
CDOT, as stated in the referrals received December Z December 9, and December 28, 2009,
including CDOT's requirements concerning the secondary access on the north side of the USR,
which is limited to emergency and oil and gas uses. Written evidence of such shall be provided
to the Department of Planning Services."; the modification of Condition of Approval #3 to
indicate "one hundred eighty (180) days" to replace "sixty (60) days"; the modification of
Development Standard #3 to state, "Hauling hours (truck trips to and from the facility) shall be
as follows: most hauling will occur between the hours of 6:00 a.m., and 8:00 p.m., Monday
through Sunday. Oil field demands may require hauling outside of daylight hours, between the
hours of 8:00 p.m., and 6:00 a.m., Monday through Sunday. The applicant shall make all
reasonable attempts to mitigate any adverse effects caused by hauling operations outside of
daylight hours."; and the modification of Development Standard #4 to state, "The maximum
number of employees employed at the site shall be fifteen (15)." The motion was seconded by
Commissioner Conway and he expressed his appreciation to the applicant for his long-time
involvement within Weld County communities. Chair Rademacher expressed his appreciation
to those who came to provide testimony at today's hearing. There being no further discussion,
the motion carried unanimously and the hearing was completed at 3:00 p.m.
This Certification was approved on the 8th day of March, 2010.
'OARD OF COUNTY COMMISSIONERS
,I'4 EL LD COUNTY, COLORADO
ATTEST: r • �� . C _ 0 ,A0,,a"'^'
iio as ademach-r Chair
Weld County Clerk to the Boar
"G/n OQ\ i=f bara Kirkmey Pro-Tem/
BY. G
Dept Clerk a the Board
Sean
-,
Willi F. Garci
David E. Long 6Th CI:*
2010-0605
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1695 - A & W WATER SERVICE, INC.
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Summary of Hearing (Minutes dated 12/1/2009 and
C. Planning Commission 01/05/2010)
D. Applicant Email re: Request for Continuance, dated 01/22/2010
E. Applicant Screening Plan and revised Site Plan, dated 02/26/2010
F. Applicant Proposed Amendments to Resolution, dated 03/01/2010
G. Diane Wolfe Email containing three photos, dated 03/02/2010
H. Diane Wolfe Email containing two photos, dated 03/02/2010
I. Diane Wolfe Email containing three photos, dated 03/02/2010
J. Matthew Machado Email and attached letter re: Ditch Company
Email Correspondence re: Addition of Condition of
K. Matthew Machado Approval, dated 11/25/2009
L. Planning Staff Certificate and photo of sign posting
M. Applicant District Court Water Decree
N. Applicant Copy of PowerPoint Presentation
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