HomeMy WebLinkAbout20093264.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1709
APPLICANT: Suncar Energy Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support Facility (Crude Oil Truck Unloading Facility) in the A (Agricultural)
Zone District.
LEGAL DESCRIPTION: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W of the 6th
P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 20 and East of State Hwy 85.
be recommended favorably to the Board of County Commissioners for the following reasons:
The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-5-100 A. OG.Goal 1. Of the Weld County Code States: "Promote the reasonable
and orderly exploration and development of oil and gas mineral resources."
Section 22-5-100 2. OG.Policy 1.2.of the Weld County Code States: "Oil and gas support
facilities which do not rely on geology for locations should locate in commercial and
industrial areas, when possible, and should be subject to review in accordance with the
appropriate sections of this Code."
This proposed facility is in an appropriate location due to the close proximity to existing oil
and gas and industrial uses as well as its proximity to U.S. Highway 85.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil
and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone
District.
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is located to the east of three existing
commercial/industrial/oil and gas use by special review permits. SUP -359 (pump station
facility) is located approximately 1,000 feet to the west of the site, USR-1459 (vehicle
sales and detailing) and USR-1227 (manufacturing facility) along with the Union Pacific
Railroad are located approximately 1,500 to 1,800 feet to the west of the site. An existing
single-family residence is located approximately 500 -feet to the west of the proposed site
(across County Road 20). The proposed main access to the facility will be located
approximately 850 feet from the access to this single-family residence. Agricultural land is
located immediately to the north, south and east of the site. No phone calls or letters have
been received from neighboring property owners. Attached Conditions of Approval and
Development Standards (screening plan, lighting plan...) will help to ensure that the
proposed use is compatible with the surrounding area.
Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
2009-3264
Resolution USR-1709
Suncor Energy Inc
Page 2
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applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The existing site lies within the three mile referral area for the City
of Fort Lupton. No referral response has been received from the City of Fort Lupton.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The existing site is not within a recognized overlay district, including the Geologic
Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County-
wide Road Impact Fee Area and the Capital Expansion Impact Fee Area. Effective
January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11). Effective
August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the stormwater/drainage
impact fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The proposed site
is designated as "prime" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. The USR site will encompass only 12.3 acres of an existing 34.5 acre
parcel.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
B. All sheets of the plat shall be labeled USR-1709. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Screening Plan. (Department of Planning Services)
3) County Road 20 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 -feet of right-of-way at full build -out. The
applicant shall verify the existing right-of-way and the documents creating the
right-of-way. Existing and/or future right-of-way shall be identified. (Department of
Public Works)
4) Add Note: U.S. Highway 85 Access Control Plan WCR 20 (MP 245.19): An
existing public road access is on the east side of U.S. 85. This access currently
functions as a full movement, unsignalized intersection. Left turn/right turn
improved acceleration/deceleration lanes (medium priority) are required. Verify
with CDOT. (Department of Public Works)
5) Show lighting locations. (Department of Planning Services)
Resolution USR-1709
Suncor Energy Inc
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6) Add note: "Weld County is not responsible for maintenance of drainage related
structures." (Department of Public Works)
D. The applicant shall submit an updated waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public Health
& Environment. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address and phone number) (Department of Public
Health and Environment)
E. The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that they have a water supply appropriately permitted for the
proposed use. (Department of Public Health and Environment)
The applicant shall do one of the following:
In the event the applicant proposes to share the existing well on the adjacent
property, the applicant shall submit a document providing for shared well operation
and maintenance by both parcels of land. The declaration shall be recorded and the
recordation number indicated on the plat. A joint access easement agreement for the
shared well shall be indicated on the plat. The applicant shall also provide an
agreement with the Platteville Ditch authorizing the waterline for the shared well to
pass under the ditch.
The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that an individual well is available, on this parcel, for the
industrial use. (Department of Public Health and Environment)
F. The applicant shall address the requirements (concerns) of the Weld County Department
of Public Works, as stated in their referral response dated August 13, 2009. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
These requirements and concerns include but are not limited to:
• Providing construction drawings for the requested improvements including:
o Paving of the internal entrance and exit gate area, parking lot, and
widening of the access radiuses to 45 feet.
o Paving a minimum of 300 foot between the onsite gravel section and
WCR 20 which will be utilized as a tracking pad.
o Paving of WCR 20 from Highway 85 to the site entrance.
o Paving of the eastbound right turn deceleration lane from Highway 85
onto WCR 20.
• Providing an updated traffic study which addresses Public Works concerns.
• Providing a final drainage report and final site grading plan
• Providing an offsite geotechnical report acceptable to the County that includes
pavement designs for offsite paving improvements.
• Providing an onsite geotechnical report that has been stamped, signed, and
dated by a professional engineer licensed to practice in the State of Colorado.
(Department of Public Works)
Resolution USR-1709
Suncor Energy Inc
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G. The applicant shall enter into an Improvements Agreement (On -site and Offsite)
According to Policy Regarding Collateral for Improvements (Suncor Energy Inc., USR-
1709) for both on -site and offsite improvements. Collateral will be posted for both the on -
site and offsite work to be completed. The agreement and form of collateral shall be
submitted for and reviewed by the Departments of Planning Services and Public Works
and accepted by the Board of County Commissioners prior to recording the Use by
Special Review plat. (Departments of Public Works and Planning Services)
H. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. The plan shall address screening of the facility from the nearest
residence located to the north of the site. (Department of Planning Services)
The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has
been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can
be delineated on the plat in accordance with the State requirements as an attempt to
mitigate concerns. The plat shall be amended to include any possible future drilling sites.
(Department of Planning Services)
2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
This digital file may be sent to dhuerter(a)co.weld.co.us (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required. (Department of Building
Inspection)
B. Setback and offset distances shall be determined by the 2006 International Building Code
(Offset and setback distances are measured from the farthest projection from the
structure). (Department of Building Inspection)
C. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
D. A letter is required from the Fort Lupton Fire Protection District as to whether a fire permit
will be required. (Department of Building Inspection).
Resolution USR-1709
Suncor Energy Inc
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E. A lighting plan, including cut sheets of the intended lights, shall be provided to the
Department of Planning Services for review and approval. The lighting plan shall adhere
to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the
Weld County Code and shall adhere to the lighting requirements in accordance with
Section 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved
lighting plan shall be indicated on the plat. (Department of Planning Services)
6. One month prior to construction activities:
A. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS
permit from the Colorado Department of Public Health and Environment (CDPH&E),
Water Quality Control Division, to cover stormwater discharges from construction sites (5
CCR-1002-61). Alternately, the applicant can provide evidence from CDPH&E that they
are not subject to the CDPS requirements. (Department of Public Health and
Environment)
B. All required Air Emissions Permits must be filed with the Air Pollution Control Division,
Colorado Department of Public Health and Environment. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
7. Prior to operation of the facility:
A. A stop sign will be required to be installed at all points of ingress and egress before traffic
will enter onto County Road 20. (Department of Public Works)
8. Prior to the issuance of the Certificate of Occupancy for the office building:
A. An individual sewage disposal system is required for the proposed office facility and shall
be installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
Motion seconded by Nick Berryman.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
Resolution USR-1709
Suncor Energy Inc
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CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 6, 2009.
Dated the 6th of October, 2009.
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Suncor Energy (U.S.A.) Pipeline Company
USR-1709
1. Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Crude
Oil Truck Unloading Facility) in the A (Agricultural) Zone District and subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation will be 24 hours a day 7 days a week. (Department of Planning Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of
Public Health and Environment)
7. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan", at all times. (Department of Public
Health and Environment)
9. Any vehicle washing area shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility,
at all times. Portable toilets may be utilized on site up to 6 months or until the office building is
constructed (whichever occurs first). The applicant can utilize portable toilets for an additional 12
month period (beyond the initial 6 month period) if permission is granted by the Board of County
Commissioners. After these periods have elapsed, an Individual Sewage Disposal System shall be
required.(Department of Public Health and Environment)
12. In the event the applicant intends to utilize the existing septic system at the adjacent site, for
employee and driver use, the septic 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 Regulations. (Department of Public Health and
Environment)
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Resolution USR-1709
Suncor Energy Inc
Page 8
13. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
15. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use
only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
time. (Department of Public Health and Environment)
16. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
17. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
18. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
19. No parking or staging of commercial vehicles shall be allowed on County roads. (Department of
Public Works)
20. The maximum number of employees employed at the site shall be fifteen (15). (Department of
Planning Services)
21. Suncor Energy agrees to excavate, repair, or patch any damage on said road that has been created
by heavy truck hauling from USR site. The type and method of repair will be determined by the Public
Works Director/County Engineer or his representative. The repairs shall commence within thirty (30)
days of receipt or our written notice in accordance with the approved Improvements Agreement.
(Department of Public Works)
22. There will be an annual road inspection in the spring to determine actual conditions and what work is
to be performed that summer if any repairs are needed in accordance with the approved
Improvements Agreement. (Department of Public Works)
23. At any time in the future, if road damage has increased beyond the point that repair of damage can
reasonably restore the road, Suncor Energy will pay proportional share for reconstruction of those
parts of said road in accordance with the approved Improvements Agreement. (Department of Public
Works)
24. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/screening Plan. (Department of Planning Services)
25. Sources of light, including light from high -temperature processes such as combustion or welding,
shall be shielded so that light rays will not shine directly onto adjacent properties where such would
cause a nuisance or interfere with the use on the adjacent properties; and
Resolution USR-1709
Suncor Energy Inc
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Neither direct nor reflected light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets and no colored lights may be used which may be confused
with or construed as traffic control devices. (Department of Planning Services)
26. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County wide Road Impact Fee Program. (Department of Planning Services)
27. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the stormwater/drainage impact fee.
(Ordinance 2005-8 Section 5-8-40)
28. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
30. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
31. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
32. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
• standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
33. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
34. Weld County shall not be responsible for the maintenance of drainage related structures. (Department
of Public Works)
35. The applicant shall obtain necessary right of way and access permits from the Public Works
Department prior to the start of construction activities within the Weld County Right of Way. Contact
Amy Burry, Utilities Coordinator, at 970-304-6496 x 3764. (Department of Public Works)
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Roy Spitzer moved that Cases USR-1707, AmUSR-861, USR-1712, USR-1711, and USR-1710, be forwarded
to the Board of County Commissioners along with the Conditions of Approval and Development Standards
with the Planning Commission's recommendation of approval, seconded by Erich Ehrlich. Motion carried
unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1709
APPLICANT: Suncor Energy Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
Oil and Gas Support Facility (Crude Oil Truck Unloading Facility) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2 N, R66W of
the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 20 and East of State Hwy 85.
Lauren Light, Environmental Health, stated that previously to working with Weld County she worked at Tetra
Tech and had worked on the Suncor project. She said that she has no ties to that project now. The Chair
asked the applicant if they have any concerns with Ms. Light reviewing this case. The applicant indicated that
they had no concerns.
Chris Gathman, Planning Services, stated that the injection well facility will encompass approximately6 acres
of the 37.3 acre property it is located on and will be located at the eastern end of the site adjacent to existing
oil and gas tank batteries.
The site is located to the east of three existing commercial/industrial/oil and gas use by special review permits.
SUP -359 (pump station facility) is located approximately 1,000 feet to the west of the site, USR-1459 (vehicle
sales and detailing) and USR-1227 (manufacturing facility) along with the Union Pacific Railroad are located
approximately 1,500 to 1,800 feet to the west of the site. An existing single-family residence is located
approximately 900 -feet to the west of the proposed site (across County Road 20). The proposed main access
to the facility will be located approximately 850 feet from the access to this single-family residence. Agricultural
land is located immediately to the north, south and east of the site. No phone calls or letters have been
received from surrounding property owners. However, there was a property owner who came in earlier today
with questions of hauling and asked if there would be any trucks that would be coming from the east on
County Road 20 versus coming from the west from Highway 85.
Fourteen Referrals were sent out and six referrals and comments were received in regards to this case.
Referral responses were not received from:
State of Colorado, Oil & Gas Conservation Commission
Weld County Code Compliance
Weld County Sheriffs Office
State of Colorado, Division of Wildlife
Weld County Ambulance Services
Platte Valley Fire Protection District
Union Pacific Railroad
Platteville Ditch
There are several Conditions of Approval and Development Standards attached to the staff report attempting
to address and mitigate concerns:
• A screening plan will need to be submitted and approved by the Department of Planning Services
prior to recording the plat.
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• The applicant will also be required to submit a lighting plan to be reviewed and approved by the
Department of Planning Services. The lighting plan will need to meet the following requirements of the
Weld County Code:
"Sources of light, including light from high -temperature processes such as combustion or welding,
shall be shielded so that light rays will not shine directly onto adjacent properties where such would
cause a nuisance or interfere with the use on the adjacent properties; and
Neither direct nor reflected light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets and no colored lights may be used which may be confused
with or construed as traffic control devices."
• The application indicates that the facility will be operated 24 hours a day based on the nature of the
facility (oil drilling operations occur daytime and night-time). However, the site is located at the eastern
end of the property. The proposed main access to the facility will be located approximately 850 feet
from the access which assist in preventing nighttime traffic lights from shining directly into the
property.
• There are also number of road improvement requirements from Public Works to address the dust and
traffic impacts on County Roads associated with this operation.
The Department of Planning Services feels that the Development Standards and Conditions of Approval will
adequately mitigate any impacts associated with this use and recommends approval.
Commissioner Holton asked if the applicant is aware of the proposed amendments to the staff report. Mr.
Gathman replied yes and added that the applicant will be addressing those in their presentation.
Mr. Gathman stated that staff is proposing the following two revisions to the staff recommendation:
Condition 1.C.4: Add note: "U.S. Highway 85 Access Control Plan WCR 20 (MP 245.19): An existing
public road access is on the east side of U.S. 85. This access currently functions as a full movement,
unsignalized intersection. Left turn/right turn improved acceleration/deceleration lanes (medium
priority) are required. Verify with CDOT." (Department of Public Works)
Condition 1.F: Add this sentence to the end of condition 1.F (in bold): In the event the applicant
proposes to share the existing well on the adjacent property, the applicant shall submit a document
providing for shared well operation and maintenance by both parcels of land. The declaration shall be
recorded and the recordation number indicated on the plat. A joint access easement agreement for
the shared well shall be indicated on the plat. The applicant shall also provide an agreement with
the Platteville Ditch authorizing the waterline for the shared well to pass under the ditch.
Mr. Gathman stated that the applicants indicated that there is an existing commercial well adjacent to this
property which is also owned by Suncor. If they do share the well, the applicant needs to provide an
agreement that authorizes that water line to pass underneath the ditch so it can get over to where the facility
would be located.
Mr. Gathman added that he attached a copy of the referral letter from the Division of Water Resources
regarding their well proposal and the applicant has also provided a letter outlining what their proposed water
source is. They also provided information from the Division of Water Resources website detailing the type of
well that is currently on the adjacent Suncor oil storage facility.
Mr. Gathman commented that the applicant has responded to the City of Ft. Lupton in regard to paying
attention to screening and buffering from Highway 85. The applicant is stating that they are '4 mile from
Highway 85 and there are existing uses between the new facility and the highway and they don't feel the
additional screening or buffering would be necessary for this facility from Highway 85 given the nature of what
is out there already.
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Commissioner Ehrlich asked how this works with Development Standard 24. Mr. Gathman said that staff is
still recommending that they have a screening plan. He added that there is a residence that is to the east of
all of the existing facilities and also residences further east of the site and they will be in proximity to this
facility. Given that it is a 24 hour facility there will be trucks running conceivably 24 hours a day and believes
that it is advisable to have a screening plan submitted for this facility.
Commissioner Ehrlich said that there was no referral from the ditch company and asked if the ditch company
will be made aware of the water line passing under the ditch. Mr. Gathman said the applicant would provide
evidence that they have the authorization from the ditch company.
Don Carroll, Public Works, commented that County Road 20 is a local gravel road with 60 feet of right -of- way.
The traffic counts taken are at 171 ADT. He added that Tetra Tech took their own count at 137 ADT. The
average speed is 41 mph which is under the posted 55 mph. Mr. Carroll said that currently there is 11 percent
of truck traffic out there.
Mr. Carroll said that it is a T -intersection coming into Highway 85. He has contacted CDOT and when it was
first introduced last year CDOT was doing improvements on Highway 85 in that particular area and they did
extend and improve the turn lanes.
Public Works is requesting the applicant to enter into an Improvements Agreement to upgrade and pave
County Road 20 from the entrance out to Highway 85 due to the heavy hauling and amount of trucks at full
build -out. He added that there will be a Maintenance Agreement where the applicant is responsible for what is
determined as their haul route. In addition, staff is asking for a stop sign coming off of the facility and that no
staging or parking of commercial vehicles is allowed on county roads. .
Commissioner Berryman asked for the projected number of vehicles to this site. Janet Carter, Public Works,
said that the applicant is proposing approximately 200 trips per day at full build -out. Mr. Berryman asked if this
number necessitated the accel/decel lane. Ms. Carter said it is based on the trip distribution that is proposed
within the traffic study. She added that under that criteria when you have more than 25 vehicles per hour
turning in a peak hour making a right hand turn into the site that triggers a right deceleration lane and the
same goes for a left hand lane. Ms. Carter added that internally, Public Works has been discussing this issue
because the applicant had presented to them that they really are not going to be at full build -out right.
Commissioner Berryman asked how often it is measured. Ms. Carter said that they would take traffic counts
at each roadway and watch the maintenance of the roadway. If it looks like it is starting to hit a lot of traffic out
there they would count the applicant's driveway and see what the volumes were. She stated that this could all
be worked out between the applicant and Public Works staff to determine when those triggers would be
developed.
Lauren Light, Environmental Health, commented that water will be provided from an existing well at the
adjacent Suncor site or they can drill a well on their own site. The question raised with the adjacent site is that
staff has documentation that it is a domestic/commercial well; however they would need evidence that it could
be shared by both sites and then they would have to do a shared well agreement. The office building will not
be constructed for a few years and then they run into the issue of sanitation for people. Portable toilets are
allowed on a temporary or seasonal use and since this is a full time business they do not support the use of
portable toilets. If they do use the adjacent Suncor facility to the west they would have to have the septic
system reviewed by an engineer to see if it could handle the additional flow.
Ms. Light commented that the applicant indicated that there will not be any above or below ground storage
tanks; therefore Condition of Approval 1.H and Development Standard 8 could be deleted.
Ms. Light said that an air emissions permit is required from the State; however the applicant would like to
change that from "prior to recording the plat" to "prior to operation" and staff is satisfied with that.
Julie Cozad, Tetra Tech, 1900 South Sunset St, Ste 1-F, Longmont, CO. Ms. Cozad commented that Suncor
is a significant contributor to the Colorado economy and added that they produce oil, natural gas and clean
wind generated electricity and products for consumers for fuel, vehicles, home heating and power for schools,
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hospitals and businesses. They are very environmentally responsible and deliver high -quality, competitively
priced and safe products.
Some assets in Colorado include the Commerce City refinery, crude oil pipeline systems, and 43 Denver area
retail stations known as Phillips 66. The refinery produces about 90,000 barrels per day and is located 6 miles
northeast of downtown Denver. They supply 35% of Colorado's gasoline and diesel fuel. They are a major
supplier of jet fuel to DIA. They also supply diesel to the Union Pacific Railroad and the refinery is the largest
supplier of paving grade asphalt in Colorado.
Ms. Cozad clarified that the location of the facility is % mile east of Highway 85. The area is a very rural
location and the majority of the uses surrounding the site are pasture and agricultural. There are a few
residences within the area with the closest one being approximately 900 feet to the west. Currently, it appears
that that residence is not occupied and is for sale. The property itself is zoned agricultural.
This is a truck unloading facility. The site is 12.3 acres. The entrance into the facility is from County Road 20.
They have modified the entrance to be a 45 foot turn radius to accommodate trucks turning in as well as
turning out.
Ms. Cozad stated that they have added a private road access and moved the gate location back so there is no
staging or parking on the county road.
There is a 3 by 4 foot sign at the entrance which provides contact information. The details of the sign are
shown on the USR plat. They are showing a detention pond area and will submit a Final Drainage Report.
At full build out they anticipate 10 bays. Ms. Cozad mentioned that all this is built on market conditions.
Initially they are planning to build the canopy with 4 bays, 12 inch pipeline, detention pond, security fencing and
gates, site grading, and lighting where necessary. They are not expecting to have any on -site personnel until
the office is built. The initial volume is expected to be about 10,000 barrels per day which would turn out to be
30 to 40 trucks per day.
At full build -out the remaining unloading bays would be constructed and they may either be phased or built all
at once, it depends on the market conditions. Future volumes are anticipated to be 25,000 to 32,000 barrels
per day and anticipating 15 employees. Other structures would be a 3500 square foot office, 1500 square foot
grind out shack, septic system for the office, either connecting to the existing well or drilling a new well.
Ms. Cozad mentioned that an engineer at Tetra Tech did a groundwater analysis at the site and did determine
that there is adequate water for a well if they chose to drill one. Right now they are leaning towards drilling a
well for the office but there is an existing well and if it works out they would like to have the opportunity to use
that.
The project does meet the Comprehensive Plan. The project is in compliance and will comply with the
Chapter 23 of the county code.
Ms. Cozad stated that they responded back to the Division of Water Resources addressing their concerns with
a copy of the well permit approved for commercial/domestic use. They also sent them a letter of the
groundwater monitoring report that they did.
There have been several meetings and conversations with the Colorado Department of Transportation
(CDOT). She clarified that the improvements on Highway 85 were not made by CDOT but rather by Suncor.
CDOT had sent a referral in the original application about 2 % years ago. The referral came back that there
was going to be some turn lanes required on Highway 85 and in good faith Suncor made those improvements
prior to coming before the Planning Commission. Subsequently the previous USR was withdrawn as it was
bigger and it did have storage. It was scaled down mainly due to market conditions.
A letter was submitted to the Building Department today. There was a letter sent to Public Works yesterday.
They have had several discussions with Environmental Health and they are in agreement with the conditions
made. An email was sent to the City of Ft. Lupton because they are located within three miles. Subsequent
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correspondence indicates that Ft. Lupton has no concerns.
Ms. Cozad stated that they would like to have some discussion in regard to screening and landscaping for this
facility. Suncor is requesting that this condition (1.C.2, 1.K, and Development Standard 24) be removed. The
main reason why they are requesting that this condition be removed is because of the proximity to the closest
residence and because of the rural nature of the facility and the area. Also, there are some safety concerns
about having any type of live landscaping out there because of the type of facility that it is. There could be
some fire danger to that and if you screen anything then you can also have some safety concerns as well.
Commissioner Holton asked if this facility will be fenced. Ms. Cozad replied yes. Mr. Holton asked if it will be
an opaque fence. Ms. Cozad indicated that they were not planning on it because there are some safety
concerns of visually screening the facility since initially it will be an unmanned facility. Mr. Gathman
commented that he understands the safety concerns and added that they were looking at the aesthetics of it
rather than safety.
The Chair asked for staffs recommendation. Mr. Gathman said that given the location he is concerned with
the residence across the street. Although it may not be inhabited right now it is not very far from the facility
and it is a 24 hour facility running up to 200 trucks at full build out. There will also be headlights moving
around the site and staff feels like they would like to have this addressed. Mr. Holton asked if staff will take
the security and safety issues into consideration when reviewing the screening plan. Mr. Gathman replied that
they would.
Condition 1.C.4. is one of the conditions which staff would like to add. Suncor is requesting that it be removed
mainly because they have documentation from CDOT in an email sent to Mr. Gathman on September 29,
2009 that verifies that all the improvements on Highway 85 have been completed and that they do not require
anything additional from Suncor.
Mr. Carroll commented that he was directed by the County Commissioners that any type of corridor plan or
anything to do with State Highways be placed on the plat. Ms. Cozad commented that they would not have
any problem with reference to the corridor plan as a note on the plat but believes that someone may interpret
that additional requirements be made by Suncor when they have already made the requirements that were
asked.
Roy Spitzer moved to add a new 1.C.4 according to staff recommendations and renumber, seconded by Nick
Berryman. Motion carried.
Condition of approval 1.C.5 and 1.L are the lighting conditions. The applicants don't have a problem with
doing a lighting plan; however they are suggesting that prior to recording the plat they show locations on the
plat and do a more detailed lighting plan at the time of building permit. The lighting will be designed as a part
of the office building, grind out shack and canopy and requested to move the requirement of the lighting plan
prior to building permits (5.E).
Mr. Gathman commented that the lighting plan under condition 1.L could be moved to 5.E. He added that
there is already language included that any lighting prior to them pulling a building permit shall be downcast
and stay on site.
Mark Lawley made a motion to move Condition of Approval 1.L to 5.E, seconded by Erich Ehrlich. Motion
carried.
Mr. Gathman suggested to change condition 1.C.5 to "Indicate pole light location". Ms. Cozad agreed and
reiterated "Show lighting locations".
Roy Spitzer moved to amend Condition of Approval 1.C.5 to "Show lighting locations", seconded by Robert
Grand. Motion carried.
Condition 1.D is the air pollution emissions notice. The applicant is suggesting that this be moved to "prior to
operation" rather than "prior to recording the plat". Ms. Light indicated that staff had no concerns.
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Bill Hall made a motion to move Condition 1.D to 6.B as suggested, seconded by Robert Grand. Motion
carried.
Ms. Cozad said that with regard to Condition 1.G initially when the facility opens with the four bays the only
people going out to the site will be the truck drivers. So they will drive in, unload and leave. They are
requesting to allow for the temporary use of some portable toilets until the office is constructed.
Commissioner Grand asked how long they anticipate that to be. Ms. Cozad indicated that it depends on the
market and added that it could be 6 months up to 2 years. She added that the portable toilets would be
maintained and used very infrequently.
Ms. Light stated that it is the policy of the Health Department that 6 months or less is when they allow the use
of the portable toilets.
Ms. Cozad commented that a compromise could be made to waive the temporary use of 6 months and put a
timeframe on it and revisit it then. Commission Hall felt that it was a fair compromise to give them 6 months
and revisit the issue at that time. Commissioner Grand agreed to give a compromise.
Bill Hall moved to allow a temporary facility for the first 6 months to be reviewed at that time with a possible
extension of another 12 months, seconded by Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, no; Erich Ehrlich, no; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes;
Roy Spitzer, no; Mark Lawley, no; Tom Holton, yes. Motion carried.
Condition 1.H referred to a Spill Prevention, Control and Countermeasure Plan for tanks and since there are
no tanks on the site the applicant is requesting that this be removed. She added that she believes staff has no
concerns.
Roy Spitzer moved to delete Condition of Approval 1.H, seconded by Bill Hall, Motion carried.
Condition 1.1 is in regard to the Public Works referral. Ms. Cozad indicated that they would like to have some
discussion on these requirements. There was a pre -application meeting with Weld County which included
Don Carroll of Public Works and they were told in October 2008 that they needed to provide a Traffic Study.
Mr. Carroll recommended that another meeting be scheduled for additional Public Works staff to attend. A
meeting was scheduled on November 6, 2008 and various Public Works staff attended and they went through
a lot of the requirements for the application. There was a lot of discussion about County Road 20. At that time
they were told dust abatement is what would be required on County Road 20 and that they needed to submit a
Dust Abatement Plan with their application and therefore that is what they did. They also discussed a trigger
mechanism in the Improvements Agreement and at that time they were told 500 trips per day would trigger
paving in that area and that a proportionate share for paving would be negotiated during the Improvements
Agreement process.
They received comments from Public Works on August 13`" and were very surprised to see that now they
were being required to pave County Road 20 as well as the portions of the facility itself. A meeting was
scheduled on August 24th with Public Works to discuss these comments with them. After a lengthy discussion
staff asked them to put together a memo with the information because some of the people that were at that
meeting were new and were not a part of the previous discussion. The applicants provided supporting
documentation and a memo two days later to Public Works and staff said that they would take it to a staff
meeting. A staff meeting was then held on August 27th and at that time Public Works staff did determine that
their comments still stood.
At this time, the applicants respectfully disagree with their determination of paving requirements on County
Road 20. They disagree that the improvements are required and are appropriate. Ms. Cozad read into the
record their response comments for their decision of why they feel this is not a necessary situation for this
facility. "Construction of the initial phases of the project will only generate 30 to 40 additional trips per day,
which when added to current background traffic provided by Weld County it is still well below the level of 200
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trips per day at which dust mitigation requirements should be considered in accordance with Weld County's
Gravel Road Fugitive Dust Emissions Policy and Procedure in the Weld County Code Section 8-6-100.B. In
addition, if traffic associated with future phases of Suncor's project cause the 200 trips per day level to be
exceeded, Weld County's policy allows for dust mitigation techniques other than paving including surface
treatment, watering and speed limit reductions. As a result, Suncor objects to this condition. Requiring
Suncor to pave and widen County Road 20 from Highway 85 to the entrance to the facility does not have a
rational nexus to the impacts associated with the traffic that will be generated by the project and places an
undue burden on Suncor's development that provides a general benefit to the County and other property
owners in the area. Although Suncor will accept a condition that requires the implementation of reasonable
dust control measures to address the impacts associated with increased traffic to the proposed facility, it
objects to the requirement for paving County Road 20 including the onsite paving that would be associated
with such improvements."
Commission Holton commented that it states "construction drawings" and then enter into an Improvements
Agreement. He asked for clarification. Ms. Cozad believed that the condition also said that they need to
address Public Works' comments which are very specific about paving.
Janet Carter, Public Works, commented that there has been a similar use on County Road 18.5 which is also
a Suncor facility. From that facility, similar to what is being proposed on County Road 20, staff has found that
18.5 was wrapped and found that due to the large trucks being used at that facility it basically forced Weld
County to pave that. As she understands with the facility that is being proposed on County Road 20, right now
they are proposing 4 bays which is 30 to 40 trips per day. Staff did look into potentially doing an
unconventional type paving, such as something like a wrap; however after having discussions with their
operations group it was their determination that it would not be beneficial to the taxpayers of Weld County to
eventually have to deal with the maintenance issues that would have to go on with that road. They did
determine that perhaps they could work with the applicant on accel/decel lanes and work with that triggering to
help lessen the initial cost. As Ms. Cozad mentioned in six months they could upgrade their facility and add
bays so there is no real direct timeline as to when they would increase traffic on that roadway and that is
something we have to look to make sure that we are not burdening the other travelers.
Ms. Carter commented that in the original meeting the applicants were told 500 trips which was correct for the
time; however since that year has passed they have found that that number is actually more like 300 trips per
day on the roadway.
Commissioner Grand referred to the comment of the similar use on County Road 18.5 and asked how many
traffic numbers are there. Ms. Carter said that the traffic count is 92 ADT taken in 2008 and is currently a
paved section.
Commissioner Grand said if we are experiencing that kind of deterioration it would be foolish for them to not
ensure that we provide a road that can take the loads.
Ms. Cozad continued to condition of approval 3 in which the applicant is requesting to change the 60 day
requirement to record a plat to 120 days. Mr. Gathman stated that staff is in support of the request.
Roy Spitzer moved to amend Condition of Approval 3 from 60 days to 120 days, seconded by Robert Grand.
Motion carried.
Mark Lawley moved to delete Development Standard 8, seconded by Roy Spitzer. Motion carried.
Ms. Cozad would like to suggest some language to Development Standards 21 through 23. They are
suggesting that at end of each of those sentences "in accordance with the approved Improvements
Agreement" be added.
Robert Grand moved to amend Condition of Approval 1.F as recommended by staff, seconded by Roy Spitzer.
Motion carried.
Mr. Carroll, Public Works, stated that staff is comfortable with the addition language for Development
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Standards 21 through 23.
Robert Grand moved to amend Development Standards 21 through 23 as suggested, seconded by Bill Hall.
Motion carried.
Ms. Cozad reminded the Planning Commission of the economics of the oil and gas industry. She thanked the
Planning Commission for the opportunity to present the project and requested approval of USR-1709. In
addition she thanked staff for the time and work and appreciated the meetings and interaction they have had.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Chris Nesmith, 13803 CR 20, stated that it appears that there has been a lot of work put into this. His concern
is the truck traffic coming from the east. He asked how it is determined how many trucks trigger the next
stage of abatement or paving. Ms. Carter said that what the applicant has proposed is the majority of the
traffic will be coming from the west. The amount of truck traffic coming from the east should be able to be
handled under their general maintenance that they do perform on County Road 20. That is one of the reasons
why they pushed the paving on County Road 20 to handle that impact.
The Chair closed the public portion of the meeting.
Ms. Cozad said that eventually when the County Road 20 facility is approved and constructed the County
Road 18.5 facility is planned to be closed. Therefore the trucks currently going there now would go to County
Road 20; however those numbers are accounted for in the Traffic Study.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. Ms. Cozad referred to their legal counsel. Jamie Jost,
Corporate Legal Counsel for Suncor, stated that Suncor can say they are in agreement with the conditions that
they did not object to but at this point they cannot say that they are in full agreement with the conditions
regarding the paving and screening.
The Chair recommended holding meetings with staff regarding those items to work them out prior to the
County Commissioner hearing. Cyndy Giauque, County Attorney, advised that although the applicants may
not agree and the conditions remain that they would comply with the conditions and development standards
set forth. Ms. Cozad commented that if those conditions remain when they make their presentation to the
County Commissioners they will need to decide if they wish to proceed.
Ms. Giauque said that if the Planning Commission were to approve this case it would be on the assurance that
the applicant would comply with the conditions whether or not they agree with it.
The Chair called a recess at 3:21 p.m.
The Chair called the meeting back to order at 3:31 p.m.
The Chair again asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. Ms. Cozad said as stated by their legal
counsel there are some conditions that they would still like to work through with staff and go onto the County
Commissioners and have a discussion with them. She added that if this application is approved they will
follow the rules and regulations of the county code. She believes that they can work through the conditions as
they proceed with this project.
Robert Grand moved that Case USR-1709 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Nick Berryman.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, yes with comment; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes;
Jason Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
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Commissioner Ehlrich reminded the applicant of the Weld County Comprehensive Plan as indicated in
testimony today and referenced Sections 22-5-90.A, 22-5-90.B and 22-5-90.D recognizing oil and gas
development in the County as an integral part of the County economy and has a substantial direct and indirect
impact on current and future land use. Also, the County recognizes the substantial economic contribution of
oil and gas production in Northern Colorado.
(Erich Ehrlich left the meeting)
(Bruce Barker entered the meeting)
The Chair read the next case into record.
CASE NUMBER: USR-1708
APPLICANT: Lone Star LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support Facility (Class II - Oilfield Waste Disposal Facility) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Part of the N2 N2 NW4 of Section 18, T3N, R64W of the 6th P.M., Weld County,
Colorado.
LOCATION: South of and adjacent to CR 34 and East of and adjacent to CR 49.
Chris Gathman, Planning Services, commented that the injection well facility will encompass approximately 6
acres of the 37.3 acre property it is located on and will be located at the eastern end of the site adjacent to
existing oil and gas tank batteries.
The facility is located immediately west of the Horton Feedlot (USR-1152 for up to 5,000 head of cattle
approved in 1999). The nearest residence is located approximately 825 feet to the west of the site on the north
of County Road 34. There are approximately seven residences along County Road 49 located approximately
2,300 feet to 3,300 feet from the site. Oil and gas improvements (tanks batteries) are located immediately to
the north of the proposed facility. Vacant land, with oil and gas improvements, are located immediately to the
north and south of this site. The applicant is proposing to place the facility in a location that is lower in
elevation than the adjacent battery tanks located immediately to the north. Attached Conditions of Approval
and Development Standards (screening plan, lighting plan) will help to ensure that the proposed use is
compatible with the surrounding area.
Ten referrals were sent out. Four (4) Referrals were received and either indicated no concerns or are
addressed through development standards and conditions of approval. No referral response was received
from Weld County Sheriffs Department, Platte Valley Fire Protection District, Colorado Division of Wildlife,
Colorado Oil and Gas Commission, and Weld County Ambulance Services.
Fifteen (15) letters and e -mails from surrounding property owners have been received. A summary of
concerns mentioned in this correspondence were:
• Traffic concerns (increasing traffic at an already busy, dangerous intersection, traffic noise, traffic
safety, hauling hours).
• Adverse impacts from the injection well operation (noise, dust, lighting, potential for contamination
of water wells in the area, potential for disruption for cell phone service during operations)
• Applicant is from out of state and has never operated an injection well facility.
• Incompatible with the surrounding agricultural area. This area already has a lot of impacts (with
Horton Feedlot) — this facility will only add to these impacts.
• Height and location of tanks disrupt the visual environment.
• There are already several injection well facilities in the vicinity of this site.
Some proposed mitigation proposed in surrounding property owner letters consisted of:
• Limit hauling to daytime hours (7 to 7)
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