The URL can be used to link to this page

Browse Search

Home My WebLink About20092949.tiffHEARING CERTIFICATION DOCKET NO. 2009-62 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1708 FOR AN OIL AND GAS SUPPORT FACILITY (CLASS II - OILFIELD WASTE DISPOSAL FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - LONE STAR, LLC A public hearing was conducted on October 28, 2009, at 10:00 a.m., with the following present: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Barbara Kirkmeyer Commissioner David E. Long - EXCUSED Also present: Acting Clerk to the Board, Jennifer VanEgdom Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Chris Gathman Health Department representative, Troy Swain Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated September 18, 2009, and duly published September 24, 2009, in the Windsor Beacon, a public hearing was conducted to consider the request of Lone Star, LLC, for a Site Specific Development Plan and Use by Special Review Permit #1708 for an Oil and Gas Support Facility (Class II - oilfield waste disposal facility) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Garcia advised the applicant's representative, Jim Lee, that he has the option of continuing the matter to a date when the full Board will be present. However, if he decides to proceed today, the matter will require three affirmative votes, or in the case of a tie vote, Commissioner Long will review the record and make the determining vote. Mr. Lee indicated he would like to proceed today. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He stated the site is located south of County Road 34, and east of County Road 49, and the injection well facility will be located on the eastern portion of the property, adjacent to existing oil and gas tank batteries. He further stated the Horton Feedlot property is located adjacent to the east, and the nearest single-family residence is approximately 825 feet west of the proposed facility, across County Road 34. He confirmed there are seven single-family residences located along County Road 49 within 3,300 feet of the site, and he gave a brief description of the surrounding land uses. He indicated the applicant intends to build the facility on a portion of the property which is lower in elevation, in order to provide reduced visibility, and the Screening and Lighting Plans required through the Conditions of Approval will help to ensure that the use is compatible with the surrounding area. Mr. Gathman stated ten referral 2009-2949 PL2031 l) //).%/.J HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 2 agencies reviewed the application materials, and four provided comments which have been addressed within the Conditions of Approval and Development Standards. He stated no response was received from the Sheriff's Office, Platte Valley Fire Protection District, Colorado Division of Wildlife, Colorado Oil and Gas Conservation Commission, or the Weld County Paramedic Service. He further stated fifteen letters and e -mails containing concerns have been provided by surrounding property owners, and the concerns include: traffic impacts, adverse impacts from the operation of the injection well facility, the property owner does not reside locally and has not operated this type of facility before, incompatibility with surrounding property uses, visual impact caused by the height of the tanks, and the number of injection well facilities which are already operating within the general vicinity. Mr. Gathman reviewed proposed mitigation measures provided by surrounding property owners, including: limited hauling hours, berming and screening for the facility, installation of mature trees on neighboring properties, dimming lights during nighttime hours, re -positioning the tanks to a less visible location, prohibiting the use of jake brakes on trucks, and the construction of a bird cage over the injection site, to reduce noise. He indicated, due to the amount of concern expressed by the surrounding property owners, the Department recommended that the applicant hold a community meeting, or meet with surrounding property owners on an individual basis. He confirmed the Department attempted to mitigate concerns by requiring the applicant to provide a Screening Plan and a Lighting Plan, and limiting the hauling hours from 7:00 a.m., to 7:00 p.m. He clarified the applicant is proposing to construct the facility on the eastern portion of the property because it is the farthest away from a majority of the surrounding residences. He further clarified the applicant is proposing to install the tanks south of the proposed office building, within an area containing a lower ground level, in order to reduce visual impacts. He indicated the Department of Public Works has proposed several road improvements to mitigate traffic and road safety concerns; however, staff has presented an updated memo, dated October 28, 2009, and marked Exhibit G. He further indicated another updated memo, submitted as Exhibit F, is a request by the Department of Public Health and Environment to modify the placement of several Conditions of Approval within the Resolution. He clarified all of the requested modifications would move Conditions of Approval from the category of "Prior to the Release of Building Permits" to "Prior to Recording the Plat." In response to Chair Garcia, Mr. Gathman indicated the bold text in the proposed modifications within Exhibit F is additional language to the Conditions, generally requesting that written evidence of compliance be submitted. Mr. Gathman displayed photographs of the site and the surrounding area, and in response to Commissioner Rademacher, he indicated the nearest similar disposal facility is approximately ten miles away, located north of the site near the intersection of County Roads 49 and 54. Don Carroll, Department of Public Works, stated County Road 34 is classified as a local paved road, and pavement was provided between County Roads 49 and 51 in the year 1989, through the required improvements associated with the Horton Feedlot. He indicated the daily traffic count on County Road 34, between County Roads 49 and 51, is approximately 175 vehicles, the 85th percentile of the traffic travels at a speed of 49 miles per hour, and trucks account for approximately 57 percent of the overall traffic. He further indicated the daily traffic count between County Roads 51 and 53, which is not paved and provides the entrance into Guttersen Ranch, is approximately 146 vehicles, and trucks account for approximately 54 percent of the overall traffic. Mr. Carroll indicated County Road 49 is classified as a strategic roadway, 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 3 requiring 140 feet of right-of-way at full buildout, and the most recent daily traffic counts indicate approximately 3,720 vehicles. He stated the 85th percentile travels at a high speed of 71 miles per hour, and trucks account for approximately 35 percent of the overall traffic. He stated the internal road to the facility will be paved, and the site will contain a concrete unloading pad, secondary containment wall, parking lot for vehicles, and office building. He further stated the road to the injection well will be gravel, and the detention pond will be located on the southern portion of the property. He clarified the applicant has designated the emergency spillway, the required Geotechnical Report has been provided, and the site is not located within a flood zone. He indicated the applicant will be required to complete an Improvements Agreement for both on -site and off -site improvements, including improvements to the intersection of County Roads 34 and 49. He confirmed the applicant has designated a haul route, has agreed to assist with the maintenance of County Road 34, and has provided a traffic study. Responding to Commissioner Rademacher, Mr. Carroll confirmed dust abatement measures are currently completed on County Road 34, from County Road 51 east to County Road 53, as a Condition of Approval for the Horton Feedlot. Janet Carter, Department of Public Works, confirmed the Department has received an amended traffic study, and is requesting some modifications to Condition of Approval #1.G. She requested the addition of the word "Triggered" at the beginning of Condition of Approval #1.G.1.a, the deletion of Conditions of Approval #1.G.1.b and #1.G.1.c, and the deletion of Condition of Approval #1.G.2, since a revised Traffic Study has been provided. She clarified the initial Traffic Study indicated 180 truck trips to the facility per day, and the applicant has indicated there will only be 60 round-trip truck trips per day, therefore, a west -bound left deceleration lane is no longer warranted for County Road 34, and a southbound turn/deceleration lane is no longer warranted on County Road 49. Responding to Commissioner Conway, Ms. Carter indicated ten vehicles per hour, during a peak hour, completing a left-hand turn, would require the addition of a turn/deceleration lane, and the applicant's revised study indicates only one vehicle per hour, during peak hours, for a total of approximately ten turns per day. In response to Commissioner Kirkmeyer, Ms. Carter reiterated the applicant is proposing 60 round-trip truck trips, or a total of 120 individual segment trips, and the facility itself will not trigger the need for the previously described turn lanes; however, it is the prerogative of the Board to require these improvements if they are deemed necessary. She further indicated the Department initially requested these improvements due to the results presented within the original traffic study; however, after the revised traffic study was provided, the Department reviewed the results and has decided the need for these improvements is not demonstrated. Commissioner Kirkmeyer indicated a speed of 71 miles per hour is excessive, and although she understands a large amount of improvements have been made to County Road 49, she believes the requirement of a left -turn lane is warranted. In response to Commissioner Kirkmeyer, Ms. Carter confirmed County Road 34 is paved between County Roads 49 and 51, and is a reconstructed gravel road between County Roads 51 and 53, and both improvements were completed by the Horton Feedlot at the time USR-1152 was approved in 1999. She clarified the Department initially requested this applicant to pave County Road 34, between County Roads 51 and 53; however, several discussions have been held, and a new plan has been implemented. She further clarified the new plan includes yearly inspections of the road, with the applicant paying a proportional share of the cost for the magnesium chloride applied to the road for dust control. She indicated if the traffic count for this section of road were to exceed 300 vehicles per day, or if the roadway was determined to be damaged by the trucks 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 4 utilized by the applicant, the applicant would then be required to pay for the paving costs. Further responding to Commissioner Kirkmeyer, Ms. Carter clarified the original Department memo, dated August 13, 2009, requested that the applicant pave the road between County Roads 51 and 53; however, the applicant did not concur, and held discussions with staff to create a "triggered" plan. She indicated the heavy water trucks may damage the roadway, and it is the Board's prerogative at this point to request the applicant to provide paving of the road, as originally requested by staff. In response to Commissioner Rademacher, Mr. Carroll indicated the applicant expects that most of the traffic to the site will travel west on County Road 34, from the Guttersen Ranch property which is located east of County Road 53. Ms. Carter further indicated trucks to and from the site are allowed to travel either direction on County Road 34; however, the recognized haul route is on County Road 34, east of County Road 51. Responding to Chair Garcia, Mr. Carroll indicated the Conditions of Approval and Development Standards contained within this Resolution are comparable to the requirements of other similar facilities; however some of the requirements for this facility may be slightly increased. He clarified several facilities have gravel within the interior of the site, but the requirement of a concrete unloading pad is very typical. He confirmed the applicant's intent to provide asphalt internal roads is a good idea, as it will help to reduce dust and will prevent tracking debris onto the County roads. He confirmed the design of the site is laid out very well, and staff does not have any concerns. Troy Swain, Department of Public Health and Environment, stated it is necessary to move several of the Conditions of Approval, as referenced within Exhibit F. He clarified the items need to be listed as Conditions required Prior to Recording the Plat, instead of Prior to the Release of Building Permits so that staff may review the design and make appropriate comments/modifications before the plat is recorded. He confirmed Development Standards #3 through #19 address the requirements and concerns of the Department. Mr. Lee stated he would like to address the concerns referenced by the neighbors, and he displayed a PowerPoint presentation, marked Exhibit E. He clarified the pump house will be fully insulated to limit noise, and there are currently renters within the residence on the western portion of the property. He further clarified he purchased this property after the previous property owner lost the property through the foreclosure process, and it was extremely trashy when he first acquired it. He confirmed he has invested a large amount of time and money to clean up the property, and he has held discussions with several of the surrounding property owners, in order to discuss concerns. Mr. Lee indicated there are currently four wells on the property, and an interior road does exist. He clarified the tanks previously mentioned by Mr. Gathman are actually freshwater tanks for the Horton Feedlot, and Noble Energy owns several tanks which are further east of the freshwater tanks. He confirmed he chose to purchase this property for its convenient location, good visibility for the access, and the gradient of the site. He confirmed similar facilities utilize tall tanks; however, he manufactures tanks for a living, and his specialty is saltwater injection wells, and the secondary recovery requires the storage of water. He confirmed he is not in the oil well business, rather, he is in the water well business with a small amount of oil on top, and his business is the only one in the nation that is able to build the specialized tanks which are 21 feet wide and twelve feet tall. He confirmed, due to the gradient of the site, the tanks will be located approximately seven feet lower than the unloading station on the site, in order to limit the visibility of the tanks. He confirmed all of the 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 5 tanks on his site will be half of the height of the shortest tank found at other facilities, to reduce visual impacts for surrounding property owners. Mr. Lee addressed the concerns presented regarding water quality safety and confirmed oversight is provided by the Colorado Oil and Gas Conservation Commission (COGCC). He indicated he understands that groundwater is a precious commodity within Northern Colorado, and the construction process for the injection well includes installation of cemented surface casing, drilling to depth, and then installing tubing within the well bore. He clarified the annulus space is filled with packer fluids and contains a gauge, therefore, any degradation of the casing will cause the pressure to drop, and if the tubing degrades, the pressure will increase. He confirmed the COGCC provides annual monitoring of the well processes, and the County conducts a quarterly inspection. He clarified one of the Conditions of Approval, which is requested to be moved within the Resolution, is the requirement for a dilling log to be submitted; however, it is impossible to submit the drilling log until after the well is drilled. Dan Hull, Lamp, Rynearson, and Associates, represented the applicant and continued a review of the PowerPoint presentation, marked Exhibit E. He briefly reviewed the history of the meetings held between the applicant and County staff, beginning in November, 2008, with the pre -submittal meeting, and most recently on October 20, 2009, with the Department of Public Works. He confirmed it has been difficult for the applicant to anticipate accurate costs for this project because the requirements have fluctuated between all of the meetings held with County staff. He confirmed the applicant's estimate for the required improvements was calculated at approximately $150,000.00 at the beginning of the application process; however, the comments provided by County staff were modified on August 13, 2009, which included the requirements for paving County Road 34, and installing various turn/deceleration lanes. He indicated a cost estimation was again completed, and the applicant determined the County was now requiring that he provide approximately $1.3 million worth of improvements, which is too expensive and costly for this type of operation. He confirmed a meeting was set with the Department of Public Works to discuss these new requirements, at which time it was discovered that the traffic study contained errors. He indicated the Department of Public Works did not revise the requirements after the meeting was held, therefore, an addendum to the traffic study was sent to the Department to clarify the proper number of daily vehicle trips to the site. Mr. Hull confirmed the Planning Commission hearing contained lengthy discussion concerning the required improvements, and it was the general consensus of the Planning Commissioners that the requirements were out of line, therefore, the matter was approved with the direction for the Department of Public Works to work with the applicant to revise the requirements. He indicated a meeting was held with the Department on October 20, 2009, at which time a better proposal regarding the road improvements was developed, including the deletion of some requirements, and the development of a Road Maintenance Agreement. He stated Mr. Lee is generally in consensus with the new agreement; however, there are still several details which need to be addressed. Mr. Hull clarified many of the water trucks currently leaving the Guttersen Ranch property travel north to the existing facility because the other two facilities within the general vicinity are not easily accessible, due to the costs associated with the large travel distance. He indicated Mr. Lee picked a property right in the middle of the existing truck traffic, in order to shorten the distance in which trucks will have to travel to dispose of water. He confirmed the applicant 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 6 anticipates that many of the trucks will come from the east, from Guttersen Ranch; however, water may be brought in from other locations. He clarified the hauling companies which operate the trucks are responsible for designating the haul routes, and a shorter distance to a disposal facility will actually create a net reduction of trucks traveling on the County roads. He clarified he does not believe the trucks currently hauling from Guttersen Ranch travel on County Road 53 to access the existing facility, since the road is narrow and not well -maintained; however, County Road 34 is a well -maintained gravel road. He confirmed he has personally witnessed a large number of trucks exiting the Guttersen Ranch utilizing County Road 34 to access County Road 49, and he understands the Horton Feedlot is required to help provide maintenance of County Road 34. He indicated he believes the placement of the facility will actually help to reduce the amount of traffic on County Road 49, since many of the trucks already traveling on the roads within the area will travel to the facility on County Road 34, due to the shortened distance. He confirmed Mr. Lee is also very concerned about the safety of the roads within the area, and he is willing to be fair with his contributions to improvements for the road system. In response to Chair Garcia, Matt Kruse, Traffic Engineer, Lamp, Rynearson, and Associates, indicated he would prefer to delay his portion of the presentation until after the lunch break is completed. Chair Garcia encouraged those in attendance, not being able to return in the afternoon, to provide testimony before the break occurs. He indicated, after the break, Mr. Kruse will provide his presentation, and then the hearing will once again be opened to receive public input. Charlene Fridge, surrounding property owner, expressed her concerns regarding the impact of the facility on the health of the residents within the area, the groundwater, and the traffic within area. She indicated Waste Management, her trash provider, has recently indicated it is too dangerous for its driver to pick up the waste at her property because of the high speed and volume of traffic on County Road 49. She indicated the tanks will still be visible, even if they are shorter, and she agrees with many of the neighbors who previously expressed interest for the applicant to install trees to provide screening. She indicated the owner of the Horton Feedlot made promises to provide screening, in 1999, when the USR permit was approved; however, he has never followed through with his promises to the neighbors. She indicated the area was quiet when she moved into her residence; however, the area is not like that anymore. She indicated she understands the applicant will follow the protocols required by the COGCC; however, the future effect on the water system is unknown. Responding to Chair Garcia, Ms. Fridge indicated she is concerned both about the well water and the general underground water patterns, and she confirmed she is not knowledgeable enough about the process to know whether her well water will be harmed. In response to Commissioner Rademacher, Ms. Fridge confirmed she lives on County Road 49, south of County Road 34, and she has resided on her property for over 20 years. She indicated the traffic on County Road 49 has dramatically increased within the past few years, and she lives on a downhill slope where the traffic travels at extremely fast speeds. She expressed her appreciation to the Board for the recent shoulder improvements which have been completed on County Road 49; however, the road still needs a large amount of additional improvements. 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 7 Holly Rautmann, surrounding property owner, indicated she has lived at her residence for ten years, she concurred with the comments provided by Ms. Fridge, and reiterated the safety of traffic within the area is a huge concern. She indicated she does not completely understand all of the discussion regarding road improvements to be made by the applicant; however, she encouraged the Board to make whatever determination is necessary to ensure safety on the roads. She indicated she has heard information that it is possible to cause an earthquake when these deep wells are drilled, and she has concerns about that possibility. She reiterated the request for the Board to require the applicant to install turning lanes, especially since the school bus travels along County Road 49, and the children need to be kept safe. Responding to Commissioner Conway, Ms. Rautmann indicated the school bus makes at least two stops directly on County Road 49. Ms. Carter clarified she has been working in conjunction with the School District to install new signs and pursue the idea of moving the bus stops off of County Road 49. She confirmed there are currently three bus stops directly on County Road 49, and there is currently a plan in action to relocate these bus stops. Ralph Hole, surrounding property owner, indicated he is employed as a truck driver, and he knows the trucks hauling water are only allowed to carry a specified amount of weight. He stated although the applicant may be required to provide turn lanes and acceleration/ deceleration lanes, the proposed length of these additional lanes will not be adequate for fully loaded trucks, which presents a major safety issue. He expressed his concerns regarding the large volume of traffic on County Road 49, confirmed the road is already very congested with the existing traffic, and stated the addition of trucks traveling to this facility will make matters worse. Mr. Hole clarified discussion was held during the Planning Commission hearing regarding prohibiting the use of jake brakes for the trucks hauling the water; however, the jake brakes are necessary for the fully -loaded trucks to be able to stop within an adequate distance. He confirmed the brakes are not terribly noisy due to the newer design on these types of trucks; however, he does understand that many of the trucks which haul to the feedlot are extremely noisy, so he understands why the concern was presented. He expressed his concerns regarding the children who ride the school bus, as he does not believe that trucks will be able to stop in time for the children when the bus is stopped for pickups or drop-offs. He further expressed concerns regarding the liquids being hauled in the water trucks in the event of an accident, and he confirmed virtually all of the beef at Horton Feedlots is for human consumption, therefore, he does not want contamination to occur on the feedlot which results in some unknown substance being ingested. In response to Mr. Hole, Chair Garcia clarified trucks account for approximately 57 percent of the traffic traveling on County Road 34, which includes all types of truck traffic, and the applicant is proposing a maximum of 60 round -trips of trucks traveling to the site on a daily basis. Commissioner Kirkmeyer clarified the applicant will be required to notify drivers jake brakes are prohibited upon entering or exiting the proposed facility, and she questioned whether this will be feasible for the drivers. In response, Mr. Hole indicated it is feasible not to utilize jake brakes for that purpose; however, the use of jake brakes is necessary along County Road 49. In response to the concerns presented by Mr. Hole, Commissioner Kirkmeyer clarified the proposed use is a Class II oilfield disposal facility, which will allow the applicant to dispose of what was pulled out of the ground during oil and gas drilling through injection of the by-products down into the same formation. She clarified a similar facility is located in close proximity to her personal residence, and she has never experienced any problems with her groundwater levels or quality. She further clarified the matter being hauled and injected by the applicant is brine water. 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 8 Chair Garcia issued a one -hour recess. Upon reconvening, Mr. Kruse indicated there are thousands of oil and gas wells within Weld County, and it is not possible to determine where the truck trips originate from or which direction the trucks will be traveling. He reiterated Guttersen Ranch is located east of the site, and there are a large number of oil and gas wells on the property, therefore, there are currently many trucks exiting the property and dispersing to County Road 49 to travel to an unloading destination. He indicated the applicant is expecting 60 truck roundtrips per day, which is the figure allowed within the permit granted by the State. He clarified the maximum of 60 roundtrips is expected to occur when the facility is operating at 100 percent capacity, and it will take quite a bit of time to reach full operating capacity, therefore, 60 truck roundtrips will not be occurring during the early stages. He indicated it is not expected that 100 percent of the truck traffic will originate from Guttersen Ranch, and the actual trip distribution figures indicate a total of two-thirds of the expected traffic (40 trucks) will travel west on County Road 34, and approximately one-third (20 trucks) will travel east on County Road 34. He stated the traffic study indicated a peak hour is equivalent to ten percent of the overall traffic, or a total of six trucks during a peak hour. He clarified the peak hour distribution was calculated in response to the determination presented by the Department for the necessity of turn lanes for the facility. Mr. Kruse further reviewed the PowerPoint presentation, marked Exhibit E, and displayed the expected volume of traffic on County Roads 34 and 49. He confirmed, based upon the standards contained within the Access Code, County Road 49 is comparable to a regional highway, and the projected truck trips to the proposed facility are not anticipated to exceed the standards listed. He clarified more than ten vehicle trips within a peak hour would trigger the need for a left turnlane improvement, and more than 25 vehicle trips would trigger the need for a right turnlane improvement; however, this facility does not expect more than a total of seven or eight vehicles to the site during any given hour, therefore, left -turn and right -turn deceleration lanes from County Road 49 are not necessary. He indicated there are currently many trucks traveling along County Road 34, and it is expected that once the proposed facility is operational, many of the trucks will travel to this site to unload instead, and not travel on County Road 49. He confirmed the updated traffic study indicated that the full expected load of 60 additional truck trips per day did not trigger the threshold requiring additional improvements on County Road 34. Mr. Kruse confirmed safety within the area is a great concern of the applicant, and the applicant will agree to install the deceleration lane if staff and the applicant are able to come to an agreement regarding some of the other requirements. He reviewed the traffic volume in the immediate area, and indicated it was previously mentioned that a traffic count of more than 300 vehicles would trigger the need to provide pavement on County Road 34. He clarified that even if 100 percent of the trucks trips came from the east on County Road 34, the need for paving is still not met, therefore, the requirement to provide paving on County Road 34 is not warranted. He clarified the current traffic count indicates approximately 1,200 trucks utilize County Road 49 on a daily basis, and this facility is expecting to add twenty truck roundtrips on an average day, which is only an increase of 0.5 percent. He indicated he understands there have been numerous accidents within the area, and the recently completed improvements to County Road 49 do not help to reduce the speed of the vehicles on the road, therefore, the County needs to make a more concerted effort to reduce speed. 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 9 Mr. Hull indicated the traffic counts collected were adequate and provided a good review of the overall traffic within the area, and he clarified the Horton Feedlot contributes 81 truck trips per day on County Road 34. He further reviewed the PowerPoint presentation, and gave an in-depth review of the cost comparison of the improvements being required of this proposed facility to other facilities already approved by Weld County. He indicated what is being required of the applicant is not fair in comparison to other facilities, even with the amended agreement recently presented by the Department of Public Works. He confirmed the new agreement indicates the applicant could still be responsible for the costs of paving County Road 34 at some point in the future, and the requirement will be a moving target, which will make it virtually impossible for the applicant to plan for, since the intersection improvements alone will cost between $150,000.00 and $200,000.00. Mr. Lee clarified he did not receive any of the updated information or cost figures until today's hearing. He indicated the improvements which are required for County Road 49 have been calculated at an approximate cost of $180,000.00, and when he first began the application process, he budgeted $150,000.00, which was expected to cover all improvements. He clarified he was notified by staff in June, 2009, that the required improvements had been modified, increasing his costs, and he also entered into a Road Maintenance Agreement, for maintenance activities on County Road 34, which will cost him a total of $10,000.00 per year. He reiterated discussion was presented at the Planning Commission hearing that the safety and speed along County Road 49 are of utmost importance, and he agreed to construct deceleration lanes; however, he does not agree with the requirement that he should pay for the paving costs for County Road 34. He reiterated the proposed facility will not generate additional traffic, since many of the trucks are already hauling along this road to other locations. Mr. Lee clarified that the State mandates how much fluid may be received at the site on a daily basis, therefore, the number of truck trips cannot increase in the future. He further clarified the business operations will not start at 100 percent capacity, and it may take several years until the business reaches the point where 60 trucks are traveling to the site on a daily basis. He expressed his concern regarding the road improvements required, and indicated he cannot properly budget for business expenses if he is presented with a moving target. He stated the improvements proposed by the Department of Public Works will not fix the safety hazards on County Road 49 caused by the speed of traffic within the area. Mr. Hull provided a handout, marked as Exhibit P, detailing the applicant's proposed changes to Condition of Approval #1.G. He indicated the applicant proposes to provide maintenance of County Road 34, for a cost not to exceed $10,000.00, and provide a pro -rated share of the paving costs for County Road 34, once the traffic count exceeds 300 vehicles per day. Mr. Lee clarified it was discussed within the Planning Commission hearing that the threshold for requiring a County Road to be paved was 300 vehicle trips per day; however, he is not sure that the figure was put in writing. Mr. Hull requested that the proposed amendments contained within the memo presented by Mr. Gathman not be approved by the Board, due to issues with the continuity of the application process. He further requested that Conditions of Approval #1.D, #1.E, #1.F, #1.G, and #1.1 be moved from the heading of "Prior to Recording the Plat" to the heading of "Prior to the Release of Building Permits," so that the applicant may record the plat as soon as possible. Responding to Chair Garcia, Mr. Lee confirmed he met with surrounding property owners on an individual 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 10 basis; however, he was not able to meet with all of the surrounding property owners. Further responding to Chair Garcia, Mr. Lee confirmed he made it a priority to speak with the three closest surrounding property owners. Commissioner Kirkmeyer clarified it appears that Planning staff is now recommending the deletion of Condition of Approval #1.G.1.b and #1.G.1.c, and agrees with a triggered process for pavement of County Road 34, therefore, she believes the Department of Public Works has accommodated the applicant's request made during the Planning Commission hearing. Responding to Commissioner Kirkmeyer, Mr. Lee indicated he is not sure of the exact number of trucks which originate at the Guttersen Ranch since a traffic count was not completed. Commissioner Kirkmeyer clarified the trucks do not remain parked at the Guttersen Ranch during overnight hours, therefore, there are truck trips which occur on the County Roads before the trucks will travel to the proposed facility. Mr. Hull clarified the largest hauling company within the area is A and W Water Company, therefore, he assumes that a majority of the trucks are originating from the Fort Lupton site, and these trucks are currently impacting County roads. Mr. Lee clarified it is his intent to capture the business of the trucks currently utilizing the County roads and shorten the hauling distance by convincing the hauling company to utilize his site for disposal activities. He clarified a truck hauls an average of three or four loads per day, depending on the distance to the disposal facility, and if he is able to do his job right, most of these drivers will begin to travel to his site instead since it saves fuel costs, etcetera. Commissioner Kirkmeyer questioned how many wells are located on the Guttersen Ranch property, and how many wells must be pumped for the proposed facility to operate at 100 percent. In response, Mr. Lee indicated a typical truck may fill up and legally haul off 130 barrels of water, which is roughly 80,000 pounds, and the capacity of most of the oil and gas tanks is approximately 200 barrels. Further responding to Commissioner Kirkmeyer, Mr. Lee clarified the brine water is a by-product of the oil and gas drilling operations, and he does not currently have any contracts with any oil and gas companies which are currently operating at the Guttersen Ranch. He further clarified he will not enter into contracts with the oil and gas companies, rather, he will enter into contacts with the trucking companies which work with the water hauling company. In response to Chair Garcia, Ms. Carter confirmed the traffic study referenced by Mr. Kruse was reviewed and found to be acceptable by the Department of Public Works. She clarified the turn lanes on County Road 49 were not technically warranted; however, due to the mention of safety concerns regarding the use of the road by heavy trucks, the speed of the traffic, and the number of accidents within the vicinity, the Department requested that the turn lanes remain as a requirement, as a matter of consistency. She clarified all of the other disposal sites referenced by Mr. Hull within the presentation are located on County roads which are paved, and she confirmed the Department requires access/entrance improvements for every site. She further clarified the High Plains facility opted not to utilize County Roads 49 and 52 within the hauling route, due to safety concerns, and if the facility had intended to utilize the roads, the Department would have required additional improvements to the roads. She indicated the site owned by Apollo Operating is located adjacent to a State Highway, therefore, the applicant was required to meet the concerns of the State, and all of the other disposal facilities were required to make improvements similar to these requested for this facility, therefore, there should be no concerns regarding consistency. She reiterated that although the turn lanes were not warranted based 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 11 upon the factual results of the traffic study, the Department is requesting these improvements to help improve the safety concerns mentioned at that intersection. Further responding to Chair Garcia, Ms. Carter confirmed when a traffic count is conducted, the number of axles on a vehicle are counted, and it is generally recognized that vehicles with two axles are considered to be passenger vehicles, and vehicles with three axles or more are defined as a truck, for the purposes of determining the percentage of truck traffic. She expressed her concerns regarding the potential for the water trucks leaving Guttersen Ranch to be overweight, since there is no place for the trucks to be weighed within the immediate vicinity. She further expressed her concerns regarding the hauling company not obtaining the appropriate overweight permits, and overweight trucks potentially damaging the road, causing it to become structurally unstable. She clarified the subsequent agreement between the Department and the applicant included a trigger that County Road 34 would be required to be paved once the traffic count exceeded 300 vehicles, or upon the inspection by the Department that the road is deteriorating. She further clarified, if the applicant is operating at full capacity and the road becomes unstable, it is easy for the Department to realize that the road condition will be a result of the heavy trucks hauling to and from the site, which is why the applicant is required to be involved with the paving of the road. In response to Commissioner Conway, Ms. Carter stated all of the other facilities previously mentioned by the applicant have entered into Road Maintenance Agreements with the Department, and the specific improvements required are usually addressed within the Agreement, and not within the Resolution approving the USR permit. She clarified each of the agreements with the other companies contain trigger points for necessary improvements within the text of the agreement. Responding to Commissioner Rademacher, Mr. Carroll confirmed a traffic count east of the feedlot facility was taken this past year, with a daily average of 146 vehicles; however, west of the site has a daily average of 275 vehicles. Further responding to Commissioner Rademacher, Mr. Carroll confirmed County Road 51 is a gravel road, and south of the feedlot, the road has been abandoned, and the runoff on the road runs into the barrow ditch. He further confirmed County Road 53 is a gravel road, north of the Guttersen Ranch, with a daily average traffic count of 67 vehicles. Commissioner Rademacher indicated it appears approximately one-third of the traffic on County Road 34 is coming from the feedlot, and he questioned whether the feedlot will be required to help provide paving costs if the traffic count exceeds 300 vehicles and County Road 34 is required to be paved. In response, Ms. Carter indicated the entrance to the feedlot is paved, and the trucks leaving the facility utilize the paved portion of County Road 34. Commissioner Rademacher indicated it is possible that commodity trucks could travel to the feedlot from the east, and in response Ms. Carter confirmed it is possible; however, it is not very likely. She confirmed the feedlot is required to help maintain the existing paved portion of the road; however, they will not be required to help with future paving costs since it is an agricultural operation. Mr. Lee clarified the trucks will be fined if they are overweight, and the trucks which haul the water are not any heavier than the livestock trucks which travel to and from the feedlot. He further clarified a majority of the vehicle traffic to and from the Guttersen Ranch is originated by the oil and gas companies which are drilling the wells. He reiterated when his company is 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 12 operating at 100 percent, with 60 truck trips per day, the paving requirement for County Road 34 will still not be triggered, and he would prefer that safety improvements be centered on County Road 49 instead. He clarified the paving costs for County Road 34 should be pro -rated, and he confirmed he has already agreed to provide $10,000.00 per year to help with the maintenance of the road. Mr. Kruse clarified 31 of the 67 vehicles utilizing County Road 53 on a daily basis are trucks. He confirmed Weld County does have a policy concerning Road Impact Fees, and the policy indicates any new development is required to provide a proportionate share of necessary road improvements. He indicated it does not seem fair to require the applicant to be solely responsible for the paving improvements, especially since the safety problems at the intersection of County Roads 49 and 34 would exist even if this facility decided not to proceed at this location. He reiterated the applicant's facility will only add a small percentage to the overall traffic count, and he should not be held solely responsible for the pavement improvements. Ray Nelson, surrounding property owner, confirmed several of the surrounding neighbors got together to discuss concerns a few days prior to the Planning Commission hearing, and the three main concerns voiced were noise, nighttime lights, and traffic and safety concerns along County Road 49. He stated he understands that the applicant does not technically trip the trigger to require additional turn lanes; however, at the very least, the intersection of County Roads 49 and 34 needs to be widened, since it is currently very narrow. He confirmed vehicles currently stack on the road, waiting behind trucks which are trying to turn, and he believes the applicant needs to be held responsible to mitigate his impact on the current traffic. Mr. Nelson stated it has been indicated several times that the applicant intends to receive most of the product from the Guttersen Ranch; however, 95 percent of the product drilled on that site is currently under contract for a period of three years, therefore, the applicant will most likely be forced to receive a majority of truck trips from the west of the site. He indicated the intersection is not hidden; however, it lies within rolling terrain, which creates limited sight distance, and the safety concerns of the road are compounded due to the number of trucks and buses which travel on the road. Mr. Nelson clarified the noise concerns were not about the operation of the facility, rather, residents are concerned about the noise which will be generated by the use of the jake brakes on the trucks. He stated residents also have concerns regarding the lighting on the site, and he understands the applicant will be required to provide shielded lights; however, he is still able to see the lights from the dairy facility which is approximately 3.5 miles from his residence. He confirmed the tank batteries within the area contain lights which come through his bedroom windows, and the Board needs to create a standard which will allow the applicant to utilize lights for safety and security purposes, but will also protect surrounding property owners from nuisance lighting conditions. He suggested the applicant be required to turn off lights during night-time hours, and instead install motion sensors to illuminate the site when necessary. He clarified the applicant originally indicated trees would be planted on the site to help provide screening; however, he is concerned that the trees will not be watered adequately, therefore, he recommended that the applicant purchase well -established trees for the neighbors to plant on their respective properties. He confirmed the applicant verbally agreed to this recommendation during the Planning Commission hearing; however, he would like for the agreement to be documented, in writing, so that the applicant is required to follow through. 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 13 Jim Johnson, surrounding property owner, indicated his residence is directly west of the proposed facility, he has lived in the area for 47 years, and his grandparents once worked on the lands now known as Guttersen Ranch. He confirmed there have been a lot of changes within the area over the years, and he expressed his concerns that the costs associated with the improvements required as a result of the proposed operation will become the responsibility of Weld County taxpayers. He confirmed he previously discussed the possibility of widening the intersection by acquiring a portion of the applicant's property; however, if the County utilizes land to expand right-of-way, it must be bought at a price. He indicated he likes living in a quiet, peaceful area; however, within the past few years, that feeling has been lost due to the increased traffic in the area. He confirmed many comments have been expressed regarding the need for improvements to County Road 49; however, he resents that the taxpayers will be required to pay for the necessary improvements because the various businesses within the area have been allowed to operate, causing increased impacts. Mr. Johnson expressed his appreciation to Mr. Lee for the work he has completed to clean up the property; however, the noise on the property was not controlled during those activities, and he is concerned the noise level on the site will not be adequately contained once the facility is at full operation. He further expressed his concerns regarding the amount of traffic to the facility, since the applicant has not accounted for the additional trips necessary for lunch breaks or to a shop for repairs and maintenance. He indicated he is not sure if this facility has a lifetime expectancy, or if it will only be operated for a specified number of years; however, he is concerned that in the event of the closure of the facility, it is not known what will happen to all of the waste materials, or the injection well on the site. Mr. Johnson indicated a weigh station should be constructed on County Road 49 because he believes many of the trucks are avoiding U.S. Highway 85 and utilizing County Road 49 instead so that they may carry overweight loads. He further expressed his concerns regarding the speed of the traffic, especially when vehicles pass other vehicles within intersections, and he does not believe the addition of an acceleration lane will provide much benefit. He indicated he has a gate at his entrance which has been knocked down several times, and during a recent traffic accident on the road, the traffic was backed up for a long distance, and people were not able to get off of the road since there is no other escape plan. He clarified he previously requested an additional presence on the road from the Sheriff's Office, and he was told at the time that there was not enough manpower to provide proper patrol of the road. He suggested that the County devise some type of speed trap for the road so that the drivers are held accountable for their speeding. He reiterated that he resents that "big money companies" are being allowed to come in and start operations in the immediate vicinity, and the landscape of the area is being modified. He indicated he understands the process of change and progression; however, it is difficult for him to witness because the American value is being lost. Linda Ratzlaff, surrounding property owner, indicated her residence is the closest in proximity to the proposed facility, and she requested that the applicant be required to construct a large dirt berm around the facility to mitigate visual impacts. She confirmed the lights on the feedlot property stream into the windows of her house, and construction of a berm will help block the lights from both sites. She indicated she understands the hours of operation are from 7:00 a.m., to 7:00 p.m., and she requested that the applicant install a motion sensor for lighting during the night-time hours. She expressed her concern about not knowing what materials will be stored within the storage tanks, and if there is a overall limit to the volume of materials which may be stored on the site. In response to Commissioner Rademacher, Ms. Ratzlaff indicated the 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 14 closest similar disposal facility is just under seven miles in driving distance from this proposed facility. She stated she rides her bicycle along County Road 53 on a frequent basis, and trucks do utilize County Road 53, even though it is a dirt road. She confirmed she has lived in the area for over 25 years, she expressed her concern regarding the applicant adhering to the maximum of 60 trucks per day, and she indicated she would prefer the Board deny the USR permit. Frank Cassano, surrounding property owner, indicated his residence is not as close in proximity as some of the other neighbors, and he agrees with all of the concerns previously presented by surrounding property owners. He confirmed he rarely sees Deputies patrolling County Road 49, and when he previously called the Sheriff's Office to voice his concerns, he was told that the Deputies are too busy to provide more frequent patrols. He indicated he would like the speed of vehicles to be reduced along County Road 49, and the Planning Commission recommended that the Department of Public Works reduce the speed limit; however, he is not sure if reducing the speed limit will really help. He further indicated tailgating has been a form of art along County Road 49, and many drivers consistently cross double yellow lines to pass slower vehicles. Joel Ritchey, surrounding property owner, confirmed the speed limit is posted as 65 miles per hour along County Road 49, which means a majority of the drivers regularly drive 70 miles per hour, or more. He confirmed improvements were recently created at the intersection with County Road 30, and he has noticed a reduction in the speed of traffic within that intersection, which has made the intersection safer. He indicated posting a lower speed limit will not slow down the drivers; however, if the proper improvements are completed, the speed will slow down. He confirmed the additional improvements at the intersection have been good, and help to keep trucks from traveling over 65 miles per hour. He suggested that the County make dramatic improvements to County Road 49, by adding additional lanes and constructing the road as a four -lane highway. Roger Clark, surrounding property owner, indicated he has the same concerns as previously presented. He stated there have not been projections regarding the additional traffic created by the addition of wells in the area, and it is known that each well requires an additional small vehicle and large truck trip per week. He confirmed he knows of eight wells which are being constructed near his property, and the traffic associated with these wells further impacts the traffic already on the roads. He confirmed the intersection of County Roads 49 and 34 has safety issues; however, there is a greater concentration of truck traffic utilizing County Road 34.5. He indicated there are many annual livestock events within the surrounding area, which also greatly impact the traffic counts, and he does not believe a slower speed limit will provide much of an advantage. He further indicated additional oversight and patrol, and the addition of more lanes to County Road 49, is the better and safer option. He indicated all of the traffic utilizing County Road 49 impacts the intersection at County Road 34, and it is not fair for the applicant to bear the entire cost of the improvements at the intersection. Mr. Clark stated it is inevitable that the traffic in the area will continue to increase, due to the addition of oil and gas wells, and he expressed his concerns regarding the possible impacts to the water quality. He suggested that if all of the surrounding property owners within a 1.5 mile radius had the water periodically tested, the changes to the water quality could be tracked. He indicated the oil and gas wells do provide a minor impact to the water quality; however, the biggest concern is the 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 15 traffic on County Road 49, and the applicant should only be required to provide a proportional share for the cost of the improvements. Diane Mildenberger, surrounding property owner, confirmed many of the neighbors are very passionate about their concerns, and she expressed her appreciation to the Board for their time in reviewing the matter. She indicated Mr. Lee will not be personally affected by the impacts caused by the proposed facility because he is not a resident of the area. She expressed her concerns regarding the children boarding and exiting the school buses, especially since it is difficult for vehicles to come to a complete stop on County Road 49. She confirmed she has lived within the area for over 20 years, and there is simply too much traffic utilizing the road on a daily basis. She indicated she has witnessed the change in traffic patterns, and she truly believes many of the trucks utilizing the road are overweight, since many of the water haulers get paid by the load. She clarified the trucks are very heavy when they are traveling fully loaded, and many of the drivers of passenger vehicles do not understand how much distance is required for a heavy truck to come to a complete stop. She recommended additional lanes for County Road 49 and indicated it is expensive to live in the area; however, it was her choice to live a quiet way of life. She stated the operator of Horton Feedlots did not live up to the promises made during the hearing for its USR permit, therefore, any promises made by future business operators fall on deaf ears. She reiterated the safety concerns are a huge issue, and the Board needs to ensure the applicant will follow through on the requirements which are presented today. Dale Butcher, Conquest Oil, indicated his company is a competitor of the applicant, and he confirmed his facility was required to complete entrance improvements, as well as acceleration and deceleration lanes. He further confirmed the High Plains facility was also required to provide extensive improvements. He clarified when he was looking to select a site for this type of facility, he searched extensively, and was able to select several suitable sites; however, the applicant has selected this proposed site without consideration of the traffic and safety of the adjacent roads, and the impact to the residents of the neighborhood. He confirmed these issues are of major concern, and should not be considered lightly. Linda Nelson, surrounding property owner, concurred with the concerns previously expressed. She confirmed she researched some of the other similar facilities, and she found that a vast majority of the other facilities are located within an area which is not concentrated with a high volume of traffic. She commented that this location is not the best suited for the proposed traffic associated with the facility. There being no further comments, the Chair closed the public input portion of the hearing. Mr. Hull clarified the applicant intends to abide by the weight limits for the trucks, and no more than 60 truck trips will be allowed on a daily basis. He clarified the applicant originally agreed to the requirement that jake brakes not be utilized; however, he does not believe that limitation is a good idea if it causes a safety concern for the neighbors. He further clarified Mr. Lee is planning to install trees and berm the site; however, the berms cannot be constructed to be taller than the tanks on the site. He indicated the applicant will research lighting options, with appropriate shields, and he will entertain the idea of providing semi -mature trees for the neighbors, as long as he is not obligated to care for the trees, or to pay the replacement costs of the trees if they die. He confirmed, if the facility desired to add additional tanks on the site, an amendment to 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 16 the permit would be required, and another hearing would be held, in which neighbors could express their concerns. Mr. Hull indicated new oil and gas wells are being drilled all over Weld County because the older wells eventually go off-line, and they must be replaced, therefore, the newly drilled oil and gas wells do not necessarily represent an increase in production. He confirmed the concerns regarding groundwater contamination are unfounded, since the groundwater will be monitored to ensure compliance with State requirements. He further confirmed there are three levels of protection provided to ensure that no breeches occur, and the Monitoring Plan will ensure that no contamination occurs. He explained the tanks on the site will be located within a containment area, therefore, all water will be contained on the site in the event of a leak. Mr. Hull confirmed he has made a personal effort to utilize County Road 49 on a regular basis, and the improvements completed at the intersection with County Road 30 have created a dramatic impact on the traffic. He confirmed the facility located near that intersection has an average of 224 trucks traveling to the site on a daily basis, and the applicant's proposal of 60 trucks per day, at full buildout, is a considerably less impact. He reiterated the traffic to the proposed site will remain limited at a total of 60 trucks, as listed within the permit, and the applicant will never be allowed to inject more fluids than what is to be replaced within the same formation the liquids were taken from. He clarified Mr. Lee is agreeing to install turn lanes on County Road 49 and to complete the necessary improvements to increase the turning radii to 60 feet for the entrance to the site. Responding to Commissioner Kirkmeyer, Mr. Lee indicated the Post -Closure Plan must be provided to the COGCC as a part of the application process, and he confirmed the Plan is already in place, and he has provided to appropriate amount of collateral, for the closure and plugging of the site. He clarified he was unable to find a local bank who handled bonds for this type of requirement, therefore, he provided a cash deposit instead. Further responding to Commissioner Kirkmeyer, Mr. Hull confirmed a copy of the drilling log will be provided once the hole is drilled, and drilling the well does not require a building permit from the Department of Building Inspection. Chair Garcia indicated the Board is ready to discuss potential amendments to the Resolution, beginning with the modifications requested within the memo provided by Mr. Gathman. In response to Commissioner Kirkmeyer, Mr. Gathman reiterated his request for the modification of the placement of the Conditions of Approval is due to the need for the Department of Public Health and Environment to review the aspects of the various plans during the design phases. He clarified if it were determined that changes to the plan were necessary, the changes would need to be implemented before a building permit could issued for the site, otherwise, the applicant could be required to revise the building permit as well. Further responding to Commissioner Kirkmeyer, Mr. Gathman confirmed if the applicant were to record the plat before any necessary changes were addressed, the applicant would be required to re-record the plat with the appropriate corrections. Commissioner Rademacher indicated Mr. Gathman's request seems to be valid, and he would like to keep the applicant from having to complete double work if modifications are necessary. Following a brief discussion, the Board concurred with the deletion of Condition of Approval #6.G, to be re-inserted as Condition of Approval #1.M, with the additional text in bold, as proposed by Mr. Gathman. Commissioner Kirkmeyer indicated there will be no drilling log for the applicant to submit before the plat is recorded, therefore, it does not make sense to delete Condition of Approval #6.H, to be re-inserted as Condition of Approval #1.N. Mr. Gathman concurred and indicated the Condition may remain in its current location since it will not affect 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 17 the recording of the plat. Following further discussion, the Board concurred with the deletion of Condition of Approval #6.J, to be re-inserted as Condition of Approval #1.O. Commissioner Kirkmeyer clarified the Condition will actually become Condition of Approval #1.N, since the Board did not re-insert Condition of Approval #6.H as Condition of Approval #1.N, and the Board concurred. The Board further concurred with the deletion of Condition of Approval #6.K, to be re-inserted as Condition of Approval #1.O. Mr. Gathman clarified the reclamation of the site will depend on what was located on the property, and if the design of the facility is modified, it will be easy for staff to review the modifications up front, so that the Closure Plan is kept consistent. Responding to Commissioner Rademacher, Commissioner Kirkmeyer confirmed the applicant has already provided the cash collateral for the Closure Plan. Further responding, Mr. Swain clarified the COGCC now requires a complete Closure Plan for all surface and sub -surface improvements at these types of facilities, and previously, an applicant was not required to provide financial assurance for surface improvements. In response to Commissioners Rademacher and Conway, Mr. Swain confirmed the rule is already in effect; however, he is not sure of the exact effective date. Responding to Commissioner Kirkmeyer, Mr. Swain explained many past facilities were being completely constructed before the issue of a Closure Plan was addressed, and the Board concurred it is appropriate to re-insert the language as a Condition Prior to Recording the Plat. Following discussion among the Board, Commissioner Kirkmeyer concurred with the suggestion of adding the word "Triggered" to the beginning of Condition of Approval #1.G.1.a, as requested by the Department of Public Works. Commissioner Rademacher indicated he does not believe the applicant should be required to provide any paving improvements since over two-thirds of the traffic on the road originates from the feedlot. Commissioner Kirkmeyer clarified she only concurs that the applicant provide a proportionate share of the paving costs, and the Board concurred with the addition of the word "Triggered" to the beginning of Condition of Approval #1.G.1.a. The Board further concurred with the deletion of Condition of Approval #1.G.1.b, as requested by the Department of Public Works. In response to Commissioner Kirkmeyer, Ms. Carter clarified the Department is recommending deletion of Condition of Approval #1.G.1.c, since the amended traffic count originating from the facility does not trigger the requirement. She further clarified the Department followed the applicant's assumption that two-thirds of the trucks would come from the east, therefore, only one vehicle per peak hour is expected from the described direction. Responding to Commissioner Conway, Ms. Carter indicated it is the prerogative of the Board to keep the requirement if it is deemed necessary for the safety of the traveling public; however, the results of the amended traffic study did not indicate the turn lane is warranted. Commissioner Kirkmeyer confirmed County Road 49 has presented a large safety concern for the past 16 years, since there is a large amount of truck traffic and the speed of the traffic is excessive. She indicated dropping the speed limit will not keep drivers from speeding, County taxpayers have paid for the most recent shoulder improvements, and she believes the applicant should help to improve the safety of the road as much as possible. Commissioner Rademacher indicated he does not believe the applicant will be adding a significant amount of truck traffic on County Road 49, and it is not fair to place a large burden on a small facility, since the feedlot has a much larger impact on the road. He indicated he would like the decision of the Board to be fair, while doing whatever possible to improve the safety concerns within the area. Chair Garcia questioned if there were any checkpoints for staff if the USR permit were approved, and 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 18 if the applicant moved forward with operation and it was determined that an excessive amount of trucks were completing a left -turn. In response, Ms. Carter indicated there is currently no language within the Resolution which would allow staff to monitor the turning directions of the trucks; however, the USR permit would be found to be in violation if more than 60 truck trips total were occurring on a daily basis. She confirmed specific language would need to be included within the Long -Term Road Maintenance Agreement. Commissioner Kikrmeyer reiterated her desire for the applicant to provide a proportional share of the cost of the improvements to County Road 49. In response to Commissioner Rademacher, Ms. Carter indicated there are no plans within the next five or ten years to upgrade County Road 49 to a four -lane road. She confirmed the Department has started the process to provide more long-range planning; however, there are no current plans for the widening of County Road 49. Commissioner Rademacher expressed his concurrence with requiring the applicant to provide a proportional share of the cost of necessary improvements; however, he does not understand how the proportional share will be calculated. Ms. Carter confirmed staff could determine a percentage/figure by studying the current volume of traffic compared to the trucks which will be utilizing the intersection to gain access to the facility. Commissioner Conway indicated the applicant expressed concern regarding the unknown of future improvements, and he would like staff to be able to determine a specific cost for the applicant. Ms. Carter indicated the cost will be calculated by staff, and the best way to handle the situation would be to have the Department of Public Works complete the necessary improvements, and then the applicant would be required to provide a determined reimbursement amount. Responding to Commissioner Rademacher, Mr. Carroll confirmed the Horton Feedlot was only required to provide upgrades to County Road 34; not County Road 49, since the traffic levels were not at the level that they are today. Commissioner Kirkmeyer suggested the deletion of Condition of Approval #1.G.1.c, as requested by staff; however, language needs to be added requiring the applicant to pay a proportional share of the deceleration lane. Mr. Barker clarified Condition of Approval #1.G.1 is requesting the construction drawings for the required improvements, and in response, Ms. Carter clarified the construction drawings will need to include the acceleration and deceleration lanes, which is general practice. She confirmed the best idea would be to delete the text under Condition of Approval #1.G.1.c, and reinsert new language, which addresses the proportional share for a southbound deceleration lane. Commissioner Rademacher clarified the applicant should only be required to provide a proportional share on all of the required improvements, since they are too small of a facility to absorb all of the necessary costs. Following discussion among the Board, Commissioner Kirkmeyer suggested the deletion of Condition of Approval #1.G.2, as requested by staff, with replacement language to state, "Within the Improvements Agreement, the Department of Public Works will consider a proportional share cost of the southbound left -turn deceleration lane on County Road 49, onto County Road 34." The Board concurred with the deletion of Condition of Approval #1.G.1.c and the deletion of Condition of Approval #1.G.2, with the replacement language as provided by Commissioner Kirkmeyer. Commissioner Kirkmeyer indicated the High Plains facility does not contain a paved parking lot, and in response, Ms. Carter stated the High Plains site contains a paved entrance for a distance of 300 feet into the site. Commissioner Kirkmeyer indicated the applicant should not be required to provide a paved parking lot, therefore, she recommended deletion of the words "and 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 19 parking lot' from Condition of Approval #1.G.1.f. Ms. Carter stated the applicant may have opted to pave the parking lot due to the layout of the facility, because the parking lot may be included within the required 300 feet of pavement. Mr. Carroll clarified if an applicant proposes pavement, the Department normally concurs with the applicant's plans; however, the Board may determine that paving the parking lot is not necessary. In response to Commissioner Conway, Mr. Carroll confirmed this design of the site does contain adequate space for the required revolutions of the truck tires to remove mud and debris before entering County Road 34. In response to Commissioner Rademacher, the Board concurred with the deletion of the words "and parking lot' from Condition of Approval #1.G.1.f. Chair Garcia clarified it is the applicant's prerogative to provide pavement for the parking lot; however, the Board is not requiring that the parking lot be paved. Chair Garcia issued a short recess for the purposes of replacing the Acting Clerk to the Board. (Esther Gesick is now the Acting Clerk to the Board) Upon reconvening, Ms. Carter stated improvements to County Road 49 are not currently within the budget for the Department's five-year plan, therefore, the improvements will be scheduled to be completed once the costs may be accommodated within the budget. The Board indicated concurrence with the requirement for proper scheduling of the turn -lane improvements on County Road 49. In response to Chair Garcia, Mr. Hull stated the applicant would prefer for a specific trigger to be named for Condition of Approval #1.G.1.a, and in response, Commissioner Kirkmeyer clarified the trigger is 300 daily vehicle trips on County Road 34. Ms. Carter concurred and indicated the trigger may also be enacted if the road is found to have significant structural damage during annual inspections, at which time the applicant will be required to provide a proportional share of the paving costs. Mr. Hull clarified the applicant is still facing a moving target, because it is not known when the work will be necessary. In response to Commissioner Kirkmeyer, Mr. Hull expressed concern that the Department of Public Works may mandate that the improvements be completed at any point in time, depending upon the condition of the road. Commissioner Kirkmeyer reiterated the trigger is set that paving improvements will be required when the average daily traffic count exceeds 300 vehicles, and Mr. Hull concurred. Commissioner Kirkmeyer clarified the specifics for the maintenance of the road are usually determined within the Maintenance Agreement, and she recommends that the specifics of the agreement not be referenced within the Resolution. Mr. Hull clarified the current maintenance costs are approximately $10,000.00 per year, and in response, Ms. Carter confirmed specific language is usually included within the Long -Term Road Maintenance Agreement, and not within the Resolution. Jackie Johnson, Attorney, represented the applicant and stated the figure was agreed upon by the applicant during discussions with the Department of Public Works, and the applicant would like to be provided with certainty that the amount will not be exceeded, therefore, she recommends the language be included within the Resolution. She confirmed she is willing for the language to be included within the Maintenance Agreement, if that is the desire of the Board; however, the applicant would like the record to be clear that the amount of $10,000.00 would not be modified. In response to Mr. Hull, Ms. Carter confirmed the Horton Feedlot is not 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 20 currently providing funds for the maintenance of County Road 34. She clarified the feedlot previously provided funds for the re -base of the roadway, and the road is actively maintained by Weld County. She further clarified the figure of $10,000.00 is currently the cost Weld County incurs to maintain the roadway, and it is possible that the maintenance costs may fluctuate based upon the costs of magnesium chloride. She confirmed the applicant will only be required to provide the actual cost of the maintenance provided on the road, on an annual basis, as a reimbursement to the County. Responding to Commissioner Rademacher, Ms. Carter confirmed the maintenance of County Road 34 is a one -mile stretch between County Roads 51 and 53, and the cost of $10,000.00 provides one full -depth treatment, and one topical treatment of magnesium chloride. Chair Garcia indicated he prefers not to reference an amount of $10,000.00, since the cost of materials may vary. Mr. Barker indicated the maintenance costs may be negotiated within the Maintenance Agreement. Commissioner Rademacher indicated the applicant should not be required to provide the full maintenance costs, rather, the applicant should only be required to provide a proportional share of the costs. Commissioner Kirkmeyer provided direction to staff that the applicant will be responsible for a proportional share of the actual maintenance costs for County Road 34, between County Roads 51 and 53, and the Board concurred. In response to Mr. Hull, Commissioner Kirkmeyer clarified the applicant is required to pave the internal roadway and widen the site access with a 60 -foot radii, as required within Condition of Approval #1.G.1.f. Mr. Hull clarified Mr. Lee intends to pave the entire internal road; however, that is his choice, and it should not be made a requirement within the Resolution, since the requirement provided by staff is a minimum of 300 feet of pavement. Commissioner Rademacher concurred with the requirement of 300 feet of pavement, and Commissioner Kirkmeyer concurred the requirements should be consistent with other similar facilities. In response to Chair Garcia, the Board concurred with no further modification of Condition of Approval #1.G.1.f. Mr. Hull indicated Mr. Lee previously agreed to the requirement of providing acceleration and deceleration lanes on County Road 49; however, he believes a pro -rated share of the cost of the improvements is more appropriate. Commissioner Kirkmeyer clarified the lanes are required because trucks traveling to the facility will be turning from County Road 49, and it is not fair to the taxpayers within the County to bear the costs of the required improvements. She clarified it does seem unfair that past USR permits were not required to provide additional improvements; however, the need for the acceleration and deceleration lanes are prompted by the proposed use of this facility. Upon discussion among the Board, the Board concurred that the Conditions of Approval should remain in the Resolution in their current locations, and not be modified, as previously requested by the applicant. At the request of Mr. Hull, the Board agreed to extend the requirement for submittal of the plat within Condition of Approval #4 from 60 days to 180 days. In response to Commissioner Kirkmeyer, Mr. Barker confirmed it is acceptable to modify Development Standard #16 to read, "Any petroleum -contaminated soils on the facility shall be removed, treated, or disposed of in accordance with county, state, and federal rules and regulations.", and the Board concurred with the modification. In response to Commissioner Rademacher, Mr. Hull confirmed there is no septic system in place at this time, and he indicated 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 21 the applicant is interested in increasing the allowed number of employees at the site by allowing the size of the septic system to dictate the number allowed. He clarified the septic permit will be required to account for the number of truck drivers accessing the site as well as the employees on the site. In response to Commissioner Rademacher, Mr. Swain indicated he does not have concerns with allowing additional employees. Mr. Barker recommended that the Board specify a number of employees, since the septic system is installed to accommodate the number of employees on the site. Mr. Hull indicated ten employees will be adequate, and the Board concurred with the modification of Development Standard #22 to indicate ten (10) employees. In response to Commissioner Kirkmeyer, Mr. Gathman stated the screening for the site may include an earthen berm; however, it is not a specific requirement within the Resolution. Commissioner Rademacher indicated the applicant may be able to provide adequate screening through fencing, and he does not feel it is appropriate for the applicant to be required to install or maintain trees on other private properties. Mr. Lee indicated the construction of a fence makes more sense; however, he understands the concerns of the surrounding property owners, which is why planting mature trees was mentioned during the Planning Commission hearing. Mr. Hull clarified the Weld County Code indicates screening may be accomplished through various components, including fencing, landscaping, or berming, and the applicant would like the flexibility to decide what type of screening will be best for the site. Chair Garcia indicated he prefers for the applicant to be required to provide opaque screening, due to the concerns presented by the surrounding property owners, and the Board concurred with the direction to staff to require opaque screening. In response to Mr. Hull, Commissioner Kirkmeyer clarified the new language within Condition of Approval #1.G.2 addresses that specifics regarding the road improvements will be addressed with the Improvements Agreement. Commissioner Rademacher indicated the facility is located within an agricultural area, and the use of jake brakes on the trucks is necessary, therefore, he recommended the deletion of Condition of Approval #8.A, and in response, Commissioner Kirkmeyer clarified the language indicates the use of jake brakes is only restricted at the entrance of the site. Mr. Lee clarified most of the trucks do have mufflers, and he concurs with indicating that truck drivers must utilize muffled jake brakes. Mr. Gathman recommended that the language indicate "...that the use of unmuffled fake brakes upon entering or exiting the facility is prohibited', and the Board concurred with the modification. In response to Chair Garcia, Mr. Lee indicated he has reviewed, and concurs with, the Conditions of Approval and Development Standards, as modified. Commissioner Kirkmeyer confirmed the Conditions of Approval and Development Standards address the concerns presented, regarding water quality, safety on County Road 49, screening and lighting plans, and the concerns regarding the cost of the improvements by the applicant, since a pro -rated share will now be required. Commissioner Rademacher agreed and indicated the Board has provided a large amount of mitigation, and more mitigation has been made for this facility than previous facilities approved by the Board. He indicated it is standard that the lights on the site must be directed towards the ground, and the noise and water quality concerns have been adequately addressed. He further indicated the traffic safety concerns on County Road 49 have been mitigated as much as 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 22 possible, and he confirmed the School District is working to relocate the bus stops from County Road 49. He stated the Board is requiring all of the appropriate mitigation measures from the applicant. Chair Garcia stated this is the most regulated USR permit he has witnessed in the past several years, and he does not like to overly regulate USR permits. He confirmed there were numerous concerns presented, and he concurred with many of the regulations placed upon the applicant only because the neighborhood presented their concerns. He indicated he would have preferred for the applicant to hold a neighborhood meeting with all of the affected property owners, which he understands would have been contentious; however, it would have led to a better project and better relations between the applicant and the surrounding property owners. He confirmed he is impressed with the efforts the applicant will take to make the tanks appear less visible, and it is his hope that the applicant will continue to take the steps necessary to become, and remain, a good neighbor. He clarified he has denied the request for USR permits in the past when an applicant has not provided due diligence with the members of the neighborhood, and he is still not sure how he will vote on this matter, since a lot of the mitigation work had to be completed by the Board. Commissioner Conway expressed his appreciation to the applicant for his willingness to try to deal with the concerns presented during today's hearing; however, the concerns presented by the surrounding property owners are still weighing heavily on his mind. He confirmed he has listened to all of the testimony presented today, and he still does not feel comfortable with voting in favor of approval. He indicated a need for the facility has not been demonstrated, as there are similar facilities within seven to ten miles of this proposed site. He confirmed he will request a roll -call vote once a motion is made. He indicated despite the efforts of the applicant and the work of staff and the Board during this hearing, there are still too many unresolved concerns in regards to the location of the facility. Commissioner Rademacher moved to approve the request of Lone Star, LLC, for a Site Specific Development Plan and Use by Special Review Permit #1708 for an Oil and Gas Support Facility (Class II - oilfield waste disposal facility) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as entered into the record and modified. His motion included the modification of Condition of Approval #1.G.1.a to state, "Triggered paving of County Road (CR) 34 between CR 51 and CR 53."; the deletion of Conditions of Approval #1.G.1.b and #1.G.1.c, with the required re -lettering; the modification of Condition of Approval #1.G.1.f to read, "Paving the internal roadway and widening of the site access to 60 -foot radii."; the deletion of Condition of Approval #1.G.2, with replacement language to read, "Within the Improvements Agreement, the Department of Public Works will consider a proportional share cost of the southbound left -turn deceleration lane on County Road 49, onto County Road 34."; the modification of Condition of Approval #4 to indicate one hundred eighty (180) days in the place of sixty (60) days; the deletion of Condition of Approval #6.G, with the language to be re-inserted as Condition of Approval #1.M to state, "A detailed design of the `concrete unloading pad' shall be submitted to the Weld County Department of Public Health and Environment, for review and approval. The design shall demonstrate how all spilled wastes, stormwater, and wash down water will be contained within the receiving area and concrete sump. The design shall also include the method in which seams will be sealed to prevent leakage through the pad. 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 23 A leak detection system shall be designed and installed beneath the 'concrete unloading pad'. The 'concrete unloading pad' shall be constructed and operated in accordance with the approved design. Written evidence of Department of Public Health and Environment approval of the 'concrete unloading pad' and 'leak detection system' designs shall be provided to the Department of Planning Services."; the deletion of Condition of Approval #6.J, with the language to be re-inserted as Condition of Approval #1.N to read, "Solids and sediment will accumulate in the storage tanks. The facility shall submit a detailed plan which describes the method those solids will be removed, including all on -site handling procedures and disposal. Any amendments to the approved plan shall be submitted, in writing, to the Weld County Department of Public Health and Environment, for review and approval. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services."; the deletion of Condition of Approval #6.K, with the language to be re-inserted as Condition of Approval #1.O to read, "A detailed Closure Plan shall be submitted to the Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission. The Closure Plan shall include a description of the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. No structures or equipment associated with the facility shall remain on the property following closure. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services."; the modification of Condition of Approval #8.A to read, "The applicant shall notify drivers of large trucks, through the placement of a sign on the facility property, that the use of un-muffled fake brakes upon entering or exiting the facility is prohibited."; the modification of Development Standard #16 to state, "Any petroleum -contaminated soils on the facility shall be removed, treated, or disposed of in accordance with all applicable county, state, and federal rules and regulations."; and the modification of Development Standard #22 to state, "The maximum number of employees employed at the site shall be ten (10)." The motion was seconded by Commissioner Kirkmeyer, and she indicated she personally lives down the road from a Class II disposal facility and she has done a large amount of research regarding the difference between Class I, Class II, and Class III facilities. She clarified the fluids which will be disposed of at the proposed facility are brine water and a small amount of oil, which are the same ingredients which are pumped out of the formation. She indicated there are no additional dangers presented by a Class II disposal well than what is presented by an oil and gas well itself. She confirmed both types of wells are drilled in the same manner and contain the same types of casings and engineering. She confirmed she utilizes well water at her residence, and she has never had an issue with water contamination within the past fifteen years. Commissioner Kirkmeyer clarified the first hearing held in Weld County for a disposal facility was for Conquest Oil, which lasted approximately nine hours, and she confirmed that company had similar requirements within the Resolution. She indicated she understands the concerns presented by the surrounding property owners; however, this site is not within a floodplain, therefore, there are not advanced concerns regarding the movement of groundwater. She disagreed with Commissioner Conway and indicated this location is appropriate for this type of facility, especially since the area contains a large amount of oil and gas wells. She clarified many of the previously approved USR permits in the area did not contain the proper mitigation measures for County Road 49 because the volume of traffic was not as pronounced in the past, like it is today. Commissioner Rademacher concurred with Commissioner 2009-2949 PL2031 HEARING CERTIFICATION - LONE STAR, LLC (USR #1708) PAGE 24 Kirkmeyer and indicated it is a high possibility that additional oil and gas wells will be drilled within the immediate vicinity. Chair Garcia expressed his appreciation to Commissioners Kirkmeyer and Rademacher for their comments, and although he believes this may not be the best site for this type of facility, any other proposed use on the site would require a large amount of mitigation measures as well. He confirmed this proposed use has been highly regulated and the concerns have been mitigated to the furthest extent possible. Commissioner Rademacher indicated he believes the use of this facility will help to create safer conditions on County Road 49. Upon the request for a roll call vote, the motion carried three to one, with Commissioner Conway opposed. There being no further discussion, the hearing was completed at 4:00 p.m. This Certification was approved on the 2nd day of November, 2009. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:�11 Weld County Clerk to the t3 BY: Dep 't, Clerk . the Board illiam F. Garcia, emacher,Pfo-Tem CT P. Conway n Se ,cJA�a-� ��//hL� r 2 Barbara Kirkmeyer FXCt1SFf) David E. Long 2009-2949 PL2031 EXHIBIT INVENTORY CONTROL SHEET Case USR #1708 - LONE STAR, LLC Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes dated 10/06/2009) D. Planning Staff Certification and Photo of sign posting E. Applicant Copy of PowerPoint Presentation F. Planning Staff Memo re: Proposed Amendments to Resolution G. Public Works Staff Memo of Updated Comments, dated 10/28/2009 Planning Staff Certificate and Photo of sign posting I. Applicant Copy of Pre -Application Checklist, dated 11/13/2008 J. Applicant Memo re: Pre -Application Meeting, dated 11/13/2008 K. Applicant Memo from Public Works, dated 06/30/2009 L. Applicant Memo from Public Works, dated 08/13/2009 M. Applicant Letter re: Public Improvements, dated 09/18/2009 Letter re: Traffic Impact Analysis Addendum, dated N. Applicant 09/29/2009 O. Applicant Traffic counts for week of 07/13/2009 P. Applicant Proposed Amendment to Condition of Approval #1.G Q. R. S. T. U. V. W. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF OCTOBER, 2009: C C 0 y Ct 0 Vl C 0 y Ul C C C r L d C as O H 0 vU C N J O I— re .C d C Y0 to a- N 01 O O O o # N # 000 O1 O O PLEASE legibly write or print your name and complete address. co 123 Nowhere Street, City, State, Zip `I \, V �� N v j , -' 1 J U \ Cc� \ \ - v� L\; Cti. (2 X71 -27 Ai/ ? J(1 3 itoc--2 t ,, V - cry\� ��j `� cv1 l-. ^ Y \I\ \\...:� \\ V �. (10; Ir � \c1'. o 0� vl S Q s c,� / , M NAME John Doe `C - �3-(, ,_,_ <-: '7 j i r -7-.l °L<77; O �: 'Ll a VINO`n1 [ ..1 -NN _ kI, iC-----/ Cc: Hello