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Home My WebLink About20203335.tiffHEARING CERTIFICATION DOCKET NO. 2020-69 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0020, FOR OPEN MINING AND PROCESSING OF MINERALS (SAND MINING AND PROCESSING PLANT) IN THE A (AGRICULTURAL) ZONE DISTRICT - GUTTERSEN RANCHES, LLC / COLORADO SAND COMPANY, LLC A public hearing was conducted on November 18, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro-Tem - EXCUSED Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Karin McDougal Planning Services Department representative, Michael Hall Public Works Department representative, Melissa King Health Department representative, Lauren Light The following business was transacted: e I hereby certify that pursuant to a notice dated September 25, 2020, and duly published September 30, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Guttersen Ranches, LLC/Colorado Sand Company, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0020, for Open Mining and Processing of Minerals (sand mining and processing plant) in the A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record. E Chair Freeman reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Commissioner Moreno being excused. E Michael Hall, Department of Planning Services, presented a brief summary of the proposal, noting it will be known as the Keenesburg No. 2 mine and stated Colorado Sand Company, LLC, (CSC) is permitted to operate under Colorado Division of Reclamation, Mining and Safety permit number M-2019-058. He indicated the subject parcels are currently vacant range land containing ongoing oil and gas production facilities and energy infrastructure, mentioned the mine pits will be designed to avoid and protect the existing on -site structures, and Structure Agreements are in place with entities whose property interfaces with the mine. He provided the general location of the proposed mine, stated an executed Access and Road Maintenance Agreement has been obtained for the CSC operation, summarized the lease between CSC and Guttersen Exchange, LLC, stated the Ennis Draw runs through the site and confirmed no mining will occur within 300 feet of this feature. He relayed the proposed mine is expected to reduce costs to oil and gas operators, as all frac sand used in Colorado is currently brought in from out of state. He referenced CC!PLCMH/TP)i Ph) (MLID#), Of( -) (24 102020 2020-3335 PL2770 HEARING CERTIFICATION - GUTTERSEN RANCHES, LLC / COLORADO SAND COMPANY, LLC (USR20-0020) PAGE 2 the Keenesburg No. 1 mine, stating it is a temporary/pilot program for a sand mine and processing operation on a nearby parcel, which was constructed to evaluate the quality of the material and the feasibility of developing a larger, commercially viable operation. He stated construction of the proposed facility is expected to take eight (8) months with 100 personnel onsite during that time, the proposed life of the mine is 20 years, approximately 1,712 acres will be mined, and the site is expected to generate 4 million tons of product per year. Mr. Hall detailed the infrastructure and operations of the facility, as well as the design of the site, hours of operation, number of employees and shifts, on -site parking, and associated traffic. He stated on -site diesel fuel storage is proposed, described the water needed for the site and how it will be obtained, and the restroom locations. He indicated workers in the mine areas will utilize portable toilets and bottled water, the signs exceed the Weld County sign code, and there is no additional landscaping/screening proposed. He relayed the Department of Planning Services sent notice to six (6) surrounding property owners (SPOs) and received no responses, noting there are Structure Agreements in place with four (4) SPOs. He mentioned no community meetings had been held, but CSC will schedule meetings with SPOs, as needed, and noted 26 referrals were sent out and 14 referral agencies responded. He stated the site is located within the Coordinated Planning Agreement and the three (3) mile referral area of the Town of Keenesburg, which identified the area for industrial uses, and indicated they do not want to annex the site but would like a Road Maintenance Agreement in place, for the use of their roadways. Mr. Hall described surrounding uses and zoning, stated the closest residence is 3,800 feet from the perimeter, entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. E Melissa King, Department of Public Works (PW), explained the proposed access is the use of a privately maintained road, which accesses onto County Road (CR) 59, provided the daily roundtrips and average speeds for CR 59 and the traffic associated with the site. She indicated a Final Traffic Impact Study and a Drainage Narrative had been submitted, stating the site meets a drainage exception, and PW is requiring tracking control and an Improvements and Road Maintenance Agreement. IR Lauren Light, Department of Public Health and Environment, stated, as mining is considered a temporary use, they can use screened portable toilets, described where the applicant proposes to install septic systems, and indicated water will be provided by two (2) commercial/industrial wells on Guttersen Ranch and piped in. She discussed dust control, waste handling and on -site fuel storage and stated the applicant will need to obtain an Air Pollutant Emissions Notice (APEN) permit from the state. She noted a Noise Report had been submitted, indicating the industrial noise level could be met, and Development Standards #16-33 address Environmental Health items. El David Patterson, Colorado Sand Company, LLC, represented the applicant, introduced his team and shared a PowerPoint presentation (Exhibit F) covering the company's history, existing frac operations, the plant location relative to nearby historical rig activity, and images of the Keenesburg No. 1 mine. la Scott Jinks with CSC explained the proposed plant layout for Keenesburg No. 2. 2020-3335 PL2770 HEARING CERTIFICATION - GUTTERSEN RANCHES, LLC / COLORADO SAND COMPANY, LLC (USR20-0020) PAGE 3 IR Joe Henderson, Sustainable Traffic Solutions, explained the Traffic Study, detailing traffic at the intersection of CR 18 and Market Street, and providing recent traffic volumes. Mr. Patterson outlined the plant benefits as creation of jobs, reduction to the cost of sand, and the ability for DJ Basin operators to better compete with their peers. El No public testimony was offered concerning this matter. El In response to Commissioner Kirkmeyer, Mr. Hall explained the difference between Condition of Approval (COA) #1.A (demonstrate a Final Water Supply Plan) and COA #1.E (address the requirements of the Colorado Division of Water Resources), and after he confirmed there are contractual agreements in place between the property owner and Kerr-McGee/DCP Midstream, Commissioner Kirkmeyer suggested deleting COA #1.B (address the requirements of Kerr-McGee Gathering) and COA #1.C (address the requirements of DCP Midstream). She also suggested deleting COA #1.D (address the requirements of Colorado Parks and Wildlife), COA #1.F (address the requirements of the Weld County Oil and Gas Energy Department), and COA #1.G (address the requirements of the Colorado Department of Public Health and Environment), and responding to Commissioner Kirkmeyer, the applicant confirmed their lighting will be shielded and downcast. With regard to COA #1.J (Improvements and Road Maintenance Agreement), Karin McDougal, Assistant County Attorney, explained the County Attorney's Office had concerns about the Town of Keenesburg's request for a Road Maintenance Agreement, therefore, Commissioner Kirkmeyer suggested adding language regarding coordination with the Town of Keenesburg, which Ms. McDougal then provided. There was discussion regarding DS #7 (hours of operation), the Board agreed with the language, as written, and Mr. Hall provided the additional language of "in adherence to the Dark Sky Policy", to be added to DS #13 (sources of light shall be shielded). The Board agreed to all of the aforementioned changes. e In response to Chair Freeman, Mr. Patterson indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. El No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. E Commissioner Kirkmeyer moved to approve the request of Guttersen Ranches, LLC / Colorado Sand Company, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0020, for Open Mining and Processing of Minerals (sand mining and processing) 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 amended. The motion was seconded by Commissioner Ross, and it carried unanimously. There being no further discussion, the hearing was completed at 10:51 a.m. 2020-3335 PL2770 HEARING CERTIFICATION - GUTTERSEN RANCHES, LLC / COLORADO SAND COMPANY, LLC (USR20-0020) PAGE 4 This Certification was approved on the 23rd day of November, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d.,,,,,(0)G JC.L[o;,i Weld County Clerk to the Board BY: eputy Clerk to the Board Mike Freeman, Chair EXCUSED Steve Moreno, Pro-Tem Scott K. James Kevin D. 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