HomeMy WebLinkAbout20190042.tiff1
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, STATE OF COLORADO
1150 O Street, Greeley, Colorado 80631
TRANSCRIPT OF PUBLIC MEETING
IN RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, USR17-0046, FOR AN OIL AND GAS SUPPORT AND
SERVICE FACILITY (STORAGE AND STOCKPILE AREA FOR SOIL
AND HAY BALES FOR OFF -SITE WELL LOCATIONS AND
ASSOCIATED OIL AND GAS PRODUCTION FACILITIES) IN THE
A (AGRICULTURAL) ZONE DISTRICT-ANADARKO E & P COMPANY,
LP, C/O KERR-MCGEE OIL AND GAS ONSHORE, LP
(10:37 A.M. TO 12:29 P.M.)
The above -entitled matter came for public meeting before the Weld County
Board of County Commissioners on Wednesday, February 21, 2018, at 1150 O
Street, Greeley, Colorado, before Tisa Juanicorena, Deputy Clerk to the Board.
I HEREBY CERTIFY that upon listening to the audio record, the attached
transcript, as prepared by Rebecca J. Collings, DausteriMurphy,
www.daustermurphy.com, 303.522.1604, is a complete and accurate account of
the above -mentioned public hearing.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Esther E. Gesick
Clerk to the Board
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2019-0042
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1 APPEARANCES:
2 ON BEHALF OF THE BOARD OF COMMISSIONERS:
3 COMMISSIONER STEVE MORENO, CHAIR
4 COMMISSIONER BARBARA KIRKMEYER, PRO-TEM
5 COMMISSIONER SEAN P. CONWAY
6 COMMISSIONER JULIE A. COZAD
7 COMMISSIONER MIKE FREEMAN
8 ALSO PRESENT:
9 ACTING CLERK TO THE BOARD, TISA JUANICORENA
10 CLERK TO THE BOARD, ESTHER GESICK
11 ASSISTANT COUNTY ATTORNEY, BOB CHOATE
12 PLANNING SERVICES DEPARTMENT, CHRIS GATHMAN
13 PUBLIC WORKS DEPARTMENT, EVAN PINKHAM
14 PUBLIC WORKS DEPARTMENT, HAYLEY BALZANO
15 HEALTH DEPARTMENT, LAUREN LIGHT
16 APPLICANT REPRESENTATIVE:
17 NATHAN KAISER
3
February 21, 2018
1 (Beginning of audio recording.)
2 CHAIR MORENO: It is now 10:37. We
3 are going to call up our land use case. We -- let the
4 record reflect that all five county commissioners are
5 present. I'm going to call up Docket 2018-12.
6 Mr. Choate.
7 MR. CHOATE: For Docket 2018-12, this is
8 case USR17-0046. The applicant is Anadarko E&P Company,
9 LP, in care of Kerr-McGee Oil and Gas Onshore, LP. The
10 request is a Site Specific Development Plan and Use by
11 Special Review Permit for an Oil and Gas Support and
12 Service Facility, storage and stockpile area for soil,
13 hay bales, and construction equipment for off -site well
14 locations and associated oil and gas production
15 facilities, in the Agricultural Zone District.
16 This is the southwest quarter of
17 Section 23, Township 2 North, Range 66 West of the Sixth
18 Prime Meridian in Weld County, located north of and
19 adjacent to County Road 18 and east of and adjacent to
20 County Road 21. The notice of today's hearing was
21 published on January 24, 2018, in the Greeley Tribune.
22 CHAIR MORENO: Chris.
23 MR. GATHMAN: Good morning. Chris
24 Gathman, Department of Planning Services.
25 Kerr-McGee Oil and Gas Onshore is
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February 21, 2018
1 proposing a storage area for soil, hay bales, and other
2 construction materials to be stored until use for
3 off -site oil and gas operations.
4 Its material and equipment will be used
5 for construction of well locations and production
6 facilities. The materials and equipment are transported
7 via trucks to various oil and gas drilling operations in
8 the general vicinity.
9 It indicates that no permanent employees
10 are associated with this operation. The site, however,
11 may be visited by one Kerr-McGee employee on a daily
12 basis. Bottled water and a portable toilet are
13 proposed. Truck traffic, including larger hydrovac and
14 transportation vehicles, is contingent on operations in
15 the area, so traffic to this site is somewhat sporadic.
16 The applicant has supplied a traffic study
17 with their application. The application indicates that
18 the storage and stockpile area during peak times will
19 operate from 7:00 a.m. (indecipherable) unless there is
20 an emergency situation.
21 The proposed stockpile area is
22 approximately 6.75 acres and is located adjacent to an
23 existing centralized expiration and production waste
24 management facility, or a mud farm that is allowed as a
25 Use by Right, and is regulated through the Colorado Oil
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February 21, 2018
1 and Gas Commission.
2 This application is in response to a
3 zoning violation under Case Number ZCV17-00128 that
4 was initiated due to stockpiling of soil for off- and
5 on -site improvements without completing the Weld County
6 zoning permits.
7 The facility is located approximately
8 1,500 feet northwest of the nearest residence and
9 approximately 1,800 feet northeast of the next nearest
10 residence. Some additional residences are located
11 further to the east off of County Road 18, and
12 residences to the north are approximately 2,400 feet
13 north of the actual stockpile facility site.
14 The site is adjacent to an existing E&P
15 facility, as we talked about. Also, there is a USR,
16 under USR13-0051, for a 75 -space RV park and outdoor
17 storage facility for vehicles, boats, trailers, cars,
18 and other miscellaneous items. This is located to the
19 southwest of the facility. Additionally, there is a
20 compressor station facility for up to eight compressors,
21 approved under USR14-0015, located to the west of the
22 site.
23 Staff has received multiple photos and
24 •emails and phone calls from adjacent property owners to
25 the south and southeast of the site and another property
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February 21, 2018
1 approximately 1,500 feet to the east. Main concerns
2 outlined in phone calls and emails dealt with the amount
3 of traffic, dust, noise, and road impacts.
4 One of the surrounding property owners
5 does feel that the county road should be paved as a
6 requirement of the USR. Staff has had multiple
7 conversations with Kerr-McGee, and has been told it's
8 been limited hauling the soil stockpile facility since
9 the USR application was submitted in October of 2017.
10 However, there is still ongoing truck traffic associated
11 with the mud farm and associated with oil and gas that
12 is on the property.
13 The site is located within the Town of
14 Firestone/Weld County Cooperative Planning Agreement
15 boundary, as well as the referral areas for the --
16 Fort Lupton, and it's also in the Fort Lupton/Weld
17 County Cooperative Planning Agreement boundary.
18 Staff received an email dated
19 September 18, 2017, indicating that the Town of
20 Firestone has no comments, as it is within -- is
21 two miles from the town limits and does not include any
22 town roadways.
23 Staff did confirm via phone with the City
24 of Fort Lupton planner that they had had discussions
25 with Kerr-McGee regarding this application prior to
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February 21, 2018
1 setting up the case on October 25, 2017, per the
2 Cooperative Planning Agreement.
3 The representative for Kerr-McGee
4 indicated they were not interested in annexation at this
5 time to this -- to the City of Fort Lupton. The site is
6 also located within the three-mile referral areas of
7 Fort Lupton and Frederick. The City of Fort Lupton, in
8 their referral comments dated November 21, 2017,
9 indicated that they would like to discuss the option of
10 annexation on (indecipherable) the annexation agreement
11 with the applicant.
12 The Town of Frederick, in the referral
13 dated October 26, 2017, indicated no conflicts with
14 their interests. And no referral response has been
15 received from the Town of Firestone in regards to this
16 case.
17 A total of 16 referrals were sent out for
18 this case, and 10 were received and are addressed
19 through conditions of approval and development
20 standards. And the Planning Commission did recommend
21 approval of this USR at their February 6th hearing. I'd
22 be happy to show you some photos and answer any
23 questions.
24 CHAIR MORENO: Any questions before
25 we close? Commissioner Cozad?
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February 21, 2018
1 COMMISSIONER COZAD: Just a clarification
2 question, Chris, on the Planning Commission. In the
3 minutes it says that it was a unanimous decision, but
4 when you look at -- yeah, it looked like
5 (indecipherable) 6-1.
6 MR. GATHMAN: Yeah, there was -- right, it
7 was not unanimous.
8 COMMISSIONER COZAD: So I think this just
9 happened -- maybe we need to make sure that our -- the
10 record from the Planning Commission is correct,
11 because --
12 MR. GATHMAN: Right.
13 COMMISSIONER COZAD: -- that happened on
14 another case recently too.
15 MR. GATHMAN: Okay.
16 CHAIR MORENO: Thanks for catching
17 that, Commissioner. Chris, go ahead. Oh, a
18 clarification?
19 COMMISSIONER CONWAY: Yeah, I just have a
20 clarification question. So this is a violation. Was
21 this property acquired by Anadarko or were they
22 operating this?
23 MR. GATHMAN: Anadarko owns the property.
24 COMMISSIONER CONWAY: Okay. And they've
25 been operating?
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February 21, 2018
1 MR. GATHMAN: Yeah. I believe the
2 complaint came in in the summer of 2017. I can get you
3 some exacts on that.
4 COMMISSIONER CONWAY: And the applicant
5 can answer this: How long was it in violation, from
6 when this -- I know this first came to your attention,
7 but how long have they been operating?
8 MR. GATHMAN: I'd have to -- I could maybe
9 ask the applicant or I could do some checking in the
10 record.
11 COMMISSIONER COZAD: Or the applicant
12 can -- when we get to that point. Thank you. I just --
13 CHAIR MORENO: Go ahead and show us
14 some pictures.
15 MR. GATHMAN: Sure. So again, technically
16 the USR boundary encompasses the entire property.
17 However, the stockpile area is in this location here.
18 You can see the stockpile location. Here's the -- it's
19 a little hard to see here, but here's the RV storage
20 facility here. We do have a neighbor right here who has
21 provided some correspondence through phone calls and
22 some concerns in regards to this case.
23 There is another residence that was just
24 recently built that didn't show up on the other photo.
25 It's the -- the other photo was too old. But that
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February 21, 2018
1 residence is located here. So this is off County
2 Road 18 going east to Fort Lupton. You see the -- the
3 stockpile here. It's in this vicinity here.
4 Another view, and this kind of shows the
5 area further to the north, the residences to the north.
6 Here's their site map. You've got County Road 15 here.
7 This is looking at the site off of County Road
8 (indecipherable) and to the southwest from the entrance
9 into that stockpile facility.
10 Looking to the east, a residence here.
11 The other residence would be back in here. Looking to
12 the east. This is just looking due east. Southeast,
13 northeast, south. This is a little sign that they have
14 on their access. Into the access point. And last,
15 there's an abandoned house on the property. You can
16 kind of see the RV facility in the distance here.
17 CHAIR MORENO: Chris, you're fading
18 when you move away from the mic.
19 MR. GATHMAN: Oh, sorry. Mumbling.
20 This is the east access, so this is off of
21 County Road 21. You can see they have some substation
22 improvements on this site as well. This is this access
23 point. Looking north down County Road 21. You can kind
24 of see in the distance to the west, here's the
25 compressor station facility. South. Quite muddy that
DausterlMurphy 303-522-1604
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February 21, 2018
1 day. Stop sign. Again, this is looking to the
2 southwest, back into the site. Some existing oil and
3 gas improvements on that property.
4 And in conversations with the applicant,
5 they do have several hay bales out there. I'll have
6 them address this, but I believe they -- they have
7 installed additional hay bales to provide some
8 additional screening in response to a community meeting.
9 I'd be happy to answer any questions.
10 CHAIR MORENO: Any clarifying
11 questions for Chris? Anything further? No? All right.
12 We'll move on to Evan.
13 MR. PINKHAM: Evan Pinkham, Department of
14 Public Works.
15 So the typical traffic flow or traffic
16 pattern for this site is that trucks enter on County
17 Road 21 and then they exit onto County Road 18. So
18 there's two main access points associated with the --
19 with the use there.
20 County Road 21 is a gravel road and is
21 designated on the Weld County functional classification
22 map as a local road. And County Road 18 is a gravel
23 road designated on the Weld County functional
24 classification map as a collector road.
25 We have a traffic count on County Road 21
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February 21, 2018
1 of 160 vehicles per day with 26 percent trucks. We had
2 a traffic count taken on County Road 18 back in 2012
3 that counted 153 vehicles per day with 29 percent
4 trucks. However, we did update that traffic count as of
5 February 2nd of this year, and the latest traffic count is
6 309 vehicles per day with 32 percent trucks.
7 So this site, based on the traffic study
8 that was supplied, the traffic study basically covers
9 average daily traffic. So some days are going to be
10 much higher, and some days might not have any traffic at
11 all. The average truck trips per day in the traffic
12 study was 68 trucks per day.
13 COMMISSIONER KIRKMEYER: That's the
14 average?
15 MR. PINKHAM: That's the average.
16 COMMISSIONER KIRKMEYER: So what's the
17 highest?
18 MR. PINKHAM: It doesn't like go over what
19 the highest --
20 COMMISSIONER KIRKMEYER: So they averaged
21 it out?
22 MR. PINKHAM: Yeah, basically it's just an
23 average of typical -- typical traffic. I can
24 double-check the study and make sure of that, but I
25 believe it was just the -- the average there.
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February 21, 2018
1 So with these being truck trips, the
2 potential for much high traffic days, we definitely put
3 a heavy load on County Road 18. So the Department of
4 Public Works would support paving of County Road 18.
5 However, we've not included that on our conditions for
6 this site.
7 The applicant has spoke with our gravel
8 road pavement supervisor -- or excuse me, gravel road
9 maintenance supervisor -- and had talked about some of
10 the mitigation that they can come up with, with mag
11 chloride for the road.
12 So Public Works would definitely support
13 pavement, but if the Board of County Commissioners did
14 not support that, we would go through the improvements
15 agreement and come to agreement with a mag chloride
16 application on County Road 18 and County Road 21.
17 The Department of Public Works is
18 requiring tracking control to the site, and of course we
19 are also requiring an improvements agreement.
20 I'd be happy to answer any questions you
21 have.
22 CHAIR MORENO: Any clarifying
23 questions for Evan? Commissioner Kirkmeyer.
24 COMMISSIONER KIRKMEYER: I'm sorry. I
25 didn't hear the traffic on 21. I was busy sneezing.
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February 21, 2018
1 UNKNOWN MALE: 160.
2 COMMISSIONER COZAD: 160.
3 MR. PINKHAM: Yes, it's with 26 percent
4 trucks.
5 COMMISSIONER KIRKMEYER: Thank you.
6 MR. PINKHAM: That count was taken last
7 year, July 13.
8 CHAIR MORENO: Commissioner Cozad.
9 COMMISSIONER COZAD: Just a quick
10 clarifying question. On the most recent traffic count
11 that you did, you said a month ago, January of 2018?
12 MR. PINKHAM: It was February 2ND.
13 COMMISSIONER COZAD: Oh, so it was just
14 this month.
15 MR. PINKHAM: Yes.
16 COMMISSIONER COZAD: 309 vehicles per day
17 actually include existing traffic --
18 MR. PINKHAM: Yes, so that's going to be
19 all existing traffic.
20 COMMISSIONER COZAD: -- for Anadarko?
21 MR. PINKHAM: I'm not sure exactly what
22 percentage of that would be Anadarko's. We don't know
23 that information. But --
24 COMMISSIONER COZAD: Well, using their
25 average, it's a little less than a third'ish.
DausterlMurphy 303-522-1604
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February 21, 2018
1 UNKNOWN MALE: Ish.
2 CHAIR MORENO: Ish? Okay. Any
3 further clarifying questions? No. Thank you. We'll
4 move on to Hayley.
5 MS. BALZANO: Hayley Balzano, Public
6 Works. This site meets Drainage Exception 1.A.8. The
7 size of the development of the site does not increase
8 the imperviousness of the site.
9 Through the nature of keeping loose soil
10 stockpiles on site, Public Works is asking for an
11 erosion control plan signed by -- signed and stamped by
12 a Colorado licensed professional engineer. This is
13 Condition Approval 1.B -- Condition of Approval 1.B.
14 Engineering items to be shown on the map
15 are under Conditions of Approval #1.F.7, and 8 and
16 Development Standards 21 and 22 are the typical drainage
17 standards.
18 I'll be happy to answer any questions.
19 CHAIR MORENO: Clarifying questions
20 for Hayley? Ben.
21 MR. FRISSELL: Ben Frissell, Environmental
22 Health.
23 There will be no permanent employees.
24 Portable toilets and bottled water are proposed and that
25 is acceptable. Our typical waste and dust standards are
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February 21, 2018
1 included. Development Standards 9 and 10 and
2 Development Standards 7 through 17 address environmental
3 health items.
4 The site is currently approved as a
5 Centralized E&P facility, and it can accept water -based
6 drilling fluids and cuttings for their land application.
7 Since this is not part of the request, I just want to
8 mention that and that they will still have to comply with
9 all the COGCC rules and regulations pertaining to
10 Centralized E&P facilities.
11 And I'm happy to answer any questions.
12 CHAIR MORENO: Any clarifying
13 questions for Ben? Okay. I'll bring the applicant --
14 oh, Chris?
15 MR. GATHMAN: Just one item of note.
16 Commissioner Conway had asked about when the initial --
17 COMMISSIONER CONWAY: Yeah.
18 MR. GATHMAN: I know when the initial
19 complaint was received was, it looks like June 9TH of
20 2017.
21 COMMISSIONER CONWAY: And the applicant
22 can confirm --
23 MR. GATHMAN: Yeah.
24 COMMISSIONER CONWAY: I appreciate that,
25 Chris.
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February 21, 2018
1 MR. GATHMAN: Sure.
2 CHAIR MORENO: I'll bring up the
3 applicant, and please state your name and address for
4 the record.
5 MR. KAISER: Nathan Kaiser, Anadarko
6 Petroleum, 1099 18th Street, Denver, Colorado 80202.
7 CHAIR MORENO: Nathan, it looks
8 like you have a presentation they're getting up for you.
9 MR. KAISER: I do. I have a couple quick
10 slides.
11 CHAIR MORENO: Okay.
12 MR. KAISER: But before I get into that,
13 I -- one thing I would like to say is that we recognize
14 that at the time of the complaint, there was higher than
15 average levels of traffic. There is traffic associated
16 with the mud farm, there is traffic associated with the
17 actual soil stockpiling, and there is traffic associated
18 with maintenance of the -- you know, there's probably
19 (indecipherable) wells on the parcel.
20 So there is the potential for kind of this
21 perfect storm to be created where if all three of those
22 facilities were being used at the same time, it could --
23 it could absolutely end up with higher levels of
24 traffic. I think that's what happened.
25 But as we get through this, I'll kind of
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February 21, 2018
1 explain to you some of the things we're proposing to
2 ensure that that perfect storm doesn't happen again in
3 the future.
4 So a little bit of history about this.
5 We've owned the parcel since 2011, and it was purchased
6 specifically for drilling for the mud farm reasons and
7 for agricultural operations. And the agricultural
8 operations are actually --
9 UNKNOWN FEMALE: This one's being cut --
10 MR. KAISER: Oh. The agricultural
11 operations are part of the mud farm. We actually take
12 the drill cuttings (phonetic) and farm with them. So,
13 you know, as we kind of mentioned, this is sort of a
14 multiuse parcel for us.
15 The mud farm was permitted, in 2014, by the
16 COGCC, and we take drill cuttings from there that are
17 bentonitic drill cuttings. And I think the important
18 thing to mention there is that they're all cuttings that
19 are not impacted by hydrocarbons. And those -- those
20 drill cuttings get spread out and they get farmed
21 (indecipherable) hay basically in them.
22 And as mentioned, that's another of the
23 locations that, you know, it is an intermittent use. So
24 that's not being used all the time. The only -- the
25 only vehicles that go in there all of the time are the
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February 21, 2018
1 hydrovac trucks, because that's an actual wet product
2 that we use for dust suppression on the rest of the
3 fallow parts of the farm.
4 You can see here how many oil and gas
5 facilities are on this parcel as well, not all of which
6 are Anadarko. There's other operators that have some of
7 these wells and other facilities on our parcel as well.
8 And why we're here today is to talk about
9 the actual soil stockpiling and hay stockpiling area.
10 You know, the reason we have this is to have multiple of
11 these locations spread out through the county so we're
12 not taking a lot of truck traffic through municipalities
13 and (indecipherable) municipal roads.
14 And it also is intermittent use, as Chris
15 mentioned. I mean, we don't use it all the time. It
16 just happens to be, you know, if we're constructing
17 wells in the area, we would use this (indecipherable)
18 site.
19 CHAIR MORENO: Bless you.
20 COMMISSIONER KIRKMEYER: Thank you.
21 MR. KAISER: So kind of an operational
22 path forward for us is this is what we're sort of
23 proposing to help reduce impacts to the surrounding
24 area, is that we would treat this just like any other
25 drilling activity, where if we knew that traffic was
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February 21, 2018
1 going to be higher than normal, we would send out
2 notifications to the community. It would give us time
3 to prep the road for dust suppression. And we would be
4 able to communicate, you know, in advance how long we
5 expect those operations to last for.
6 Additionally, we've kind of agreed already
7 not to use the mud farm with the exception of the
8 hydrovac trucks, which is the very small percentage of
9 the mud -- of the traffic going into the mud farm.
10 We're not going to use the mud farm for the rest of this
11 year. We'll take it to another similar type of facility
12 in Weld County.
13 You know, ever since we had the community
14 meeting, we reduced the hours of operation to 7:00 a.m.
15 to 6:00 p.m.
16 COMMISSIONER COZAD: Sorry. Excuse me.
17 MR. KAISER: And then also I think one
18 thing we can do too is if we know that the soil
19 stockpile area is going to have a higher use, we can
20 reduce the amount of traffic going into the mud farm and
21 vice versa. If the mud farm was being used more often,
22 we could reduce traffic going into the soil stockpile
23 area.
24 And then as mentioned, we've had multiple
25 conversations with Mike Livengood already, and we're
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February 21, 2018
1 continuing to work with him to figure out interim
2 solutions and get his take on it and see what we can do.
3 That being said, I'm happy to take any
4 questions.
5 CHAIR MORENO: Any clarifying
6 questions at this point? Commissioner Conway.
7 COMMISSIONER CONWAY: So to go to my
8 original question, I'm trying to figure out how this
9 ended up in violation. So the mud farm is a use by
10 right, correct?
11 MR. KAISER: Correct.
12 COMMISSIONER CONWAY: And so what ended up
13 happening is you started stockpiling the soil? Is
14 that --
15 MR. KAISER: That's correct.
16 COMMISSIONER CONWAY: Okay.
17 MR. KAISER: And honestly, that was kind
18 of unbeknownst to me. It certainly doesn't make it
19 right. But once we learned of that, obviously we moved
20 forward with the USR process.
21 COMMISSIONER CONWAY: Okay. Thank you for
22 that clarification.
23 CHAIR MORENO: Commissioner Cozad.
24 COMMISSIONER COZAD: I think my question's
25 kind of -- and this is just clarifying on the traffic
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February 21, 2018
1 study, and you can come back to this after the public
2 hearing if you want to. But in the traffic study -- and
3 I'm looking at page 16 of 135 in our exhibits. It's
4 actually page 7 of your traffic study. It looks like --
5 it looks like there's different columns, Evan, that says
6 "daily average trips." But then on the very far
7 right-hand column it says "daily total trips."
8 So after the public hearing, can you
9 address whether these are daily total trips or daily
10 average trips? And I'll give you a few minutes during
11 the public (indecipherable) to look.
12 MR. PINKHAM: Sure. I'll have to look at
13 it again.
14 COMMISSIONER COZAD: Yeah.
15 MR. KAISER: And just for clarity too,
16 it's sort of hard to quantify averages. Averages were
17 used because, I mean, there may be six months, you know,
18 where we're not going to have traffic going into that
19 location at all. Just like, you know, for the rest of
20 this year in 2018, we're going to have very minimal
21 traffic going into the mud farm as well. So it's just
22 sort of hard to determine --
23 COMMISSIONER COZAD: (Indecipherable.)
24 CHAIR MORENO: Commissioner Cozad.
25 COMMISSIONER COZAD: So Nate, it's -- the
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February 21, 2018
1 average trips may not be -- well, this is what I need
2 you to maybe clarify when you come back. Is it daily
3 average trips or is it average trips over a period of
4 time? Because as you're saying, there are days or maybe
5 even a month or more that you have no traffic, and then
6 there's times where you have a lot more traffic.
7 MR. KAISER: Correct.
8 COMMISSIONER COZAD: So I think that's
9 what I'm looking for is the clarification on what --
10 what your traffic study says in regards to average
11 traffic.
12 MR. KAISER: Okay.
13 CHAIR MORENO: There's no more
14 clarifying questions. Nathan, if you'll go ahead and
15 have a seat, and I'll open up for public comment.
16 Anyone in the audience that would like to
17 address this USR, for or against, please come forward,
18 state your name and address for the record. Please come
19 forward.
20 MS. JONAS: Hi.
21 CHAIR MORENO: Good morning.
22 MS. JONAS: My name is Titia Jonas.
23 Address 8540 County Road 21, Fort Lupton, Colorado
24 80621.
25 I am directly north of, I believe that's
DausterlMurphy 303-522-1604
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February 21, 2018
1 the mud farm. I don't really know what a mud farm is,
2 but I'll assume it's a mud farm because there's a lot of
3 mud there. So -- and I don't know how this stuff works,
4 so do I just talk about the things I want to say?
5 CHAIR MORENO: Yes.
6 MS. JONAS: Okay. So somebody -- I think
7 the County was proposing that they would be open to the
8 idea of asphalting County Road 18 and County Road 21. I
9 am certainly against that because I moved out there to
10 be in the country. I moved out there to be on the dirt
11 roads. Dirt roads means less everyday traffic,
12 supposedly. So not just trucks, but cars and people
13 traffic. So I -- I am not for asphalting the road.
14 I am not for mag chloride'ing the road
15 either, because mag chloride eats away my car. And I
16 don't really wish to move out to the country and have my
17 car eaten away. I can get that on the city roads, and I
18 chose country roads.
19 So I moved in just a year ago, just over a
20 year ago, specifically December 28, 2016, is the day I
21 took up residence. At that point and continuously
22 since, there has been constant traffic along that road.
23 Somebody said that it was June 9th that the original
24 complaint took place, and then somebody else said that
25 it wasn't being used much prior to that.
DausteriMurphy 303-522-1604
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February 21, 2018
1 I can certainly discredit that because I
2 live right next to it. I hear the beeping at 3:00 a.m.
3 in the morning when I'm up with my lambs, and I even
4 hear the beeping inside our house. Even in the house we
5 can hear the beeping at 2:00 a.m., 3:00 a.m., all hours
6 of the night. I had no clue what they were doing over
7 there, but that -- that was going on even as of the
8 first night we moved in, because it was nice and quiet
9 and then all of a sudden, beeping.
10 What else? Oh, as far as a mud farm, I
11 don't know what they're farming. It was suggested that
12 hay and wheat and sunflowers, I think I read up there.
13 I've seen -- I haven't seen any of that being farmed.
14 What I do see a lot of -- this gentleman also said that
15 the only trucks there are hydrovac trucks. I don't
16 really know what that is, but it has something to do
17 with water, I'm sure.
18 There's also a lot of tilling of the soil.
19 They're always tilling it, and now it makes sense
20 because they dump mud and then they till it in, I guess.
21 But my husband and I keep asking, What are they trying
22 to grow? Because nothing is ever there. They just do
23 lots of tilling of it back and forth, back and forth.
24 And then again, I've kind of already
25 mentioned the hours of operation was suggested per this
DausteriMurphy 303-522-1604
26
February 21, 2018
1 gentleman again to be 7:00 a.m. to 6:00 p.m. That might
2 be the suggested hours of operation, but it certainly is
3 not what they stick to by any means.
4 And then I guess my last point would be,
5 as I understand -- I have not done the research myself.
6 So as I understand, it is an agricultural zone. It is
7 not an industrial zone. And what I'm understanding is that
8 the County is making all of these proposals with
9 Anadarko or Kerr or whoever that is, Anadarko, to give
10 them conditions upon staying.
11 What I'm suggesting, as a direct northern
12 neighbor, is that it remains an agricultural site.
13 That's why we moved out there. So I -- I don't like any
14 of the propositions that they're making because I just
15 want my little farm to be a farm, a dirt farm with dirt
16 roads.
17 Is that all or questions?
18 CHAIR MORENO: Yeah. I'll start
19 first.
20 MS. JONAS: Okay.
21 CHAIR MORENO: Just you point out
22 some concerns and issues and that --
23 MS. JONAS: Yes, sir.
24 CHAIR MORENO: -- of the road with
25 the dust. Now, do you have suggestions for that? And
DausteriMurphy 303-522-1604
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February 21, 2018
1 then you also mentioned about the hours as a major
2 concern, that they're outside of their operating hours.
3 MS. JONAS: Yes, sir.
4 CHAIR MORENO: Can you give us some
5 thoughts to that too?
6 MS. JONAS: Well, the thoughts regarding
7 the hours, I'm not sure what you want. I mean, the --
8 the 7:00 a.m. to 6:00 p.m. is very reasonable. The
9 2:00 a.m. and the 4:00 a.m. and the midnight I would say
10 is not so reasonable because of the truck sounds as well
11 as all the beeping.
12 As far as the roads, my suggestion would
13 be just plain water, but my first suggestion would be
14 significantly decrease the traffic and keep our
15 agricultural and not industrial. That's my primary
16 suggestion.
17 CHAIR MORENO: Okay. All right.
18 Any other questions?
19 COMMISSIONER CONWAY: No. You asked them.
20 COMMISSIONER KIRKMEYER: You did a nice
21 job.
22 MS. JONAS: Thank you.
23 CHAIR MORENO: Yes, thank you.
24 COMMISSIONER KIRKMEYER: Are you like in
25 the FAA or something?
DausterlMurphy 303-522-1604
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February 21, 2018
1 MS. JONAS: No, I'm a homeschool mom.
2 COMMISSIONER KIRKMEYER: Well, there you
3 go.
4 MS. JONAS: Thank you.
5 CHAIR MORENO: Good job. Thank
6 you.
7 COMMISSIONER CONWAY: You should have
8 brought the kids along for (indecipherable).
9 CHAIR MORENO: Please come forward,
10 sir.
11 MS. JONAS: I should have. Next time.
12 COMMISSIONER CONWAY: Next time.
13 CHAIR MORENO: State your name and
14 address for the record, please.
15 MR. NEAL: Good morning, folks. My name
16 is Dennis Neal. I live at 7691 County Road 23,
17 Fort Lupton, just right down the street from the
18 proposed operation.
19 I have kind of a hard time standing up
20 here and listening to the misinformation coming out
21 that -- once again, I started contacting the County at
22 the end of 2016 in regards to the heavy truck traffic on
23 the road.
24 January I was told that there was a mag
25 chloride agreement with the County. February I was told
DausteriMurphy 303-522-1604
29
February 21, 2018
1 they forgot to get it signed. March I was told -- and I
2 keep being transferred to different people. In March I
3 was told by Troy that they never got anything signed and
4 that there were no permits at all.
5 And at that time I called back again in
6 April, talked to Troy, and Troy said, Well, why don't
7 you call Anadarko directly and voice your concerns to
8 them. I contacted Anadarko directly, and I have dealt
9 with Nathan, and I have dealt with Mike, and I have
10 dealt with Reed, three different people at Anadarko.
11 My big issue here is, like the lady before
12 me, you know, we came -- we went out and built our house
13 out in agriculturally -zoned property to be out in -- in
14 ag surroundings. So now that we come out and we're in
15 ag surroundings, I see where they're trying to run a
16 commercial trucking operation and by special use review.
17 The majority of these trucks drive down
18 Road 23 or drive down 18, coming off of 85. They pass
19 by commercial industrial property in order to get to the
20 dirt road to drive down to get to the site that they're
21 proposing to run this operation. They're proposing to
22 run it, but they've been running that operation since
23 2016 with no permits, even though I've called
24 repeatedly. But I don't want to get off the track.
25 So anyway, well, I finally called
DausterlMurphy 303-522-1604
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February 21, 2018
1 Anadarko, because Troy, who's your liaison with the gas
2 and oil companies, I called their hotline. I spoke to
3 Mike Dinkle on May 10th. Mike Dinkle promised me that
4 they would mag chloride the road.
5 My biggest complaint at the time was I
6 figured they were permitted. I figured that they must
7 have an -- they were doing things legally with the
8 amount of dust that they were creating. So Mike
9 promised me that they would mag chloride the road, and I
10 figured, Okay, good enough. Well, that didn't last.
11 So as the trucks continue -- and you have
12 to keep in mind, they have -- these are semis,
13 18 -wheelers. They're belly dumps, they weigh 80,000
14 pounds, and they run 50 of them in a circle. And they
15 come back and forth and back and forth and back and
16 forth across that road.
17 So they're proposing now to run 68 more
18 trucks on top of -- in which we didn't even hear the
19 true numbers from the county people. Elizabeth Relford
20 got back to me when I met with Tom Parko last week. And
21 the day I went to meet with Tom Parko, she came back and
22 said the road count is 370 vehicles a day and that the
23 semis were 118 of those vehicles. That's before they
24 get permitted to go back to running their 50 belly dumps
25 and their hay trucks and everything else.
DausteriMurphy 303-522-1604
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February 21, 2018
1 Anyway, back on the subject here. So I
2 talked to Mike. Then I talked to Reed on June 16. I
3 called back Anadarko and said, I'm gagging on the dust
4 again. So Reed told me on June 16th he would do it. And
5 then on August 16th, Nathan told me they would get it
6 done.
7 August 26th -- or August 22nd, Anadarko had a
8 meeting down at the health club down in Fort Lupton, and
9 quite a few of us neighbors attended that meeting that
10 we're tired of all the dust and all the semis and all
11 the truck traffic.
12 At that operation, they told us the mud
13 operation has to run 24 hours a day because when those
14 drilling rigs are drilling, they run them 24 hours a
15 day; henceforth, the mud operation is the by-product of
16 the drilling rigs running, so they have to run 24 hours.
17 So we have these trucks out there in the field that are
18 backing up and beeping, and that goes all through the
19 night.
20 Nathan said that there are six-month
21 periods of no activity. I've never seen one day of no
22 activity, less alone six months of no activity.
23 The -- I've been promised repeatedly mag
24 chloride Saturday. If you could have come out and taken
25 a look Saturday, trucks going by and the dust coming off
DausterlMurphy 303-522-1604
32
February 21, 2018
1 those trucks. They've tried to mag chloride it, but
2 there's so much traffic on that road that the mag
3 chloride I don't think is going to work.
4 I've asked repeatedly of Nathan and
5 Anadarko how long is this going to go on since they're
6 asking for a temporary permit, and they've told me that
7 they -- they have no idea how long it's going to go on.
8 When I came to the hearing, what was it,
9 last week and sat here, in which all my neighbors left
10 because they couldn't sit here any longer, I was the
11 last one that held out, and I got up five hours after
12 the hearing started or the meeting started for the
13 hearing. At that time Nathan stood up and said it's
14 going to be ten more years that they're going to be
15 running this operation.
16 Well, right now if you look at their
17 little diagram, I would like for you to bring the
18 diagram back up and then bring the picture of the bales
19 of hay that are out there that are not within the
20 diagram. So they have this little diagram showing
21 6 acres. Well, the bales of hay right now run all the
22 way to the property line, and I think there's, what,
23 roughly, what, nine --
24 CHAIR MORENO: Sir, you need to
25 address the board. I'm sorry.
DausterlMurphy 303-522-1604
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February 21, 2018
1 COMMISSIONER COZAD: 9,000.
2 CHAIR MORENO: You can't engage
3 with him. You need to --
4 MR. NEAL: There's 9,000 bales of hay out
5 there, and they said they'd put them up for -- to block
6 the view or block the site. No. They're just
7 stockpiled there. So if you get the picture of the
8 bales of -- there they are.
9 CHAIR MORENO: You can take the mic
10 with you, sir.
11 MR. NEAL: Okay. Well, I --
12 CHAIR MORENO: It's all being
13 recorded. Sorry.
14 MR. NEAL: Oh. Their little diagram -- if
15 you can bring that picture back up. Their little
16 diagram of area -- well, okay. So they're showing --
17 oh, right there, that one, where it shows. Here.
18 This little area of their diagram, the
19 bales of hay right now are stacked back here that go all
20 the way up to the property line. So if you bring that
21 picture back, they're not even on the stockpile area.
22 The stockpile area is just where the dirt is. So I
23 don't know if that's made it to where they didn't have
24 to notify as many people or what's going on. But what
25 they're doing out there is nothing like what they're in
DausterIMurphy 303-522-1604
34
February 21, 2018
1 here saying they're going to be doing.
2 Let me try to stay on track here. I get
3 so riled up about this because this has been going on
4 for way over a year. Let's see.
5 So Nathan and Reed and Mike, they have not
6 told me the truth about keeping the road mag chloride'd
7 or keeping the dust down, or when we went to the hearing
8 they didn't tell people the truth. They said there
9 would be six-month periods. There's never been
10 six-month periods.
11 Finally, this year, January 18th, I
12 emailed many more photos over to the County. So not
13 only have I been dealing with Anadarko, I have dealt
14 with, I think 16 different contacts I've had with the
15 County. I've talked to everybody at the county. I've
16 talked to Chris that's running this. I talked to Kim
17 Ogle. I met with Tom Parko. I've talked to all the
18 different people at the County 16 different times.
19 On January 18th, I emailed more photos
20 over to Elizabeth Relford, who's the head of the
21 transportation department. Immediately after I emailed
22 those photos over, Reed calls me, who's with Anadarko,
23 and tells me that they have the right to be doing what
24 I'm doing and -- and basically how dare I be contacting
25 the County regarding their operation. Well, it's my
DausteriMurphy 303-522-1604
35
February 21, 2018
1 contact with the County that made the County aware that
2 this operation was going on.
3 So on January 18th, as I'm talking to Reed,
4 I said -- so Reed says to me, Okay, well, we're almost
5 done with this operation, so we're going to be leaving
6 the operation. I said, Okay, Reed. If that's the case,
7 then we're all wasting our time. I said, How much
8 longer are you going to be doing this and how many
9 trucks a day is it going to be until you're done?
10 Reed said he would get back to me on
11 January 18th. On January 24th, Reed got back to me,
12 said they have no idea how much longer it's going to go,
13 and they have no idea how many trucks a day. So I have
14 never heard the truth from them.
15 It was brought up that it was 309 vehicles
16 a day. Elizabeth Relford just told me it's 370 vehicles
17 a day. This is after they did the three-day study, and
18 that the percentage I think was 32 percent trucks. It
19 turns out to be 118 trucks right now, semis that are
20 running. This is before they get permitted.
21 If you take an 18 -wheeler -- you know, so
22 if you look at cars -- they're asking for 68 more
23 trucks. So right now they're running 118, add in 68,
24 that's 186 trucks a day. If you take that times what a
25 car produces in dust, you're talking -- add in the cars
DausteriMurphy 303-522-1604
36
February 21, 2018
1 that are out there, you know, 1,100, 1,200 cars a day or
2 the equivalent of how much dust is going to be created
3 on that dirt road.
4 It's one -- it's been very frustrating for
5 me, for the neighbors, for this whole process. But I
6 think the bottom line is what I ask people at the County
7 and I ask Anadarko, you know, why is it you have to run
8 this operation on this dirt road in ag zone? Well,
9 because of the cost. If they were to go to a commercial
10 industrial property, the cost would be so high.
11 So basically at our cost, they're running
12 this operation in an agriculturally -zoned property.
13 That's what I don't understand. That's why they have
14 industrial commercial zoned properties, A. B, if they
15 are going to run it, why don't they at least pave the
16 road to do it to where we're all not choking on the dust
17 from it. So --
18 I guess I'll end it at that, that I -- I
19 don't understand why we are subsidizing Anadarko. Our
20 property values go down. If I were to want to go sell
21 my house right now with an industrial truck operation
22 running across the street, of course my property's going
23 to sell for less. And the reason for that is so that
24 Anadarko can save money to where they don't have to go
25 pay for a commercial industrial property.
DausteriMurphy 303-522-1604
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February 21, 2018
1 My next-door neighbor, who sits right on
2 the road, they had a medical emergency and they wanted
3 me to bring this letter to you folks. Can I give this
4 to you?
5 CHAIR MORENO: Give it to our
6 attorney right here.
7 COMMISSIONER COZAD: I think it was the
8 one that was sent -- I think we all got it this morning.
9 MR. NEAL: Okay. Thank you.
10 COMMISSIONER COZAD: Yeah. I think it's
11 in the record already.
12 MR. CHOATE: It is.
13 MR. NEAL: Well, I appreciate it. And I'm
14 sorry that I get upset, but --
15 CHAIR MORENO: Mr. Neal, before you
16 leave --
17 MR. NEAL: Yes.
18 CHAIR MORENO: -- I'm reading
19 through the Planning Commission, and I see that you also
20 had a conversation with the Planning Commission about
21 the trucks that were backed up. And then you were told,
22 I guess by Mr. Dinkle that the -- it was because of a
23 tractor had broke down? Can you tell us a little more
24 what all happened in your -- your view, what you thought
25 happened there or what did happen? I don't --
DausterlMurphy 303-522-1604
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February 21, 2018
1 MR. NEAL: Yeah, it was my tractor that
2 broke down. And I had my camera with me when my tractor
3 broke down. I took a picture of 31 18 -wheeled belly
4 dumps fully loaded, sitting out there on the road. And
5 that's what I emailed to Kim Ogle at that point. And
6 then I asked Kim, because I know Kim, I said, Kim, can
7 you help me do something about this truck traffic that
8 we're living with out here? So --
9 CHAIR MORENO: Any other questions
10 for Mr. Neal? Commissioner Kirkmeyer.
11 COMMISSIONER KIRKMEYER: So did they ever
12 mag chloride the road? Sorry, I was trying to follow.
13 MR. NEAL: They have, yes. They've done
14 it a couple of times. But I don't know that that's
15 going to keep up with a, you know, 80,000 -pound truck
16 running over a dirt road like that.
17 You know, my last comment is, I did a
18 nine -lot subdivision in Weld County, and I had to pay to
19 pave one-half of a mile of Weld County Road 40 1/2 to
20 build nine houses. And Anadarko doesn't even get
21 permits and they're out there running all these trucks.
22 That's where I really don't understand what goes on.
23 COMMISSIONER KIRKMEYER: Thank you.
24 CHAIR MORENO: Any other questions?
25 Thank you, Mr. Neal.
DausterlMurphy 303-522-1604
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February 21, 2018
1 MR. NEAL: Thanks.
2 CHAIR MORENO: Is there anyone else
3 in the audience that would like to come forward? Just
4 please state your name and address for the record,
5 please.
6 MS. CASTRO: My name is Maribel Castro. I
7 live at 8588 County Road 21, Fort Lupton, 80621.
8 My issue with them is, like she said, we
9 moved out there in the country. They have all these
10 trucks running up and down, messing up the roads.
11 They're like washboards when they do end up fixing it.
12 They're making the street more narrow to where we have
13 to pull over to the side for their semis to go by. I
14 have teenagers that drive that road that have gone into
15 the ditch a couple times because their trucks won't move
16 over.
17 I have horses. You can't ride them on the
18 street anymore because their trucks go by so fast that
19 the horses get spooked and they get rocks thrown at
20 them. So you're just compounded to your little area
21 that you have, your acreage that you have. You can't go
22 out on the roads because all these trucks are going by.
23 It does create a lot of dust. And like he
24 said, there is high traffic 24/7, noise 24/7. They
25 did -- there was a meeting a couple months ago. They
DausteriMurphy 303-522-1604
40
February 21, 2018
1 said they notified all the neighbors. I never got a
2 notification. This is -- Dennis brought me up to speed
3 on this one. But we have never gotten notified on
4 anything else before. Supposedly they've gotten our
5 approval for this, and nobody's ever gone to my house
6 from Anadarko to ask any opinions or nothing.
7 But like she said, we did move out to the
8 country for the quietness, so you can ride, so you can
9 create, you know, a nice environment. And it's just
10 loud traffic, and that really bugs me a lot.
11 CHAIR MORENO: And you've been
12 living in your home for --
13 MS. CASTRO: Four years.
14 COMMISSIONER KIRKMEYER: Okay.
15 CHAIR MORENO: Commissioner Conway.
16 COMMISSIONER CONWAY: Can you point out
17 where you live on the map?
18 MS. CASTRO: (Indecipherable.)
19 COMMISSIONER CONWAY: Probably --
20 CHAIR MORENO: Please take the mic
21 with you if --
22 COMMISSIONER CONWAY: Can you go to the
23 larger expanded map, Chris?
24 MR. GATHMAN: I don't think it goes
25 that --
DausterlMurphy 303-522-1604
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February 21, 2018
1 COMMISSIONER CONWAY: It doesn't go that
2 far.
3 COMMISSIONER KIRKMEYER: Can you show us
4 on there?
5 CHAIR MORENO: Can you take the mic
6 with you, Ms. Castro?
7 MR. GATHMAN: She's just going to point.
8 CHAIR MORENO: Or just point?
9 MS. CASTRO: Where's 20?
10 CHAIR MORENO: Okay.
11 COMMISSIONER KIRKMEYER: So show her where
12 18 is and where 21 is.
13 MS. CASTRO: This is 21.
14 COMMISSIONER KIRKMEYER: Yes, that's 21.
15 MR. GATHMAN: 18.
16 MS. CASTRO: 20 and 21.
17 COMMISSIONER KIRKMEYER: What's going on
18 with --
19 CHAIR MORENO: I don't know. The
20 IT is on their way down.
21 MR. GATHMAN: So it's farther north than
22 what the map --
23 MR. GATHMAN: It's actually --
24 CHAIR MORENO: I'm sorry. We --
25 COMMISSIONER KIRKMEYER: That doesn't
DausteriMurphy 303-522-1604
42
February 21, 2018
1 help. Go back to the white one.
2 MR. GATHMAN: It doesn't --
3 MS. CASTRO: (Indecipherable.)
4 CHAIR MORENO: She --
5 COMMISSIONER KIRKMEYER: What are you
6 doing?
7 MS. CASTRO: Neighbors (indecipherable).
8 CHAIR MORENO: She's just going to
9 go out and point to --
10 MR. GATHMAN: 20 is off the screen.
11 COMMISSIONER COZAD: She can point to it.
12 COMMISSIONER CONWAY: Where is it? Thank
13 you.
14 CHAIR MORENO: Commissioner Cozad.
15 COMMISSIONER COZAD: Chris, can you put up
16 the vicinity map? Isn't there a vicinity map that shows
17 kind of the streets and all that?
18 MR. GATHMAN: Yeah. This -- well, this
19 one is --
20 COMMISSIONER COZAD: I think we need to
21 zoom out, is the problem.
22 MR. GATHMAN: What I will do -- let's
23 just --
24 COMMISSIONER CONWAY: Okay. So you're
25 north --
DausteriMurphy 303-522-1604
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February 21, 2018
1 COMMISSIONER KIRKMEYER: So you live off of
2 20 and about 21?
3 MS. CASTRO: Yes.
4 COMMISSIONER COZAD: Okay.
5 MS. CASTRO: You can see the hay bales
6 from my property.
7 COMMISSIONER KIRKMEYER: Are you good?
8 COMMISSIONER CONWAY: Yeah, I was just
9 trying to gage --
10 COMMISSIONER KIRKMEYER: Well, you saw
11 where 18 and 21 is. She lives a mile north of 18 --
12 COMMISSIONER CONWAY: A mile -- a mile
13 north. Okay. That -- that's helpful. Thank you.
14 COMMISSIONER KIRKMEYER: Okay.
15 CHAIR MORENO: This is not Chris's,
16 with the blinking thing. I know we have a call into IT.
17 They're on their way back.
18 COMMISSIONER CONWAY: That's okay.
19 CHAIR MORENO: Hang in there,
20 Chris.
21 MR. GATHMAN: Thanks.
22 CHAIR MORENO: Is there anyone else
23 in the audience that would like to come forward and
24 speak to the board? Please state your name and address
25 for the record.
DausteriMurphy 303-522-1604
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February 21, 2018
1 MR. SAATHOFF: Hi, everybody. My name is
2 Don Saathoff. I live at 8657 Weld County Road 21.
3 My complaint is trucks, lots of trucks,
4 lots of dust. And I don't understand if you understand
5 an 18 -wheeler is equivalent to about three and a half
6 cars or pickups. When they go by, you can figure that
7 many cars and one pickup. That's a big volume. A
8 little car makes a lot of dust. The 18 -wheeler goes by,
9 belly dump, and you can't even see. And I live pretty
10 close to the road.
11 It was so bad that you can't even see.
12 And it's chunky. It's not just dust. It's hard dust.
13 It's terrible. And I'll be honest, I stopped a lot of
14 trucks and told them, Get some water out here. In an
15 hour, get some water out here. I said, I'm going to
16 stay here until you call Anadarko and tell them to get
17 water out here. Twenty minutes later, they were out
18 there with the water. It really helped.
19 So my complaint is a lot of dust, a lot of
20 trucks, a lot of illegal stuff. I don't understand
21 that. And when I say illegal stuff, I don't want to get
22 too far in debt here, but just like that little
23 campground, RV parking lot down there, that traffic
24 comes 21 now.
25 We moved into that house four years ago.
DausterlMurphy 303-522-1604
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February 21, 2018
1 There was no trucks. I didn't even know about the oil
2 and gas situation. Here and there, yeah. I did know
3 about the dairy. I like the dairy. I like the smell.
4 It smells like money.
5 But that isn't my point. My point is
6 they've got to do something with the road. And the
7 material that they use putting onto the road, I don't
8 think it's good on vehicles. I'm not -- I've never
9 gotten into it. But it's a mess. It's slick. If
10 you -- if it gets water, even after -- it don't
11 disappear. It stays there.
12 By the time all of these 18 -wheelers go
13 driving over that and it rains, they make ruts. You get
14 bumps, ripples, you slide off. The maintainer comes in
15 there, digs a ditch out, bringing the road in narrower,
16 leaving a pile in front of your driveway, mailbox and
17 everything, don't ever drag that out. So I go out there
18 and I drag it into my driveway so I can drive out. It's
19 bumpy. They don't do that no more.
20 But they keep digging it out, they keep
21 putting it to the center, and that makes that
22 road get higher and narrower. And like she said, you
23 get two vehicles and you get too close to that side,
24 you're in the ditch.
25 UNKNOWN FEMALE: Uh-huh.
DausterjMurphy 303-522-1604
46
February 21, 2018
1 MR. SAATHOFF: That ain't right. And I
2 want to know what the distance is for the right of way,
3 how much road you're supposed to have. You're not
4 supposed to be able to look down that road and go like
5 this. That's the way that is.
6 I love 21, every bit of it. If they want
7 us to move the mailboxes back, we will do it. When I
8 moved there, I didn't have to go up out of the driveway.
9 I just went to -- got out. Now I have to go up.
10 But my complaint is dust and the trucks
11 being run illegal. The background of the houses down
12 there, all of that traffic is coming now. And when I
13 have to do something, I have to go through, come up
14 here, and I have to put trees around and gravel or
15 blacktop before I can even put something commercial.
16 You go out there and you've got tumbleweeds rolling and
17 rolling, and it looks terrible that little site out
18 there. What happened?
19 I understand there was a permit just for
20 parking, and it's been brought to attention that they
21 say they're just parked out there. Go out there at
22 night. They're all lit up. They're living in there.
23 Living, eating, playing, telling (indecipherable). It
24 looks terrible. Campers looks nice. But the outside,
25 tumbleweeds are rolling, the ditches are full. Anyway,
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1 I -- we're getting the traffic from there way more than
2 we used to. The traffic is really bad. And I'm for
3 blacktop.
4 I've got a letter. I don't know if you
5 want me to read it or if I should just present it to you
6 so you can read it. I have 12 copies. Do you want me
7 to read it?
8 COMMISSIONER KIRKMEYER: Is it from you?
9 MR. SAATHOFF: It's my neighbor.
10 CHAIR MORENO: Who's your neighbor?
11 MR. SAATHOFF: By the name of Charles
12 Baum.
13 CHAIR MORENO: Is it in the record?
14 MR. SAATHOFF: He's been in that -- he
15 moved in there in '70 when there was nothing. The
16 sales -- the County didn't have nothing to do with this.
17 I thought it -- I thought they did, commit themselves to
18 blacktopping 21 in eight years. That didn't happen.
19 They -- the salesman that sold him the
20 house said he communicated with the county, and they
21 said that they was going to blacktop it, and that never
22 did happen. He poured his driveway, concrete, getting
23 ready in this eight years to kind of match the blacktop.
24 Now he's driving up. Now he's got a dip.
25 Anyway, I want to leave you this letter.
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February 21, 2018
1 CHAIR MORENO: Go ahead and just
2 state the name of the resident.
3 MR. SAATHOFF: And you can see --
4 CHAIR MORENO: Yeah, just --
5 UNKNOWN FEMALE: (Indecipherable.)
6 COMMISSIONER KIRKMEYER: You give them all
7 to the attorney, and he'll hand them out.
8 MR. SAATHOFF: What's that?
9 COMMISSIONER KIRKMEYER: You can give your
10 copies to the attorney --
11 CHAIR MORENO: So he can --
12 COMMISSIONER KIRKMEYER: -- and he will
13 pass them to us.
14 MR. SAATHOFF: Oh, okay. Okay.
15 CHAIR MORENO: Do you have
16 additional copies there?
17 COMMISSIONER KIRKMEYER: Do you have any
18 more copies? Do you have more than one?
19 MR. SAATHOFF: Oh, yeah.
20 CHAIR MORENO: Is there anyone else
21 in the audience who would like to address the board? I
22 guess I should ask, did the board have any questions
23 of --
24 COMMISSIONER CONWAY: No, I have none.
25 COMMISSIONER COZAD: I actually had just
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February 21, 2018
1 a --
2 CHAIR MORENO: Commissioner Cozad.
3 COMMISSIONER COZAD: Mr. Saathof, I just
4 have a quick question for you, sir. You can give the
5 letters to -- yeah. Thank you.
6 Just a quick question for you. You
7 were -- you're up on County Road 21. It sounds like
8 most of your concerns are on 21. Do you have concerns
9 on any of the other County roads that they're accessing
10 on for this USR?
11 MR. SAATHOFF: I don't -- I didn't --
12 COMMISSIONER COZAD: Well, their access is
13 off of County Road 18 --
14 MR. SAATHOFF: Yeah.
15 COMMISSIONER COZAD: -- and you're up on
16 21.
17 MR. SAATHOFF: North of --
18 COMMISSIONER COZAD: And there's an access
19 there as well. So, do you have concerns about 18 as well
20 as 21 or just 21?
21 MR. SAATHOFF: '21.
22 COMMISSIONER COZAD: Okay. Thank you.
23 CHAIR MORENO: Any further
24 questions?
25 MR. SAATHOFF: No, that's -- my complaint
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February 21, 2018
1 is the heavy trucks, and I'd like to hear some results
2 from them.
3 CHAIR MORENO: Thank you, sir.
4 MR. SAATHOFF: Thank you. Appreciate your
5 time.
6 CHAIR MORENO: Is there anyone else
7 in the audience that would like to come and speak to the
8 Bboard on this USR? Seeing none, I'll close the public
9 comment. I'll bring back the applicant.
10 Nathan, you've heard the same conversation
11 we just heard. Do you want to address some of the
12 things that were just discussed?
13 MR. KAISER: Yes, absolutely. So a couple
14 of the -- so when we had the community meeting, we
15 probably had maybe 16, 17 people show up at the
16 community meeting. And there was disagreement among the
17 community surrounding there on what type of dust
18 suppression works best.
19 A lot of people don't want mag chloride.
20 We even heard that today. A lot of people wanted water.
21 We have maintained water suppression during times when
22 we're using the road heavier. We also did put mag
23 chloride down, but not -- but only, you know,
24 intermittently because, again, people didn't want that.
25 You know, something else I'd like to
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February 21, 2018
1 mention too is when we got the hearing dates, when we
2 learned of the Planning Commission hearing date and the
3 Board hearing dates, we followed up with everybody at
4 that community meeting that had wanted to be
5 corresponded with.
6 So we had a sign -in sheet there and said
7 we'd like to continue correspondence with you so this
8 doesn't turn into a bigger problem so we can fix this.
9 We corresponded with, you know, everybody that had
10 signed that sheet before -- before both hearings and
11 said, Here's your opportunity to come and speak and, you
12 know, either in support or opposed of the project.
13 You know, the efforts that I discussed in
14 my presentation, which was limiting traffic to daylight
15 hours, a lot of these things that I discussed, the
16 community has already said to us that they're happy with
17 the way things are, they're happier with the things that
18 have improved.
19 You know, another statement that was made
20 is that we had to use the mud farm 24 hours a day.
21 That's not actually true. We do have to use mud fauns
22 24 hours a day, but after the hours of 7:00 at night, we
23 route that traffic to the other mud farm so we don't
24 have to use that one 24 hours a day.
25 The one thing I will also say is that we
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February 21, 2018
1 do have to access the oil and gas wells and production
2 facilities 24 hours a day, as do other operators on that
3 parcel. That's something that we can't necessarily from
4 a safety standpoint, commit to only using during those
5 daylight hours. But the mud farm itself and the -- the
6 soil stockpile area, we do -- we're making efforts to
7 use those during daylight hours.
8 So, you know, we're -- the last thing we
9 want to do is impact the surrounding community. I mean,
10 we're very open to working with the County to provide
11 some type of dust suppression that actually does work
12 and meets everybody's needs. And like I said, we're
13 working with Mike Livengood to come up with something.
14 And we're evaluating multiple different
15 options, and those things range from a deeper mag
16 chloride application that goes down deeper and rototills
17 it into the ground. We're looking at topical solutions.
18 We're looking at recycled asphalt mixed in with the
19 roads as well. I mean, we're looking for a solution
20 that genuinely addresses the problem here.
21 CHAIR MORENO: Commissioner Conway.
22 COMMISSIONER CONWAY: So you kind of heard
23 some different takes from the public, but one thing that
24 continues -- that I thought that was (indecipherable) on
25 is the water trucks, particularly when there's high
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February 21, 2018
1 usage up there.
2 Is that something -- I understand you
3 don't want to mag chloride the road because it's
4 temporary and, of course, I know you're looking at other
5 things. But I heard at least three members -- well, I
6 know the first member of the public said, Don't mag
7 chloride it, don't pave it. I heard the gentleman --
8 the last gentleman talk about water trucks, that
9 that seemed -- or two, actually. Two talked about the
10 water trucks.
11 Can you address that in terms -- I
12 understand we have ADTs, but it looks like there's a
13 dispute between 309 to 371, which is -- and 30 percent
14 trucks, according to Elizabeth, if I'm
15 correct -- and I see you nodding your head -- in terms
16 of that. And what I'm hearing you say is this won't be
17 used except when there's drilling going on in -- in that
18 area, correct?
19 MR. KAISER: And that's correct. And I
20 know the question came up, how long we were going to be
21 using this for.
22 COMMISSIONER CONWAY: Right.
23 MR. KAISER: I mean, that's like wondering
24 how long oil is going to be producing in Weld County. I
25 mean, it's -- we don't know how long that site will be
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February 21, 2018
1 in operation for. And it's not a temporary permit.
2 It's something we're trying to permit for the long-term.
3 But in terms of putting water down on the
4 roads, I mean, that's the idea is to notify the
5 community weeks in advance of, Hey, we're going to be
6 out here. Traffic's going to be heavier than normal.
7 We'll make sure we keep dust suppression down during
8 those times and give them an outlet to call and vent.
9 COMMISSIONER CONWAY: Well, I don't think
10 it should (indecipherable) to call you and say, Hey,
11 there are a lot of trucks out here today. You're
12 probably going to have a pretty good idea in teLlus of
13 that and, you know, actively -- proactively go out here
14 and say, okay, we're going to water the road today
15 because it's hot and dry and we're going to have a
16 hundred trucks coming in and out of here. Common sense
17 would dictate it's going to create a lot of dust.
18 MR. KAISER: Well, and correct. And
19 that's -- and I mentioned that in my presentation, that
20 the idea would be before we even use the site a lot, we
21 would notify the community and say, We're going to have
22 an increase in truck traffic. You can expect it to last
23 three to four months.
24 COMMISSIONER CONWAY: Okay.
25 MR. KAISER: We'll ensure that we --
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February 21, 2018
1 COMMISSIONER CONWAY: You're out there
2 with water?
3 MR. KAISER: -- prepare the roads either
4 with, via, you know, mag or maintain current water --
5 you know, watering of the roads.
6 COMMISSIONER CONWAY: Okay.
7 MR. KAISER: One other thing too is we
8 don't have a lot of traffic coming in from County
9 Road 21. I mean, I know there's other operators in the
10 area that have --
11 CHAIR MORENO: Please refrain
12 from -- sir, I'm sorry. We can't have --
13 MR. KAISER: I mean, the majority of our
14 traffic is coming in on 85, coming in from 85 to the
15 east. They, again, circle up to the facility. You
16 know, I know there was other operators drilling wells to
17 the west of there recently, so I think there's other
18 traffic besides us utilizing County Road 21 farther to
19 the north.
20 CHAIR MORENO: Okay. I know that
21 we're having some conversation out in the audience.
22 You'll have to take it outside of the room here and be
23 respectful of everybody on hearing both sides, please.
24 Commissioner Kirkmeyer.
25 COMMISSIONER KIRKMEYER: So your access is
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February 21, 2018
1 off of Road 18? So you come up 85 to 18?
2 MR. KAISER: The primary access is coming
3 in -- it goes past -- it comes down 18, north on 21,
4 into our facility, and then back out 18. And the reason
5 for that is because if we ever did have trucks lined up
6 for whatever reason, I don't want them staged out on the
7 County roads. I want them contained in the parcel
8 itself.
9 COMMISSIONER KIRKMEYER: So when you come
10 from 85, tell us the direction you take from 85.
11 MR. KAISER: West.
12 COMMISSIONER KIRKMEYER: So you come on
13 18?
14 MR. KAISER: Yes, on 18 around the lake.
15 COMMISSIONER KIRKMEYER: Yes.
16 MR. KAISER: And then continue west to 21,
17 north on 21 directly, and then go into our facility.
18 And our facility's, you know, an eighth of a mile or
19 less north on 21, and we turn into it then.
20 COMMISSIONER KIRKMEYER: And then you come
21 out on 18?
22 MR. KAISER: And then we come out on 18,
23 correct.
24 COMMISSIONER KIRKMEYER: And so your
25 access goes across some other property, or is that your
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February 21, 2018
1 property as well?
2 MR. KAISER: Well, we own the property,
3 so it --
4 COMMISSIONER KIRKMEYER: So I'm looking at
5 the map. And for you to go up on 21, you have to go
6 across to get to the little red -lined area.
7 MR. KAISER: Correct. So traffic comes
8 this way --
9 COMMISSIONER KIRKMEYER: Sure.
10 MR. KAISER: -- up here into our site,
11 down --
12 COMMISSIONER KIRKMEYER: To the USR site.
13 MR. KAISER: Correct. Well, yes. Yes,
14 down to here. This is where soil gets loaded, and then
15 it comes back out and out this way again.
16 COMMISSIONER KIRKMEYER: So that's a
17 separate parcel where the USR is?
18 MR. KAISER: No, it's all one parcel.
19 MR. GATHMAN: Correct. Yeah, the USR
20 encompasses the whole site.
21 COMMISSIONER KIRKMEYER: The USR is on the
22 same parcel off the access, off of 21?
23 MR. GATHMAN: Correct.
24 COMMISSIONER KIRKMEYER: Oh, so you just
25 put a red line around where the stockpile --
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February 21, 2018
1 MR. GATHMAN: Yeah, I was just showing
2 where the stockpile area is, correct. Yeah. Sorry.
3 COMMISSIONER KIRKMEYER: And the mud farm
4 is where?
5 MR. GATHMAN: All around it.
6 COMMISSIONER KIRKMEYER: The whole area?
7 MR. KAISER: Pretty much. You can see
8 that there's -- I mean, here, there's farming here, up
9 here, and then -- I mean, it's --
10 COMMISSIONER KIRKMEYER: Well, you're
11 putting mud down basically, so -- and they don't need a
12 permit for that?
13 CHAIR MORENO: Ben?
14 MR. FRISSELL: Ben Frissell, Environmental
15 Health.
16 They need to comply with the COGCC
17 regulations. There is a -- basically a Design and
18 Operation Plan that the COGCC outlines that they must
19 supply to them throughout and have approved forms, but it's
20 not something that the County oversees or approves from an
21 environmental health stand point. However, those items
22 were submitted as part of the application and are on the
23 COGCC website for review by basically anybody.
24 COMMISSIONER KIRKMEYER: So are there
25 hours of operations attached to the mud farm?
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February 21, 2018
1 MR. FRISSELL: I can look onto -- I can
2 look in their application. I do have it pulled up. If
3 you give me a second I can do that, or maybe the
4 applicant can address that.
5 MR. KAISER: I don't know the specific
6 hours that the COGCC requires. However, I mean, that's
7 one thing we're, I mean, willing to commit to doing is
8 operating, you know, that facility during the daylight
9 hours that we mentioned, with the exception of a few of
10 the hydrovac trucks, which are needed to keep the mud --
11 or to keep the dust down on the physical farming
12 location.
13 COMMISSIONER KIRKMEYER: Okay. The USR is
14 on the entire property or it's just on a portion of the
15 property?
16 MR. GATHMAN: It's on the entire
17 property.
18 COMMISSIONER KIRKMEYER: Okay.
19 MR. GATHMAN: Yeah. They own that whole
20 parcel, so, yeah, they didn't parcel that out.
21 COMMISSIONER KIRKMEYER: Okay. Well,
22 that's why it's confusing. So what exactly is -- what
23 kind of soil are you stockpiling?
24 MR. KAISER: It's soil that's used for the
25 construction of well pads. So it's what we would build
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February 21, 2018
1 a well pad up to place a drilling rig, and then we would
2 take that soil off after the wells are drilled, and we
3 take the well pad down, regrade everything, and we would
4 move the soil to -- hopefully to a new location, but
5 sometimes back to a stockpile area.
6 CHAIR MORENO: So it's not just
7 field dirt or --
8 COMMISSIONER COZAD: Topsoil.
9 CHAIR MORENO: Topsoil?
10 MR. KAISER: It's -- yeah, it would be not
11 necessarily a road base, but it would be the mud that we
12 would dirt -- not the mud -- the dirt that we would use
13 to construct the well pads, grade the production
14 facility locations as well.
15 COMMISSIONER KIRKMEYER: So why do you
16 have to stockpile that at a separate location?
17 MR. KAISER: I mean, because we have a lot
18 of drill -- because --
19 COMMISSIONER KIRKMEYER: Yes, you do have
20 a lot of drilling in the area.
21 MR. KAISER: So depending on like the
22 grading of a site and how much cut and fill is needed,
23 sometimes we have to import dirt from other places.
24 COMMISSIONER KIRKMEYER: Like from where?
25 A ground well operation or --
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February 21, 2018
1 MR. KAISER: From -- yeah, from --
2 COMMISSIONER KIRKMEYER: People who sell
3 dirt?
4 MR. KAISER: People who sell dirt.
5 COMMISSIONER KIRKMEYER: Exactly. So I
6 don't understand why you would have to stockpile it --
7 MR. KAISER: Well, because.
8 COMMISSIONER KIRKMEYER: -- because
9 they're stockpiling it.
10 MR. KAISER: I mean --
11 COMMISSIONER COZAD: Maybe, maybe not. It
12 could be from a construction site that has -- that's got
13 excess dirt, so they need to get it off their site. So
14 I don't know where they're --
15 COMMISSIONER KIRKMEYER: That's not what
16 he said, though.
17 (Multiple speakers.)
18 COMMISSIONER KIRKMEYER: That's not what
19 he said he was doing -- what they were doing. I'm
20 trying to get to what they're actually stockpiling and
21 why.
22 COMMISSIONER COZAD: I'm just saying it
23 could come from different places. I don't know where
24 it's coming from.
25 MR. KAISER: Well, and that's the
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February 21, 2018
1 objective is not to haul dirt across the entire county
2 to -- we want to have it in multiple centralized
3 locations.
4 COMMISSIONER KIRKMEYER: But you're
5 hauling dirt from here to your sites, your drill sites.
6 MR. KAISER: Drill sites in the area.
7 We're not taking this dirt and taking it all the way
8 (indecipherable).
9 COMMISSIONER KIRKMEYER: No, I understand.
10 I understand that. That's not what I'm saying. You're
11 taking -- like when you say "in the area," is that like
12 a three-mile radius? Is that a ten -mile radius?
13 Where's that at? Because you've got a whole lot of
14 drill sites down off of like 8th and 6th and down that
15 way, and 2 and 4 and all over.
16 MR. KAISER: I mean, I don't have a
17 specific radius. It all depends on, I mean, where
18 locations are and where -- you know, we're going to
19 permit other locations like this in the county too, so
20 we have that more centrally located. I mean, I don't
21 have a specific radius. I don't think it's probably
22 more than five miles, though.
23 COMMISSIONER KIRKMEYER: So then what
24 would you propose to be a haul route? That you go back
25 out 18 to 85, come down 85 south to Road 6 and come
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February 21, 2018
1 across to your drill sites? Or you go up 85 to 52?
2 MR. KAISER: In this case, from how -- how
3 long it's been used for, traffic came from 85. But I
4 mean, traffic could come from another direction later
5 depending on the geography of the wells. So, I mean, we
6 could come down 19, which is paved, and then over to --
7 then over 21, assuming that the wells that were being
8 drilled were, you know, in that area. So it all
9 depends, you know, if the wells that were being drilled
10 were closer to 85.
11 COMMISSIONER KIRKMEYER: So the reality
12 is, though, if you're taking it -- you're stockpiling
13 soil and you're getting it off of your sites where
14 you're doing your drilling operations, you're probably
15 not going all the way out to 85. That really wouldn't
16 make sense.
17 MR. KAISER: Well, we're trying to also
18 avoid taking dirt from somewhere else further than 85
19 through the City of Fort Lupton, through municipalities.
20 We're trying to take it into a more centralized --
21 excuse me -- a more centralized location that impacts
22 less roads, impacts less people, impacts less
23 municipalities.
24 COMMISSIONER KIRKMEYER: I'm questioning
25 what you said was your haul route essentially, and that
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February 21, 2018
1 you were coming from Highway 85 and going down -- going
2 west on 18 over to the site.
3 MR. KAISER: Correct.
4 COMMISSIONER KIRKMEYER: That doesn't make
5 sense considering where your drill sites are, especially
6 if you're not trying to go through Fort Lupton. So --
7 and I'm wondering why you even need to stockpile the
8 soil there and why you just don't stockpile it at the
9 sites that you already have, where your drill sites are.
10 MR. KAISER: I mean, there's reclamation
11 requirements as part of drilling wells.
12 COMMISSIONER KIRKMEYER: Sure.
13 MR. KAISER: We have to remove that soil.
14 We can't just leave it there.
15 COMMISSIONER KIRKMEYER: You have to
16 remove it and stockpile it someplace?
17 MR. KAISER: We have to move it to a
18 location. We can't just let it sit on a -- on a well
19 pad location. I mean, there's a certain amount of time
20 that we have to reclaim all of our -- our well sites.
21 So when we're done --
22 COMMISSIONER KIRKMEYER: So none of this
23 soil is used to reclaim your well sites?
24 MR. KAISER: No. This site is used to
25 construct well pads and production facilities. So if we
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February 21, 2018
1 need to bring in fill dirt -- like if a location,
2 there's not enough -- if we're cutting and filling and
3 we still have to import dirt, I mean, we have to import
4 tons of dirt to construct well pads.
5 And once those well pads are constructed
6 and the well pad -- and the rig has somewhere stable to
7 sit, then the wells get drilled and we take that soil to
8 another location. And sometimes that location is not --
9 you know, sometimes that location, it's -- it's -- we
10 would prefer to get dirt from another location, so we
11 would take it back to a -- a soil stockpile area.
12 COMMISSIONER KIRKMEYER: So the
13 construction equipment for off -site well locations and
14 associated oil and gas production facilities, what
15 exactly is that?
16 MR. KAISER: Can you repeat it, please?
17 COMMISSIONER KIRKMEYER: Sure. It's in
18 your application. It's the associated -- construction
19 equipment for off -site well locations and associated oil
20 and gas production facilities. So what kind of
21 construction equipment are we talking about?
22 MR. KAISER: The only construction
23 equipment we're talking about is dirt and hay bales.
24 We're not storing tractors or construction equipment.
25 COMMISSIONER KIRKMEYER: So we just need
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February 21, 2018
1 to have "dirt and hay bales" in your application?
2 MR. KAISER: That's fine.
3 COMMISSIONER KIRKMEYER: We don't need
4 construction production -- "construction equipment"?
5 MR. KAISER: That's correct.
6 COMMISSIONER KIRKMEYER: Okay. And so if
7 your -- okay. I don't really know where your haul route
8 is at this point, just so we're clear. But your haul
9 route, you're proposing that you will water it when
10 you're going to have a lot of trucks on it?
11 MR. KAISER: Correct. We would -- if
12 we're going to have a lot of trucks accessing these
13 locations, we'll maintain water, dust suppression,
14 and/or mag chloride depending on what people want. I
15 mean, we're flexible when it comes to how to maintain
16 the dust.
17 Like I said, we're working with Mike to
18 try to determine what the best solution for that area
19 is, because like I said, we've gotten a lot of
20 conflicting preferences from people, and we just want to
21 put down what people want.
22 I mean, we -- we really want to make sure
23 we fix the problem. I mean, we're not trying to have --
24 have dust be a problem. So we're willing to have that
25 discussion on them, what's the most appropriate thing
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February 21, 2018
1 to -- to meet the community's needs.
2 COMMISSIONER KIRKMEYER: So who's a
3 contact point that the neighborhood could have so
4 they're not calling you, Reed, Mike, or several other
5 people? Because do you have contact point that they
6 could call somebody? Because --
7 MR. KAISER: We do. Almost all the
8 complaints that we get we try to direct toward our
9 Colorado response line.
10 COMMISSIONER KIRKMEYER: I -- that's not
11 my question. I understand what your Colorado response
12 line is, and that doesn't really get it for people. I
13 mean, I've been and I've experienced the wall of dust
14 that happens, because it's a wall. It's like a -- you
15 get a wall of dust, and it can happen for a half hour or
16 it can happen every half hour throughout the whole day
17 kind of thing.
18 So who is a contact point? Do you have
19 someone that they can call -- not your response line,
20 because you're not very responsive on that line, at
21 least that's been my experience and my neighbors'
22 experience. So, do you have somebody that they can have
23 for a contact point, or can we put up signage with a
24 phone number on it so they can call someone directly and
25 say, You missed the mark and you didn't get water out
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February 21, 2018
1 here and you've got a whole bunch of trucks?
2 MR. KAISER: Absolutely. We can provide a
3 contact name for the community and send it to them, mail
4 it to them, email it to them, however they want to
5 receive that.
6 COMMISSIONER KIRKMEYER: All right.
7 Thanks.
8 CHAIR MORENO: Commissioner Conway.
9 MR. KAISER: I'm sorry. Also worth
10 mentioning too is our integrated operation center, which
11 is our -- which is the part of our company that -- that
12 keeps track of all of our wells and operates those
13 remotely, that's in our Platteville office. We're in
14 the process of creating a system where -- where issues
15 with dust get addressed a lot quicker, because it will
16 go through that department instead of our response line.
17 So I mean, as we -- we can provide a
18 temporary contact which can -- which can address things
19 for -- a lot quicker. But eventually, that will go to
20 the IOC, where they're going to start doing a lot more
21 proactive dust suppression even when we don't have
22 traffic. Just, you know, have somebody dedicated to --
23 to driving roads and -- near our activities and figuring
24 out what (indecipherable) done.
25 COMMISSIONER KIRKMEYER: Well, I for one
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1 would like to hear more about that, because I'm just
2 going to say this for the record, over the course of the
3 last three or four years, your company has not been a
4 very good neighbor.
5 And I live in that neck of the woods. I
6 don't live at 18 and 21. I live at 4 and 13 basically,
7 and so I have a pretty good idea of where your drill
8 rigs are and how your operations are.
9 And I'm telling you, I get complaints all
10 the time now about Anadarko, where I didn't get them
11 before. And it's really just occurred over about the
12 last three or four years. And it may not be you, Nate,
13 but I'm telling you, your company is not being a very
14 good neighbor to people.
15 And I'm, for one -- I mean, you can
16 probably hear my frustration. I'm, for one, tired of
17 getting the calls or if I'm out walking on my road or if
18 I'm at a neighbor's house or wherever I'm at, getting
19 the complaints. And it's always about Anadarko.
20 Because the dust is horrendous, the number of trucks is
21 a lot, and your response time from Anadarko has
22 degredated over the last, like I said, about four or
23 five years.
24 It used to be you had people who were out
25 in the field, where we had their cell phone number, and
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1 you could call them directly, and they would take care
2 of the problem, and you don't have that anymore. That's
3 why I told you, my neighbors are like, We call the
4 response line, we get nothing. So they don't call it
5 anymore because they just feel like you're not going to
6 respond anyways. So again, it's not you, but you wanted
7 to make a point on the record. I'm making my point on
8 the record.
9 MR. KAISER: No, and I --
10 COMMISSIONER KIRKMEYER: I'm just not
11 happy, and it really does concern me that you show up
12 with a violation, and now we're -- here we are in the
13 middle of a USR. That doesn't put us in a good
14 position, the Board of County Commissioners in a good
15 position, when we have all of our constituents, our
16 neighbors sitting out in the audience, and it's like,
17 Why do they even get to keep moving forward when they
18 had a violation in the first place?
19 You're a large company. You have to do a
20 lot of permitting. I mean, I guess I just don't buy the
21 excuse of people didn't know that they needed a permit.
22 So I'll just put that on the record.
23 MR. KAISER: You know what, I appreciate
24 that feedback, actually, because that's something that I
25 can bring back and --
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1 COMMISSIONER KIRKMEYER: Well, I've told
2 your bosses.
3 CHAIR MORENO: Okay. I want to
4 move on to Commissioner Conway, and then I'll come back
5 to Commissioner Cozad.
6 COMMISSIONER CONWAY: So I'm more
7 interested in not responding to the problem, but being
8 proactive on the problem. And so how do we get to that
9 point? We've heard members of the public talk about --
10 you know, and you talked a little bit about getting --
11 notifying them ahead of them, getting those water trucks
12 out there or mag chloride, whatever the best source is
13 in terms of that. And there's a difference of opinion,
14 obviously, even from the public, what that best response
15 is.
16 But one recurring thing is that there's
17 this wall of dust. And it impacts not just people. It
18 impacts livestock. It impacts everything. It covers
19 fields. I mean, that wall of dust you've seen if you're
20 out -- you know, it just does that.
21 So how do we -- I mean, I honestly
22 believe, Nate, you're trying to address the problem, and
23 I appreciate that. But how do we ensure that the public
24 that's here today knows through notification, through
25 haul routes, through whatever device we come up with
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1 when we get to deliberation on this, help me understand
2 your suggestions.
3 And I would agree with Commissioner
4 Kirkmeyer. Calling the hotline -- the trucks go by.
5 The dust is flying. It -- is it at that point in time
6 too late to mitigate circumstances? And I know you
7 don't want it to get to that point. So how do we get to
8 that point where we can be proactive and solve the
9 problem before there is a problem?
10 MR. KAISER: So my take on being proactive
11 with that, the first step would be to try to, Number 1,
12 reduce the amount of traffic that's going in there
13 anyway.
14 COMMISSIONER CONWAY: Okay.
15 MR. KAISER: So that was my first
16 suggestion --
17 COMMISSIONER CONWAY: Okay.
18 MR. KAISER: -- was to during times where
19 there's going to be traffic in the mud farm, find a
20 different soil stockpile area somewhere else, and vice
21 versa. If the soil stockpile area is going to be used
22 heavier, then take the mud somewhere else. I mean, to
23 me, that's a very simple step that we can do to -- I
24 mean, just lessen the amount of traffic.
25 You know, we had also discussed, like I
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1 said, with Mike a deeper rototilling of mag chloride, if
2 that's the way to go. It lasts a lot longer. So I
3 think that, you know, that would be something we would
4 consider doing, you know, twice a year or three times a
5 year, depending on how often you do that.
6 I mean, but ultimately, I think not using
7 the sites during the evening hours. And I know that's
8 been proposed either a development standard or a
9 condition of approval. I mean, that's another way of
10 just reducing the amount of time the trucks are on the
11 facility for.
12 So I think a lot of the things that we
13 proposed are I think forward -looking and being proactive
14 instead of necessarily reactive. I mean, I think we're
15 trying to get the traffic less at the site.
16 COMMISSIONER CONWAY: So per Commissioner
17 Kirkmeyer's question about notifying, how do we get the
18 public notified so they know what's coming, they can
19 prepare? You know, somebody can take their horse out on
20 the road, they know there's going to be a lot of volume
21 of traffic that day, or somebody is driving around that
22 can know to expect an increase in flow of traffic?
23 The letter that was given to me talked
24 about -- you know, that intersection and between 18 and
25 20 and 21 by Mr. Charles Baum -- talked a little bit
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1 about the safety concerns in terms of that. So he knows
2 there's going to be a lot of traffic today. I'm 84
3 years old. I probably shouldn't be out on the road.
4 I'll plan that trip to the grocery store tomorrow. See
5 what I'm saying?
6 MR. KAISER: And that's something that
7 should not be hard to address. I mean, all we have to
8 do is look at where our drilling locations are going to
9 be and just let everybody, you know, in our office know
10 that, you know, we need to be giving the community two
11 or three weeks, you know, advanced notice of when we
12 can --
13 COMMISSIONER CONWAY: Is that doable?
14 MR. KAISER: -- (indecipherable) use, and
15 that would give us time to prep the road. That would
16 give us time to answer any questions. That would give
17 us time to, you know, ensure -- to make arrangements to
18 take soil or mud to different locations as well.
19 COMMISSIONER CONWAY: So what I'm hearing
20 you say today is that Anadarko can notify folks two to
21 three weeks ahead of time, let them know there's going
22 to be an increased load of traffic?
23 MR. KAISER: Yes.
24 COMMISSIONER CONWAY: Okay.
25 MR. KAISER: Absolutely.
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1 COMMISSIONER CONWAY: Okay.
2 CHAIR MORENO: Commissioner Cozad?
3 COMMISSIONER COZAD: Thank you. We'll see
4 if my voice will work. You know, kind of following -- I
5 have a couple of things. So following up on some of the
6 discussion with Commissioner Kirkmeyer and Commissioner
7 Conway, you know, you mentioned that you have a list
8 from your community meeting where people signed in. So
9 it's probably additional people even above and beyond
10 where you notified the people than 500 feet. Is it
11 additional folks that are in the area that are on your
12 list?
13 MR. KAISER: Absolutely.
14 COMMISSIONER COZAD: Okay.
15 MR. KAISER: And there's other
16 (indecipherable) people (indecipherable).
17 COMMISSIONER COZAD: I think that would be
18 a nice basis of kind of a communications email blast
19 list or however you're going to communicate to people.
20 Because I do think that would be important. I think
21 working with the neighborhood, if this gets approved,
22 about things that are going on so they're aware, I think
23 that would be -- that would be helpful.
24 And I know as a County, we're having to
25 communicate more and more with the public about things
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1 that we're doing too, and we do a newsletter on
2 transportation projects and things like that. So I
3 think, you know, the more you can communicate with your
4 neighbors, the better.
5 The one question that I actually had for
6 you, and it looks like we have a Development Standard
7 that requires you to have residential noise standards.
8 But I heard from a couple people a couple of times about
9 the beeping trucks or beeping noises during the night at
10 2:00, 3:00 in the morning.
11 Can you address that, and is that more
12 associated with the -- with the oil and gas production
13 areas versus the mud farm, or do you know what that
14 beeping noise is?
15 MR. KAISER: So the beeping noise was -- I
16 mean, probably from all of the above uses on that -- on
17 that parcel. But, you know, I think by, again, you
18 know, limiting the traffic for the mud farm and the soil
19 stockpile area to daylight hours, you're just -- we're
20 not going to have that.
21 The production facility stuff, you know,
22 I -- I don't know all of the maintenance activities that
23 have gone on on those specific wells over the last
24 six months and what other operators are doing
25 maintenance on their own wells. But it's -- it's -- I
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1 mean, I bet a lot of the traffic's coming from the
2 maintenance of the E&P, the wells and production
3 facilities there.
4 COMMISSIONER COZAD: Is there -- I'm just
5 throwing this question out. Just -- I don't know if you
6 have any other options. But is there some signage that
7 you could put out, at least on your E&P sites that say,
8 between, you know, during the nighttime that they -- you
9 know, trucks should just pull -- generally you have like
10 a turn -- you know, a turn in, turn out so they're not
11 having to put their trucks in reverse. But the beeping
12 sound is generally somebody backing up. So is that
13 something that you could limit in the evening -- at the
14 nighttime hours, or do you know?
15 MR. KAISER: Well, I mean, I think the
16 direction that the traffic goes is -- I mean, that's
17 intended to minimize any type of backing up at the
18 facility. I mean, we could put additional signage up on
19 our facility. You know, I don't know if we can have
20 people silence or put some type of mufflers on the
21 reverse beepers. I've done that in some instances.
22 So, I mean, I can absolutely look into
23 figuring out how to, you know, either quiet those down
24 or even figure out where they're from, because since
25 we're not using the site at night or the mud farm or the
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1 soil stock pillar, there shouldn't be a lot of --
2 COMMISSIONER COZAD: That's kind of what I
3 was thinking. That's why I was asking the question.
4 Because generally if the trucks are coming into the E&P
5 site, they're pulling in, they're, you know, picking up
6 oil or water or whatever, and they're -- you know,
7 they're pulling in there, they're doing their thing, and
8 then they're pulling back out. They're not usually
9 going in reverse from my observation at these kind of
10 facilities.
11 MR. KAISER: I want to, you know, mention
12 one last time too that there's quite a few people in the
13 community that we followed up with recently, within the
14 past two weeks that, you know, have noticed a
15 significant improvement.
16 So I understand that, you know, a lot of
17 the folks here today are -- are more impacted just
18 because of their proximity to the site, but there's also
19 a lot of people that previously had been impacted that
20 have noticed an improvement in the location.
21 CHAIR MORENO: Okay.
22 COMMISSIONER COZAD: Okay. That's all the
23 questions I have right now.
24 CHAIR MORENO: Any further
25 questions?
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1 COMMISSIONER KIRKMEYER: I have one.
2 CHAIR MORENO: Commissioner
3 Kirkmeyer.
4 COMMISSIONER KIRKMEYER: Can you tell me
5 what the height of the stockpiled soil is? Like how
6 high do you have to stockpile it?
7 MR. KAISER: It's pretty tall. I mean, I
8 don't -- it's got to be 25 feet tall probably. I mean,
9 that's just a guess. I don't know.
10 COMMISSIONER CONWAY: Yeah, back -- right
11 there.
12 COMMISSIONER COZAD: It's probably 30 feet
13 maybe, I'm guessing.
14 COMMISSIONER CONWAY: 25?
15 COMMISSIONER COZAD: 25? 30?
16 COMMISSIONER CONWAY: Yeah.
17 CHAIR MORENO: I'm sorry. We
18 closed public comment already. Sorry.
19 All right. Well, Nathan, I'm going to
20 bring it back to you here on this. You've seen the --
21 you've read through the Development Standards and the
22 Conditions and everything. It's in there right now, and
23 we'll bring it back to the Board and have further
24 discussion. Is there anything at this point right now
25 what's in there that you'd like us to reconsider or take
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1 a look at there at or add or --
2 MR. KAISER: You know, the only thing -- I
3 don't have the Development Standards right in front of
4 me. But the only thing that I'd like to, like I said,
5 address is that we can't control other operators coming
6 in the middle of the night to maintain their -- their
7 production facility and their wells.
8 You know, and we -- we do try for our E&P
9 operations, our well and production facilities, we do
10 try to work on those as much as possible during the day.
11 But there are specific instances where maintenance has
12 to happen at night for safety reasons. And that's on
13 the wells, not the mud farm, not the soil stockpile.
14 That's specifically for the --
15 COMMISSIONER FREEMAN: Which is separate.
16 MR. KAISER: Correct.
17 CHAIR MORENO: Okay. So -- so with
18 that, if the Board does go into discussion to look at
19 maybe approving this here, do you agree to follow all
20 the Conditions of the Development Standards that are put
21 in there?
22 MR. KAISER: I do.
23 CHAIR MORENO: You affirm to that?
24 Okay. All right. And I want to bring it back for
25 discussion to the Board.
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1 COMMISSIONER COZAD: Well --
2 CHAIR MORENO: Commissioner Cozad?
3 COMMISSIONER COZAD: -- I don't really
4 have -- I don't really have any changes. I think one of
5 the things that I wanted to bring up is on Number 1.C,
6 which is on page 5, we are requiring an improvements
7 agreement and road maintenance agreement. So those
8 things can address a plan for dust control, working with
9 our Public Works Department.
10 It also has specified -- you know, they
11 can look at specified haul routes and future traffic
12 triggers. I don't know if we need to give specific
13 direction, but that's kind of the purpose of the
14 improvements and road maintenance agreement, is the
15 applicant sits down with our Public Works Department.
16 Actually, as the Public Works coordinator
17 this year, one of the things I think we need to address
18 is the way we're grading our roads out there,
19 so I think that's separate from this issue. And I'll
20 bring that up with Public Works.
21 But I just wanted to bring that fact to
22 the Board's attention, that that improvements and road
23 maintenance agreement will come back in front of us, and
24 it does address all those things. Tracking control
25 seems to be something, I don't know, maybe needed, but,
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1 you know, you're going from a dirt road to a dirt road.
2 So just like the day at least Chris was out there was
3 pretty muddy, but then I'm also hearing that there's a
4 lot of dust out there, which happens on dirt roads.
5 But I think, you know, if the applicant
6 would work with our Public Works Department on a plan
7 for dust control, I think that will be a part of this
8 agreement. And if it's water or if it's twice a year
9 mag chloride or whatever that might be, there may even
10 be some additional options that -- like some of the dust
11 control that we use on our -- our own county roads are a
12 different type of material.
13 So I'm confident that if this gets
14 approved that the improvements and road maintenance
15 agreement will address a lot of the concerns we heard
16 today.
17 CHAIR MORENO: Can I get -- I'm
18 going to ask a question that ties in with the road
19 maintenance with Evan. There was a lot of questions
20 about the width of this -- the cars not being able to go
21 around there. Well, what is the width right now on that
22 county road?
23 MR. PINKHAM: I think the width was talked
24 about on County Road 21, especially. But typical road
25 width for the gravel roads is about 22 feet, 24 feet,
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1 somewhere in that range. But I'm not exactly sure
2 what -- what that would be on County Road 21.
3 We always ensure that there's enough space
4 for, you know, two traveling vehicles, two semis. So I
5 couldn't give you an exact on what those roads are at
6 right now, but that's kind of our typical.
7 CHAIR MORENO: Okay. Thank you.
8 I'm going to go to Commissioner Freeman and then
9 Commissioner Kirkmeyer.
10 COMMISSIONER FREEMAN: Well, going back
11 one, I think on 1.A, I think we need to put "attempt to
12 address" on the comments from Fort Lupton.
13 COMMISSIONER KIRKMEYER: What did they ask
14 for?
15 COMMISSIONER FREEMAN: That -- they asked
16 for three annexation.
17 COMMISSIONER KIRKMEYER: Okay.
18 COMMISSIONER FREEMAN: So I think we need
19 to put "attempt to address."
20 COMMISSIONER CONWAY: I would agree.
21 CHAIR MORENO: Okay. Everybody
22 okay with that?
23 COMMISSIONER CONWAY: Yes.
24 CHAIR MORENO: All right.
25 Commissioner Freeman, anything else?
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1 COMMISSIONER FREEMAN: I'm okay with that.
2 CHAIR MORENO: Okay. Commissioner
3 Kirkmeyer?
4 COMMISSIONER KIRKMEYER: Sure. So on 1.C,
5 the road improvements agreement, I'd like as we -- I
6 think we discussed this in our work session when we were
7 trying to update our improvements agreement that there
8 needs to be a review and possible revision at least on
9 an annual basis.
10 COMMISSIONER CONWAY: Sure. I'm fine with
11 that.
12 COMMISSIONER COZAD: Me too.
13 COMMISSIONER KIRKMEYER: So that needs to
14 be added in there. Because we could make revisions
15 based on where activity is occurring, and it sounds like
16 your haul route is a moving target.
17 Also, in the -- I asked this question, so
18 in the application where it says that it's for
19 construction equipment for off -site well locations and
20 associated oil and gas production facilities, I believe
21 the applicant said they were willing to delete that.
22 COMMISSIONER CONWAY: Okay.
23 CHAIR MORENO: Everybody okay with
24 that?
25 COMMISSIONER KIRKMEYER: I would like to
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February 21, 2018
1 have that deleted.
2 COMMISSIONER CONWAY: On which one?
3 COMMISSIONER KIRKMEYER: It was stated --
4 it's on the --
5 COMMISSIONER COZAD: It's in the
6 resolution.
7 COMMISSIONER CONWAY: It's in
8 the resolution?
9 COMMISSIONER COZAD: In the title.
10 COMMISSIONER CONWAY: Oh, I'm sorry.
11 Thank you.
12 COMMISSIONER KIRKMEYER: So I believe the
13 applicant said that they were stockpiling soil and hay
14 bales, and that's what it's for.
15 COMMISSIONER COZAD: Can I just maybe make
16 a clarification there? I think what he just said is
17 there's not going to be any construction equipment, but
18 I do think we need to leave the words "for off -site well
19 locations and associated oil and gas production
20 facilities," because the hay bales and the soil are
21 generally for off -site. They're not for --
22 COMMISSIONER FREEMAN: Yeah, I think you
23 need to just take out (indecipherable).
24 COMMISSIONER KIRKMEYER: The hay bales are
25 probably (indecipherable), right?
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1 COMMISSIONER COZAD: I just -- you just
2 want to take off "and construction equipment"?
3 COMMISSIONER KIRKMEYER: So there's
4 storage and stockpile area for soil and hay bales --
5 CHAIR MORENO: Or off -site well
6 locations?
7 COMMISSIONER CONWAY: I think you --
8 COMMISSIONER KIRKMEYER: Yes.
9 CHAIR MORENO: We're just taking
10 out --
11 COMMISSIONER KIRKMEYER: The "construction
12 equipment."
13 COMMISSIONER CONWAY: Yes.
14 COMMISSIONER COZAD: Anywhere where it's
15 referenced?
16 COMMISSIONER CONWAY: Yes. Okay.
17 COMMISSIONER KIRKMEYER: Okay. Well,
18 then, if that's the case, I don't think 1.D is necessary
19 anymore, which requires a screening plan --
20 COMMISSIONER CONWAY: I agree.
21 COMMISSIONER KIRKMEYER: -- for the hay
22 bale -- or for everything except for the hay bales or
23 soil, because that's the only thing going to be there.
24 COMMISSIONER CONWAY: Yep.
25 COMMISSIONER FREEMAN: Yep.
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1
2
3
February 21, 2018
COMMISSIONER CONWAY: I would agree.
COMMISSIONER COZAD: I agree too.
COMMISSIONER KIRKMEYER: Okay. On the --
4 so on the Development Standards, Number 1, we need to
5 remove "the construction equipment" there.
6 COMMISSIONER CONWAY: Uh-huh.
7 COMMISSIONER COZAD: Can we back up?
8 COMMISSIONER KIRKMEYER: Sure.
9 COMMISSIONER COZAD: Back to page 5, is
10 there a screening required anywhere else, or it was just
11 that --
12 COMMISSIONER KIRKMEYER: Oh, the screening
13 plan, so 6.
14 COMMISSIONER COZAD: So maybe 6? We can
15 take that off too.
16 COMMISSIONER KIRKMEYER: There is no
17 screening plan anymore.
18 COMMISSIONER FREEMAN: Yeah. So
19 Development Standard Number 6.
20 COMMISSIONER KIRKMEYER: F-6.
21 COMMISSIONER COZAD: No, not --
22 COMMISSIONER CONWAY: F-6.
23 COMMISSIONER KIRKMEYER: Yeah.
24 Conditions?
25 CHAIR MORENO: Okay. Now on to
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1 page 6.
2 COMMISSIONER KIRKMEYER: The development
3 standards?
4 CHAIR MORENO: Uh-huh.
5 COMMISSIONER KIRKMEYER: On to the
6 development standards? I didn't have any
7 (indecipherable).
8 CHAIR MORENO: Are we done? Move
9 on to the development standards?
10 COMMISSIONER CONWAY: I'm done. Yeah.
11 CHAIR MORENO: Okay. All right.
12 On to the development standards.
13 COMMISSIONER KIRKMEYER: Okay. So under
14 Number 1, we need to remove "the construction
15 equipment."
16 COMMISSIONER CONWAY: Yep.
17 COMMISSIONER KIRKMEYER: All right. Then
18 on Number 3, I don't know what the emergency would be
19 for.
20 COMMISSIONER CONWAY: Yeah, that's one I
21 have (indecipherable).
22 COMMISSIONER KIRKMEYER: So I would like
23 that deleted. I mean, going to the well sites is
24 different. That's not even covered in this USR. Those
25 are Use by Right and they can access their -- the well
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1 sites, because they all do whenever they need to.
2 COMMISSIONER CONWAY: I was looking for an
3 explanation of what an emergency was from the applicant.
4 COMMISSIONER COZAD: That's what I was
5 going to ask too.
6 COMMISSIONER KIRKMEYER: So they can
7 access this site for soil --
8 COMMISSIONER CONWAY: Wells.
9 COMMISSIONER KIRKMEYER: -- and hay bales?
10 COMMISSIONER CONWAY: I was going to ask
11 the applicant what (indecipherable).
12 MR. KAISER: Well, the emergencies I was
13 referring to was for the production facilities. But one
14 other emergency that came up, which is not a frequent,
15 normal thing, but we had hay bales -- we had these
16 stored at one location throughout the county, and there
17 were significant thunderstol ms. And we were scared of
18 having -- of losing literally every hay bale we had
19 because of a lightning strike.
20 So we did move them. And that -- the
21 moving of those occurred, you know, all hours of the
22 night as well. That's not a normal type of emergency,
23 but that was just an example of an emergency that
24 necessitated the use of that site in the middle of the
25 night.
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1 CHAIR MORENO: So are we taking
2 "emergency" out, or what are we --
3 COMMISSIONER KIRKMEYER: So first of all,
4 I thought you said the production facilities weren't
5 yours.
6 COMMISSIONER COZAD: He said some of them.
7 MR. KAISER: Some of them.
8 COMMISSIONER KIRKMEYER: Oh, okay. So
9 there might be an emergency for -- that you'd need to
10 access the production facilities outside of the hours
11 between 7:00 a.m. to 6:00 p.m.?
12 MR. KAISER: No. The emergency would -- I
13 mean, we're okay not accessing the site, the mud farm
14 part of the site or the soil stockpiling area of the
15 site during -- outside of those hours.
16 CHAIR MORENO: Okay.
17 COMMISSIONER CONWAY: Okay.
18 CHAIR MORENO: Everybody okay with
19 that?
20 COMMISSIONER COZAD: Sure.
21 CHAIR MORENO: Okay.
22 COMMISSIONER KIRKMEYER: Okay. And then
23 Number 4, what parking area? What is that for?
24 MR. GATHMAN: Yeah, I would remove that.
25 COMMISSIONER KIRKMEYER: Okay. And then
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1 the existing -- on Number 6, the existing screening and
2 berming on the south side, what is that for?
3 MR. GATHMAN: I think that was more tied to
4 if they were going to have equipment out there. So --
5 COMMISSIONER KIRKMEYER: But now that
6 there's no equipment, it doesn't need to be there?
7 CHAIR MORENO: Take that out?
8 MR. GATHMAN: Yeah.
9 COMMISSIONER KIRKMEYER: Okay. And so I
10 guess you're not -- whatever. I guess 20 is probably
11 okay.
12 So the other thing is that -- if I can get
13 some assistance here on whether or not it's a
14 Development -- I believe it's a Development Standard and
15 not a Condition, but I guess I would like a sign,
16 signage posted with the contact information on it.
17 COMMISSIONER CONWAY: I'm good with that.
18 So would that be --
19 COMMISSIONER KIRKMEYER: It's similar to
20 what we've done to other -- done with the other ones.
21 Is that a Development Standard?
22 COMMISSIONER CONWAY: Would that be 33?
23 COMMISSIONER COZAD: I think so. It maybe
24 could even be included under Number 5.
25 COMMISSIONER CONWAY: Okay.
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1 UNKNOWN MALE: Are you looking at --
2 COMMISSIONER KIRKMEYER: It's kind of
3 different. No, let's just make a new --
4 COMMISSIONER COZAD: A new one?
5 COMMISSIONER CONWAY: 33?
6 COMMISSIONER KIRKMEYER: Let's just put it
7 in where 6 was.
8 COMMISSIONER CONWAY: Okay. That's good.
9 COMMISSIONER KIRKMEYER: And that does --
10 there's, I don't know, signage is required to include
11 points of contact, and it has to be kept up to date.
12 COMMISSIONER CONWAY: Yep. I'm good with
13 that.
14 COMMISSIONER COZAD: Do you want those at
15 both end -- both access points, one at each one?
16 COMMISSIONER KIRKMEYER: It just needs to
17 be clearly put on the property someplace so people can
18 go find it.
19 COMMISSIONER COZAD: Okay.
20 CHAIR MORENO: Okay.
21 COMMISSIONER KIRKMEYER: And then the
22 other thing is the communication to the people. So I
23 don't know if you're talking about they have to develop
24 an electronic newsletter or what they're doing here, but
25 I don't know how they're going to get that done. What
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1 if somebody moves in new? How do they get that done? I
2 think that should be on here because they said they were
3 going to do it. That was part of your comments.
4 UNKNOWN FEMALE: Uh-huh.
5 COMMISSIONER CONWAY: Yeah, I'd look to
6 the applicant.
7 MR. KAISER: Yeah, we would use -- we
8 would just use the current Weld County Assessor records
9 to send them out to everybody.
10 COMMISSIONER CONWAY: And you'd update it
11 on an annual basis?
12 MR. KAISER: It would be updated on
13 (indecipherable) --
14 COMMISSIONER KIRKMEYER: So we should just
15 have a communication plan for the neighbors or
16 something?
17 COMMISSIONER COZAD: That's a good -- I
18 think -- I like that idea. It can change.
19 COMMISSIONER KIRKMEYER: How about we put
20 it in here someplace that it's -- it's needed to have a
21 communication plan --
22 COMMISSIONER CONWAY: Okay.
23 COMMISSIONER KIRKMEYER: -- to the
24 surrounding community?
25 COMMISSIONER CONWAY: Sounds good.
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February 21, 2018
1 COMMISSIONER COZAD: That can be a
2 condition of approval, because --
3 COMMISSIONER KIRKMEYER: Great.
4 COMMISSIONER COZAD: -- it needs to be
5 updated --
6 COMMISSIONER KIRKMEYER: Annually.
7 COMMISSIONER COZAD: -- annually.
8 COMMISSIONER CONWAY: Well, he says he's
9 going to do it, yeah, at least annually. But he says
10 he's going to do it even more. So --
11 COMMISSIONER KIRKMEYER: Well --
12 COMMISSIONER CONWAY: But annually is
13 good. Annually is good.
14 COMMISSIONER COZAD: So they need to
15 develop a communications plan.
16 COMMISSIONER CONWAY: Yeah. I'm good.
17 COMMISSIONER KIRKMEYER: All right. And
18 so then we are anticipating in the road improvements
19 agreement there will be a water -- watering plan or mag
20 chloride in some areas, because some of the people I
21 heard said they didn't want mag chloride, was the first
22 young woman.
23 COMMISSIONER CONWAY: Right, yes.
24 COMMISSIONER KIRKMEYER: I don't know that
25 the water is going to cover it, but whatever. But that
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February 21, 2018
1 would all be in the improvements agreement, correct?
2 COMMISSIONER COZAD: Yeah. It just talks
3 about dust control.
4 COMMISSIONER CONWAY: Yeah.
5 COMMISSIONER COZAD: So I think that, you
6 know, they can put a plan together that addresses dust
7 control. And like I was saying, I think our Public
8 Works Department has been using some other material
9 other than mag chloride even. So there may be some
10 options for Anadarko to, you know, instead of mag
11 chloride use some other type of material that might make
12 everybody happy. So I just think they can work that out
13 through the improvements agreement.
14 COMMISSIONER CONWAY: I agree.
15 COMMISSIONER KIRKMEYER: And what if the
16 Public Works Department determines that -- what's that
17 special treatment that we're doing now? It's almost
18 like a concrete base in the road instead of just gravel?
19 That also can be in the improvements agreement --
20 UNKNOWN FEMALE: Yeah.
21 COMMISSIONER KIRKMEYER: -- for
22 improvements?
23 COMMISSIONER FREEMAN: There's lots of
24 new options.
25 COMMISSIONER KIRKMEYER: Because the
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February 21, 2018
1 eroding of the road is a really huge issue. But
2 remember when we did it up north where Noble was?
3 UNKNOWN MALE: Do you know what it is, Evan?
4 MR. PINKHAM: Yeah.
5 COMMISSIONER KIRKMEYER: What's it called?
6 MR. PINKHAM: Concrete improvement that we
7 rotomill in.
8 COMMISSIONER FREEMAN: They did it on 129,
9 127 up there.
10 MR. PINKHAM: CTB.
11 COMMISSIONER KIRKMEYER: CTB.
12 MR. PINKHAM: Thank you.
13 COMMISSIONER KIRKMEYER: So do we need to
14 put that in here, that they may be included in the road
15 Improvements Agreement?
16 MR. GATHMAN: We can just include it in
17 the Improvements Agreement.
18 COMMISSIONER KIRKMEYER: Because if we see
19 that there's a large number of -- a large volume of
20 trucks who are using the roadway in a very short,
21 specific time period, they'll cream the road. They
22 already have.
23 MR. PINKHAM: Right.
24 COMMISSIONER KIRKMEYER: Because it's
25 sandy soil out there. So that's part of the other
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February 21, 2018
1 issue.
2 MR. PINKHAM: And I know that the
3 applicants talked to Mike Livengood about adding
4 recycled asphalt, RAP, to the --
5 COMMISSIONER KIRKMEYER: The -- so maybe
6 do we need to make sure that that kind of information is
7 included in the Improvements Agreement in any condition
8 or no?
9 COMMISSIONER COZAD: I have a suggestion.
10 COMMISSIONER KIRKMEYER: Okay.
11 CHAIR MORENO: Commissioner.
12 COMMISSIONER COZAD: I think we could put
13 something in here that "methods may include like CTB or
14 recycled asphalt or whatever." But the thing is, is I
15 think Mike's already working with the applicant on that.
16 So I think you could put something in there about
17 "Improvements and road maintenance methods shall be
18 included in the Road Improvement Agreement."
19 COMMISSIONER KIRKMEYER: That would be
20 great.
21 COMMISSIONER COZAD: But they can work it
22 out.
23 UNKNOWN MALE: That's --
24 COMMISSIONER KIRKMEYER: I just don't want
25 it to be limited to that everybody thinks it's only
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February 21, 2018
1 going to be water or mag chloride. There's a lot of
2 different methods.
3 COMMISSIONER CONWAY: (Indecipherable.)
4 COMMISSIONER COZAD: I agree. I agree.
5 COMMISSIONER KIRKMEYER: So that's why I'm
6 just making sure that we -- we all have an understanding
7 that it could mean some other things.
8 COMMISSIONER CONWAY: Yeah.
9 COMMISSIONER KIRKMEYER: Other than just
10 water or mag chloride, it could be the CBT or it could
11 be the -- is it CTB or --
12 COMMISSIONER COZAD: CTB.
13 COMMISSIONER KIRKMEYER: Concrete
14 treatment base? Is that what it stands for?
15 COMMISSIONER COZAD: Yeah.
16 COMMISSIONER KIRKMEYER: Or it could be
17 recycled asphalt.
18 COMMISSIONER COZAD: Or it could be
19 something else.
20 COMMISSIONER KIRKMEYER: Okay. I just
21 want to make sure that that's clear.
22 CHAIR MORENO: Okay. Anything
23 else? Mr. Choate.
24 MR. CHOATE: Mr. Chair, just for Esther's
25 clarification on that 1.C previously, we talked about an
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February 21, 2018
1 annual review, and I was suggesting language, "The
2 agreement will include annual review to update
3 designated haul routes as needed." Does that address
4 that concern?
5 COMMISSIONER KIRKMEYER: Well, and just
6 the Improvements Agreement as a whole. Because it may
7 be that they increase traffic to the site, and that's
8 when the CTB needs to be applied or the recycled asphalt
9 needs to be applied. So it's not just about the haul
10 routes. It's the whole agreement that needs to be
11 reviewed on an annual basis. Similar to like what we do
12 with the gravel operations over there by Del Camino
13 where we meet with them annually and we go through and
14 talk about what they're going to be doing. Right?
15 CHAIR MORENO: So what she has up
16 there, we --
17 COMMISSIONER KIRKMEYER: I think it gets
18 us close, and then we can revise the language if we need
19 to. But it's basically an annual review --
20 COMMISSIONER CONWAY: I like the dot, dot,
21 dot.
22 COMMISSIONER FREEMAN: I don't think you
23 need to say "include anything." I think just an annual
24 (indecipherable).
25 COMMISSIONER KIRKMEYER: Annual review
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February 21, 2018
1 with possible revisions or updates or something.
2 COMMISSIONER CONWAY: Yeah.
3 CHAIR MORENO: Okay.
4 COMMISSIONER CONWAY: Update. There you
5 go.
6 COMMISSIONER KIRKMEYER: Perfect.
7 COMMISSIONER COZAD: Based on -- I don't
8 know. I --
9 COMMISSIONER FREEMAN: Just an annual --
10 MR. CHOATE: Facility traffic.
11 COMMISSIONER CONWAY: Annual review.
12 COMMISSIONER COZAD: Just possible
13 updates.
14 COMMISSIONER KIRKMEYER: Yeah.
15 COMMISSIONER COZAD: Okay. Chris has a
16 question.
17 MR. GATHMAN: I'm just wondering, because
18 we have the Improvements Agreement, we have the
19 Condition of Approval. Do we also want to maybe place a
20 Development Standard, because that's talking about
21 ongoing review --
22 COMMISSIONER KIRKMEYER: Yeah.
23 MR. GATHMAN: -- you know, on an annual
24 basis. So you'd have a --
25 COMMISSIONER KIRKMEYER: Good idea.
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February 21, 2018
1 MR. GATHMAN: Okay.
2 UNKNOWN MALE: (Indecipherable.)
3 COMMISSIONER KIRKMEYER: Do we need one
4 for the communication plan as well?
5 COMMISSIONER COZAD: Yeah, probably.
6 UNKNOWN MALE: Yes.
7 COMMISSIONER COZAD: Just a reminder,
8 it's -- a note on the plat, so --
9 CHAIR MORENO: Okay. Evan, do you
10 have something to add? Okay. All right.
11 All right. Let's go back to the
12 resolution, the first part, and we're going to ask the
13 applicant to follow along with here, and I'll see --
14 COMMISSIONER KIRKMEYER: Are you going to
15 let them add those two Development Standards, right?
16 MR. GATHMAN: Yeah, we can --
17 COMMISSIONER COZAD: Towards the top.
18 COMMISSIONER KIRKMEYER: I think you
19 should probably make a new Number 18 about the
20 Improvements Agreement and the annual review, because it
21 kind of goes -- because that's where we talk about
22 impacts to the road and then no parking, or whatever
23 number it ends up being.
24 And the other one -- because I think we
25 filled in Number 6 with the contract -- or with the
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February 21, 2018
1 contact on the signage. Maybe that's where there's the
2 Development Standard that they have to ensure compliance
3 to the communication plan. And then everything's going
4 to need to be renumbered.
5 COMMISSIONER CONWAY: Yeah.
6 CHAIR MORENO: Esther, I don't know
7 how you do it.
8 COMMISSIONER COZAD: I know. I'm
9 confused.
10 MR. GATHMAN: Shall be reviewed on an
11 annual basis.
12 MS. GESICK: (Indecipherable.)
13 COMMISSIONER KIRKMEYER: I think that was
14 just in the condition.
15 MS. GESICK: Okay.
16 CHAIR MORENO: And that will be a
17 new 18, right? Yeah. All right. Now we're ready? Is
18 there anything else? Okay. I'm going to ask the
19 applicant to follow along. And I guess all Board
20 members, stop me if we're past something that -- we had
21 several changes.
22 So on the resolution, we are going to take
23 out "and construction equipment." Okay? And we're
24 going to page 5, and we're going to add in "shall
25 attempt" right there on 1.A. Okay?
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February 21, 2018
1 Then on C, we're going to add in the --
2 the agreement will be -- will include "annual review
3 with possible updates." Okay?
4 And then on D, we're going to delete the
5 first part out and we're going to add in, "The applicant
6 shall develop a Communications Plan to be submitted to
7 the Department of Planning Services after construction
8 with area property owners. Such Communications Plan
9 shall be updated on an annual basis."
10 COMMISSIONER CONWAY: Okay.
11 CHAIR MORENO: And then down on
12 Number 6, on that page, we're going to delete that out.
13 Anything else? We're going to go over to the
14 Development Standards and we're going to start with
15 Number 1.
16 COMMISSIONER COZAD: Excuse me.
17 CHAIR MORENO: Bless you.
18 COMMISSIONER KIRKMEYER: I'm sorry. Where
19 did we add in the Communication Plan in the Conditions
20 of Approval?
21 COMMISSIONER COZAD: We never --
22 COMMISSIONER FREEMAN: It was --
23 COMMISSIONER KIRKMEYER: Did you say that
24 one already?
25 CHAIR MORENO: Yes.
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February 21, 2018
1 COMMISSIONER KIRKMEYER: Okay. I'm sorry.
2 CHAIR MORENO: I just read it.
3 COMMISSIONER KIRKMEYER: Sorry. My head
4 hurts.
5 COMMISSIONER COZAD: That's the new D.
6 CHAIR MORENO: It's the new D.
7 Okay. There it is. So now we'll go to the development
8 standards. And Number 1, again, now, we're going to
9 take out "and construction equipment." Okay. On
10 Number 3, we're going to take out this last -- the
11 second sentence there, okay, and delete that out.
12 Then, next I have that we're going to add a
13 new Number 6, and that's going to be signage as required
14 to include comment -- points of contact. Okay. That's
15 it for that page. Okay. And (indecipherable)?
16 COMMISSIONER COZAD: To be reviewed on an
17 annual basis.
18 COMMISSIONER CONWAY: Yeah.
19 CHAIR MORENO: Okay. All right.
20 Is there anything else on that page? Then on page 2, we
21 are going to add a new Number 18, and that will be the
22 Improvements and Road Maintenance Agreement with "shall
23 be reviewed on an annual basis with possible updates."
24 Is that it?
25 COMMISSIONER CONWAY: Yep.
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February 21, 2018
1 CHAIR MORENO: Okay. Now, Nathan,
2 you've followed along with us and with all the changes
3 with the Conditions and Development Standards. Do you
4 affirm today and -- that your company will agree to
5 comply with everything that's been presented here in the
6 Conditions and the Development Standards?
7 MR. KAISER: I do.
8 CHAIR MORENO: Okay. I will bring
9 it back to the Board.
10 COMMISSIONER KIRKMEYER: Okay.
11 Mr. Chairman, I would move that we approve the
12 Site Specific Development Plan and Use by Special Review
13 Permit, USR17-0046, for an Oil and Gas Support and Service
14 Facility, specifically storage and stockpile area for
15 soil and hay bales for off -site well locations and
16 associated oil and gas production facilities, in the
17 A (Agricultural) Zone District, for Anadarko E&P Company,
18 LP, care of Kerr-McGee Oil and Gas Onshore, LP, to
19 include all of the Conditions of Approval and
20 Development Standards as amended herein today and
21 agreed upon by the applicant.
22 COMMISSIONER FREEMAN: Second.
23 CHAIR MORENO: Moved by
24 Commissioner Kirkmeyer, seconded by Commissioner
25 Freeman, to approve USR17-0046. Is there any further
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February 21, 2018
1 discussion? All in favor, aye.
2 MULTIPLE SPEAKERS: Aye.
3 CHAIR MORENO: Opposed? Motion
4 approved.
5 With that, we'll end our land use cases at
6 12:29.
7 (End of audio recording.)
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DausteriMurphy 303-522-1604
CERTIFICATE
STATE OF COLORADO)
) ss
COUNTY OF WELD)
I, Esther E. Gesick, Clerk to the Board of Weld County Commissioner and
Notary Public within and for the State of Colorado, certify the foregoing transcript
of the digitally recorded proceedings, In re: A SITE SPECIFIC DEVELOPMENT
PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0046, FOR AN OIL AND
GAS SUPPORT AND SERVICE FACILITY (STORAGE AND STOCKPILE AREA
FOR SOIL AND HAY BALES FOR OFF -SITE WELL LOCATIONS AND
ASSOCIATED OIL AND GAS PRODUCTION FACILITIES) IN THE
A (AGRICULTURAL) ZONE DISTRICT-ANADARKO E & P COMPANY, LP, O/O
KERR MCGEE OIL AND GAS ONSHORE, LP, before the Weld County Board of
County Commissioners, on Wednesday, February 21, 2018, and as further set
forth on page one. The transcription, dependent upon recording clarity, is true and
accurate with special exceptions(s) of any or all precise identification of speakers,
and/or correct spelling or any given/spoken proper name or acronym.
Dated this 27th day of December, 2018.
eatt,t,-kcieda
Esther E. Gesick, Notary
Weld County Clerk to the Board
ESTHER E. GESICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974016478
MY COMMISSION EXPIRES SEPT. 29, 2021
ORIGINAL
CERTIFIED COPY ( )
STATE OF COLORADO)
SS
COUNTY OF WELD )
CLERK TO THE BOARD
PHONE: (970) 400-4225
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of
Weld, State of Colorado, do hereby certify that the attached copy of the Transcript for
USR17-0046, approved February 21, 2018, is a duplicate of the original 107 -page Transcript on
file in the Weld County Clerk to the Board's office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at Greeley, Colorado, this 27th day of December, 2018.
LERK TO THE BOARD
Transcript Log
Esther E. Gesick, Clerk to the Board
1150 O Street, Greeley, Colorado 80631
(970) 400-4226 / egesick@weldgov.com
February 21, 2018, Hearing Transcript re: USR17-0046 — Dennis Neal (prepared by
Dauster/Murphy and certified by Esther E. Gesick, Weld County Clerk to the Board)
Time
Case File Certification 1.0 hr X $0.00
Transcript Certification 1.75 hrs X 3 X $60.00
+ Transcriptionist estimated fees
ESTIMATE TOTAL:
Case File Certification 1.0 hr X $0.00
Transcript Certification 2.25 hrs X $60.00
+ Transcriptionist estimated fees
ACTUAL TOTAL:
Date
Logged
11:30-12:30 p.m.
8:15-9:30 p.m.
12/21/18
12/27/18
TOTAL:
1.0 hrs
1.25 hrs
2.25 HRS
$ 0.00
$ 315.00
$ 625.00
$ 940.00
$ 0.00
$ 135.00
$ 636.25
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue, P.O. Box C, Greeley, CO
80632, Phone Number: (970) 475-2400 DATE
CASE
�'TLED: November 26, 2018 9:31 AM
NUMBER: 2018CV30345
Case Number: 2018CV030345
Division: 5
Plaintiff:
DENNIS NEAL
v.
Defendants:
THE BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO; ANADARKO E&P
COMPANY, LP; KERR-MCGEE OIL AND GAS
ONSHORE, LP
ORDER GRANTING EXTENSION OF TIME TO FILE CERTIFIED RECORD
THE COURT, being informed of the relevant facts and law, hereby GRANTS Defendant Weld
County's Motion for Extension of Time to File Certified Record. Such deadline shall be
extended up to and including December 28, 2018.
SO ORDERED.
DISTRICT COURT JUDGE
DISTRICT COURT, WELD COUNTY, COLORADO
901 9th Avenue
Greeley, CO 80631
DATE FILED: July 12, zuio .S:GU YNl
CASE NUMBER: 2018CV30345
♦ COURT USE ONLY •
Plaintiff: Dennis Neal
vs.
Defendants: Board of County Commissioners of
Weld County, Colorado; Anadarko E&P Company,
LP; Kerr-McGee Oil and Gas Onshore, LP.
Case Number: 2018CV30345
Div.: 5
ORDER RE: CERTIFICATION OF ADMINISTRATIVE RECORD PURSUANT TO
C.R.C.P. 106(a)(4)(III)
THIS MATTER, having come before the Court on Plaintiff's Motion for Order Requiring
Certification of Administrative Record Pursuant to C.R.C.P. 106(a)(4)(III) (the "Motion"), and
this Court, being fully advised:
HEREBY ORDERS that Defendant the Board of County Commissioners of Weld County
shall file with the clerk of this Court a complete copy of the record pertaining to its decision to
approve the Application identified as Case # USR17-0046 and further described in Paragraph 1 of
the Motion, including:
a. The complete Application, including all application documents,
attachments, exhibits, and any other papers presented to or considered by BOCC;
b. All documents created by or otherwise gathered, generated, or considered
by BOCC with respect to consideration of the Application;
c. Copies of any and all correspondence, publication, or notices of the public
hearing on the Application before the BOCC on February 21, 2018;
d. All correspondence submitted to, received, or considered by the BOCC at
the public hearing on February 21, 2018;
{00595370.DOCX / 1 }
e. A transcript of any BOCC hearing addressing the Application;
f. All exhibits offered, received, and/or accepted into evidence at or in regard
to the public hearing listed in subsections (c) -(e), above;
g. All materials incorporated by reference at the public hearing listed in
subsections (c) -(e), above, including all staff reports, meeting minutes, miscellaneous reports,
public testimony, commissioners' comments;
h. The Weld County Charter and Chapters 1, 2, 22, and 23 of the Weld County
Municipal Code in effect from the time the Application was filed until the BOCC approved it;
i. A certificate of authenticity of the foregoing.
Plaintiff shall advance the cost of the record pursuant to C.R.C.P. 106(a)(4)(IV).
All of the foregoing filings shall be completed on or before forty-five (45) days from the
date the case is at issue.
Dated this 12th day of July , 2018.
BY THE COURT:
(
{00595370.DOCX / 1 }
-2-
STATE OF COLORADO)
SS
COUNTY OF WELD )
CLERK TO THE BOARD
PHONE: (970) 400-4225
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of
Weld, State of Colorado, do hereby certify that the attached copy of the case file for USR17-0046,
approved February 21, 2018, is a duplicate of the original Resolution and official records on file
in the Weld County Clerk to the Board's office.
Commissioner Resolution - p. 1
Planning Commission Resolution and Minutes - p. 11
Planning Staff Comments - p. 23
Legal Notices - p. 38
Application - p. 45
Referrals, No Comments — p. 180
Referrals, With Comments — p. 185
Maps — p. 194
Deeds — p. 200
Surrounding Property Owners — p. 222
Exhibits, Planning Commission — p. 228
Exhibits, Commissioners — p. 279
Hearing Certification - p. 334
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at Greeley, Colorado, this 29th day of October, 2018.
Zatitc.de.a#4c,6
CLERK TO THE BOARD
STATE OF COLORADO)
SS
COUNTY OF WELD )
CLERK TO THE BOARD
PHONE: (970) 400-4226
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of
Weld, State of Colorado, do hereby certify that the attached 547 pages are true and correct copies
of the online version (Supplement 55) of the Weld County Home Rule Charter, Chapter 1 —
General Provisions, Chapter 2 — Administration, Chapter 22 — Comprehensive Plan, and
Chapter 23 - Zoning, of the Weld County Code.
Weld County Home Rule Charter - p. 1
Chapter 1, General Provisions - p. 53
Chapter 2, Administration - p. 62
Chapter 22, Comprehensive Plan - p. 217
Chapter 23, Zoning — p. 324
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at Greeley, Colorado, this 29th day of October, 2018.
Cam,G ,
CLERK TO THE BOARD
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