HomeMy WebLinkAbout20182202.tiffHEARING CERTIFICATION
DOCKET NO. 2018-72
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0029, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY -
SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
FRONT RANGE DAIRY, LLC, C/O EXPEDITION WATER SOLUTIONS
A public hearing was conducted on August 1, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad - EXCUSED
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Engineer representative, Evan Pinkham
Health Department representative, Ben Frissell
The following business was transacted:
• I hereby certify that pursuant to a notice dated June 13, 2018, and duly published June 18,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Front
Range Dairy, LLC, c/o Expedition Water Services, for a Site Specific Development Plan and Use
by Special Review Permit, USR18-0029, for Mineral Resource Development Facilities, Oil and
Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in
the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of
record.
• Chair Moreno reviewed, for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four Commissioners being present and Commissioner Cozad
excused.
• Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated the location of the site in relation to relevant County roads. She reported 18 referral
agencies reviewed the application, twelve (12) responses were returned without concerns or with
comments that have been addressed through the Conditions of Approval (COA) and Development
Standards (DS). Ms. Aungst indicated the proposed facility will operate 24 hours a day, seven (7)
days a week. She described the site layout and reviewed the number of employees, parking
spaces and estimated number of trucks and passenger cars per day. Ms. Aungst stated the
applicant will need a landscape plan, a left turn lane design, an update to the traffic distribution
and a septic system design. She described adjacent land uses and stated the closest resident is
approximately 350 feet from the site. Ms. Aungst mentioned there are 13 USRs within one (1)
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mile of the site. She stated the Department of Planning Services has received one (1) letter
concerning traffic, noise, air and water quality, and the applicant addressed those concerns
through a letter of response. Ms. Aungst indicated several surrounding property owners (SPO)
spoke at the Planning Commission hearing with concerns regarding landscaping and traffic. She
explained the site is located within the three (3) mile referral area of the Towns of Frederick and
Firestone and the Cities of Dacono and Fort Lupton and within the Intergovernmental Agreement
Area for the Town of Firestone and the City of Fort Lupton. Ms. Aungst reviewed the comments
submitted by these municipalities and displayed images of the site, including the access point,
surrounding properties and views, and entered the favorable recommendation of the Planning
Commission into the record as written.
• Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, stating the site accesses from County Road (CR) 19. He
provided the average daily traffic counts to include truck percentages and stated the traffic study
submitted with the application indicated 90 daily round trips to include ten (10) passenger vehicle
trips and 80 truck trips. He stated the Department of Public Works is requiring tracking control for
the site and an Improvements Agreement (IA). Mr. Pinkham indicated a preliminary drainage
report has been submitted and a Weld County Grading Permit will be required if the applicant
disturbs more than an acre. Mr. Pinkham discussed concerns from the Planning Commission
regarding the access location. He stated the ideal location would be at the center of the parcel
connecting to CR 19. Mr. Pinkham explained the safety issue and recommended there be a
turning lane installed in response to neighborhood concerns regarding high traffic volume. He
presented the drainage and grading requirements. In response to Commissioner Conway,
Mr. Pinkham reiterated the primary issue of the Planning Commission hearing regarding the
access point needing to be moved, and he described the center access point being best due to
the north and south location being more dangerous, even with a turn lane.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated the water for the site will be provided by the Central Weld County Water
District (CWCWD) and sewer service will be provided by the proposed commercial septic system.
He indicated there will be floor drains, no proposed recycling, and a Groundwater Monitoring Plan
and offload pad is required prior to the issuance of the Certificate of Occupancy. Mr. Frissell
indicated Development Standards (DS) #19 and #20 address typical dust and waste items, and
DS #16-38 address Environmental Health items. He proposed amending DS #16.
• Eric Wernsman, Wernsman Engineering and Land Development, LLC, and Zach Neal,
represented the applicant and stated Expedition is expanding its operations in Weld County and
going to great extent to minimize the impact to neighboring properties. Mr. Wernsman reviewed
the adjacent land uses, and stated the current owner is working to convert the site to center pivot
irrigation and the proposed portion of the site will no longer be irrigated. He described the
proposed facility, stating all structures and pumps will be housed within insulated buildings to
assist with noise reduction, and, furthermore, the existing facilities were tested outside the
proposed building and had a noise level less than 50 decibels, approximately 50 feet from the
building. He stated the concrete structure will contain tanks for saltwater processing, a concrete
pad to provide containment for the trucks while unloading, and a tank washing area.
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Mr. Wernsman indicated there will be a secondary liner below all containment areas, in addition
to leak protection systems. He explained Expedition hopes to construct a pipeline in
approximately two (2) years to reduce truck traffic and he declared the applicant is constructing
the proposed facility due to demand. He stated the CWCWD has agreed to provide a water tap
for the proposed facility and include an engineered septic system. Mr. Wernsman discussed a
community meeting held in May with 30 people in attendance and he explained Expedition
representatives also reached out to surrounding communities. Mr. Wernsman addressed
comments regarding the access point and traffic and stated the applicant has submitted a
preliminary design for the addition of a left-hand turn lane and a landscape plan is in place to
address screening and public concerns.
• Zachary Neal represented Expedition and provided an overview of the company and
described the headquarters in Greeley with approximately 50 employees. He expressed pride in
the company's health, safety and environmental practices and stated this facility will open ten (10)
jobs in local community and further develop oil and gas in the County. He indicated the proposed
facility will reduce the total miles traveled in the county for the disposal of wastewater. Mr. Neal
reiterated the good probability for a future pipeline related to the facility to eliminate truck traffic.
He described the company as a great neighbor that actively engages in the community
▪ Rich Werner, Upstate Colorado Economic Development, stated his support of the proposed
application. He reiterated the mission of job creation, echoing the project will add ten (10) new
jobs to the 50 jobs already connected to Greeley. He stated the proposed facility will help supply
and promote production levels and effective solutions and he mentioned Expedition is one of the
leading companies in wastewater disposal. Mr. Werner repeated the future piping solutions and
commended the site plan adjustment to address the safety issue regarding the access point. He
shared support for the proposed facility to expand with the pipeline, hiring new employees, and
the effort to communicate with neighbors. Mr. Werner described Expedition's proposed
application as a help to surrounding communities with current growth and a solution to expand
present capacity now and in the future.
IR Ken Gefellar, Mayor of the Town of Keenesburg, stated he worked with Expedition Water
Solutions and they have consistently been more than cordial by working with everyone at public
meetings and addressing concerns. Mr. Gefeller reported no complaints from residents in the two
(2) years of working together and stated Expedition is a good company to work with, very
professional, and meets the needs of the community.
IR David DeHaan, surrounding property owner (SPO), stated he purchased his property
approximately seven (7) years ago and the previous owner had sold the water rights, leaving only
one (1) share. Mr. DeHaan explained they have been leasing water from the Cities of Northglenn
and Westminster; however, this year the cities have declined due to a water shortage. He stated
they have looked at pivot irrigation in order to save water and they are currently in negotiations
with three (3) different companies in hopes to secure a long-term agreement for water.
Furthermore, he stated if they cannot come to an agreement, they will become a dryland farm.
Mr. DeHaan expressed his support and stated he owns two surrounding dairy farms.
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• Gilbert Evans, SPO, stated he lives approximately 2,000 yards south from the proposed
site. He indicated the pictures are deceiving and explained there are nine (9) residents within a
half mile of the site. He claimed the traffic is tremendous and there has been growth since the
traffic counts were last taken and he explained the traffic patterns people often take to avoid 1-25,
including driving on CR 19 in Firestone. Mr. Evans stated he has witnessed consistent speeding
on CR 19 in front of his home and in order to slow down traffic there needs to be additional
presence of law enforcement or a change in the speed limit. He understands there is growth
everywhere; however, he does not feel there is room for more semi -trucks on the road in addition
to Anadarko adding three (3) more sites across from the proposed site. Mr. Evans stated he
cannot help the increase in the industry but requested they move the injection sites to prevent
truck traffic. In response to Commissioner Kirkmeyer, regarding adding a left turn lane and adding
landscaping for the site, Mr. Evans stated he and his wife's opinion has remained the same and
no one from Expedition has talked with them since the Planning Commission hearing. He
expressed concern regarding the length of the turn lane due to the weight of the truck loads.
• Diana Evans, SPO, stated she lives a half mile south of the proposed site and reiterated that
they have not communicated with Expedition. She expressed relief that her and her husband's
concerns were heard and stated their opinion was disregarded at the Planning Commission
hearing. Mrs. Evans explained the local traffic patterns she has witnessed and indicated there is
a need for a left and right turn lane, as well as a decceleration lane. She discussed deaths that
have occurred on CR 19 within a two (2) mile stretch. Mrs. Evans stated she is saddened by the
loss of the beautiful agricultural field and expressed concern regarding the loss of the aesthetics
and wished Expedition would have looked elsewhere for dryland to avoid the loss of a farm field.
She spoke on behalf of the neighborhood and the safety concerns. In response to Chair Moreno,
Mrs. Evans reiterated having had no contact with Expedition and stated they were invited to the
barbeque, but the applicant initiated no contact. In response to Commissioner Conway,
Mrs. Evans discussed her traffic concerns and the need for a right and left turn lane and an
acceleration lane, at a minimum, because of the additional proposal by Anadarko for three (3)
new facilities.
la Commissioner Kirkmeyer stated the applicant has paid attention to the public input and is
offering a Landscape and Screening Plan, and a Communication Plan. She mentioned inclusion
of the left turn lane as a Condition of Approval and stated the applicant is attempting to address
the concerns brought forth.
O Mr. Wernsman responded to public input and discussed the applicant's willingness to do the
left turn lane. He stated the need to talk with staff to pinpoint the best access point. In response
to Chair Moreno, Mr. Wernsman indicated no further comments.
El Commissioner Kirkmeyer requested language be added to Condition of Approval (COA)
#1.A to address the turn lane. Mr. Pinkham stated there is no designated haul route at this time,
and the applicant indicated going both north and south. Commissioner Kirkmeyer suggested the
haul route not include County Road (CR) 18, and she requested an annual review of the
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intersection of CR 19 and State Highway 52 be added to the Improvements Agreement and asked
that staff consider best improvements regarding the proper turn lane and whether an acceleration
lane might be warranted as well. Mr. Pinkham agreed and stated staff will work with the applicant
to assure the proper road improvements are made.
Commissioner Conway echoed the comments of Commissioner Kirkmeyer and stated he
observed the applicant's willingness to work with Public Works to address concerns. Mr. Pinkham
agreed staff will work with the applicant regarding the safest solutions for road improvements and
he reminded the Board that the Improvements Agreement will be presented to them for approval.
12 Commissioner Kirkmeyer revisited Development Standard (DS) #16 to remove "...as defined
in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5." suggested inserting
"Lighting Plan" to DS #6, and recommended DS #7 be amended to read, "The
screening/landscaping on the site shall be maintained, in accordance with the approved
Landscaping/Screening Plan." Lastly, she requested the word, "accepted' be replaced with
"approved' in DS #29. The Board agreed with the aforementioned amendments.
In response to Chair Moreno, Mr. Wernsman, on behalf of the applicant, indicated they have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
la Commissioner Freeman moved to approve the request of Front Range Dairy, LLC, do
Expedition Water Services, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0029, for Mineral Resource Development Facilities, Oil and Gas Support and
Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as amended and
entered into the record. The motion was seconded by Commissioner Conway, who also thanked
Mr. and Mrs. Evans for their comments and participation in the process and stated they made a
difference. Commissioner Freeman echoed the comments of Commissioner Conway and also
thanked Mr. and Mrs. Evans, and he thanked the applicant for working with the community and
Public Works regarding safety and encouraged the applicant to proceed with the future pipeline
plan. Commissioner Kirkmeyer thanked everyone for working together and she reassured the
Evans' that their concerns were addressed and mitigated for the benefit of the application and
referenced the Communications Plan to assure neighborly communication. Chair Moreno
concurred with the comments of his fellow Commissioners. There being no further discussion,
the motion carried unanimously, and the hearing was completed at 11:59 a.m.
This Certification was approved on the 6th day of August, 2018.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditAdivG �ddo; ok,
Weld County Clerk to the Board
BY: (2pe.
uty Clerk to the Board
APPROVED AS
Steve Moreno, Chai
Date of signature: C) /((o f IR'
arbara Kirkmeye,t f'ro-Tem
ea 1 . Conway
ounty Attorney Mike Freeman
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