**PLEASE NOTE: THERE IS LIMITED FREE PUBLIC PARKING ON THE SOUTHEAST CORNER

OF 6TH

STREET AND WHITE AVENUE**

TUESDAY

November 12, 2013

LAND USE

544 Rood Avenue, Public Hearing Room

9:05 a.m.

Call Meeting to Order:

Deletions from Agenda:

Additions to Agenda:

Approval of Minutes:

1. Land Use Hearing—October 15, 2013

LAND USE ITEMS

NOTE: Copies of Staff Report(s) for Land Use Items are available on the back table within the

hearing room.

**CONTINUED TO ITEM(S)**

NONE

**END OF CONTINUED TO ITEM(S) **

**WITHDRAWN ITEM(S)**

NONE

**END OF WITHDRAWN ITEM(S) **

**CONSENT**

CONSENT ITEM(S): The Consent Agenda is intended to allow the Board to spend its time on

the more complex items. These items are generally perceived as non-controversial and can

be approved by a single motion. The petitioners have agreed to all of the staff

recommendations on these projects. The public or the Board Members may ask that an

item be removed from the Consent Agenda for individual consideration.

Board of

MESA COUNTY

COMMISSIONERS

AGENDA

BOCC – Land Use

November 12, 2013

Page 2 of 3

NOTICE: If an applicant agrees to have a project placed on the Consent Agenda for the

Mesa County Planning Commission and it is approved on that Agenda, the project is placed

on the Consent Agenda for the Board of County Commissioners. If an applicant decides to

remove the item from the Board Consent Agenda, the project will be referred back to the

Mesa County Planning Commission and rescheduled for a new hearing date.

NONE

**END OF CONSENT ITEMS**

**HEARING ITEMS**

PRESENTATION RULES: Due to the volume of items to be heard the following restrictions

may be applied to help expedite the hearing process:

a) Where practical, presentations by staff and petitioners will be limited to 15

minutes or less. Petitioners are asked to not repeat presentation information that

the staff has correctly presented. Please address the clarification to the staff's

presentation, new information or new developments to the project, and the staff

and agency review comments and recommendations.

b) Responses in favor or in opposition to the proposal will be limited to

approximately 3 minutes each. We prefer only new information to be presented.

A single speaker may be selected on behalf of organized groups.

1. 2013-0103 CUP GOODWIN CONDITIONAL USE PERMIT AMENDMENT

Property Owner(s): Deer Creek Facilities, LLC Representative(s): Mark Austin Location: 5180 Highway 50 Zoning: AFT Planner: Randy Price, (970) 244-1759, randy.price@mesacounty.us Request: To change hours of operation from currently “sunrise to sunset, Monday through Saturday except in emergency situations” to 24 hours a day 7 days a week.

MCPC Recommendation: Approval with Conditions, 5-1

**END OF HEARING ITEM(S) **

**RESOLUTIONS**

2013-0100 VA APPROVAL OF THE VACATION OF A STRIP OF LAND CONTAINING 1.19 ACRES DEDICATED AS RIGHT-OF-WAY FOR N ROAD WEST OF HORSESHOE DRIVE IN THE HORSESHOE RIDGE ESTATES SUBDIVISION AS RECORDED IN PLAT BOOK 18 AT PAGE 38.

**END OF RESOLUTION(S) **

**ROAD PETITION(S)**

NONE

BOCC – Land Use

November 12, 2013

Page 3 of 3

**END OF ROAD PETITION(S) **

UNSCHEDULED BUSINESS

THE BOARD MAY TAKE A LUNCH BREAK AT NOON IF THE HEARING IS NOT COMPLETED

BY THAT TIME.

The Mesa County Commission Chambers are accessible to the handicapped. With advance

request, a sign language interpreter may be made available (call 244-1688 or TDD 256-

1530).

CERTIFICATION OF POSTING

On November7, 2013 at 4:00 p.m., Victoria Patsantaras did post the above AGENDA as

public notice of the November 12, 2013 meeting. The official notice is placed on the East

Entrance bulletin board at 544 Rood Avenue, Grand Junction, CO and a courtesy copy added

to the Mesa County website at www.mesacounty.us/BoCCagendas/

-------------------------------------------------------------

Victoria Patsantaras

Page 1 of 3

October 15, 2013

Audio

CALL TO ORDER

At 9:08 a.m., Acting Chair John Justman called to order a regular Land Use

meeting of the Board of Mesa County Commissioners at the Mesa County

Courthouse, Commissioners Public Hearing Room, 544 Rood Avenue, Grand

Junction, Colorado. Those present included Commissioner Rose Pugliese; Dave

Frankel, Assistant County Attorney; Linda Dannenberger, Director Planning

Division, Gina Schlagel & Lori Westermire, Office of the Clerk & Recorder.

Minutes transcribed by Gina Schlagel.

Chair Acquafresca is excused today.

Approval of Minutes (:34)

September 17, 2013

Commissioner Pugliese requested the September 17, 2013 Minutes be revised

to move DeBeque Mayor Klahn's comment to the public comment section of the

2013-0086 CUP Kobe Pumping Plant & Pipeline Conditional Use Permit section.

ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION CARRIED TO

APPROVE THE MINUTES OF THE LAND USE HEARING ON SEPTEMBER 17, 2013

WITH RECOMMENDED CHANGES.

LAND USE ITEMS

HEARING ITEMS (:01:51)

2013-0100 VA INSKEEP VACATION OF RIGHT OF WAY

Property Owner(s): Carla Inskeep, Carla Inskeep Trust, Scott and Anne Godfrey,

Horseshoe Ridge H.O.A.

Representative(s): Alex V. Evonitz P.E.

Location: 1373, 1379 and 1381 Horseshoe Drive (Horseshoe Dr. & M

¾ Rd)

Zoning: AFT Agricultural Forestry Transitional

Planner: Ron Quarles, Planning Division

An application to vacate a strip of land containing 1.19 acres dedicated as

Right-of Way for N Road, west of Horseshoe Drive, on Horseshoe Ridge Estates

Subdivision as Recorded in Plat Book 18 at Page 38. The MCPC Recommended

approval.

Page 2 of 3

Attorney Frankel, as a preliminary matter, asked Commissioner Pugliese

questions regarding this application for the record. Commissioner Pugliese

stated Ann Godfrey, one of the property owners for this application, was the

Treasurer for her County Commissioner campaign. Attorney Frankel asked if

there was any financial interest in the application being presented today; if

Commissioner Pugliese was related to Ms. Godfrey in any way; if she had

received any ex partay communication concerning this application; if she had

pre-judged this application; are you able to consider only evidence today in

rendering decision; and are you in any way biased for or against this application

as a result of your relationship with this applicant? Commissioner Pugliese

answered 'no' to all questions, and Attorney Frankel asked Mr. Quarles to

proceed.

Ron Quarles, Senior Planner entered into record, the project report, the Mesa

County Land Development Code, Mesa County Land Use Plan, and a Power Point

presentation as Exhibit A.

Commissioner Pugliese questioned if this right-of-way was applied for prior to

the text changes to the vacation right-of-way notice requirements that were

approved at a recent Land Use Hearing. Ron stated this was applied for prior to

that approval. Linda advised that, as a courtesy, the Grand Valley Trail Alliance

was notified and they broadcasted it. Public comments were not received, as

this does not connect to public land.

ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED AND MOTION CARRIED TO

APPROVE 2013-0100 VA INSKEEP VACATION OF RIGHT OF WAY TO VACATE A

STRIP OF LAND CONTAINING 1.19 ACRES DEDICATED AS RIGHT-OF-WAY FOR N

ROAD, WEST OF HORSESHOE DRIVE, ON HORSESHOE RIDGE ESTATES

SUBDIVISION AS RECORDED IN PLAT BOOK 18 AT PAGE 38; THIS VACATION OF

RIGHT OF WAY HAS MET ALL APPROVAL CRITERIA.

RESOLUTIONS (14:30)

ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION CARRIED TO

APPROVE THE FOLLOWING RESOLUTIONS: 2013-0091 CUP APPROVAL OF A

CONDITIONAL USE PERMIT FOR BULK PROPANE TANK STORAGE AND ASSOCIATED

VEHICLES AND EQUIPMENT FOR DISTRIBUTION OF PROPANE AS “GAS OR

PETROLEUM STORAGE” IN THE AFT DISTRICT UNDER THE USE TABLE OF SECTION

5.1 OF THE MESA COUNTY LAND DEVELOPMENT CODE AT 1575 45 ½ ROAD; 2013-

0086 CUP APPROVAL OF A CONDITIONAL USE PERMIT FOR THE 1ST PHASE OF A 2

PHASE PROJECT TO CONSTRUCT A BURIED WATER PIPELINE AND A PUMP STATION

LOCATED ON THE COLORADO RIVER; AND 2013-0064 TXT APPROVAL OF TEXT

AMENDMENTS TO THE MESA COUNTY LAND DEVELOPMENT CODE, SPECIFICALLY

SECTION 3.1.8, NOTICES, CONCERNING RIGHT-OF-WAY VACATION NOTICE, AND

Page 3 of 3

SECTION 3.10, VACATION OF RIGHTS OF WAY APPROVAL CRITERIA. (Resolutions

on file at the Mesa County Clerk's Office; 2013-0091 CUP recorded in Book 5537,

at Page 530, Reception No. 2671897, Resolution File No. MCM 2013-050; 2013-

0086 CUP recorded in Book 5537, at Page 492, Reception No. 2671879,

Resolution File No. MCM 2013-051; 2013-0064 TXT recorded in Book 5537, at

Page 521, Reception No. 2671895, Resolution File No. MCM 2013-052).

(For complete details on any item click on

the audio link at the beginning of the document).

ADJOURN

With no further business to come before the Board, Acting Chair John Justman

adjourned the meeting at 9:26 a.m.

Sheila Reiner,

Mesa County Clerk & Recorder

_________________________________ ________________________________

Gina Schlagel John Justman

Administrative Assistant to Acting Chair

Clerk & Recorder

Verbatim digital files of the Commissioners' Proceedings of October 15, 2013, are on

file in the Mesa County Clerk's Office. Please note that times listed are approximate.

LAND USE ITEMS

November 12th, 2013 9:00 A.M.

544 Rood Avenue

Grand Junction, Co.

Project # Project Name Planner Status2013-0103 CUP Goodwin Conditional Use Permit Amendment Randy OK

Project # Project Name Planner Status2013-0132 RZ Common Area West Village 9 Replat 2 Ron OK

2013-0112 CUP Indian Mesa Conditional Use Permit Amendment Randy OK

Project # Project Name Planner Status2013-0147 CUP Liberty Mine Conditional Use Permit Randy OK

January 14, 2014 Board of County Commissioner's Hearing - 544 Rood Ave - Hearing Room

December 10, 2013 Board of County Commissioner's Hearing - 544 Rood Ave - Hearing Room

BoCC Rolling Calendar

November 12, 2013 Board of County Commissioner's Hearing - 544 Rood Ave - Hearing Room

Index/

Location

Map

INDEX MESA COUNTY COMMISSIONERS

LAND USE HEARING

NOVEMBER 12TH, 2013

HEARING ITEMS: 1. 2013-0103 CUP GOODWIN CONDITIONAL USE PERMIT AMENDMENT

**ORGANIZATION STRUCTURE**

Project Review………………………………………………………………….…..White Planning Commission Minutes…………………………………………………...…Pink Review Agency Comments……………………………………………...Yellow or Buff Public Comments…………………………………………………………………….Blue Applicant Information…………………………………………………………..…..Green

!

1

Location Map

4BoCC Hearing ItemNovember 12, 2013

10 0 10 20 305Miles

PROJECT

REVIEW

1

MESA COUNTY DEPARTMENT OF PUBLIC WORKS

Administration - Building - Engineering – Road and Bridge Traffic - Planning - Solid Waste Management

750 Main Street • P.O. Box 20,000 • Grand Junction, Colorado 81502-5022 Ph (970) 244-1636 Fax (970) 244-1769

PROJECT REVIEW

October 10, 2013 (Amended November 4, 2013)

I. 2013-0103CUP GOODWIN CUP AMENDMENT Property Owner(s): DEER CREEK FACILITIES LLC Representative(s): Mark Austin, Austin Civil Group Location: 5180 HIGHWAY 50 Parcel #: 3201-354-00-022 Zoning: AFT Planner: Randy Price, Senior Planner Request: Approval to amend the hours of operation from the current sunup

to sundown 6 days per week to 24hrs a day, 7 days per week.

Recommendation: Approval with Conditions

2

The Goodwin Solid Waste Disposal Facility is located 20 miles southeast of Grand Junction, 1 mile east of Highway 50 and 1 mile north of the Mesa/Delta County line. The facility is 96 acres in size and was first permitted is 1993 as a solid waste disposal facility accepting sand trap and grease trap waste. The permit has been amended several times to change the types of waste received. In 2010 the permit was amended to add exploration and production waste from oil and gas operations. The CUP 2010-0200 approved 2 evaporation ponds approximately 3 acres in size each. The ponds have been constructed and have been operational for the past year.

Aerial Photo with Locations of 2010 Approved Changes

Site Map Showing Location of Nearest Dwellings

3

II. SURROUNDING LAND USE The permit area is bounded by public lands administered by the Bureau of Land Management (BLM) to the north, south, and east and by private property and BLM property to the west. All property within the notification area is zoned Agricultural Forestry Transitional (AFT). The rural future land-use classification is Large Lot Rural Agricultural 35+ (LL R/A 35+). Within the 2,500 ft. public notification area there is one residence owned by Thomas and Kathleen Panter. The residence is a yurt and is off the grid. It is powered by photovoltaic , propane and has an ISDS. The yurt is 1,200 feet from the western boundary of the permit area. The Panter residence was constructed in 2010. In 2010 the operator relocated the access road around Panter’s property. The road was relocated onto the surrounding BLM property. Prior to this, the access road crossed the Panter’s property on an easement. Three miles to the northwest is another waste disposal facility approved by the BoCC (CUP 2010-0031) in 2010. The Indian Mesa facility has not yet been constructed. The land was purchased by Alanco the operators of the E&P waste portion of the Goodwin facility. They are currently in the final steps of receiving CDPHE approval for the Engineering, Design and Operation Plan (EDOP). The Indian Mesa facility will is located adjacent to the Department of Energy’s Cheney Uranium mill tailings waste disposal cell. The hours of operation will be 24 hours a day and 7 days a week. III. PROJECT DESCRIPTION: The applicant is requesting approval of a Conditional Use Permit to extend the hours of operation from sunup to sundown 6 days a week to 24 hours a day 7 days a week. The hours of operation were set in an earlier CUP as a condition of approval. The operator has requested an extension to the hours of operation to accept E&P wastes. Oil and gas drilling companies operate on a 24 hour schedule and wastewater is produced continuously that must be disposed. The operator claims that business is going to the Danish Flats disposal facility located near Thompson Springs, Utah. That facility is open 24 hours, 7 days a week and this schedule is more desirable since waste haulers work 24 hours a day and make continuous round trips to the facilities. IV. COMPLIANCE WITH MESA COUNTY CODE REQUIREMENTS: Section 3.8.7 and Section 3.1.17 of the Mesa County Land Development Code were used to evaluate this application. Section 3.8.7 of the Land Development Code (2000, as amended) states that a Conditional Use Permit may be approved by the Board of County Commissioners after considering the following:

A. The proposed use is not significantly different from adjacent uses in terms of appearance, site design, operating characteristics (hours of operation, traffic generation, noise, odor, dust, and other external impacts) or, if the use is different, that any adverse impacts resulting from the use will be mitigated to the maximum extent practical and reclamation of the site will be adequate for appropriate future uses of the site where applicable.

4

Potential adverse impacts to operating 24 hours a day, seven days a week will be additional noise from nighttime truck traffic and off-loading liquid waste, also light pollution from lighting. To mitigate noise and visual impact, the applicant in the 2010 permit amendment moved the access road 1200 feet to the south of the Panter residence. Additionally, material excavated from the construction of the waste ponds was used to construct a >20’ high, 1000’ long berm on the west side of the ponds. The waste off-loading area was placed on the far east side of the permit area, 2,800 feet from the Panter residence. Truck traffic on highway 50 may be a source of additional night-time noise as trucks traveling on highway 50 slow to turn into the facility access road. Truckers sometimes use “jake brakes” to supplement regular brakes. Jake Brakes can be noisy and to mitigate night-time noise pollution a condition of approval will be to prohibit truckers from using these brakes at night. In order to mitigate the adverse impacts to the Panter residence, the change of hours of operation of the facility should be limited to a period of one year. This will allow time for the other Alanco waste facility approved for 24 hours a day and 7 days per week, to become operational. To mitigate nighttime light pollution the facility is required to have full cutoff light fixtures per Rule 7.6.7 This criterion can be met with conditions of approval.

B. Facilities and services (including sewage and waste disposal, recycling, domestic and irrigation water [where available], gas, electricity, security measures, police and fire protection, and roads and transportation, special fencing, and signage, as applicable) shall be available upon completion of the project to serve the subject property while maintaining adequate levels of service to proposed and existing development during regular, periodic, and peak usages.

Minimal services will be required for this facility. The area is sparsely settled partially due to the lack of any services. There is no potable water system, no sewer system, no irrigation water, no phone service, and no electrical network. Fire protection would be provided by the Lands End Fire Department and police protection by the Mesa County Sheriff’s department. Electrical needs will be provided by an on-site 50KW generator, with a hospital muffler to mitigate noise. Water for dust suppression would be trucked to the site. Portable toilets will serve sanitary needs, but an Individual Sewage Disposal System (ISDS) might be required per comments from Mesa County Environemtal Health.

This criterion can be met with conditions of approval.

C. Access will be provided as necessary to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

A new access road was constructed to this facility in 2010 on BLM land. The current CDOT access permit for Highway 50, sets the maximum allowable trucks to 20 per day; any more would trigger the requirement for additional improvements to the Highway.

5

This criterion has been met. D. Adequate assurances of on-going maintenance have been provided. The Engineering Design and Operations Plan approved by the Colorado Department of Public Health and Environment solid waste disposal permit outlines required monitoring, reporting and closure requirements for this facility. This criterion can be met with conditions of approval. E. Any significant adverse impacts on the natural environment will be mitigated to the maximum extent practical, including whether soils and geologic suitability are adequate for the proposed use, and whether prevailing winds might cause adverse impacts on site and off-site. The facility has been in compliance with the existing air emissions permit. Roads are treated for dust suppression. The leachate collection system of the ponds is monitored for leakage per CDPHE requirements and there is an ongoing water monitoring program. This criterion can be met with conditions of approval. F. There is a need for the use on a community wide basis. There is a need for wastewater treatment facilities to meet the demands for treatment of produced water as the oil and gas industry recovers in western Colorado. A shortage of sufficient treatment facilities has caused some producers to truck their water into Utah. Having a facility available 24 hours a day, 7 days a week helps to meet the needs of the oil and gas industry that is a vital part of the region's recovering economy. This criterion has been adequately addressed by the applicant. Section 3.1.17 General Approval Criteria must also be considered for Conditional Use Permit requests: A. Complies with all applicable standards, provisions, and purposes of this Land Development Code; It appears that this request complies or can comply with all applicable standards, provisions and purposes of the Land Development Code if all review agency comments and recommended conditions of approval are met. This criterion can be met with conditions of approval. B. Is consistent with review agency comments; No concerns have been identified in review agency comments which could not be addressed by the review agency requests and the recommended conditions of approval. This criterion can be met with conditions of approval.

6

C. Is consistent with applicable intergovernmental agreements (IGA) between the County and other entities. This project is subject to MCA 97-18 between Mesa County and the Bureau of Land Management and MCA 2001-26 between Mesa County and the USDA Forest Service. These IGAs promote cooperation in land development review. Review requests were provided to BLM,, no comments have been received. This criterion has been met. V. REVIEW COMMENTS: All review agency comments received are attached to this project report. VI. PUBLIC COMMENTS: At the time of the writing of the initial project review no written public comments had been received. VII. PROJECT RECOMMENDATION: The Mesa County Department of Planning and Economic Development staff recommends approval of this Conditional Use Permit subject to the following conditions: 1. The approval of the change to the hours of operation to 24 hours a day, 7 days a week

will be restricted to a 1 year period starting with the resolution adoption if this application is approved. This will allow time for the Indian Mesa Facility to become operational.

2. The facility shall use full cutoff light fixtures. 3. Truckers will be prohibited from using jake brakes for night-time deliveries on the access

road and along the State Highway on the approach to the access road. 4. All review agency comments not in conflict with the conditions of approval shall be

addressed. 5. The applicant, owner and operator shall not significantly deviate from the site plan and

documents submitted with this application. Any modification or expansion of this facility, not including minor modifications as determined by the Planning Director, shall require an amendment of the Conditional Use Permit.

6. Conditions of approval of the prior Mesa County Board of County Commissioners resolutions shall still be applicable unless specifically amended in later BOCC resolutions. Prior resolutions are, MCM 96-140, MCM 97-129, MCM 99-134, MCM 2004-034, MCM 2004-073 and MCM-2011-109 and MCM-2012-049.

Basis for recommendation: The petition demonstrates compliance or the ability to comply with with the criterion in Section 3.8.7A – F and Section 3.1.17.A – C of the Mesa County Land Development Code (2000, as amended).

7

Review Summary

CUP Approval Criteria: Condition# 3.8.7. A (compatibility with surrounding property) - can be met 1,2,3,5,6 3.8.7. B (facilities and services) - can be met 4,5 3.8.7. C (adequate access) – has been met 3.8.7. D (maintenance) - can be met 5,6 3.8.7. E (impacts mitigated) - can be met 1 - 6 3.8.7. F (community-wide need) - has been met General Approval Criteria: 3.1.17. A (compliance with the Land Development Code) - can be met 1-6 3.1.17. B (consistency with review agency comments) - can be met 4 3.1.17. C (consistency with IGAs) – has been met

VIII. MCPC ACTION: October 24, 2013, Recommendation for Approval 5-1 IX. BOCC ACTION: November 12, 2013

HEARING NOTICE

Goodwin CUP Amendment2013-0103 CUPOctober 7, 2013

Zoning/Parcel Map

"

LegendLegend

2500 ft buffer

Parcels

BLM Land

0.4 0 0.4 0.8 1.2 1.6Miles

Notification Buffer

3201-354-00-022

PARCEL_NUM OWNER MAILING CITY ST ZIP3229-093-00-914 BLM 2815 H RD GRAND JUNCTIONCO 815063201-354-00-022 DEER CREEK FACILITIES LLC 661 24 1/2 RD GRAND JUNCTIONCO 815053203-251-00-046 DUKES GARRY L 1538 DENT COUNTY ROAD ROLLA MO 6540186533203-252-00-045 HUDSON BARBARA A 10277 E PINEWOOD DR PARKER CO 80138-78033203-254-00-036 PANTER KATHLEEN S 452 GRAND AVE DELTA CO 81416-20233201-364-00-023 WILTON EARLE AND SONNS 785 VALLEY VIEW DR CRAIG CO 81625-8501

Mark Austin, Austin Civil Gro 336 Main St. Ste. 203 Grand Junction CO 81501

MCPC MINUTES

MESA COUNTY PLANNING COMMISSION October 24, 2013

PUBLIC HEARING MINUTES Chairman Jones called to order a scheduled hearing of the Mesa County Planning Commission at 6:03 p.m. Chairman Jones led the Pledge of Allegiance. The hearing was held in the Public Hearing Room, Mesa County Administration Building at 544 Rood Avenue, Grand Junction, Colorado. In attendance representing the Mesa County Planning Commission, were: Phillip Jones, Joe Moreng, Christi Flynn, Pat Bittle, Chip Page and Rusty Price. In attendance, representing the Mesa County Planning Division, were: Linda Dannenberger and Randy Price. Kathy Kinsey was present to record the minutes. There were (2) citizens present throughout the hearing. Approval of Minutes 8-22-13 Motion: Commissioner Bittle moved to approve the minutes as written. Second: Commissioner Price Motion Approved 6-0 Continued Items None

Consent Items None Hearing Items 1. 2013-0103 CUP GOODWIN CONDITIONAL USE PERMIT AMENDMENT Property Owner(s): Deer Creek Facilities, LLC Representative(s): Mark Austin Location: 5180 Highway 50 Zoning: AFT Planner: Randy Price, (970) 244-1759, randy.price@mesacounty.us Request: To change hours of operation from currently “sunrise to sunset, Monday through Saturday except in emergency situations” to 24 hours a day 7 days a week. Staff Recommendation: Approval with Conditions Board of County Commissioners Hearing Date: 11-12-13 Staff Presentation Randy Price, Senior Planner, Mesa County Planning Division entered into the record the project 2013-0103 CUP Goodwin Conditional Use Permit Amendment, Exhibit A which is the PowerPoint presentation, the Mesa County Land Development Code and the Master Plan. Mr. Price stated that the facilities hours are currently sun up to sun

Mesa County Planning Commission October 24, 2013 Public Hearing Minutes

2

down, six days a week and with this application, the Goodwin Facility is requesting an amendment to their hours of operation. He also stated that the facility is owned by the Deer Creek Facilities LLC and the Exploration & Production (E&P) waste ponds are operated by Alanco Energy Services and that the representative for this project is Mark Austin of Austin Civil Group. He described the location of the facility being about 20 miles south and east of the City of Grand Junction, approximately one mile north of the county line and about 3/4 of a mile east of Highway 50. He also stated that the facility is 96 acres in size. Mr. Price discussed the 2010 amendment and stated that it added exploration and production waste to the facility and that the E&P facility was completed in 2012 which included two waste ponds. He then displayed the site plan of the facility and pointed out where the waste ponds were located and where trucks off-load E&P waste. Mr. Price pointed out that the closest resident to the facility is about 1200 feet west of the permit boundary line. He acknowledged that the property was owned by Thomas and Kathleen Panter. Using an aerial photograph, Mr. Price pointed out the location of the Panter’s residence which is approximately 2900 feet from the off-loading facility of the E&P waste. He discussed the location of other residences along Highway 50 and showed the haul road in conjunction with the Panter’s residence. Mr. Price also described and showed photos of the protective berm that is twenty plus feet high and is meant to be a visual and sound barrier from the active facility. Mr. Price then stated that the Goodwin facility is in compliance with Mesa County Code requirements, Section 3.8.7 of the Mesa County Land Development Code. He also mentioned that the proposed amendment is not significantly different from adjacent uses in terms of appearance, site design, operating characteristics, hours of operation, traffic generation, noise, and other external uses. Additional discussion took place regarding the potential adverse impacts for noise from trucks, noise from generators, activity on Sunday, potential for trespass lighting from loading facility and lights from the trucks. He stated that in order to mitigate the impacts of the twenty-four hour, seven days per week (24/7) operation, the planning staff is asking for the approval of the 24/7 operation for a limited time of one year. He also mentioned that when the Indian Mesa Facility is approved it may not be necessary for the Goodwin Facility to continue to be open 24/7. Mr. Price brought to everyone’s attention, an email that was received on October 11th from the closest neighbor, Thomas Panter. Mr. Price explained that the staff recommendation for this project was approval with conditions. He said that the CUP amendment was in compliance with the Chapter 7 Development Standards 3.8.7, Sections a, b, c, d, e and f and it demonstrates compliance with the applicable sections of the Mesa County Land Development Code. Questions

Mesa County Planning Commission October 24, 2013 Public Hearing Minutes

3

Vice Chair Moreng asked how many trucks were going into the facility per day currently and how many could be expected. Mr. Price noted that there is a limit of 48 trucks per day but there are not many now and at times there are none. Mr. Price stated that the applicant would be the best person to address Vice Chair Moreng’s concerns. Discussion took place regarding Mr. Panter’s letter and what he meant by “things that have not been done that were promised”. Mr. Price stated that Mr. Panter said he would be present at the hearing so he could not second guess what he meant in his letter since he was not at the hearing. Further discussion took place regarding the surface of the road, if there was a speed limit and if Mr. Price had been on the site when trucks were present. Applicant Thomas Pool – 518 7th Street, Denver, CO Mr. Pool stated that he is the operating manager for Alanco Energy Services of the evaporation disposal ponds. He stated that since August of 2012 the facility has had 1,415 trucks at the facility in total and about four trucks a day on average. He mentioned that recently the number of trucks has declined to three or four trucks per week and this decline was connected to the new techniques being used to store water for fracking. He stated that his potential customers were concerned about the facilities limited hours of operations. He stated that this is a business necessity to increase their hours, especially during the winter months. Mr. Pool commented that the berm was carefully constructed with the Panter’s residence in mind. He said that the impacts to Mr. Panter would be very few and that he has tried to contact Mr. Panter but his calls have gone unanswered. Mr. Pool said he had no idea what Mr. Panter was alluding to when he said things that were promised have not been done. Mr. Pool said there is a limit of twenty-three trucks per day in a twenty-four hour period. Questions Commissioner Flynn asked Mr. Pool why he wanted to have the facilities open 24/7 if there were only on average three or four trucks per day. Ms. Flynn asked why the facility wasn’t focusing on increasing traffic during the day. Mr. Pool responded that if trucks are coming from Rifle, it is hard for them to get to the facility before it is closed. He commented that this type of business is a 24/7 operation and the business cannot be competitive with bankers hours. Mr. Pool said he thought the facility would have more activity during the daylight hours but that has not been the case. Mr. Pool also stated that during certain times of year, it is easier to drive on the roads when they are frozen then during the day when the roads are thawed. Vice Chair Moreng asked if there were lights running when no trucks are there. Mr. Pool responded that they would turn off the lights in order to save the generator fuel. He commented that the generators run off of propane and that the lights will be set to a minimum and the berm would block the trucks lights. Vice Chair Moreng inquired about the projection of how many trucks would be using the facility at night. Mr. Pool stated

Mesa County Planning Commission October 24, 2013 Public Hearing Minutes

4

that is was virtually impossible to know, he said all of the projections he has made from this point have not been validated. Vice Chair Moreng asked if Mr. Pool will have to have someone at the facility all of the time. Mr. Pool said yes, there will be Alanco personnel on sight if trucks are there, day or night and that no one is there at present because they close at 5 p.m. Vice Chair Moreng asked if the other facility Randy Price mentioned was owned by Alanco energy services. Mr. Pool stated that yes, Indian Mesa is owned by Alanco Energy Services. Vice Chair Moreng asked if the two facilities would function together. Mr. Pool stated they need personnel there the entire night in order to prevent freezing and it is important to their potential customers that they are open when they need services. Further discussion took place regarding the need for both facilities to be open at the same time once Indian Mesa was operational. It was stated that they would anticipate using the Indian Mesa facility for their night time operations and there would not be a need to have both facilities open at the same time. There was more discussion regarding the amount of trucks per day, early morning versus evening, lights being on 24/7and that the DOT looks at a rolling period of time. Commissioner Page asked if Mr. Pool had been contacted by Mr. Panter. Mr. Pool stated that he had personally met with Mr. Panter and taken him and his wife out to dinner prior to the Goodwin Facility being built. He said that recently Mr. Panter has stopped responding to his calls. He said that Mr. Panter has known Brent Gayle for years and that Mr. Panter has never mentioned his concerns to Mr. Gayle. Comments Vice Chair Moreng stated that he wanted to make sure that once the other facility (Indian Mesa) is opened that the Goodwin Facility would go back to the limited hours. He explained that he could understand Mr. Panter’s concerns and he believes the planning commission originally established the limited hours for a reason and that Mr. Panter would be impacted by the change in operating hours. Commissioner Price commented that by time the applicant gets approvals from the Department of Transportation (DOT), construction will take between three to six months. Mr. Price said he wants to protect the resident but he also wants the facility to succeed. He said that he believed the one year limit would be sufficient. Discussion followed regarding the possibility of extending the time frame to get the facility up and running from 12 months to 18 months. After consideration of this suggestion it was determined that they would proceed with the 12 month time frame to have the facility operational and they could come back for another review of the project if they needed an extension.

Mesa County Planning Commission October 24, 2013 Public Hearing Minutes

5

Motion: Vice Chair Price moved to approve item 2013-0103 CUP Goodwin Conditional Use Permit Amendment to extend the hours of operation per day for a time period of not more than one year. Second: Commissioner Page Opposed: Commissioner Flynn Motion Approved 5-1 Announcements Chair Jones reminded the board that next month the workshop and hearing will be held on the same day, November 21st. Motion: Commissioner Bittle moved that the meeting be adjourned. Second: Commissioner Page Motion Approved 6-0 Hearing adjourned at 7:00 p.m. Respectfully Submitted, ___________________________________ Pat Bittle, Secretary

REVIEW AGENCY

COMMENTS

User Review

Agency

Date/Time Comment

Randy Price 8/16/2013

4:42:29 PM

The file GPR is the project narrative. I made a copy to make it

easier for the review agencies to find.

Otis Darnell MC ROAD &

BRIDGE B

8/22/2013

3:17:25 PM

Road and Bridge has no isuses

Daniel Roussin CODOT-REGION

3

8/22/2013

4:04:39 PM

This project has an State Highway Access permit #310012. I have

no comments on this project.

TRUDY BROWN MC CODE

COMPLIANCE

8/26/2013

9:58:00 AM

Mesa County Code Compliance Services has no open file pertaining

to Parcel No. 3201-354-00-022.

Code Compliance Services has not conducted a site visit to the

property. If the assigned Planner finds an apparent Code violation

when he or she visits the property, please notify Code Compliance

Services and we will investigate.

Matt Sinclair MC ENVIRON

HEALTH

9/11/2013

3:21:08 PM

According to review notes from 2010, a portable chemical toilet

was an allowed use unless future plans involved offices or similar

facilities. According to the provided site plan a portable office

trailer is located at the site. Depending on office occupancy, water

availability, fixtures in the office, etc... a more permanent means of

sewage disposal may be required. MCHD - Env. Health

MC DEV

ENGINEER

MC DEV

ENGINEER

9/12/2013

1:32:19 PM

MC Development Engineering

No comments.

PRO2013-0103 - GOODWIN CUP AMENDMENT Review Agency Comments

Comments Due Date: 2013-09-12

PUBLIC COMMENTS

APPLICANT INFORMATION

General Project Report

For

CUP MODIFICATION FOR HOURS OF OPERATION

To the Department of Planning and Economic Development and Board of County

Commissioners of Mesa County

With Reference to CUP 2010-0200 Goodwin Services, Inc.

Alanco Energy Services, Inc. as Lessee from Goodwin Services, Inc., is the owner and

Operator of the Deer Creek E&P Wastewater Disposal Facility, requests an amendment to

Section VII, Condition 14, of the Project Recommendations, as were adopted in the CUP,

BOCC Approval dated May 22, 2012, to extend the hours of operation of the facility.

Condition 14 states "The hours of operation will be from sunrise to sunset, Monday through

Saturday except in emergency situations".

Alanco Energy Services first accepted water for disposal August 2nd, 2012, and our

experience from the nine months we have been in operation has determined the limited

hours of operation, has adversely impacted the marketability of our disposal services, and is

detrimental to the continued economics and operation of the facility. We have learned of the

necessity of Producers to be able to schedule water transport trucks through the nights, and

seven days a week. The Producers have limited storage at their well sites and circumstances

of poor weather limiting access, initial startup after periods of shut in (flush production) and

recovery of treatment fluids from workovers, require they move water immediately and

continuously when conditions permit. The local trucking operators informed us they are

running 24 Hrs/Day and they require we be open or we lose business to competitors across

in Utah.

Therefore we request the amendment to our CUP to provide for 24 Hrs/Day and seven

days a week to enable us to be competitive and increase the economic efficiency for both

ourselves and Producer Customers.

Tom Pool

Alanco Energy Services

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RESOLUTIONS

Page 1 of 4

RESOLUTION NO. _________________ Planning Division No. 2013-0100 VA

APPROVAL OF THE VACATION OF A STRIP OF LAND CONTAINING 1.19 ACRES DEDICATED AS RIGHT-OF-WAY FOR N ROAD WEST OF HORSESHOE DRIVE IN THE HORSESHOE RIDGE ESTATES SUBDIVISION AS RECORDED IN PLAT BOOK 18 AT PAGE 38.

WHEREAS, Carla Inskeep, The Carla Inskeep Trust, Scott and Anne Godfrey, and the Horseshoe Ridge Homeowners Association requested a vacation of a strip of land containing 1.19 acres dedicated as right-of-way for N Road west of Horseshoe Drive more particularly described on attached Exhibit “A” and as shown on attached Exhibit “B,” and

WHEREAS, the staff recommendation was contained in a staff report dated September

13, 2013, and

WHEREAS, the public hearing before the Mesa County Board of County Commissioners was held on October 15, 2013

NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MESA FINDS AS FOLLOWS:

THAT public notice requirements of Section 3.1.8 of the Mesa County Land Development Code (2000, as amended) have been met.

THAT the Vacation meets the applicable Approval Criteria for Vacations of Rights-of-Way (Section 3.10.6) of the Mesa County Land Development Code (2000, as amended).

THAT this request is in accordance with the health, safety and welfare of the residents of Mesa County.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS IN THE COUNTY OF MESA, STATE OF COLORADO:

THAT the vacation of a strip of land containing 1.19 acres dedicated as right-of-way for N Road west of Horseshoe Drive is approved.

Page 2 of 4

PASSED AND ADOPTED THIS ____ DAY OF ____________________, 2013.

____________________________________ Steve Acquafresca, Chair Board of Mesa County Commissioners

ATTEST: _______________________________ Sheila Reiner Mesa County Clerk and Recorder

Page 3 of 4

EXHIBIT A N ROAD VACATION

(MCPP NO. 2013-0100)

VACATED RIGHT-OF-WAY / EASEMENT

A strip of land, as dedicated on Horseshoe Ridge Estates as recorded in Plat Book 18 at Page 38 and located in parts of Section 28 and 33, Township 2 North, Range 2 West of the Ute Meridian, Mesa County, Colorado, being described as follows: All that part of N Road adjoining Lot 1, Bock 3 – Lots 4, 5 and 6, Block 1 – and Outlot C and Outlot A Said strip contains 1.19 acres more or less. And The adjoining 14’ Multipurpose easement along this portion of N Road. Retaining a 14’ Multipurpose easement along the northwesterly right-of-way line of Horseshoe Drive.

Page 4 of 4