Williams County approves conditional use permit for Energy Sand Solutions with road and timing conditions

The Williams County Board of County Commissioners on Jan. 7 approved a conditional use permit for Energy Sand Solutions LLC to construct and operate a frac sand (industrial sand) facility in Houghland Township, with conditions tied to road improvements and permit timing.

The permit covers mining and processing on a tract described by county staff; the applicant told planners the site comprises roughly 405 acres with a maximum of 40 acres of active mining at any one time and an anticipated average of 30 to 40 truck trips per day during active hauling windows. Planning and Zoning recommended approval 6–2; the commission approved the permit by roll call vote (yes: Corey, Bo, Chris, Barry, Steve).

County planning staff said the operation would include a signed reclamation agreement between the miner and the landowner; Development Services staff told the commission the state requires a private reclamation agreement between landowner and company. During public comment, nearby resident Kenneth Schmidt said he expected roughly 40 trucks a day to pass his farmstead and urged the county to require use of an alternate township road (100/108 Avenue) that would require culvert or bridge work. Roger Baker, a local landowner, and Nicole Beaumont of XTO Energy described ongoing coordination among oil operators, the sand applicant and landowners on road location and shared access.

Commission discussion centered on two issues: whether Williams County could attach reclamation or financial-security conditions to an individual conditional use permit, and how to reduce truck impacts on residences. County counsel and staff pointed to Williams County Zoning Ordinance section 3-2-2.14, which allows conditions and restrictions on an individual conditional use permit intended to minimize adverse impacts and protect public health and welfare.

After discussion the commission approved the permit with explicit conditions that the applicant and affected parties (a) pursue reconstruction or improvement of the township section-line road referenced in testimony (identified in the hearing as “100 and Eighth”) and (b) complete that reconstruction within 24 months; commissioners also required that the county revisit the permit after two years (the board added a two-year expiration/renewal condition so the county can review compliance and the road work schedule). Commissioners said the company may begin limited site work and mining prior to the road reconstruction using the applicant’s proposed interim haul route, but the final haul route must switch to the rebuilt township road when it is completed. Commissioners also encouraged a written road-use and maintenance agreement among the company, landowners and other industry users to cover dust control and routine upkeep.

“I think that was one thing I wanted to talk about a little bit was that corner where the house is at. Some stipulations around there might not be the wrong thing to do if we're adding that number of trucks,” a commissioner said during deliberations.

The motion to approve (as amended to add the 24-month road improvement requirement and two‑year review/expiration) carried by roll call (yes: Corey; Bo; Chris; Barry; Steve). The county staff summary of conditions included compliance with the Williams County zoning ordinance and county approach/road standards, any required approach permits, state and local code compliance and the private reclamation agreement between landowner and company.

The commission did not adopt a countywide reclamation ordinance at the hearing; several commissioners said they could consider countywide rules in the future, but that the zoning code allows attachment of site-specific conditions to mitigate impacts.

Votes at a glance: Energy Sand Solutions LLC (LUDash0087Dash24) — conditional use permit to operate frac sand facility; approved with conditions (road reconstruction within 24 months; two-year review/expiration; interim haul route allowed); roll call vote: Corey, Bo, Chris, Barry, Steve — yes; outcome: approved.