HomeMy WebLinkAbout20252968.tiff Resolution
Approve Use by Special Review Permit, USR24-0019, for Uses similar to Organic
Composting (Biochar processing), outside of subdivisions and historic townsites
in the A (Agricultural) Zone District— NGL Water Solutions DJ, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners held a public hearing on the 5th day of
November, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of NGL Water Solutions DJ, LLC, 865 North Albion Street,
Suite 500, Denver, Colorado 80220, for Use by Special Review Permit, USR24-0019, for
Uses similar to Organic Composting (Biochar processing), outside of subdivisions and
historic townsites in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lots A and B of Recorded Exemption, RECX17-0182; being part of the N1/2
of Section 28, Township 1 North, Range 66 West of the 6th P.M., Weld
County, Colorado
Whereas, at said hearing, the applicant was present and represented by Bob Choate,
Goan, Payton and Payne, LLC, 103 West Mountain Avenue, Suite 200, Fort Collins,
Colorado 80524, and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission, and all of the exhibits and evidence presented in this
matter, and having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
1) Section 22-2-10.A states: "Respecting Our Agricultural Heritage.
Weld County has an agricultural heritage built upon the hard work of
pioneers and farmers on traditional family farms. Weld County is now
(DE/PW/OA/VA/KR),CR(OA 2025-2968
ASRCSG),AM.,ftPPL.REP. PL2973
It/moo/g.5
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 2
one of the most economically productive agricultural counties in the
nation. The Weld County Right to Farm Statement and the Goals and
Objectives in this Plan support the importance of agriculture in the
County." The applicant, Biochar Now, LLC, is requesting a Use by
Special Review (USR) for the establishment and operation of a
biochar manufacturing facility on about 16 acres of a 33-acre site.
Biochar is created via pyrolysis, that is, heating organic matter, in the
absence of oxygen, at temperatures above 900°F, in a kiln. Biochar
is utilized as an agricultural soil amendment. The source of the
organic matter will include waste wood, such as pallets from Vestas.
Biochar Now utilizes a proprietary pyrolysis technology that reduces
emissions.
2) Section 22-2-10.B states: "Respecting Private Property Rights. One
of the basic principles upon which the United States was founded is
the right of citizens to own and utilize property so long as that use
complies with local regulations and does not interfere with or infringe
upon the rights of others." If this USR is approved, a new
1,500-square-foot modular office will be constructed. The stockpiles
of waste wood will be placed on a new 10,000-square-foot concrete
pad and will not exceed 20 feet in height. There will be 40 kilns onsite
with approximately 30 kilns operating at any one time. The kilns will
operate 24 hours a day, 7 days a week, 365 days a year. The 24-hour
workdays will be split into three (3) eight (8)-hour shifts with four (4)
employees per shift. The maximum number of employees and
delivery drivers, etc. onsite at any one (1) time will not exceed 18.
A new commercial well and an On-site Wastewater Treatment
System (OWTS) will be constructed. There will be no customers or
visitors at the site. Gravel will be placed on all the driving areas and
in the portion of land where the active kilns will be located. The other
equipment on the site includes a mobile shredder, a mobile screener,
a skid steer, a loader, a 500-gallon diesel tank, and an 18,000-gallon
propane tank, both with secondary containment. The Brighton Fire
Rescue District has been contacted by the applicant to ensure
appropriate fire prevention measures are in place.
The site contains three (3) EPA Class II injection wells and
associated facilities (ROY Salt Water Disposal PAD) that were
constructed on the site circa 2019, and each well is covered with a
250-square-foot shed. The three (3) injection wells were installed
without a land use permit and in order for Biochar Now, LLC, to
commence operations on the subject property these injection wells
are required to be properly permitted. On July 25, 2025,
1041WOGLA25-0021, was submitted to the Weld County Oil and
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 3
Gas Energy Department to permit the injection wells. As of the date
of this hearing the WOGLA is still under review.
3) Section 22-2-30.0 states: "Harmonize development with surrounding
land uses."The application materials include mitigation strategies for
the visual, audio (noise), lighting, waste, and dust, and traffic
impacts. The application materials state that, due to the patented
pyrolysis method used, emissions are mitigated and in compliance
with the Colorado Department of Public Health and Environment
(CDPHE) emission requirements. Visual impacts will be addressed
by the installation of an eight (8)-foot opaque metal fence around the
site. While no landscaping is proposed, the fencing will provide a
visual screen from adjacent properties and public rights-of-way.
Lighting at the facility will be directional, aimed away from nearby
residential properties. Free-standing sound walls will surround the
equipment, like the shredder and the kilns, to ensure that the noise,
as measured at 25 feet off the property line, will not exceed
the 55 dBA noise allowance. The application materials also include
a Waste Handling Plan that addresses containment and cleanup
protocols, as well as a Dust Abatement Plan. Truck traffic and other
nuisance activities, i.e. activities generating noise or light, will occur
during daylight hours, typically, 6:00 a.m. to 8:00 p.m., April through
October, and 7:00 a.m. to 7:00 p.m., November through March.
B. Section 23-2-230.B.2—The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." Biochar
manufacturing is directly related to agricultural production and is also
used in energy development.
2) Section 23-3-40.W Use by Special Review, of the Weld County
Code, allows for "Organic Fertilizer Production/Composting
Facilities" in Lots outside of a subdivision and historic townsite in the
A (Agricultural) Zone District.
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 4
3) Section 23-1-90 states that organic fertilizer production/composting
facilities are facilities where animal manure and other biodegradable
materials are brought from other properties for composting. The
waste wood proposed to be composted are the wooden pallets from
Vestas and other companies along the U.S. Highway 85 corridor.
Waste wood meets the definition of 'biodegradable product',
therefore, the Biochar Now operation is a use that can be permitted
under Section 23-3-40 of the Weld County Code.
C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are zoned
A (Agricultural) and the land uses include pastures, crops and rural
residences. There are two (2) residences within 350 feet of the site, one (1)
to the south and one (1) to the east. There are nine (9) USRs within one (1)
mile of the site. SUP-349, for a 500-head hog farm; CUP-12, for a
single-family residence; SUP-93, for a 1,500-head feedlot for cattle;
USR-1676, for a research, repair, and manufacturing facility; USR14-0018,
for a dump station and storage facility; USR16-0034, for open pit mining;
USR17-0032, for a greater than 12-inch, high pressure natural gas pipeline;
USR17-0070, for a mineral resource development facility; and
USR20-0009, for a kennel and the keeping of exotic animals.
There are nine (9) agriculturally zoned properties within 500 feet of the
subject property. There are five (5) unique property owners, with one (1)
owner owning five (5) of the surrounding properties. The Weld County
Department of Planning Services sent notice to the five (5) surrounding
property owners (SPOs), as well as United Power, two (2) ditch companies,
Kerr-McGee and HS Resource. In return, 11 letters of objection were
received; five (5) from the SPOs within 500 feet (with one [1] owner
submitting two [2] letters), three (3) from property owners outside the
500-foot buffer, and one (1) letter from an equine veterinarian, expressing
concerns about the effect on animals. Two (2) letters were received
outlining concerns about the negative effect on animals and/or the
environment, one (1) from Stillwater Outfitters, and one (1) from the
Environmental and Animal Defense (eaDefense) organization. All of these
letters outline concerns about potential air, noise, and light pollution,
disturbance to ecosystems, adverse impacts to wildlife, livestock, and other
animals, carcinogenic dust from charcoal, increased traffic, decreased
property value, fire safety, drainage issues, compatibility with surrounding
agricultural operations, and lack of adequate visual screening. The letters
also stated the existing alfalfa production on the property would be
eliminated, thereby disrupting historic agriculture and contributing to the
decline of productive farmland.
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 5
The scientific abstract submitted by eaDefense indicated, among other
things, that pyrolysis produces ozone, there will be a negative effect to the
air quality, noise will exceed the 55 dBA, the establishment of the biochar
facility will result in the loss of prime farmland, and the proposed screening
is not adequate. Biochar Now, LLC, submitted a response to the SPO letters
and stated a neighborhood meeting was held on October 12, 2024. The
response included a copy of two (2) emails from Biochar Now, LLC, dated
February 1, 2025, and October 2, 2024, and articles on biochar. The
response to the concerns also included a publication excerpt from Research
Gate, entitled, "All biochars are not created equal and how to tell them
apart", a technical report from Northern California Accutest Laboratories
concerning soil testing, and a Memorandum from Trinity Consultants
entitled, "process description and emissions summary". The email dated
February 1, 2025, stated Biochar Now utilizes patented technology for
pyrolysis, meets the CDPHE emission guidelines, and referenced the
Research Gate article. The email also stated Biochar Now's biochar has
been tested and there are no hydrocarbons in the exhaust, and because
there are no polycyclic aromatic hydrocarbons (PAHs) in the final product,
it does not cause cancer.
Colorado Parks and Wildlife submitted referral agency comments, dated
February 3, 2025, with no concerns. The CDPHE Air Pollution Control
Division submitted referral agency comments, dated September 23, 2025,
that stated, per Regulation No. 3, an Air Pollutant Emissions Notice (APEN)
is required, and listed recommendations for dust abatement. The Weld
County Office of Emergency Management and Brighton Fire Rescue did not
respond with any referral agency comments. With the patented technology
utilized by the kilns, the proposed screening around the site, the noise and
visual mitigation, and the truck trips limited to daylight hours, the proposed
use is in an area that can support this development and the Conditions of
Approval and Development Standards will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
D. Section 23-2-230.B.4 —The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities. The site
is located within the Coordinated Planning Agreement (CPA) area for the
City of Fort Lupton. As part of the pre-application process the City was sent
a Notice of Inquiry (NOI). The City of Fort Lupton submitted a NOI, dated
January 19, 2024, that stated, "The site is south of our [Fort Lupton's]
current IGA boundary with the City of Brighton. We [City of Fort Lupton] will
review and respond to any future land use proposed once we receive a
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 6
referral." The site is located within the City of Brighton's Future Land Use
Map. The land use depiction on the City of Brighton's 2016 Future Land Use
Map is Agriculture (Adams / Weld County). The site is also located within
the three (3) mile referral area of the Town of Lochbuie and the Cities of
Brighton and Fort Lupton. The Town of Lochbuie and the City of Brighton
did not submit referral agency comments. The City of Fort Lupton submitted
a referral agency comment with no concerns, dated September 24, 2024.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 22 if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the county.
The property is not located within any overlay district officially adopted by
the County, including A-P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, Special Flood Hazard Area, Historic Townsites Overlay
District, or Agricultural Heritage Overlay District. Building Permits issued on
the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 - The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
indicated 54% of the site consists of low-slope (0-3%) Olney fine sandy
loam, classified as "Prime farmland if irrigated." The remaining 46% is on
soils classified as "Farmland of Statewide Importance", consisting of
low-slope (0-3%) Renohill clay loam (26%) and low-slope (0-3%) Vona
sandy loam (20%). The Injection Wells are located on approximately
three (3) acres of Renohill clay loam and two (2) acres of Olney fine sandy
loam. The Biochar facility will encompass about 16 acres with approximately
five (5) of those acres classified as "Farmland of Statewide Importance".
The facility will remove approximately five (5) acres of "Farmland of
Statewide Importance" from production.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
there are adequate provisions for the protection of the health, safety; and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and county
and will address and mitigate impacts on the surrounding area with the
operation of this facility.
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 7
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of NGL Water Solutions DJ, LLC, for Use by Special Review
Permit, USR24-0019, for Uses similar to Organic Composting (Biochar processing),
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
parcel of land described above, be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement with off-site, triggered improvements is
required. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
B. A Final Drainage Report and Certificate of Compliance, stamped and signed
by a Professional Engineer, registered in the State of Colorado, is required.
C. The applicant shall create, by separate document (and record with the Weld
County Clerk and Recorders office), a 30-foot-wide minimum access and
utility easement needed to provide legal access to Lots A and B of Recorded
Exemption, RECX17-0182.
D. The applicant shall submit a recorded copy of any agreement signed by all
owners of property crossed by the access. The access shall be for ingress,
egress, and utilities and shall be referenced on the USR map by the Weld
County Clerk and Recorder's Reception number.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0019.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The map shall delineate the accepted landscaping and/or screening.
5) The map shall delineate the parking area for the trucks.
6) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the issue
of trash collection areas.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code, if applicable.
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 NGL Water Solutions DJ, LLC
Page 8
8) County Road 6 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
9) The applicant shall show and label the approved shared access
location, the approved access width (40 feet is the maximum width
allowed at the right-of-way), and the appropriate turning radii (65 feet
is the minimum radius allowed for commercial uses) on the USR
map. Include in the label, "Shared access for the benefit of Lots A
and B of RECX17-0182", and provide all applicable access types
(i.e., Agricultural, Residential, Commercial/Industrial, and/or Oil and
Gas). The applicant must obtain an Access Permit in the approved
location, prior to construction.
10) The applicant shall delineate and label (with Reception number) the
30-foot-wide (minimum) access and utility easement needed to
provide legal access to Lots A and B of RECX17-0182. Include in the
label, "For the benefit of Lots A and B of RECX17-0182".
11) The applicant shall label the existing access located on the diagonal
portion of County Road 6, "To be closed and reclaimed".
12) The applicant shall label the existing access located approximately
1,320 feet west of County Road 31, "To be closed and reclaimed".
13) The applicant shall show and label the approved tracking control.
14) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
15) The applicant shall show and label a 30-foot-wide minimum access
and utility easement to provide legal access to the parcel on the site
plan.
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 9
16) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No-Build or Storage Area" and shall include the calculated water
quality and detention volumes.
17) The applicant shall show and label the drainage flow arrows.
18) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a USR map along with all other documentation required as Conditions
of Approval. The USR map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The USR map and additional requirements shall be submitted within 120
days from the date of the Board of County Commissioners' Resolution. The
applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3)-month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
Building or Electrical Permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to Operation:
A. The applicant shall provide evidence of a Recycling Facility Registration and
a CDPHE-approved Design and Operations Plan.
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 10
Use by Special Review Permit
Development Standards
NGL Water Solutions DJ, LLC
USR24-0019
1. Use by Special Review Permit, USR24-0019, is for Uses similar to an Organic
Composting (Biochar processing), outside of subdivisions and historic townsites in
the A (Agricultural) Zone District, subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
3. Any future structures or uses onsite must obtain the appropriate Zoning and
Building Permits.
4. The hours of operation are 24 hours per day. Deliveries and waste wood shredding
and screening activities will occur between 6:00 a.m. and 8:00 p.m., April through
October, and 7:00 a.m. and 7:00 p.m., November through March, as stated in the
application materials.
5. The number of employees shall be up to 12, as stated in the application materials.
6. The number of on-site commercial vehicles shall be no more than eight (8)
passenger cars, 12 tandem trucks, and three (3) semi-trucks per day, as stated in
the application materials.
7. No vehicle repair, washing, or service shall occur onsite.
8. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall
be stored on the site.
9. The parking area on the site shall be maintained.
10. The existing and proposed landscaping/screening shall be maintained, per the
accepted Landscaping/Screening Plan.
11. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code,
if applicable.
12. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
13. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off-site tracking.
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 11
14. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
15. Any work that may occupy and/or encroach upon any County rights-of-way or
easement shall require an approved Right-of-Way Use Permit prior to
commencement.
16. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement.
17. The Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates.
18. The historical flow patterns and runoff amounts will be maintained on the site in
such a manner that it will reasonably preserve the'natural character of the area
and prevent property damage of the type generally attributed to runoff rate and
velocity increases, diversions, concentration and/or unplanned ponding of
stormwater runoff.
19. Weld County is not responsible for the maintenance of on-site drainage related
features.
20. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
21. No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
22. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article I of the Weld County Code.
23. Fugitive dust should attempt to be confined on the property. Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations.
The facility shall be operated in accordance with the accepted Dust Abatement
Plan, at all times.
24. The operator shall submit an Air Pollution Emission Notice (APEN) and Emissions
Permit Application and obtain permits from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 12
25. The applicant shall submit a Recycling Facility Annual Reporting Form for the
previous year to the Colorado Department of Public Health and Environment, and
the Weld County Department of Public Health and Environment.
26. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103. The facility shall operate
in accordance with the accepted Noise Modeling Report, including mitigation
measures.
27. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times.
28. The owner should be aware that while they may be able to obtain a Well Permit
from the Office of the State Engineer, Division of Water Resources, the quantity of
water available for usage may be limited to specific uses, i.e. domestic use only,
etc. Also, the owner should be made aware that groundwater may not meet all
drinking water standards as defined by the Colorado Department of Public Health
and Environment. We strongly encourage the owner to test their drinking water
prior to consumption and periodically test it over time.
29. Any On-site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
30. The applicant shall comply with all provisions of the Liquefied Petroleum Gas
Regulations (7 CCR 1101-15), as applicable.
31. A Colorado Discharge Permit System (CDPS) from the Colorado Department of
Public Health and Environment, Water Quality Control Division, shall be obtained
as applicable.
32. The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations, as applicable.
33. A current Professional Engineer certified and signed copy of the Spill Prevention,
Control, and Countermeasure Plan shall be available onsite, at all times.
34. All chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
35. The facility shall notify Weld County of any revocation and/or suspension of any
State-issued permit.
36. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 13
37. The applicant shall utilize full cut-off fixtures for any on-site lighting. Sources of
light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the
adjacent properties in accordance with the plan. Neither the direct, nor reflected,
light from any light source may create a traffic hazard to operators of motor vehicles
on public or private streets. No colored lights may be used, which may be confused
with, or construed as, traffic control devices.
38. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld
County Code. Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2018 International Codes, 2018 International
Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, or an Open Hole Inspection
shall be required. A Building Permit must be issued prior to the start of construction.
39. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
40. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
41. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
42. Necessary personnel from the Weld County Departments of Planning Services,
Public Works, and Public Health and Environment shall be granted access onto
the property at any reasonable time in order to ensure the activities carried out on
the property comply with the Conditions of Approval and Development Standards
stated herein and all applicable Weld County regulations.
43. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or
stated, shall require the approval of an amendment of the Permit by the Weld
County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
2025-2968
PL2973
Use by.Special Review Permit, USR2-0019— NGL Water Solutions DJ, LLC
Page 14
44. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board
of County Commissioners.
45. Construction or use pursuant to approval of a Use by Special Review Permit shall
be commenced within three (3) years from the date of Board of County
Commissioners signed Resolution, unless otherwise specified by the Board of
County Commissioners when issuing the original Permit, or the Permit shall be
vacated.
46. This Use by Special Review shall terminate when the use is discontinued for a
period of three (3) consecutive years, the use of the land changes or the time
period established by the Board of County Commissioners through the approval
process expires. The landowner may notify the Department of Planning Services
of a termination of the use, or Planning Services staff may observe that the use
has been terminated. When either the Department of Planning Services is notified
by the landowner, or when the Department of Planning Services observes that the
use may have been terminated, the Planner shall send certified written notice to
the landowner asking that the landowner request to vacate the Use by Special
Review Permit.
47. In such cases where the Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by Special Review Permit, a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be
vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated.
2025-2968
PL2973
Use by Special Review Permit, USR2-0019 — NGL Water Solutions DJ, LLC
Page 15
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 5th day of November, A.D., 2025:
Perry L. Buck, Chair: Nay
Scott K. James, Pro-Tem: Nay , ' 1 m _ 1� �``,, �+‘
Jason S. Maxey: Aye / .
Lynette Peppler: Ayeop
Kevin D. Ross: Aye !
Approved as to Form: St
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-2968
PL2973
Hello