HomeMy WebLinkAbout20252969.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
U S R24-0019
NGL Water Solutions DJ, LLC
Diana Aungst
Use by Special Review Permit for Uses similar to organic composting (Biochar
processing) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
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.
South of and adjacent to County Road 6; approximately 0.25 miles west of County
Road 31.
be recommended favorably to the Board of County Commissioners 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. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
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 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 sixteen (16) acres of
a thirty-three (33) acres 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 the waste wood like
the pallets from Vestas. Biochar Now utilizes a proprietary pyrolysis technology that reduces
emissions.
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. These
stockpiles will not exceed twenty (20) -feet in height. There will be forty (40) kilns on site with
about thirty (30) kilns operating at any one time. The kilns will operate 24 hours a day / 7 days
a week / 365 days a year. The twenty-four (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. on site at any one time will not exceed eighteen (18). A new commercial
well and an on -site wastewater treatment system (OWTS) will be constructed. There will be no
customers or visitors at this 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 five hundred (500) -gallon diesel tank,
and an 18,000 -gallon propane tank, both with secondary containment. Brighton Fire Rescue
District has been contacted by the applicant to ensure appropriate fire prevention measures
are in place.
Resolution USR24-0019
NGL Water Solutions DJ, LLC
Page 2
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, each well is covered with a
two hundred fifty (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 The On July 25, 2025, a
1041 WOGLA25-0021 was submitted to the Weld County Oil and Gas Energy Department to
permit the injection wells As of the date of this hearing the WOGLA is still under review
Section 22-2-30 C 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 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District
Section 23-3-10 -- Intent, of the Weld County Code 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
Section 23-3-40 W Uses 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
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 US -85 corridor Waste wood meets the definition of
'biodegradable product' therefore the Biochar Now operation is a use that can be permitted
under 23-3-40 of the Weld County Code
C Section 23-2-220 A 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
Resolution USR24-0019 ,
NGL Water Solutions DJ, LLC
Page 3
There are nine (9) USRs within one mile of the site SUP -349 for a 500 head hog farm 500,
CUP -12 for a single-family residence, SUP -93 for a 1,500 head feed lot for cattle, USR-1676
for a research, repair, and manufacturing facility, USR14-0018 for adump station and storage
facility, USR16-0034 for an 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, 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 as well as United Power, two (2) ditch companies, Kerr McGee and HS
Resource Eleven (11) letters of objection were received Five (5) from the surrounding property
owners (SPOs) within 500 feet (with one (1) owner submitting two (2) letters), three (3) from
property owners outside the 500 -foot buffer Additionally, a letter from an equine veterinarian,
was received with 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 that the existing alfalfa production on the property would be eliminated, thereby
disrupting historic agriculture and contributing to the decline of productive farmland -
_The scientific abstract submitted by Environmental and Animal Defense (eaDefense) indicated
that, among other things, pyrolysis produces ozone, there will be a negative effect to the air
_ quality, noise will exceed the 55 dB, 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 that 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 that Biochar Now utilizes patented technology for pyrolysis and meets the
Colorado Department of Public Health and Environment (CDPHE) emission guidelines and
referenced the Research Gate article The October 2, 2024, email states 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
The Colorado Parks and Wildlife submitted referral agency comments dated February 3, 2025,
with no concerns Colorado Department of Public Health and Environment's Air Pollution
Control Division (CDPHE) submitted referral agency comments dated September 23, 2025 that
stated that 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 Development Standards and the Conditions
of Approval will assist in mitigating the impacts of the facility on the adjacent properties and
ensure -compatibility with surrounding land uses and the region
Resolution USR24-0019
NGL Water Solutions DJ, LLC
Page 4
D Section 23-2-220 A 4 -- That the uses which would 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 Area (CPA) 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 Notice of Inquiry dated January 19, 2024, that states, "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 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 areas 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 23-2-220 A 5 -- That the application complies with Articles V and XI of this Chapter 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, I-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 23-2-220 A 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 indicates that 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 about three (3) acres of Renohill clay loam and
2 acres of Olney fine sandy loam The Biochar facility will encompass about sixteen (16) acres
with about five (5) of those acres classified as "Farmland of Statewide Importance" The facility
will remove about five (5) acres of "Farmland of Statewide Importance" from production
G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County
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
that there are adequate provisions for the protection of 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 that
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
Resolution USR24-0019
NGL Water Solutions DJ, LLC
Page 5
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
Services)
B. A Road Maintenance Agreement with off -site triggered improvements is required for this case.
Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. (Development Review)
C. A Final Drainage Report and Certificate of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
D. 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 RECX17-0182. (Development Review)
E. 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, utilities and shall be referenced
on the USR map by the Weld County Clerk and Recorder's Reception number. (Development
Review)
The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0019 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The map shall delineate the accepted landscaping and/or screening. (Department of
Planning Services)
5. The map shall delineate the parking area for the trucks. (Department of Planning Services)
6. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
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. (Department of Planning Services)
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 on the site map or plat the future and existing right-of-
way (along with the documents creating the existing right-of-way) and the physical location
of the road. All setbacks shall be measured from the edge of right-of-way. This road is
maintained by Weld County. (Development Review)
Show and label the approved shared access location, the approved access width (forty
(40) feet is the maximum width allowed at the right-of-way), and the appropriate turning
radii (sixty-five (65) feet is the minimum radius allowed for commercial uses) on the USR
Resolution USR24-0019
NGL Water Solutions DJ, LLC
Page 6
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 (Development Review)
10 Delineate and label (with reception number) the thirty (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" (Development
Review)
11 Label the existing access located on the diagonal portion of County Road 6, "TO BE
CLOSED AND RECLAIMED" (Development Review)
12 Label the existing access located approximately 1,320 feet west of County Road 31, "TO
BE CLOSED AND RECLAIMED" (Development Review)
13 Show and label the approved tracking control (Development Review)
14 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 (Development Review)
15 Show and label a 30 -foot -wide minimum access and utility easement to provide legal
access to the parcel on the site plan (Development Review)
16 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 (Development Review)
17 Show and label the drainage flow arrows (Development Review)
18 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Development Review)
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 one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution The applicant shall be
responsible for paying the recording fee (Department of Planning Services)
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 3 -month period (Department of
Planning Services)
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 (Department of Planning Services)
Resolution USR24-0019
NGL Water Solutions DJ, LLC
Page 7
5 Prior to Construction
A The approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
6 Prior to Operation
A The applicant shall provide evidence of a Recycling Facility Registration and a CDPHE-
approved design and operations plan (Department of Planning Services)
Motion seconded by Cole Ritchey
VOTE
For Passage
Butch White
Michael Wailes
Virginia Guderjahn
Cole Ritchey
Against Passage
Michael Biwer
Hunter Rivera
Absent
Michael Palizzi
Barney Hammond
Calven Goza
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on October 7, 2025
Dated the 7'h of October, 2025
43V -.661L, atult
Kristine Ranslem
Secretary
Resolution USR24-0019
NGL Water Solutions DJ, LLC
Page 8
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Biochar Now, LLC
USR24-001 9 '
1 A Use by Special Review Permit, USR24-0019, 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 (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
4 The hours of operation are twenty-four (24) hours a day Deliveries and waste wood shredding and
screening activities will occur between 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, as stated in the application materials (Department of Planning
Services)
5 The number of employees shall be up to twelve (12) as stated in the application materials (Department
of Planning Services)
6 The number of on -site commercial vehicles shall be no more than eight (8) passenger cars, twelve (12)
tandem trucks, and three (3) semi -trucks per day, as stated in the application materials (Department
of Planning Services)
7 No vehicle repair, washing, or service shall occur on site (Department of Planning Services)
8 No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be stored on the site
(Department of Planning Services)
9 The parking area on the site shall be maintained (Department of Planning Services)
10 The existing and proposed landscaping/screening shall be maintained per the accepted
Landscaping/Screening Plan (Department of Planning Services)
11 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable
(Department of Planning Services)
12 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code (Development Review)
13 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Development Review)
14 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
15 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Development Review)
16 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
17 The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates (Development Review)
Resolution USR24-0019
NGL Water Solutions DJ, LLC
Page 9
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 (Development Review)
19 Weld County is not responsible for the maintenance of onsite drainage related features (Development
Review)
20 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination (Department of Planning Services)
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, 30-20-100 5, C R S (Department of Planning Services)
22 Waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code (Department of Planning Services)
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 (Department of Planning Services)
24 The operation shall submit an Air Pollution Emission Notice (A P E N) and Emissions Permit
Application and obtain permits from the Air Pollution Control Division, Colorado Department of Public
Health, and Environment, as applicable (Department of Planning Services)
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 Weld County Department of Public Health
and Environment (Department of Planning Services)
26 The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C R S The facility shall operate in accordance with the accepted noise
modeling report including mitigation measures (Department of Planning Services)
27 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times (Department of,Planning Services)
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 (Department of Planning Services)
29 Any On -Site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On -Site Wastewater Treatment Systems (Department of Planning
Services)
30 The applicant shall comply with all provisions of the Liquefied Petroleum Gas Regulations (7 CCR 1101-
15), as applicable (Department of Planning Services)
31 A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health and
Environment (CDPH&E), Water Quality Control Division, shall be obtained as applicable (Department
of Planning Services)
Resolution USR24-0019
NGL Water Solutions DJ, LLC
Page 10
32 The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations, as applicable (Department of Planning Services)
33 A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan shall be
available on site, at all times (Department of Planning Services)
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 (Department of Planning Services)
35 The facility shall notify Weld County of any revocation and/or suspension of any State issued permit
(Department of Planning Services)
36 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code (Department of Planning Services)
37 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 (Department of Planning Services)
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 has been adopted by Weld County 2018 International Building
Codes, 2018 International Energy 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, shall be required or an Open Hole Inspection A building permit must be issued prior to the
start of construction (Department of Building Inspection)
39 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs (Department of
Planning Services)
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 (Department of Planning Services)
41 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended
(Department of Planning Services)
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
Resolution USR24-0019
NGL Water Solutions DJ, LLC
Page 11
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
Summary of the Weld County Planning Commission Meeting
Tuesday, October 7, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Butch White, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia Guderjahn
Absent: Michael Palizzi, Barney Hammond, Calven Goza
Also Present: Chris Gathman, Matthew VanEyll, Angela Snyder, and Jim Flesher, Department of Planning
Services, Mike McRoberts, Aaron Maurice, Dan Campbell, Development Review, Karin McDougal, County
Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location
USR24-0019
NGL Water Solutions DJ, LLC
Angela Snyder
Use by Special Review Permit for Uses similar to organic composting (Biochar
processing) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
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.
South of and adjacent to County Road 6; approximately 0.25 miles west of County
Road 31.
Angela Snyder, Planning Services, presented Case USR24-0019, reading the recommendation and
comments into the record. Ms. Snyder noted that Staff received several letters of objection to this
application outlining concerns about the negative impact on animals and the environment, 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 and lack of adequate visual screening.
Ms. Snyder said that the emission test determined that PAHs (Polycyclic Aromatic Hydrocarbons) and
PCBs (polychlorinated Biphenyhls) were not present. She added that state permits will be obtained prior
to operation and this facility will be registered as an industrial recycling facility with CDPHE and will follow
environmental best practices.
The noise study shows that without mitigation, the 55 decibel limit would have been exceeded at certain
locations; however the applicant has proposed sound wall mitigation and berming in order to make the site
meet those limits. The 12 foot tall sound wall panels will bring the noise levels down below the required
noise standards. Additionally, there will be 6 -foot berms located to the east and south of the site to help
mitigate the dust and noise concerns.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Bob Choate, Coan, Payton & Payne, LLC, 1711 61St Avenue, Greeley, Colorado, stated that the access
location is ideal for traffic purposes and added that they don't anticipate any traffic going to the east. He
added that there are existing agriculture and oil and gas operations in the area.
1
Dylan Van Demark, Operations Manager, 19500 CR 7, Berthoud, Colorado, stated that this operation
started in Berthoud in 2011 and it produces a high quality bio-char product He added that it looks similar
to charcoal but the product produced is a highly pure carbon product made from non -merchantable and
landfill -diverted wood waste in their patented kiln technology The product that is produced will have unique
qualities in soil amendments and water filtration Mr Van Demark said that the proposed site is a
conversion site and the finished product material will be packaged at the Berthoud facility
Mr Choate stated that this is an agricultural product that is being produced and is very valuable to the oil
and gas industry He added that the primary market is with the agricultural establishments, in water
conservation and dairies
Mr Choate stated that a neighborhood meeting was held one year ago in which there were 11 attendees
who expressed concern regarding air emissions, noise, visual/aesthetics, trucks/traffic, stormwater
drainage and vehicular access
The emissions are in strict compliance with the CDPHE issued Air Permit and complies with all APEN
requirements Mr Choate explained that it is in Biochar's best interest to keep the particulate matter in the
kiln He added that they use the heat from the pyrolysis to continue to break that woody material down to
purer forms of this carbon material The vast majority of the emissions from this site will be from burning
propane and not from the burning material
In regard to noise, the sound study shows that the site will not produce noise above the noise standards
Mr Choate stated that there are additional landscape berms on the east and south sides of the property as
well as sound walls that will also help mitigate that
Mr Choate said that they are relocating the existing access for the safety and comfort of the neighbors
The shared access with the NGL Injection Well Facility will help reduce impacts
Mr Choate said that there will be no pelletizing, processing or bagging at this facility and added that the
manufacturing part of the product will be performed at the Berthoud facility
Commissioner Biwer said that wood pallets were going to be more of the stock material, however, he also
read the inclusion of railroad ties and referred to the patented process and asked how that process
addresses the emissions He added if it was clean wood it would be fine, but he expressed concern
regarding the creosote and stuff you can get from other material
Mr Van Demark said that the presence of PAHs within treated wood, such as railroad ties, are variables
that are observed in this process and the type of carbon product that is produced binds any molecule
compound that it comes into contact with which makes their carbon different from a lot of other biochars
produced He added that PAHs that are present in the wood that goes into this process can still be present
in the end product but it is bound within that structure Mr Van Demark said that they ensure that the end
product is 90% pure carbon
Commissioner Wailes asked how the landfill product gets to this facility He further asked if this is
accessible to the public Mr Van Demark said that they work with wood waste contractors who handle the
wood waste and all of the sorting and deliver the material to them instead of the landfill He added that this
facility is not open to the public
Commissioner Wailes asked what the product looks like and how it is transported out Mr Van Demark
showed a visual image of four different sizes of the product and added that it is then loaded onto a truck
hauled to the Berthoud facility where it is sized, sorted and packaged Mr Wailes asked how many trucks
would be coming in and out of the facility per day Mr Van Demark said it would have one (1) outbound
truck per day and added that the vast majority of the truck traffic is bringing materials to the site
Commissioner Biwer asked where the material is stored once it comes out of the kiln and until it gets picked
up and removed Mr Van Demark said that once the material goes through the pyrolysis process it is
2
retained in those kilns, which are sealed ,He added that it is then opened and loaded into trucks for hauling
out
The Chair asked if there'was anyone in the audience who wished to speak for or'against this application
Jeri Yarbrough, 14512 CR 6, stated that she lives 500 feet from this proposed site Ms Yarbrough read a
letter from her attorney into the record Mr Yarbrough operates a home boarding facility and grows hay
and has been verbally advised by the realtor representing Blocher Now that once the site is operational she
will no longer be able to engage in her hay farming because of impacts from Blocher Now and clarified that
she won't be able to irrigate her hay She expressed concern that the air pollutants may lead to significant
chronic health problems in her horses ,
Doug Massey, 15013 CR 6, stated that they haven't answered how they are going to -haul the material He
asked if the material be in an end dump truck,' covered, or in a live -bottom trailer He also asked how you
can burn a railroad tie or power pole and not get any smell from it Mr Massey also expressed concern
with a solid fence and the wildlife and asked if there will be any traffic going east from the facility
David Sack, 14323 CR 6, stated that he owns property to the south and to the west and operates a cow -
calf operation on site He expressed concern regarding the pollutants and added that he has three water
ponds next to the facility -He doesn't know if the smoke will pollute it He is also worried with the cattle and
the breathing problems
Tony Hale,_ 14760 CR 6, stated that he lives on the east side of the proposed site He does oppose this
operation at this location, although he believes it has some good technology He expressed concern on
the air emissions and added that any dust would blow right into their house He added that he and his son
have asthma and with these respiratory issues they feel this would be extremely harmful to them
Mary Lou Stewardson, 13918 CR 4, Brighton, Colorado, said that they have farmed for 40 years and never
heard of using charcoal for any agricultural soil amendments She added that they don't need a dump
burning trash next to their farms and expressed concern for the wildlife in the area She also asked what
that kind of heat does to the air
Kill Crawford, 14510 CR 6, Ft Lupton, Colorado, stated that she lives to the west of this proposed site Ms
Crawford stated that while the product_is being made for agricultural use, the process of producing it is
industrial She stated that she raises horses and expressed concern of equine respiratory problems Her
veterinarian shares these same concerns and read a letter into the record from her,vetennanan expressing
concerns related to the respiratory risks from the air emissions
,
Rachael Brown, 14510 CR 6, Ft Lupton, Colorado, stated that she echoed all of the concerns stated today
and added -that she has to put a lot of faith in Blocher Now that they would abide by the air quality
regulations She expressed concern that their facility in Berthoud had some air quality violations
The Chair asked the applicant to address some of the public comments Mr Choate asked for a short
recess to discuss with his team regarding some new information that was brought up during public
testimony f
The Chair called a recess at 4 38 p m and reconvened the hearing at 4 45 p m •
Mr Choate said that in regard to the problem with Ms Yarbrough's inability to farm with her current
operation he doesn't have all the details of that but he understands that in the past NGL did lease a portion
of their field to her and she was farming this property and that lease was previously terminated He said
that he is not aware of what would stop her from farming her own land with her own water He added that
he will talk to her to ensure that there is nothing on this site that stops her from using her water on her land
3
Mr Choate said that the trucks are covered and closed when hauling the product to the Berthoud facility
He added that what comes out of this facility are big chunks of black wood comparable to the size of your
arm so it won't be blowing away in the wind
Mr Choate said that the solid fence is in pieces in addition to the berming and it wouldn't prohibit land
bound wildlife going through He understands the sound walls are not aesthetic but due to mitigating the
noise it will be in a limited area
Mr Choate said that they understand the concern regarding air emissions and said that the process is not
incineration but rather a chemical reaction in a fully enclosed kiln He added that there is no smoke and
the emissions are from propane and not what is inside the kilns They understand the concerns regarding
health, however, it does not emit any particles
Mr Choate referred to the comments regarding violations of Biochar's Air Permit at the Berthoud facility
and said that the 2020 violation was a technical violation and added that they didn't have the nght Air Permit
so it was a paperwork issue He added that they didn't have to make any changes to their facility as they
just updated the air permit to allow for what they were doing In 2023 there was a violation due to the diesel
generator that operated for too long and too high
Commissioner White asked how the air testing is done Mr Van Demark said that compliance testing is
performed on site In Berthoud, a third party testing company performs evaluation testing every two years
that lasts three consecutive days and they have monitoring equipment to determine what their emissions
are and ensure they stay below those thresholds
Commissioner Wailes asked if the applicant performs any testing themselves between the state testing
Mr Van Demark said that they do not test the air emissions, however, they do compliance testing on their
finished product on the carbon itself
Commissioner White asked if there is any odor generated from this process Mr Van Demark said that the
emissions stack regulates all that particulate matter as well as what generates odor and so the primary
emission is from burning propane and that would be the odor profile He added that the only odor that is
noticeable is if you are right up next to the kiln and it kind of smells like campfire
The Chair asked Staff if they have any changes to the conditions of approval or development standards
Ms Snyder requested the removal of Condition of Approval 1 A as it has been completed
Motion Delete Condition of Approval 1 A, as recommended by Staff, Moved by Michael Wailes,
Seconded by Hunter Rivera
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Butch White, Cole Ritchey, Hunter Rivera, Michael Biwer Michael Wailes, Virginia Guderjahn
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR24-0019 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Cole Ritchey
Vote Motion carried (summary Yes = 4, Nay = 2)
Yes Butch White, Cole Ritchey, Michael Wailes, Virginia Guderjahn
Nay Hunter Rivera, Michael Biwer
Commissioner Biwer cited Section 23-2-220 A 3 that the uses will be compatible to the existing surrounding
land uses and doesn't see that it is compatible He said that if it was compatible such significant mitigation
wouldn't be required for several topics He agrees that it is somewhat of an industrial process that doesn't
fit and the byproduct may be considered an agricultural use but the process is more of an industrial process
4
than ag related Mr Biwer also cited Section 23-2-220 A 7 that the standards would ensure there are
adequate provisions to protect the health, safety and welfare of the people and doesn't believe the science
has proven that there are no adverse health effects He said that the process and technology can develop
but doesn't believe it is a stabilized process at this point
Meeting adjourned at 5 01 p m
Respectfully submitted,
AalaLein.
Kristine Ranslem
Secretary
5
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