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Home My WebLink About20252983 Hearing Certification Docket No. 2025-65 Board of County Commissioners Weld County, Colorado 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 A public hearing was conducted on November 5, 2025, at 10:00 a.m., with the following present: Commissioner Perry L. Buck, Chair Commissioner Scott K. James, Pro-Tern Commissioner Jason S. Maxey Commissioner Lynette Peppler Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jan Warwick Deputy County Attorney, Karin McDougal Department of Planning Services Representative, Diana Aungst Development Review Representative, Mike McRoberts The following business was transacted: I hereby certify that pursuant to a Notice dated September 17, 2025, and duly published September 19, 2025, in the Greeley Tribune, a public hearing was conducted to consider the request 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. Karin McDougal, Deputy County Attorney, made this a matter of record. Commissioner Maxey shared in his former capacity as the Directo of the Department of Oil and Gas Energy Department, he worked with NGL on this parcel to get the injection wells installed; however, he did confirm there is no conflict of interest with this request. Diana Aungst, Department of Planning Services, described the sign posting and location of the site. She shared 17 referrals were sent out, eight (8) responded with no concerns or included conditions that have been addressed through Development Standards (DS) or the Conditions of Approval (COA), and nine (9) agencies did not respond. She presented a brief summary of the proposal and listed the equipment that will be located on the site. She shared the traffic will consist of 12 passenger cars per day, with a concentration of traffic at shift change, which is at 6:00 a.m., 2:00 p.m., and 11:00 p.m., this is a 24/7 operation, there will be 12 tandem trucks per day and three (3) semi-trucks per day, and the product is trucked to Berthoud for final processing. She explained the 2025-2983 PL2973 Hearing Certification (USR24-0019) — NGL Water Solutions DJ, LLC Page 2 Biochar process and reviewed the Code criteria for approval. Ms. Aungst relayed there are nine (9) USRs within one (1) mile of the site and shared five (5) surrounding property owners (SPOs) were noticed, five letters were received back, in addition to letters from property owners outside the 500-foot buffer. She presented slides listing the objections of the SPOs, data regarding an emission test, noise levels, proposed mitigation, and screening. Ms. Aungst relayed the site is located within the City of Fort Lupton's Coordinated Planning Agreement who returned a Notice of Inquiry (NOI) stating the site is south of their current IGA boundary with the City of Brighton. She further stated the site is also located within the City of Brighton's 2016 Future Land Use Map, depicted as A (Agricultural), as well as the three (3) mile referral areas of the Town of Lochbuie and the Cities of Brighton and Fort Lupton; however, the City of Fort Lupton returned a NOI with no concerns. Ms. Aungst entered the favorable recommendation of the Planning Commission into the record, as written, and displayed images of the site and surrounding views. In response to Commissioner Maxey, Ms. Aungst displayed the Noise Levels chart and confirmed the receptor points are at the property line. Mike McRoberts, Department of Planning Services, Development Review, stated access will be on County Road (CR) 6, which is designated as a local road, with average daily traffic of 233 vehicles per day, of which 14% are trucks, and the 85th percentile speed is 48 mph. He relayed traffic information submitted indicates daily round trips will consist of eight (8) passenger cars, 12 tandem trucks, and three (3) semi-trucks. Mr. McRoberts stated Development Review will request a Road Maintenance Agreement for dust control, damage repair to specified haul routes, and triggered off-site improvements. The applicant has submitted Preliminary and Final Drainage Reports, a detention pond design is required prior to recording the USR map, and a Weld County Grading Permit will be required if disturbing more than one (1) acre of land. Bob Choate, Attorney, represented the applicant, and in response to Chair Buck, indicated they had not had contact with any of the Commissioners regarding this case. Mr. Choate explained the background of the project, which will limit the removal of farmland. In response to Chair Buck, Mr. Choate explained NGL Water Solutions transports brine/brack water to injection wells. Dylan Van Demark, Biochar Now, described the biochar process, resulting in products which are utilized in numerous applications for agriculture, water filtration, and the oil and gas industry. In response to Commissioner James, Mr. Van Demark explained the burning process, which is a slow paralysis system, using an emissions control device, with the temperature being regulated, sharing propane fuel is the igniter of the wood; however, through the pyrolysis process the wood is then self-sustaining. Mr. Choate described the project site and the air emissions, and addressed the concerns of the SPOs, pointing out the Weld County Comprehensive Plan, Section 22-2-250 which 2025-2983 PL2973 Hearing Certification (USR24-0019) — NGL Water Solutions DJ, LLC Page 3 advocates for the protection of water quality. He stated this product will make the dairies and farms more productive and efficient, the site has applied for a state air quality permit he reviewed the proposed noise mitigation plans, how the traffic will potentially decrease, since final processing will occur at the Berthoud location. In response to Commissioner Ross, Mr. Choate confirmed there is no injection of biochar at this facility, rather, it is considered a co-location. Commissioner Maxey relayed his ideas in regard to mitigation of noise, light, and traffic, and Mr. McRoberts clarified the amount of traffic. Mr. Choate confirmed noise levels are in compliance, with the exception of Receptor #4, and he addressed the increase with mitigation, as well as the Lighting Plan. In response to Commissioner James, in regard to DS #26 (noise levels in the Commercial Zone) Ms. Aungst clarified the data related to the screener and pyrolysis process. There was discussion regarding the noise limits of daytime to nighttime, and the difference between state statute and the Weld County Code. Commissioner James shared if an APEN is granted, the environmental issue is mute. Ms. Aungst confirmed the County noise standards, and Mr. Choate confirmed they are proposing compliance with the 55 decibel noise level, which is a standard in most jurisdictions. In response to Commissioner James, Mr. Choate confirmed the shredder will operated during daytime only, one week a month, which produces the highest noise level. Lunch break to 1:10 p.m. (Clerk's Note: Teams recording resumed timestamp 3:15:16) Chair Buck reconvened the hearing. Alexa McKay, Environmental and Animal Defense, spoke in support of Jeri Yarbrough, surrounding property owner, and stated Weld County is already classified as a severe non-attainment area, under the Clean Air Act, which means the County already fails to meet federal air quality standards. She relayed the facility in Berthoud already has a documented history of air pollution violations, with over one dozen violations since 2017. She commented on the production of the facility owned by Ms. Yarbrough. In response to Commissioner James, Ms. McKay stated the specific violation of informing Ms. Yarbrough she would no longer be able to flood irrigate her property, which supports her horse boarding operation. Linda Block-Gandy stated she is speaking in support of Jeri Yarbrough, and expressed concern for particulates in the air. Carrie and Toby Sack, Sack Farm, adjacent property owners, expressed concerns of the 24/7 operation, the noise decibel levels, and the effect on wildlife, as there are bald eagles on the nearby lake. They shared additional concern regarding truck traffic causing damage to the road, and in response to Commissioner Maxey, they confirmed the location of their residence. Patty Johnson stated she boards her horse at Yarbrough Acres, pointed out the driveway which is within 500 feet of the proposed site, commented this is a neighborhood of 2025-2983 PL2973 Hearing Certification (USR24-0019) — NGL Water Solutions DJ, LLC Page 4 multi-million dollar homes, and shared her concern of releasing particulates into the air, which she believes can cause respiratory problems for the animals that are housed at Yarbrough Acres. She stated she believes this facility should be placed in an industrial location not a residential location. Jeri Yarbrough, adjacent property owner, stated she irrigates her own property, and shared NGL promised they would never develop the subject land. In response to Commissioner James, Ms. Yarbrough explained how her alfalfa field is flood irrigated, and reiterated the boarding horses are within 500 feet of the proposed facility. Responding to Commissioner Peppier, Ms. Yarbrough explained water will flow but she is concerned with contamination and explained how she believes the installation of this facility impact her income. In response to Commissioner Maxey, Ms. Yarbrough stated she believes there are no mitigation measures that could help address her issues. David Sack, adjacent property owner, stated his concerns regarding the materials processing and the increase of truck traffic. Doug Massey, adjacent property owner, shared the whole farm is tiled so you can see the water flow across the land, into the pond on Mr. Sack's property, and he questioned the benefits of the facility to the county. Tony Hale, adjacent property owner to the east, stated he believes the applicant is trying to convince everyone they are agricultural, citing Weld County Code Section 23-3-10; however, he asserted it is a manufacturing facility. He stated Biochar is misusing the term of agriculture use, and quoted verbiage of the Biochar CEO, which is in conflict with biochar being an agricultural product. He further described his view of the front range and how it will change if the application is approved. In response to Commissioner Maxey, Mr. Hale expressed the nuisance of any noise that would be increased. Dennis Jackson, Attorney representing the SPOs, summarized his Brief(Exhibit G), and reviewed the Code criteria for approval of the proposed use, sharing conflicting reasons why the proposed use is not compatible with the application. Sara and Gerardo Rodriguez, surrounding property owners, (Clerk's Note: Begin Part 2 Recording) shared how in 2017, they were denied and relocated their small business from a close location and questioned how this larger company could be allowed. Mr. Rodriguez stated he has worked in the oil fields for the last 20 years and has never used carbon. Rachel Brown, adjacent property owner, stated this is the right business proposed in the wrong location. Kili Crawford, adjacent property owner, stated the production of biochar is not an agricultural activity, the highest revenue use of biochar is carbon credit production, not soil use or farming, and the production process should not be located in an agricultural/residential community. 2025-2983 PL2973 Hearing Certification (USR24-0019) — NGL Water Solutions DJ, LLC Page 5 In response to Chair Buck, Mr. Choate requested a five minute recess to work with the applicant to confirm he is addressing all the concerns that were expressed. (Clerk's Note: Teams recording break end timestamp 11:58) Upon reconvening, Mr. Choate reviewed the air permit violations, shared the only one which required change to equipment was a change to the diesel generator that is onsite, not the kilns, and there haven't been any in the last two years. He spoke about the health of the horses in the surrounding area, and stated the end product at the site location is not fine particulate matter that will get blown into the air. Mr. Choate reiterated a Road Maintenance Agreement will be entered into, stating the traffic burden on County Road (CR) 6 should not increase substantially. He clarified Ms. Yarbrough previously leased property from NGL and the lease will no longer be available. In response to Commissioner James, Mr. Choate confirmed the water will not be prohibited to the neighbors, Commissioner Maxey commented the prohibition of water or movement of water could be placing the applicant into a legal battle. Mr. Choate shared the manufacturing of biochar is a permissible use through the Use by Special Review Permit process, and he elaborated on how this product can and will be used by the agricultural community. Commissioner Maxey commented state legislation resulted in a recent study, which is looking into newer products with the potential to help with oil and gas mitigation, and he also asked about leaching into the soil or groundwater. Mr. Choate shared the material stays in the kiln, gets loaded directly into trucks for delivery to the Berthoud location for processing, it is not stockpiled. In response to Commissioner Maxey, Mr. Van Demark explained the proposed site will reduce the haul distance of the wooden material from landfills or waste wood producers. Responding further to Commissioner Maxey, Mr. Choate explained the Lighting Plan is largely compliant and the applicant would commit to full downcast, motion lighting for a dark operation. In response to Commissioner Peppier, Mr. Van Demark confirmed the shredder would run one week per month and is only during daylight hours. Commissioner James read aloud a portion of the letter submitted by Bret Luedke, Veterinarian with Heritage Equine, which stated, "the particulate matter emissions has been proven to lead to chronic health problems in humans, and to a greater extent, horses...". He stated an APEN is geared for a human standard, but an equine standard is unclear. Mr. Choate reiterated the property handles sealed containers which are loaded onto the trucks. Mr. Van Demark stated this site is subject to state oversight and other rigorous compliance testing regarding the air emissions. Commissioner James shared he is fascinated with the process; however, he has ongoing concern with the limited data about the production of the biochar in preventing or causing damage to the health-of animals in the area. Mr. Choate stated operation standards are what matter. Commissioner James shared there is not adequate assurance of the conveyance of the water, nor surety of the health impact of the neighboring equine facility. Commissioner Ross stated the applicant would have to allow the conveyance of the water 2025-2983 PL2973 Hearing Certification (USR24-0019) — NGL Water Solutions DJ, LLC Page 6 to the neighbor, and concerns of the neighbors are quantified; however, obtaining the clarification of the production process changed his viewpoint, thus he feels this request falls under the area of acceptable use in the A (Agricultural) Zone. Commissioner Maxey shared his view of a grey area in regard to the use, compatibility, and mitigation measures of certain areas, air quality, and the issue of manufacturing at this location, versus final processing of a separate site. Commissioner Maxey further expressed his thoughts on the issue of air quality where Colorado Department of Public Health and Environment (CDPHE)finds no issues. Chair Buck expressed concerns with the air quality, the removal of a lease promise to a landowner, and potentially seeing an agreement or compromise in regard to the water. Commissioner Peppier shared she believes this may be the right thing to do but not the right time, regarding the water and the health of the neighboring animals, and she suggested a continuance to receiving additional data on the issues brought up for safety of the equine operation. There was additional conversation among the Board regarding the water, suggesting specific language; however, Ms. McDougal explained to the Board that there would need to be evidence of a way to determine the water quality is not adversely affected. In response to Chair Buck, Mr. Choate indicated they have reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as currently presented. The Board reviewed the Conditions of Approval and Development Standards, and Commissioner Ross asked for confirmation of the decibel levels in regard to DS #26. Mr. Choate raised concerns of time restrictions, with a 55 decibel level being what they can meet during 24/7 operations. Commissioner Maxey advocated to retain the state statute citation, which is what was reflected in the application. Commissioner Peppier stated day and night operations would be a possible issue. It was decided to keep DS #26 as presented, define the language in DS#37 to state, "The applicant shall utilize full cut-off fixtures for any on-site lighting.", and insert DS #48 to read, "The applicant shall not interfere with the flow of the waters that run across the property." David Sack asked about the quality of water. Dawn Anderson, Development Review, stated the jurisdiction of water quality criteria would fall under the CDPHE, Division of Water Resources. In response to Commissioner Maxey, Ms. Anderson stated they would need to obtain a state stormwater discharge permit, which will cover the water quality criteria. Ms. Aungst stated, in regard to DS #48, there is no information on current flow rates, or what "materially interfere" means, which makes it challenging for staff to enforce compliance. In response to Commissioner Ross, Mr. Choate stated he does not have the information on how the water currently crosses the property. Ms.Aungst confirmed a COA would be appropriate with a DS confirming the COA would be maintained. Maxwell Nader, Department of Planning Services, stated the quality and distribution of irrigation water is subject to state statute regulations. Commissioner Maxey requested and received 2025-2983 PL2973 Hearing Certification (USR24-0019) — NGL Water Solutions DJ, LLC Page 7 confirmation the water issue is already handled through the state regulations and water quality laws, thus it was decided to strike the new DS #48. Mr. Choate shared his concern with the Board making a decision based on testimony within a letter he has not seen, and asked for an opportunity to read the letter and respond to it. Mr. Choate requested a continuance and Commissioner James agreed the applicant has a valid right to request the continuance. Commissioner Ross moved to approve 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, based on the recommendations of Planning staff, and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner Maxey, a roll call vote was taken, and the motion passed three (3) to two (2), with Commissioner James and Chair Buck voting no. There being no further discussion, the hearing was completed at 3:15 a.m. (Clerk's Note: Teams recording start timestamp 1:00:41) The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Hearing Certification, on motion duly made and seconded, by the following vote on the 19th day of November, A.D., 2025: [Insert H-Cert Attestation Block Post Meeting] 2025-2983 PL2973 ATTENDANCE LIST 1(-5-Z5 bsZ NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? R Dd `� C r l ui,„ i LL `1- ( % ( `b ( 6„/,.i (,,,,(, () 1Q C „,, ,-►cc ce , p Z ( v), c,, , , ciA ,,,ti, 1 c.:," Y s v�, Y`�\V 1., \ ,„"U-�Vl„sh •Uw, Y`-' J ( E ,,A.64,,,,, L,4,,,, Lk-T-�S ll )oy c1(` I LI ('d C g 6 L r)Co VDz, +obvoScIC gho-)Ma,I, torn ,Scic V\CU0 1\i aCtiV V ► t 0-lL 14 l 0 G�-� �avkL�0 �c ►c88 Q 13Yuc'• I. 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