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Home My WebLink About20210175.tiffHEARING CERTIFICATION DOCKET NO. 2020-85.B RE: A SITE SPECIFIC DEVELOPMENT PLAN AND 3RD AMENDED USE BY SPECIAL REVIEW PERMIT, 3MJUSR18-07-1604, FOR OIL AND GAS SUPPORT AND SERVICE, SOLIDS PROCESSING FACILITY FOR EXPLORATION AND PRODUCTION WASTES, PURSUANT TO COLORADO STATE STATUTE AND AS DEFINED AND REGULATED BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AND CONTINUED USE OF THE FACILITIES TO INCLUDE, CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY PARKING AND MAINTENANCE FOR 18 NGL COMPANY PRODUCED WATER TANKERS AND OTHER OPERATION SUPPORT COMMERCIAL VEHICLES; FACILITY OFFICES; OUTDOOR STORAGE OF MATERIALS AND EQUIPMENT ACCESSORY TO AN ALLOWED USE (NEW, USED AND OBSOLETE OIL FIELD EQUIPMENT, INCLUDING EMPTY FRAC TANKS AND STAGING FRAC TANKS), AS LONG AS THE MATERIALS ARE SCREENED FROM ADJACENT LOTS AND RIGHTS -OF -WAY; A COMPANY VEHICLE ONLY WASH BAY, MAINTENANCE / MECHANIC SHOP, FUELING STATION AND ACCESSORY STRUCTURES ASSOCIATED WITH THE OPERATION OF THE FACILITY AND UP TO 18 CARGO (CONEX) CONTAINERS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - HIGH SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, LLC RE: OBTAIN A CERTIFICATE OF DESIGNATION, CD18-0001, PURSUANT TO C.R.S. §30-20-104 A public hearing was conducted on January 20, 2021, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Chair Pro-Tem Commissioner Perry L. Buck Commissioner Mike Freeman Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Bob Choate Planning Services Department representative, Kim Ogle Public Works Department representative, Mike McRoberts Health Department representative, Ben Frissell The following business was transacted: e I hereby certify that pursuant to a notice dated November 5, 2020, and duly published November 11, 2020, in the Greeley Tribune, a public hearing was conducted on December 16, 2020, to consider the request of High Sierra Water Services, LLC, c/o NGL Water Solutions DJ, LLC, for a Site Specific Development Plan and 3rd Amended Use by Special Review Permit, 3MJUSR18-07-1604, for Oil and Gas Support and Service, Solids Processing Facility for Exploration and Production wastes, pursuant to Colorado State Statute and as defined and regulated by the Colorado Department of Public Health and Environment, and obtain a Certificate C,C,PLO/0 / rP), iPv3 (w4141 /DK-) tet+(6F1, cil-cgc) 2021-0175 PL1804 HEARING CERTIFICATION - HIGH SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, LLC (3MJUSR18-07-1604 AND CD18-0001) PAGE 2 of Designation, pursuant to C.R.S. §30-20-104 and continued use of the facilities to include, Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility parking and maintenance for 18 NGL company produced water tankers and other operation support commercial vehicles; facility offices; outdoor storage of materials and equipment accessory to an allowed use (new, used and obsolete oil field equipment, including empty frac tanks and staging frac tanks), as long as the materials are screened from adjacent lots and rights -of -way; a company vehicle only wash bay, maintenance / mechanic shop, fueling station and accessory structures associated with the operation of the facility and up to 18 cargo (Conex) containers outside of subdivisions and historic townsites in the A (Agricultural) Zone District. On December 16, 2020, the matter was continued to January 20, 2021, at 10:00 a.m., to allow the Clerk to the Board adequate time to correct the notice deficiency regarding the Certificate of Designation. Bob Choate, Assistant County Attorney, made this a matter of record. El Kim Ogle, Department of Planning Services (PS), presented a summary of the third amended proposal, and explained the location of the site, which is not within a three (3) mile referral area of any municipality, nor within an existing Intergovernmental Agreement (IGA) area or Coordinated Planning Agreement (CPA) area. He described the USR's within one mile of the facility and noted the nearest occupied residence is approximately 1,500 feet north, with the second unoccupied residence being approximately 1,200 feet southeast of the facility. Mr. Ogle relayed PS received several telephone calls from the neighbor to the north, and no other communications were received. He described the history of amendments to the facility, and explained this third amendment proposes to repurpose the water recycling building into a Saltwater Injection Facility maintenance building, add facility parking for 18 NGL company produced water tankers and other support vehicles, facility offices, outdoor storage of materials and equipment in a screened area, a company only vehicle wash -bay, maintenance/mechanic shop, fueling station, up to 18 cargo Conex containers and a solid wastes handling facility. Mr. Ogle stated a Certificate of Designation is required pursuant to C.R.S. §30-20-104, and an Engineering Design and Operations Plan (EDOP) was submitted to, and approved by, the Weld County Department of Public Health and Environment (EH), and staff has requested an updated Communication Plan, Lighting Plan, and Screening Plan. He relayed the proposal has been reviewed by local, state and federal agencies who have determined the Design Standards, Operation Standards, Conditions of Approval (COA) and Development Standards (DS) can ensure adequate provisions for protection of the health, safety and welfare of the neighborhood and County. Mr. Ogle stated 13 referral agencies reviewed the application, and four (4) offered comments, which are addressed in the COA and DS. Mr. Ogle entered the favorable recommendation of the Planning Commission into the record as written. e Mike McRoberts, Department of Public Works (PW), described the existing permitted access on County Road (CR) 39, which is a paved, collector road, approximately 765 feet north of CR 28. Mr. McRoberts confirmed the latest average daily traffic counts on CR 39 to be 1,636 vehicles per day, with 45% of the traffic being trucks, and the 85th percentile speed is 65 MPH. He relayed the traffic information submitted with the application indicates the site will generate approximately 20 water truck round trips per day, one (1) tandem truck round trip per day, approximately 25 miscellaneous vehicle daily round trips, and 50% of the site traffic will travel north on CR 39 and 50% will travel south. He stated PW is requiring the applicant to bring the site permanent tracking control up to current standards and enter into a new Road Maintenance Agreement. Mr. 2021-0175 PL1804 HEARING CERTIFICATION - HIGH SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, LLC (3MJUSR18-07-1604 AND CD18-0001) PAGE 3 McRoberts relayed the applicant submitted a Revised Drainage Report, which is currently under review, a Final Drainage Report and Certification of Compliance is required prior to recording the USR map, and a Weld County Grading Permit will be required if new construction activities disturb more than one (1) acre of land. e Ben Frissell, Department of Public Health and Environment (EH), relayed water is provided through a commercial well and sewage disposal is provided through an existing septic system; however, if additional employees are added that exceed the designed septic load, the system will need to be brought into compliance. Mr. Frissell relayed a revised EDOP was submitted to the Colorado Department of Public Health and Environment (CDPHE) for technical review and approval and it was determined the facility could comply with the regulations pertaining to various solid wastes. He stated DS #21 — 44 address EH items, including operating in accordance with the approved EDOP and the Certificate of Designation (CD). Mike Guinn, NGL Water Solutions DJ, LLC, representative, stated the solid waste processing plant is not very commercial, water trucks are not brought in, and it is mainly processing solid waste that typically would have gone into landfills. In response to Commissioner James, Mr. Ogle confirmed the EDOP and APEN have been approved. Mr. Guinn relayed NGL had been recently inspected by both the CDPHE and the Colorado Oil and Gas Conservation Commission (COGCC). IR No public testimony was offered concerning this matter. e In response to Chair Moreno, Mr. Guinn stated he did not have any requested changes or amendments to the Conditions of Approval and Development Standards. In response to Chair Moreno, Mr. Frissell stated the COGCC requires the facility to provide financial assurance to return the site back to its original state, if the applicant abandons the project. Mr. Guinn shared the same type of provision is required for the Class II Injection facility. In response to Commissioner James concerning COA #4.A (Platteville-Gilcrest Fire Protection District), Mr. Ogle explained the water recycling building has been repurposed as a maintenance building, which requires a Change of Use permit, and all Commercial buildings must be reviewed by the Fire Protection District before submitting plans to the County. Responding to Chair Moreno concerning DS #5 (Full-time employees), Mr. Guinn confirmed they do not expect the number of employees to increase. In regard to Commissioner James' inquiry about DS #40 (Noise Level), Mr. Frissell stated no noise study had performed, since the facility has been operational for some time, and based on the use, the adjacent properties, various zonings in the area and considering there had never been a noise complaint received, the Industrial Zone is an appropriate limit. Mr. Frissell requested the addition of DS #21 to state, "The owner or operator shall ensure the facility is in compliance with Weld County Code Section 5-3-30, Collection of Surcharge, and Section 16-11 of the Weld County Home Rule Charter.", and the Board agreed to this addition and all changes listed herein. No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. 2021-0175 PL1804 HEARING CERTIFICATION - HIGH SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, LLC (3MJUSR18-07-1604 AND CD18-0001) PAGE 4 e In response to Chair Moreno, Mr. Guinn indicated they have reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. E Commissioner James moved to approve the request of High Sierra Water Services, LLC, c/o NGL Water Solutions DJ, LLC, for a Site Specific Development Plan and 3rd Amended Use by Special Review Permit, 3MJUSR18-07-1604, for Oil and Gas Support and Service, Solids Processing Facility for Exploration and Production wastes, pursuant to Colorado State Statute and as defined and regulated by the Colorado Department of Public Health and Environment, and continued use of the facilities to include, Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility parking and maintenance for 18 NGL company produced water tankers and other operation support commercial vehicles; facility offices; outdoor storage of materials and equipment accessory to an allowed use (new, used and obsolete oil field equipment, including empty frac tanks and staging frac tanks), as long as the materials are screened from adjacent lots and rights -of -way; a company vehicle only wash bay, maintenance / mechanic shop, fueling station and accessory structures associated with the operation of the facility and up to 18 cargo (Conex) containers 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 Freeman, and it carried unanimously. El Chair Moreno proceeded to address the Certificate of Designation. Mr. Ogle submitted a memorandum requesting three (3) new conditions be added to the CD, which he read into the record. Mr. Choate explained CD's are non -transferable and he recommended clarifying language ensuring a new request of the Board of County Commissioners for a CD would be required in the event of a change of ownership. El No public testimony was offered regarding changes made to the Certificate of Designation. E In response to Chair Moreno, Mr. Guinn accepted the additional changes. IR Commissioner Freeman moved to approve the request of High Sierra Water Services, LLC, c/o NGL Water Solutions DJ, LLC, for Certificate of Designation, pursuant to C.R.S. §30-20-104, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval, as amended. The motion was seconded by Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing was completed at 10:23 a.m. 2021-0175 P L 1804 HEARING CERTIFICATION - HIGH SIERRA WATER SERVICES, LLC, C/0 NGL WATER SOLUTIONS DJ, LLC (3MJUSR18-07-1604 AND CD18-0001) PAGE 5 This Certification was approved on the 25th day of January, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,,,t41J •�C,lto•� Weld County Clerk to the Board BY: Deputy Clerk to the Board Stev S Moren hair /50 t Perry L. B es, Pro-Te (-Gt-dA EXCUSED DATE OF APPROVAL ike Freeman Lori Saine/ rte' 2021-0175 PL1804 ATTENDANCE LIST 1- ZO - NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (YIN)? Pe 5744,--r5 S +e/OQ/ -1-.234lJ Pr 0. e8()) ! 2_ �0 ELI, t IA-e-KRA Arr 21I I-a7Ati-e4tu-e-Pztic•e tre-1 ctiG NA (i,je.la kr0 PWt,id, Hello