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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
3MJUSR18-07-1604
Hearing Date: December 1, 2020
High Sierra Water Services, LLC dba NGL Water Solutions LLC
3773 Cherry Creek North Drive, Suite 1000, Denver, Colorado 80209
NGL Water Solutions LLC, c/o Michael Guinn
A Site Specific Development Plan and 3rd Amended Special Review Permit for Oil and
Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection
Facility, Solids Processing Facility for Exploration and Production wastes pursuant to
Colorado State Statute and as defined and regulated by Colorado Department of
Public Health and Environment, and obtain a Certificate of Designation, pursuant to
C.R.S. §30-20-104 and continued use of the facilities to include, 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
S2 SE4 of Section 30, Township 3, Range 65 West of the 6'" P.M., Weld County,
Colorado
North of County Road 28, West of and adjacent to County Road 39
+/- 81.39 acres Parcel No. 1213-30-4-00-017
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
v Weld County Zoning Compliance, referral dated September 14, 2020
Y Platteville-Gilcrest Fire Protection District, referral dated September 15, 2020
Y Weld County Department of Public Health and Environment, referral dated September 21, 2020
Y Weld County Department of Public Works, referral dated September 30, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y State of Colorado, Division of Water Resources, referral dated October 2, 2020
Y Kerr-McGee Oil & Gas OnShore LP, referral dated October 5, 2020
Y Weld County Sheriff's Office, referral dated September 14, 2020
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The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V
Colorado Parks and Wildlife
Platte Valley Conservation District
Weld County Department of Building Inspection
Weld County Office of Emergency Management
Colorado Oil and Gas Conservation Commission
Colorado Department of Public Health & Environment
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Planner:
Case Number:
Applicant:
Representative:
Request:
Kim Ogle
3MJUSR18-07-1604
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: December 1, 2020
High Sierra Water Services, LLC dba NGL Water Solutions LLC
3773 Cherry Creek North Drive, Suite 1000, Denver, Colorado 80209
NGL Water Solutions LLC, c/o Michael Guinn
A Site Specific Development Plan and 3rd Amended Special Review Permit for Oil and
Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection
Facility, Solids Processing Facility for Exploration and Production wastes pursuant to
Colorado State Statute and as defined and regulated by Colorado Department of
Public Health and Environment, and obtain a Certificate of Designation, pursuant to
C.R.S. §30-20-104 and continued use of the facilities to include, 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
Legal
Description: S2 SE4 of Section 30, Township 3, Range 65 West of the 6'h P.M., Weld County,
Colorado
Location: North of County Road 28, West of and adjacent to County Road 39
Size of Parcel: +/- 81.39 acres Parcel No. 1213-30-4-00-017
Case Summary:
Marcum Midstream 1995-2 Business Trust now known as High Sierra Water Services, LLC dba NGL Water
Solutions LLC was conditionally approved on June 6, 2007 for USR-1604 by the Board of County
Commissioners for a Class II Oilfield Waste Dispoal Facility and perfected via recording of the USR Map
on September 3, 2009 via reception number 3646883.
The amendent to USR-1604 for High Sierra Water Solutions was approved administatively on February 21,
2012 for a Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and a water recycling facility,
to include the addition of a one (1) storage building, one (1) oil separator and sixteen (16) new 660 barrel
tanks to the existing oil and gas support operation. Further, truck trips from the site will increase to 120
round trips and hours of operation for all components of this facility will increase to 24 hours each day with
the USR perfected via the recordng of MUSR11-0004 map on March 27, 2012 via reception number
3834843.
The second amendment to USR-1604 for High Sierra Water Services LLC, c/o NGL Water Solutions DJ,
LLC was conditionally approved by the Board of County Commissioners on March 25, 2015 for a Class II
Oilfield Waste Disposal Facility - Saltwater Injection Facility and a water recycling facility, one storage
building, one oil separator and sixteen (16) new 660 barrel tanks up to 120 round trips per day operating
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hours a day 7 days a week to include the addition of a tanker wash out facility, a mobile solids processing
facility and a tank storage area with confinement with the USR Map perfected via the recordng of USR14-
0081 map on February 29, 2016 via reception number 4184034.
The proposed third amendment to USR-1604 is 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 Colorado Department of Public Health and Environment, and obtain a Certificate 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 eighteen (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 eighteen (18) cargo
(Conex) containers outside of subdivisions and historic townsites in the A (Agricultural) Zone District
An Engineering Design and Operations Plan (EDOP) was submitted and the Colorado Department of Public
Health and Environment conducted a "technical review" of the current EDOP. The Final EDOP (Revision
1) was submitted and Weld County Department of Public Health and Environment considers this the
"approved EDOP" for the facility.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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. It is the opinion of the Department of Planning Services' staff 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 and any other applicable
code provisions or ordinance in effect.
Section 22-2-10.C from the Guiding Principles for land use policy states "Promote Economic
Growth and Stability. Land use policies have a significant impact on economic conditions in the
County and should be structured to encourage economic prosperity. To ensure the continued
strength of Weld County's economy, land use processes and decisions based on this plan shall be
consistent and promote fiscally responsible growth." Further, Section 22-2-10.D states "Protect
Health, Safety, and General Welfare. Land use regulations and policies will protect and enhance
the health, safety, and general welfare of the citizens of Weld County.
Oil and gas development in the County is an integral part of the County economy and has a
substantial direct and indirect impact on current and future land use. Oil and gas development is
cyclical, but the economics of energy suggests sustained levels of exploration and extraction in
the County for the longer term. Mineral resource exploration and production waste facilities should
be planned, located, designed and operated in compliance with the Colorado Oil and Gas
Conservation Commission (COGCC). Many state and federal permits are required for the
industry, such as stormwater management plans, environmental reports and Air Pollution
Emissions Notices ("APEN") and others. The proposal is the third amendment to the current land
use permit for a Class II Oilfield Waste Disposal Facility and Solids Processing Facility for
Exploration and Production wastes.
Section 22-2-50.A.3 states "Require that energy and mineral resource development conserve the
land and minimize the impact on surrounding land and the existing surrounding land uses."
The proposed facility expansion is located in a rural area of unincorporated Weld County. The
3MJUSR18-07-1604
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surrounding properties are primarily zoned Agricultural and used for grazing and energy production
NGLs facility expansion has been located, developed and operated in a manner that minimizes
interference with other agricultural uses and agricultural activities. Under the proposed application,
the facility will increase its footprint by twenty (20) acres for a total impact of thirty (30) acres within
an eighty (80) acre parcel. All areas not utilized for the facility operations are in native grasses.
Section 22-2-50.B states "Support responsible energy and mineral development." The applicant
demonstrated adequacy of roads, grades, drainage controls, liners, fencing, site improvements,
general operations, permitted capacity, and separation from adjacent land uses.
The Weld County Department of Public Works in the referral dated September 30, 2020 stated the
traffic will operate at a Level of Service (LOS) A and will continue to do so through the year 2040.
The LOS A is due in part to nonconforming northbound and southbound deceleration turn lanes
into the site. The auxiliary turn lanes are nonconforming because they lack the recommend lengths
for a 55 mph posted speed limit roadway as specified in the Colorado State Highway Access Code
manual. However, when employing the Access Code's auxiliary turn lane requirements it should
be noted that per the AM and PM Peak Hour traffic volumes identified in the applicant's traffic letter,
no southbound right turn deceleration lane is currently required, nor will it be through the year 2040.
In addition, the peak hour volumes indicate that no northbound left turn deceleration lane will be
required until 2040.
Section 22-2-50.B.3 states "Prevent surface and groundwater contamination." This application for
a brinewater disposal and solids processing facility for exploration and production wastes pursuant
to Colorado State Statute was evaluated by the Department of Public Health and Environment for
compliance with federal, state and County statutes, regulations and ordinances.
In a referral dated September 21, 2020, the Weld County Department of Public Health and
Environment (WCDPHE) stated Environmental Health Services have reviewed this proposal 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 Colorado Department of Public
Health and Environment. The site will utilize the existing buildings and infrastructure for this permit,
USR1 8-07-1 604. A commercial well with an additional filtration system, permit no. 272956 provides
potable water to the site and an existing onsite wastewater system, SP -1500186 designed to
accommodate up to nine (9) employees that utilize the site in a 24 -hour period, seven days a week
handles the effluent flows.
An Engineering Design and Operations Plan (EDOP) was submitted to the Colorado Department
of Public Health and Environment for a technical review. In a letter dated December 19, 2019, the
CDPHE determined compliance with the requirements set forth in the Solid Waste Disposal Sites
and Facilities Act, Title 30, Article 20, parts 1 and 10 (Solid Waste Act) of the Colorado Revised
Statues (CRS), as amended, and with the regulations promulgated there under: the Regulations
Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 (Solid Waste Regulations).
The Radiation Risk Assessment was reviewed by the Division's Radiation Control Program to
ensure that the waste streams to be accepted by proposed Facility are appropriate for regulation
under the Solid Waste Regulations and do not require licensing under the Radiation Control
Regulations.
The CDPHE approval was contingent on specific conditions being incorporated into the Certificate
of Designation. The applicant submitted a Drainage Report, Traffic Impact Study, Waste Handling
Plan, and Dust Abatement Plan as part of the EDOP. A Flood Hazard Development Permit and a
Geologic Hazard Development Permit were not required for this property.
The CDPHE permitting process for Solids Processing of Exploration and Production wastes
requires the development and approval of a detailed EDOP that summarizes the engineering
design and specifies operational requirements for the facility. Additionally, NGL Water Solutions
regularly monitors site groundwater in accordance with CDPHE approved monitoring plans. The
application has been reviewed and conditionally approved by both the CDPHE and Weld County
Department of Public Health and Environment.
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The proposed expanded use is in an area that can support this development and the existing and
new screening, 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.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-40.W being Uses by Special Review outside of subdivisions and historic townsites,
allows for the construction, occupation, and operation of an Oil and Gas Support and Service
Facility for businesses whose primary activity includes the following kinds of uses, including
disposal and recycling sites for production waste; storage yards for pipe and production
equipment; parking and maintenance for tank and water service companies, and the parking and
maintenance of exploration, production or workover equipment and associated encumbrances,
uses and equipment as a Use by Special Review, outside of historic outside of subdivisions and
historic townsites in the A (Agricultural) Zone District
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site is bordered by agricultural uses; the surrounding properties are primarily rangeland and
grazing lands with sparsely located remote single family homes. There are five (5) property owners
and two (2) residences in the general area with the nearest occupied residence approximately
1500 -feet to the North of the improvements associated with the facility and the second unoccupied
residence located approximately 1200 -feet southeast of the improvements associated with the
facility. Oil and gas facilities are existing encumbrances on this parcel and adjacent properties,
with the surrounding landform in native vegetation. The Department of Planning Services received
several telephone calls from the adjacent neighbor to the north inquiring about the Hearing Notice,
and the ongoing operations at the facility. No other persons contacted the office. The Conditions
of Approval and Development Standards will ensure that this use will be compatible with
surrounding land uses.
D. Section 23-2-220.A.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 the Weld County Comprehensive Plan, codified in Chapter 22 of the Weld County
Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans
of affected municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it located within
any existing Intergovernmental Agreement Area or Coordinated Planning Agreement Area
(IGA/CPA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The site is not located in a recognized and mapped Floodplain, Geologic Hazard, Municipal
Separate Storm Sewer System (MS4), or Airport Overlay District. Building Permits issued on the
property 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 facility is located on an approximate eighty (80) acre parcel of land with the facility footprint for
all uses being approximately thirty (30) acres in area. The land not associated with remain in native
field grasses. The soils as designated as "Other Land" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.
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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.
This case has been reviewed by regulatory agencies for compliance with Local, State and Federal
regulations and all agencies have determined that the attached 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 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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An updated Decommissioning Plan shall be submitted to and accepted by the Department of
Planning Services. (Department of Planning Services)
B. An updated Communication Plan shall be submitted to and accepted by the Department of Planning
Services. (Department of Planning Services)
C. An updated Lighting Plan shall be submitted to and accepted by the Department of Planning
Services. (Department of Planning Services)
D. An updated Screening Plan shall be submitted for the obsolete equipment yard to and accepted by
the Department of Planning Services that screens the site from the Surrounding Property Owners
and rights -of -way. (Department of Planning Services)
E. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. (Department of Public Works)
F. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 3MJUSR18-07-1604 (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 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)
5. The map shall delineate the screening in accordance with the accepted Screening Plan.
(Department of Planning Services)
6. The map shall delineate the onsite lighting in accordance with the accepted Lighting Plan.
(Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
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8. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
9. The map shall delineate the parking area for the commercial water company owned vehicle
fleet. (Department of Planning Services)
10. County Road 39 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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. (Department of Public Works)
11. County Road 28 east of County Road 39 is a paved road and is designated on the Weld County
Functional Classification Map as a collector road which requires 80 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. (Department of Public Works)
12. County Road 28 Section Line (west of County Road 39) is shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS right-of-way map. The
applicant shall delineate and label the existing and future rights -of -way (along with the
documents creating the existing right-of-way) on the site plan. Show and label the section line
Right -of -Way as "CR 28 Section Line Right -Of -Way, not County maintained." All setbacks shall
be measured from the edge of the future right-of-way. (Department of Public Works)
13. Show and label the approved access location, required access width (a maximum of 40' wide
measured at the right-of-way) and the appropriate turning radii (60') on the site plan. The
applicant shall obtain an access permit in the approved location prior to construction, if deemed
necessary by the Public Works Access Specialist. (Department of Public Works)
14. Show and label the approved tracking control on the site plan. (Department of Public Works)
15. 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. (Department of Public Works)
16. Show and label any existing access and utility easements associated with the parcel.
(Department of Public Works)
17. 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 volume.
(Department of Public Works)
18. Show and label the drainage flow arrows. (Department of Public Works)
19. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
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 Mylar map along with all other
documentation required as Conditions of Approval. The Mylar 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.
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The Mylar 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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The applicant shall attempt to address the requirements of the Platteville-Gilcrest Fire Protection
District, as stated in the referral response dated September 15, 2020. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
C. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
5. Prior to Operation:
A. The applicant shall develop an updated Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by
the Facility operator, the Fire District and the Weld County Office of Emergency Management.
Submit evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
B. The facility shall submit evidence to the Weld County Department of Health and environment that
financial assurance has been obtained in accordance with CDPHE regulations pertaining to solid
waste sites and facilities. (Department of Planning Services)
6. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
High Sierra Water Services, LLC dba NGL Water Solutions LLC
3MJU SR20-07-1604
1. A Site Specific Development Plan and 3rd Amended Special Review Permit, 3MJUSR20-07-1604 for
Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility,
Solids Processing Facility for Exploration and Production wastes pursuant to Colorado State Statute
and as defined and regulated by Colorado Department of Public Health and Environment, and obtain
a Certificate of Designation, pursuant to C.R.S. §30-20-104 and continued use of the facilities to
include, 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, 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. Technical Revisions as approved by the Colorado Department of Public Health and Environment,
Hazardous Materials and Waste Management Division, may, as determined by Weld County staff,
require an amendment to this USR permit. (Department of Planning Services)
4. The hours of operation are 24 hours a day, 7 days a week, Monday — Sunday. (Department of Planning
Services)
5. The number of on -site full-time employees shall be up to nine (9). (Department of Planning Services)
6. The number of commercial vehicles shall be up to eighteen (18), as stated in the application materials.
(Department of Planning Services)
7. The parking area on the site shall be maintained. (Department of Planning Services)
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
9. The existing and landscaping and screening on the site shall be maintained in accordance with the
accepted Landscape and Screening Plan. All proposed landscape and screening shall be installed
within one calendar year of land use application approval. (Department of Planning Services)
10. The property owner shall maintain compliance with the accepted Decommission Plan. (Department of
Planning Services)
11. The property owner shall maintain compliance with the accepted Communication Plan. (Department
of Planning Services)
12. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
13. 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. (Department of Public Works)
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14. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
16. 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. (Department of Public Works)
17. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
18. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
21. The facility shall operate in accordance with the approved Engineering Design and Operations Plan
(EDOP). Modifications to the Engineering Design and Operations Plan may be required due to
deviations from the approved use at the facility and/or regulatory changes. If such changes occur,
approval of the modification will be required from the Hazardous Materials and Waste Management
Division of the Colorado Department of Public Health and Environment. (Department of Public Health
and Environment)
22. Operations will not extend past Certificate of Designation boundaries of the property. (Department of
Public Health and Environment)
23. The facility shall adhere to the conditions incorporated into the Certificate of Designation. (Department
of Public Health and Environment)
24. 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 Public Health and Environment)
25. The facility shall receive and manage only those materials that are described in the approved EDOP
and materials approved in accordance with the Waste Identification Plan included in the EDOP.
(Department of Public Health and Environment)
26. All wastes received at the facility shall be unloaded on the unloading pad. The unloading/loading pad
leak detection system shall be constructed and operated in accordance with the approved design. The
unloading pad will be kept in good condition and cleaned at a frequency that prevents oils and other
wastes from building up on the pad. (Department of Public Health and Environment)
27. 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 Public Health and Environment)
28. 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 the approved EDOP and with Chapter 14, Article 1 of the Weld County Code, at all
times. (Department of Public Health and Environment)
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29. Fugitive dust shall attempt to be confined on the property. Uses on the property shall comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
30. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and Environment)
31. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
32. All stormwater, which has come into contact with waste materials on the site, shall be confined on the
site. In the event the storm water is not adequately controlled on the site, upon written notification from
the WCDPHE or CDPHE, a comprehensive site -wide Stormwater Plan shall be developed and
implemented. The plan must be approved, in writing by the Weld County Department of Public Health
& Environment or Colorado Department of Public Health & Environment prior to implementation.
(Department of Public Health and Environment)
33. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently
impervious to contain any spilled or released material. Secondary containment devices shall be
inspected at regular intervals and maintained in good condition. All secondary containment will comply
with the Colorado Oil and Gas Conservation (COGCC) Commission and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations. (Department of Public Health and
Environment)
34. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
35. All potentially hazardous 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 Public Health and Environment)
36. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with
applicable rules and regulations. Any reportable spills will be reported and documented in accordance
with all state and federal regulations and records will be kept onsite for WCDHPE review upon request.
(Department of Public Health and Environment)
37. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility will comply
with the Closure Plan outlined in the approved EDOP. Documentation of closure activities will be
provided to WCDPHE. (Department of Public Health and Environment)
38. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For
employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent
residential properties and public rights -of -way. (Department of Public Health and Environment)
39. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
40. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
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41. Analytical waste data and environmental monitoring data shall be made available to Weld County
Department of Health and Environment upon request. The Weld County Department of Health and
Environment reserves the right to require additional monitoring. (Department of Public Health and
Environment)
42. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
43. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance. (Department of Public Health and Environment)
44. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
45. Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
46. 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. Further, the Dark Sky Policy addresses all
exterior lighting associated with a facility to address and reduce the problems of the nighttime visual
impacts associated with light pollution. This is achieved by encouraging lighting practices that direct
appropriate amounts of light where needed and limiting glare from poorly shielded or inappropriately
directed lighting fixtures. The Dark Sky Policy applies to all applicable exterior lighting fixtures.
(Department of Planning Services)
47. Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. 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 Building Codes; 2018 International Residential Code; 2018 International Energy Code;
2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
48. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
49. 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.
50. 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.
51. 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.
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52. Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner.
53. A 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.
54. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
55. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
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Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
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October 15, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
Guinn Mike
NGL Energy Partners, LP
3773 Cherry Creek North Dr Ste 1000
Denver, CO 80209
Subject: 3MJUSR18-07-1604 - A Site Specific Development Plan and 3rd Amended Use by Special
Review Permit 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 Colorado
Department of Public Health and Environment, and obtain a Certificate 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 parcel(s) of land described as:
S2SE4 SECTION 30, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 1, 2020, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 16,
2020 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
https://accela-aca.co.weld.co.us/CitizenAccess
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Kim O
Planner
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