HomeMy WebLinkAbout20210164.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland, 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:
3MJUSR 18-07-1604
HIGH SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ,
LLC
KIM OGLE
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.
S2SE4 SECTION 30, T3N; R65W OF THE 6TH P.M., WELD COUNTY.
COLORADO.
NORTH OF AND ADJACENT TO CR 28 SECTION LINE; WEST OF AND
ADJACENT TO CR 39.
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 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
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HIGH SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, LLC
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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
surrounding properties are primarily zoned Agncultural 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 agncultural activities Under the proposed application,
the facility will increase its footpnnt 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 nght 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
bnnewater 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,
USR18-07-1604 A commercial well with an additional filtration system, permit no 272956 provides
potable water to the srte and an existing onsite wastewater system, SP -1500186 designed to
accommodate up to nine (9) employees that utilize the site in a 24 -hour penod, seven days a week
handles the effluent flows
An Engineenng 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 summanzes the engineering design and
specifies operational requirements for the facility Additionally, NGL Water Solutions regularly
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PAGE 3
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
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 pnmary 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 Distnct
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 pnmanly 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 Heanng 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 pnme
agncultural 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 footpnnt for all
RESOLUTION 3MJUSR18-07-1604
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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 Sod Conservation Service Important
Farmlands of Weld County Map
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 matenals 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 Pnor 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 nghts-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)
RESOLUTION 3MJUSR18-07-1604
HIGH SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, LLC
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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)
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 nght-of-way at full
buildout The applicant shall delineate and label on the site map or plat the future and existing
nght-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 nght-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 appropnate turning radii (60') on the site plan The
applicant shall obtain an access permit in the approved location pnor 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 traders) 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
RESOLUTION 3MJUSR18-07-1604
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PAGE 6
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
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 Apnl 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 Pnor to Construction
A The applicant shall attempt to address the requirements of the Platteville-Gdcrest 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 pnor 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 budding or electncal 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)
Motion seconded by Dwaine Barclay
RESOLUTION 3MJUSR18-07-1604
HIGH SIERRA WATER SERVICES, LLC, C/0 NGL WATER SOLUTIONS DJ, LLC
PAGE 7
VOTE
For Passage
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Butch White
Troy Mellon
Against Passage Absent
Gene Stille
Sam Gluck
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, Michelle Wall, 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 December 1, 2020
Dated the 1st of December, 2020
weee, o° ukite-
Michelle Wall
Secretary
RESOLUTION 3MJUSR18-07-1604
HIGH SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
High Sierra Water Services, LLC dba NGL Water Solutions LLC
3MJUSR20-07-1604
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 (Cortex) 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 nght 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 Matenals 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 wntten evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire Distnct 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 nghts-of-way or easement shall acquire an
approved Right -of -Way Use Permit pnor 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 histoncal 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 Engmeenng 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 Matenals 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 boundanes 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 descnbed 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 budding 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 matenals shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debns, 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 matenals 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 pnor 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 matenal. 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 dunking, 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 ughts-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 Industnal 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 pnvate 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 appropnate 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 Budding permits shall be required for any new construction or set up manufactured structure, per Section
29-3-1D of the Weld County Code A building permit application must be completed and submitted
Buildings and structures shall conform to the requirements of the vanous 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
Electncal Code, and Chapter 29 of the Weld County Code A plan review shall be approved, and a permit
must be issued pnor 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
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
RESOLUTION 3MJUSR18-07-1604
HIGH SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 12
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 wntten 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 vanous impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property nghts 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
agncultural 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
Agricuttural 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 agncultural producers to utilize an
accumulation of agncultural machinery and supplies to assist in their agncultural 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 agncultural 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 agncultural 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
irngation ditches, lakes, or other structures, unless they have an adjudicated nght to the water
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,
RESOLUTION 3MJUSR18-07-1604
HIGH SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 13
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 prionties 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 irngation ditches, electncal 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
EXHIBIT
PL pow,its
izl /2.02.\
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 1, 2020
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,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford. Elijah Hatch, Skip Holland. Dwaine Barclay, Butch White. Troy Mellon.
Absent: Gene Stille, Sam Gluck.
Also Present: Kim Ogle, Chris Gathman, and Tom Parko, Department of Planning Services; Ben Frissell
and Lauren Light, Department of Health; Mike McRoberts and Melissa King. Department of Public Works;
Bob Choate, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the November 17, 2020 Weld County Planning Commission minutes, Moved by Tom
Cope. Seconded by Butch White. Motion passed unanimously.
CASE NUMBER: 3MJUSR18-07-1604
APPLICANT HIGH SIERRA WATER SERVICES. LLC. C/O NGL WATER SOLUTIONS DJ.
LLC
KIM OGLE
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.
S2SE4 SECTION 30, T3N, R65W OF THE 6TH P M . WELD COUNTY.
COLORADO.
NORTH OF AND ADJACENT TO CR 28 SECTION LINE: WEST OF AND
ADJACENT TO CR 39.
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
Kim Ogle, Planning Services, presented Case 3MJUSR18-07-1604, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Mike McRoberts, Public Works,. reported on the existing traffic, access to the site and drainage conditions
for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Mike Guinn, NGL Water Solutions, 8211 W 20th Street, Greeley, Colorado Mr Guinn said the site is a
Class II Injection facility and a record -approved solid processing plant He said they take produced solid
wastes as a byproduct of oil and natural gas production which includes tank bottoms, sludge and muds
from production well site or transport it to the site They then extract the oil and then sell it He said they
process the solids Mr Guinn said the two wells on site are rarely used He stated that water is transported
to other sites they operate
Commissioner Cope asked the applicant for the specific changes that are being made on this request Mr
Guinn replied they want to use this site to park their water trucks that process their facility solids at their
site He said they also want to repurpose the use of a building to use for a mechanics bay to maintain their
own internal trucks Mr Guinn explained that they have made the decision to remove some below -grade
frac tanks and equipment from the storage obsolete yard
Commissioner Holland asked if the applicant is repurposing an existing building Mr Guinn replied that is
correct The applicant explained the building was originally designed for a process called water recycling,
but due to economies of recycling, this activity is no longer performed
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked the applicant if they have read through the 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 3MJUSR18-07-1604 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 Skip Holland, Seconded by Dwaine Barclay
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Dwaine Barclay, Elgah Hatch, Lonnie Ford, Skip Holland, Tom Cope, Troy Mellon
Absent Gene Stdle, Sam Gluck
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 4 02 pm
RespectfuEly submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
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