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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR19-0060
Hearing Date: December 3, 2019
NGL Water Solutions DJ, LLC
c/o Doug White, 3773 Cherry Creek North Drive, Denver, Colorado 80209
Messrs. Matt Kilker and Jack Lopez, NGL Water Solutions DJ, LLC
A Site Specific Development Plan and Use by Special Review, USR19-0060, for Oil
and Gas Support and Service, including an unmanned, pipeline only, Class II
Saltwater Disposal Facility and related infrastructure, up to five (5) construction
trailers and five (5) conex containers for temporary use during construction in the A
(Agricultural) Zone District. (Central Weld Facility)
Lot A of Recorded Exemption No. 0805-16-4 RE -3634; being a part of the SE4 of
Section 16, Township 6 North, Range 66 West of the 6th P.M., Weld County, CO
Location: West of and adjacent to County Road 31, North of and adjacent to Highway 392
Size of Parcel:
± 6.73 acres Parcel No. 0805-16-4-00-060
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:
y Weld County Department of Public Health and Environment, referral dated October 11, 2019
y Weld County Planning — Floodplain Administrator, referral dated October 23, 2019
y State of Colorado Department of Public Health and Environment, referral dated October 25, 2019
y Weld County Department of Public Works, referral dated November 4, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
City of Greeley, referral dated October 3, 2019
Weld County Sheriff's Office, referral dated October 7, 2019
State of Colorado Department of Transportation, referral dated October 7, 2019
Town of Windsor, referral dated October 10, 2019
Weld County Zoning Compliance, referral dated October 17, 2019
State of Colorado Parks & Wildlife, referral dated October 28, 2019
North Weld County Water District, referral dated October 30, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V'7
Eaton Fire Protection District
Noble Energy Company, Inc.
West Greeley Conservation District
Town of Severance
Town of Eaton
Weld County Department of Building
Inspection
Weld County Office of Emergency
Management
Greeley No. 2 Canal
USR19-0060 — NGL Water Solutions DJ, LLC
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Kim Ogle
USR19-0060
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: December 3, 2019
NGL Water Solutions DJ, LLC
c/o Douglas W. White, 3773 Cherry Creek North Drive, Denver, Colorado 80209
Messrs. Matt Kilker and Jack Lopez, NGL Water Solutions DJ, LLC
A Site Specific Development Plan and Use by Special Review, USR19-0060, for Oil
and Gas Support and Service, including an unmanned, pipeline only, Class II
Saltwater Disposal Facility and related infrastructure, up to five (5) construction
trailers and five (5) conex containers for temporary use during construction in the A
(Agricultural) Zone District. (Central Weld Facility)
Lot A of Recorded Exemption No. 0805-16-4 RE -3634; being a part of the SE4 of
Section 16, Township 6 North, Range 66 West of the 6th P.M., Weld County, CO
West of and adjacent to County Road 31, North of and adjacent to Highway 392
± 6.73 acres Parcel No. 0805-16-4-00-060
The proposal is for an unmanned, pipeline delivery only saltwater disposal facility located on a dry corner
of a center pivot located on irrigated lands adjacent to two publicly maintained roads. The property is
partially located within the floodplain of Coalbank Creek, whereas the facility is located adjacent and will
include a pump building, tank farm and containment area and injection well. This facility will not have a
truck off-load pad or equipment. The facility will operate 24 -hours a day, seven days a week and may be
visited up to three times a day by company personnel in a company truck.
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 22-2-20.G.2. - A.Policy 7.2. states, "Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area that
can support such development and should attempt to be compatible with the region.
The proposed facility is located in an area that contains productive agricultural activities that are
not readily supported on this parcel because of the small lot size. Furthermore, this property has
direct access onto County Road 31, which is a primary transportation corridor that supports
agricultural, commercial and industrial transportation. The unmanned facility will generate little
traffic and the metal skinned building is similar in size to area agricultural buildings and structures.
USR19-0060 — NGL Water Solutions DJ, LLC
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Section 22-4-130 addresses mineral resource exploration and production wastes stating a large
amount of water is extracted during the production of crude oil and natural gas. The wastewater
produced from mineral resource exploration and production waste is frequently brackish or salty
and must be processed and disposed of in a satisfactory manner to protect both human and
environmental health. To protect the land, water and County citizen health groundwater
contamination must be prevented by following state regulations that require cementation of wells
(including injection wells) to prevent commingling of water, oil and gas into other formations.
Section 22-4-140. A. EP.Goal 1. states 'Encourage the minimization of mineral resource
exploration and production waste and require the safe disposal of it."
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 there will be sustained levels of exploration and
extraction in the County. Many state and federal permits are required for the industry, such as
stormwater management plans, environmental reports (including those for threatened and
endangered species), archeological and historical reports, floodplain permits, Air Pollution
Emissions Notices and other federal, state and County statutes, regulations and ordinances.
Section 22-4-140. A.EP.Goal 2. states "Mineral resource exploration and production waste
facilities should be planned, located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use, scale, height, traffic, dust, noise
and visual pollution."
Referrals were sent to the Colorado and Weld County Department of Public Health and
Environment and Colorado Department of Transportation for comment. Weld County Department
of Public Health and Environment returned a referral dated October 11, 2019 requiring the applicant
and operator to submit a Groundwater Monitoring Plan for review and approval to the Weld County
Department of Public Health and Environment prior to recording the USR Map. The State of
Colorado Department of Transportation returned a referral dated October 7, 2019 without concerns.
The proposed use is in an area that can support this development and the existing 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.
Chapter 23, Article III, Section 23-3-40.W allows for Oil And Gas Support and Service facilities to
be constructed, operated and maintained on lands outside of Subdivisions and Historic Townsites
in the A (Agricultural) Zone District upon approval of a Special Use Permit (USR) in accordance
with the requirements and procedures set forth in Chapter 23, Article II, Division 4 of the Weld
County Code.
Agriculture in the County is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business, industrial and residential
land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture
as an essential feature of the County. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and agricultural
production, and for areas for natural resource extraction and energy development, without the
interference of other, incompatible land uses.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of irrigated agricultural lands, small businesses and rural residences.
The closest residence is approximately 515 -feet to the northeast, with two (2) residences located
to the west, one approximately 840 -feet and the second approximately 1,725 -feet from the western
property line.
USR19-0060 — NGL Water Solutions DJ, LLC
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There are six (6) USRs within one -mile of the site. USR-843 for farm equipment repair, 3MUSR19-
85-695 for a Kennel, USR-1698 for a Child Day Care Center located to the west; SUP -292 for a
3700 head feed lot and USR14-0002 for oil and gas support and service, specifically the High Point
Resources LLC, Greeley office, and to the south SUP -175 for a 100 head feedlot.
The Weld County Department of Planning Services sent notice to five (5) Surrounding Property
Owners on eight (8) parcels. Planning staff received correspondence from one (1) surrounding
property owner within 500 feet of the parent parcel and two (2) letters from attorneys who represent
this same individual with concerns. The letter outlines concern about environmental impact,
specific to contamination of an irrigation water supply.
The applicant met with owners of the surface estate on an individual basis and have had extensive
discussions with the adjacent property owner to the south and southeast from the project parcel.
This property owner holds concerns of the possibility of contamination of his irrigation water from
the proposed injection well facility.
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan,
an extensive ground water monitoring plan with leak detection monitors placed around the facility,
both upgradient and down gradient from the facility. The applicant is also proposing multiple
redundant mitigation measures for leak detection and spill containment to be implemented as part
of the construction of the facility initially and for operation. Additionally, a Lighting Plan, a Flood
Hazard Development Permit, and visual mitigation via a Screening Plan is required by Planning
Services. The Development Standards and 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.
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 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 located within the three (3) mile referral area of the Town of Eaton, Town of Severance,
Town of Windsor and the City of Greeley. The site is also located within the Coordinated Planning
Agreement area for the Towns of Severance and Windsor. The Town of Severance returned an
undated Notice of Inquiry stating "This project falls outside of the Severance GMA and at this time
the Town does not wish to annex. Please continue to include the town on future project submittals."
The Town of Windsor returned an undated Notice of Inquiry stating "... outside of Windsor's GMA
/ No conflict."
The Town of Windsor returned a referral dated October 10, 2019 indicating no conflicts with the
Town's interests and the City of Greeley returned a referral dated October 3, 2019 stating the City
of Greeley Planning does not have any comments on this project, as it is located outside of the
Long Range Expected Growth Area. The Town of Eaton and the Town of Severance did not return
a referral response.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The property is not within the Geologic Hazard Overlay District, Airport Overlay District and
Municipal Separate Storm Sewer System (M54) area. The site is within the Flood Hazard
Development Overlay area and will require an approved Flood Hazard Development Permit prior
to construction.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
USR19-0060 — NGL Water Solutions DJ, LLC
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The proposed facility is located on approximately seven (7) acres of Prime (Irrigated) Farmlands of
National Importance per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The property is a dry corner and does not have any irrigation water associated on the
property.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
This 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. 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)
B. 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)
C. The applicant shall address the requirements of the State of Colorado Department of Public Health
and Environment, as stated in the referral response dated October 25, 2109. Written evidence of
such shall be submitted to the Weld County Department of Planning Services. (State of Colorado
Department of Public Health and Environment)
D. A Decommissioning Plan shall be submitted to and approved by the Department of Planning
Services. (Department of Planning Services)
E. A Communication Plan shall be submitted to and approved by the Department of Planning
Services. (Department of Planning Services)
F. A Lighting Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
G. A Landscape and Screening Plan (Visual Mitigation) shall be submitted to and approved by the
Department of Planning Services that screens the site from the Surrounding Property Owners and
rights -of -way. (Department of Planning Services)
H. Provide written evidence of the existing and future right-of-way for State Highway 392 from the
Colorado Department of Transportation. (Department of Planning Services)
I. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0060 (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 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
USR19-0060 — NGL Water Solutions DJ, LLC
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5. The map shall delineate the landscaping and screening in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
6. The map shall delineate the onsite lighting in accordance with the approved 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)
8. The map shall delineate the parking area for company employees. (Department of Planning
Services)
9. County Road 31 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires sixty (60) feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing right-of-
way (along with the documents creating the existing right-of-way) and the physical location of
the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
10. Show and label the existing and future right-of-way for State Highway 392. Contact the
Colorado Department of Transportation for right-of-way widths and additional requirements.
(Department of Planning Services)
11. Show and label the approved access locations, approved access width and the appropriate
turning radii (60 -feet) on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction. (Department of Public Works)
12. Show and label the approved tracking control on the site plan. (Department of Public Works)
13. 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)
14. 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)
15. Show and label the drainage flow arrows. (Department of Public Works)
16. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
17. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
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. 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 map
not be recorded within the required one hundred twenty (120) days from the date of the Board of County
USR19-0060 — NGL Water Solutions DJ, LLC
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Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional
three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
C. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services -
Floodplain)
5. Prior to Operation:
A. The applicant shall develop an 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 a Groundwater Monitoring Plan for review and approval to the Weld County
Department of Public Health and Environment. (Weld County Department of Public Health and
Environment)
6. The Use by Special Review 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 map 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)
USR19-0060 — NGL Water Solutions DJ, LLC
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NGL Water Solutions DJ, LLC
USR19-0060
1. A Site Specific Development Plan and Use by Special Review, USR19-0060, for Oil and Gas Support
and Service, including an unmanned, pipeline only, Class II Saltwater Disposal Facility and related
infrastructure, up to five (5) construction trailers and five (5) conex containers for temporary use during
construction in the A (Agricultural) Zone District. (Central Weld Facility), 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. The hours of operation are twenty-four (24) hour a day, Monday — Sunday. (Department of Planning
Services)
4. This is an unmanned facility as stated in the application materials. (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. 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)
7. The existing and proposed screening on the site shall be maintained in accordance with the approved
Screening Plan. (Department of Planning Services)
8. The Property Owner shall maintain compliance with the Decommission Plan and the Communication
Plan. (Department of Planning Services)
9. 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)
10. 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)
11. 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)
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
13. 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)
14. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
15. 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)
16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
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18. No disposal of waste, other than Class II, as currently defined by the Environmental Protection Agency,
is permitted. Any changes from the approved Class II use will require an amendment to this Use by
Special Review Permit. (Weld County Department of Public Health and Environment)
19. 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. (Weld County Department of Public Health and Environment)
20. 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. (Weld County Department of Public Health and Environment)
21. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter
14, Article 1 of the Weld County Code. (Weld County Department of Public Health and Environment)
22. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Weld County Department of Public
Health and Environment)
23. 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. (Weld County Department of Public Health and Environment)
24. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
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 and shall contain hand sanitizers. Portable toilets shall be screened from existing
adjacent residential properties. (Weld County Department of Public Health and Environment)
25. All potentially hazardous chemicals on -site 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. (Weld County Department of Public Health and Environment)
26. 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 Rules and/or the provisions of the
State Underground and Above Ground Storage Tank Regulations. (Weld County Department of Public
Health and Environment)
27. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available. (Weld County Department of Public
Health and Environment)
28. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Weld County Department of Public Health and Environment)
29. The facility shall comply with the accepted Groundwater Monitoring Plan. (Weld County Department
of Public Health and Environment)
30. 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. (Weld County Department of Public
Health and Environment)
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Page 9
31. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations. (Weld County 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 WCDPHE or CDPHE, prior to
implementation. (Weld County Department of Public Health and Environment)
33. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable.
(Weld County Department of Public Health and Environment)
34. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
set forth in Section 25-12-103, C.R.S. (Weld County Department of Public Health and Environment)
35. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility will remove all
wastes from the site and decontaminate all equipment, tanks, and secondary containment. All wastes
removed from the site during closure activities will be disposed of off -site, in accordance with all state
and federal rules and regulations and with Weld County Code. Documentation of closure activities will
be provided to WCDPHE. (Weld County Department of Public Health and Environment)
36. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Weld County Department of Public Health and Environment)
37. 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. (Weld County Department of Public Health and Environment)
38. 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)
39. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
40. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control devices. (Department of Planning Services)
41. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1510E effective date January 20, 2016 (Coalbank Creek Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of Planning
Services - Floodplain)
42. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
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Page 10
43. 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; 2006 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)
44. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
45. 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. (Department of
Planning Services)
46. 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. (Department of Planning Services)
47. 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.
48. 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
USR19-0060 — NGL Water Solutions DJ, LLC
Page 11
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.
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 28, 2019
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
LOPEZ JACK
3773 CHERRY CREEK DRIVE N.
DENVER, CO 80209
Subject: USR19-0060 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service, including an unmanned, pipeline only, Class II Saltwater Disposal Facility
and related infrastructure, up to five (5) construction trailers and five (5) conex containers for temporary
use during construction in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT A REC EXEMPTION RE -3634, PART SE4 SECTION 16, T6N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 3, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 8, 2020 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative 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
www.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim O
Planner
October 03, 2019
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
LOPEZ JACK
3773 CHERRY CREEK DRIVE N.
DENVER, CO 80209
Subject: USR19-0060 - A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility, including an oil and gas support and service facility (Class II
Oilfield Waste Disposal Facility and related infrastructure) and up to five (5) construction trailers and 5
conex containers for temporary use during construction in the Agriculture Zone District
On parcel(s) of land described as:
LOT A REC EXEMPTION RE -3634, PART SE4 SECTION 16, T6N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Eaton at Phone Number 970-454-3338
Greeley at Phone Number 970-350-9780
Windsor at Phone Number 970-674-2400
Severance at Phone Number 970-686-1218
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Planner
FIELD CHECK- USR99-0060
Inspection Date: November 22, 2019
NGL Water Solutions DJ, LLC
c/o Doug White, 3773 Cherry Creek North Drive, Denver, Colorado 80209
Request:
A Site Specific Development Plan and Use by Special Review, USR19-0060, for Oil and Gas Support and
Service, including an unmanned, pipeline only, Class II Saltwater Disposal Facility and related
infrastructure, up to five (5) construction trailers and five (5) conex containers for temporary use during
construction in the A (Agricultural) Zone District. (Central Weld Facility)
Zoning
Land Use
N
A (Agricultural)
N
Agricultural
E
A (Agricultural)
E
Agricultural
S
A (Agricultural)
S
Agricultural
W
A (Agricultural)
W
Agricultural with residence
Location: West of and adjacent to County Road 31, north of and adjacent to Hwy 392
Site is a dry corner of a center pivot. There are no improvements but there is an agricultural access to the
field from County Road 31. There is evidence of pipelines across the property running northwest to south
east. The property lies lower than both adjacent roads.
There are three residences in the near vicinity with one residence located north of the property, a second
adjacent to the west and a third also to the west south of Hwy 392. To the east is Noble Energy's piped
water reservoir and pumps.
County Road 31 at Hwy 392 is a signalized intersection with turn slots E/W and a turn lane N/S both
roads are paved with very little shoulders
Kim Ogle, Planner
Hello