HomeMy WebLinkAbout20201742.tiffHEARING CERTIFICATION
DOCKET NO. 2020-01.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
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 - NGL WATER SOLUTIONS DJ, LLC
A public hearing was conducted on June 10, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer — RECUSED
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Zackery Roberson
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated November 15, 2019, and duly published
November 20, 2019, in the Greeley Tribune, a public hearing was conducted on January 8, 2020,
to consider the request of NGL Water Solutions DJ, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, 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, at which time, the Board deemed it advisable to continue the
matter to March 11, 2020, to allow the applicant adequate time to address the survey and
engineering issues related to the project. On March 11, 2020, the Board deemed it advisable to
continue the matter to June 10, 2020, to allow Mr. Leffler adequate time to complete a survey and
review the information provided by NGL. Bob Choate, Assistant County Attorney, made this a
matter of record.
le Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site, outlined the progress made by the applicant since the
last hearing, and displayed the revised site plan (Exhibit K). He stated the applicant had been in
contact with Bob Koehler, with the Colorado Oil and Gas Conservation Commission (COGCC),
who stated in an email correspondence (Exhibit O), dated June 9, 2020, the NGL application is
on an informal hold because of the drain tile issue raised in a letter from Donn Leffler, surrounding
property owner (SPO). The email went on to say the COGCC would like to see more details on
how NGL proposes to protect Mr. Leffler's drain tiles. On behalf of NGL, Mr. Ogle requested a
continuance of the hearing, citing the COGCC's referral response, a continuance request from
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2020-1742
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HEARING CERTIFICATION - NGL WATER SOLUTIONS DJ, LLC (USR19-0060)
PAGE 2
Maria Petrocco, Mr. Leffler's oil and gas attorney, and comments made to the Department of
Planning Staff, by Doug White, representative for NGL.
e Bruce White, NGL Water Solutions DJ, LLC, reiterated the request for a continuance so Doug
White could be present. After discussion between staff and the Board, they decided on
September 16, 2020, as the continuance date.
e Ryan Donovan, Lawrence Jones Custer Grasmick LLP, who represented Mr. Leffler with
regard to his water rights, expressed frustration with another continuance, and stated this was the
first he had heard of the progress NGL had made since the last hearing. He cited a Supreme
Court case (Exhibit M), and stated Mr. Leffler had been trying to work out an agreement with NGL,
regarding the drain tiles, and explained he reached out to NGL, following the last hearing, hoping
to receive an engineering report, and instead received four (4) diagrams, which were not helpful.
He asserted the NGL drawing (Exhibit K) that showed facilities being constructed on top of
Mr. Leffler's drain tiles, which is a violation of Mr. Leffler's easement rights and suggested the
Board deny the USR application or leave the continuance date open-ended, until an agreement
is in place.
e Chair Freeman explained he wanted the applicant to be present prior to further discussion or
making a decision, and the Board agreed. There was discussion about what the Board hopes will
be accomplished before the next hearing.
El Maria Petrocco, Law Offices of Maria Petrocco, represented Mr. Leffler and stated she asked
for a continuance, via email, on June 8, 2020, because the COGCC well permit had not been
issued. Chair Freeman explained he had been told, earlier in the morning, that as of two (2) days
prior, NGL wanted to proceed, but asked for a continuance because Ms. Petrocco had sent an
email requesting a continuance. Mr. Choate then explained the information he had received from
Ms. Petrocco, prior to the hearing, indicated that Mr. Leffler was ready to proceed.
e Commissioner Ross moved to continue the request of NGL Water Solutions DJ, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, 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, to September 16, 2020, at
10:00 a.m., to allow NGL adequate time to address the COGCC's request and allow the well
permit application to proceed through the state process. The motion was seconded by
Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing
was completed at 1:50 p.m.
2020-1742
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HEARING CERTIFICATION - NGL WATER SOLUTIONS DJ, LLC (USR19-0060)
PAGE 3
This Certification was approved on the 15th day of June, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datifvt) . ,dp.Ok,
Weld County Clerk to the Board
BY/ i..ii �%�
Deputy Clerk to the Board ��
40'p Scott K. 'ames
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Mike F eeman, Chair
Steve Mor
arbara Kirkm ,.�.
Kevin D. Ross
2020-1742
PL2727
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