HomeMy WebLinkAbout20200117.tiffHEARING CERTIFICATION
DOCKET NO. 2020-01.E
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 November 4, 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 matter was continued to
June 10, 2020, to allow Donn Leffler, surrounding property owner, and his legal team adequate
time to complete a survey and review the information provided by NGL. On June 10, 2020, the
matter was continued to September 16, 2020, to allow NGL adequate time to address the request
of the Colorado Oil and Gas Conservation Commission (COGCC) to allow the well application to
proceed through the state process. On September 16, 2020, the matter was continued to
November 4, 2020, to allow both parties time to explore a settlement, related to the USR
application. Bob Choate, Assistant County Attorney, made this a matter of record.
El Chair Freeman relayed the case and public comment had already been heard and it was
previously continued to allow NGL Water Solutions DJ, LLC (NGL), adequate time to explore a
settlement with Donn Leffler, surrounding property owner (SPO), related to the USR application.
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e Doug White, NGL Water Solutions DJ, LLC, stated an agreement has not yet been reached
with Mr. Leffler and indicated NGL would like the Board to make a decision on the application,
regardless. He added, NGL is open to the Board and staff adding language to the Resolution
which would help limit any adverse impact to Mr. Leffler's water rights.
e Calvin Miller, Miller Groundwater Engineering, LLC, stated he was hired by NGL to help
design an equivalent drain system for Mr. Leffler's wells and referenced Exhibit U (Central Weld
Facility Drain Line Layout and Profiles). He described the image in detail and discussed the
proposed ideas for protecting Mr. Leffler's drains.
e Ryan Donovan, Lawrence Custer Grasmick Jones and Donovan LLP, represented Mr. Leffler
and agreed both parties have been working diligently to reach an agreement. He did not agree
with the Board making a decision as Mr. Leffler's engineer, Brad Hagan, was not present. His
suggested another continuance to allow the engineers from both sides time to come to an
agreement on the design. In response to Chair Freeman, Mr. Choate stated the Board can
conditionally approve the case if they believe the two parties can come to an agreement, and
noted if an agreement cannot be reached, the plat would not be recorded. Responding to
Commissioner Moreno, Mr. Choate confirmed his previous statement and stated Weld County
Code requires the plat be recorded within 120 days of approval of the USR and referenced
Condition of Approval (COA) #1.C (owner or operator shall provide Final Engineering Report and
Certification of Compliance).
—i Mr. Donovan requested a brief recess to confer with Mr. Leffler.
e After conferring with Mr. Leffler, Mr. Donovan stated they would be open to the idea of a
conditional approval, dependent on the language of said Condition. Mr. Choate clarified, during
the recess he spoke with Mr. White and NGL is not acceptable to a condition that expressly states
they have to have a signed agreement, as it gives veto power to the other party. Mr. Donovan
reiterated the request of a continuance and in response to Commissioner Moreno, he relayed
Mr. Hagan had reviewed the proposed design and provided comments. Responding to Chair
Freeman, Mr. Donovan suggested 30 to 60 days for a continuance and Chair Freeman stated 60
days puts the hearing into the new year so there would only be three (3) Commissioners who
could hear the case at that point, and it would need a unanimous approval.
e Mr. White indicated he had conflicts with Mr. Donovan's characterization of certain items,
stating NGL believes they have a solution to avoid a significant adverse impact to Mr. Leffler's
water rights, and that the two parties are close to an impasse. He expressed concern with having
only three (3) Commissioners hear the case and having to vote unanimously and relayed, if the
case is approved with a Condition requiring NGL to mitigate any adverse impact, and they injure
Mr. Leffler's water rights, it is their financial liability. In response to Commissioner Moreno, he
indicated the timeframe to construct is dependent on the market and stated prolonging this case
is delaying the approval of their injection well permit with the Colorado Oil and Gas Conservation
Commission (COGCC), as the COGCC has tied this application to NGL's state approval.
Commissioner James citied Code Section 23-2-230.B.3, regarding compatibility, and asserted a
signed agreement between the two (2) parties shows compatibility and Commissioner Ross
reiterated, the liability to not injure Mr. Leffler's water rights is on NGL.
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e Zackery Roberson, Department of Public Works, stated this is the first time he had seen the
proposed plan for Mr. Leffler's drainage tiles and noted part of it is in the Colorado Department of
Transportation (CDOT) right-of-way and another part is in the County right-of-way. Mr. White
responded by stating NGL was not aware of the expansion of the highway and they would move
the pipe just inside of their easement. The Board discussed the logistics of a continuance prior
to the end of the year, compatibility, and NGL's financial liability. In response to Chair Freeman,
Mr. Choate asserted NGL is required, by law, to protect Mr. Leffler's water rights, regardless of
whether the Board adds that language to the Resolution. Mr. White indicated NGL would like a
vote today, whether the outcome be for approval or denial. Mr. Choate reiterated it is his
understanding NGL has a statutory obligation to protect the water rights of Mr. Leffler, stated the
language in COA #1.C supports such obligation, cited Section 23-2-290 (commencement shall
be within three (3) years from the date of approval), and stated an extension can be requested if
that timeframe cannot be met.
The Board revisited the Conditions of Approval and Development Standards (DS), which
were amended at a previous hearing. In response to Commissioner Moreno, Mr. Choate
confirmed the intent of COA #1.C and responding to Chair Freeman, Mr. Ogle indicated the Plans
(Decommissioning, Communication, Lighting, Landscape and Screening) had not been submitted
to and approved by the Department of Planning of Services, which is why they are listed as COA.
In response to Mr. White, Mr. Ogle explained the expectation for the Communication Plan and in
response to Commissioner James, regarding DS #35 (maximum permissible noise level), Mr.
Frissell stated a Noise Study was not submitted due to the facility being unmanned and the overall
nature of the facility, and confirmed these type of facilities typically operate under the residential
noise level. Commissioner Moreno suggested deleting DS #3 (hours of operation), as the facility
operates 24 hours a day, seven (7) days a week, and Mr. Ogle suggested deleting "existing and
proposed' in DS #7 (screening). The Board agreed to all of the aforementioned changes.
El In response to Chair Freeman, Mr. White indicated he had reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as amended.
e No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
e Commissioner James moved to approve 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, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards, as amended. The motion was seconded by Commissioner Ross,
and it carried unanimously. There being no further discussion, the hearing was completed at 12:20
p.m.
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This Certification was approved on the 9th day of November, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dediA) je,O4,
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Mike Freeman, Chair
Steve )dloreno, Pro -Tern
SK. James
RECUSED
Barbara Kirkme
Kevin D. Ross
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