HomeMy WebLinkAbout20200107.tiff EXHIBIT
BEFORE THE WELD COUNTY. COLORADO . PLANNING COMMISSION T
(,t5RlS -bO(ob
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson , 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: USR19-0060
APPLICANT NGL WATER SOLUTIONS DJ . LLC
PLANNER KIM OGLE
REQUEST 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
LEGAL DESCRIPTION LOT A REC EXEMPTION RE-3634, BEING PART SE4 SECTION 16. T6N . R66W
OF THE 6TH P. M. , WELD COUNTY, COLORADO
LOCATION - NORTH OF AND ADJACENT TO STATE HIGHWAY 392; WEST OF AND
ADJACENT TO CR 31
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 22-2-20. 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.
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 . -
RESOLUTION USR19-0060
NGL WATER SOLUTIONS DJ . LLC
PAGE 2
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.
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 HighPoint
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
RESOLUTION USR19-0060
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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 (MS4) 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.
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 Planning Commission 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)
RESOLUTION USR19-0060
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C. The Property Owner shall provide a final Engineering Report and Certification of Compliance stamped
and signed by a qualified Professional Engineer registered in the State of Colorado, which shall
demonstrate that the quantity and quality of decreed subsurface water flow across the site to the
southern property owner will not be injured.
D 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)
E. 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)
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
RESOLUTION USR19-0060
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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
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
RESOLUTION USR19-0060
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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)
Motion seconded by Gene Stille ,
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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 Commissioner's 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 3. 2019.
Dated the 3rd of December, 2019
Michelle Wall
Secretary
RESOLUTION USR19-0060
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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)
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17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
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)
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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)
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)
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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)
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 states
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
RESOLUTION USR19-0060
NGL WATER SOLUTIONS DJ , LLC
PAGE 11
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5- 102 . C. R. S. . provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be. the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches. lakes, or other structures, unless they have an adjudicated right to the water.
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.
EXHIBIT
Ps)c_ v.kw\LAitS
\2. Z6I � SUMMARY J OF THE WELD COUNTY PLANNING COMMISSION MEETING
u 3c aq —00(00
Tuesday. December 3. 2019
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.
Michael Wailes. at 12 : 30 pm.
Roll Call.
Present: Michael Wailes. Bruce Johnson . Gene Stille. Tom Cope. Lonnie Ford . Richard Beck. Skip Holland.
Absent: Elijah Hatch.
Also Present: Kim Ogle, Michael Hall. and Jim Flesher. Department of Planning Services: Lauren Light
and Ben Frissell. Department of Environmental Health : Hayley Balzano, Mike McRoberts and Zackery
Roberson . Public Works: Bob Choate. County Attorney. and Michelle Wall, Secretary.
Motion : Approve the November 19. 2019 Weld County Planning Commission minutes, Moved by Skip
Holland. Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER_ USR19-0060
APPLICANT NGL WATER SOLUTIONS DJ LLC
PLANNER KIM OGLE
REQUEST 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.
LEGAL DESCRIPTION LOT A REC EXEMPTION RE-3634, BEING PART SE4 SECTION 16, T6N. R66W
OF THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION NORTH OF AND ADJACENT TO STATE HIGHWAY 392 WEST OF AND
ADJACENT TO CR 31 .
Kim Ogle. Planning Services. presented Case USR19-0060, reading the recommendation and comments
into the record. Planning staff received correspondence from one surrounding property owner within 500
feet of the parent parcel and two 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 Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Commissioner Ford asked staff how far away the closest house is. Mr. Ogle answered that it is
approximately a quarter of a mile away. He said that the person who wrote the letter. Mr. Leffler. is here
today represented by counsel.
Zackery Roberson . Public Works. reported on the existing traffic. access to the site and drainage conditions
for the site.
Commissioner Cope asked staff if the application for the commercial access does not meet spacing criteria.
Mr. Roberson replied that the current agricultural access road is 270 feet from intersection and the minimum
spacing for a local road is 330 feet.
Ben Frissell, Environmental Health , reviewed the public water and sanitary sewer requirements. on-site
dust control, and the Waste Handling Plan.
Doug White. Executive Vice President, NGL Water Solutions DJ LLC, 8207 West 20' Street, Greeley.
Colorado. Mr. White said they have over 100 salt water disposal facilities in the United States. He said the
proposed site will be the 13th site in Weld County. Mr. White said this will be a pipeline only facility. He
explained that having pipelines helps keep trucks off the road .
Commissioner Holland asked Mr. White how deep they plan to inject. Mr. White answered that at this site.
they plan to inject 8.000 - 10. 000 feet. Commissioner Holland asked if there is no potential migration of
the water outside of the pipe going down to the formation. Mr. White explained that the regulations of the
COGCC on Class II UIC wells requires to cement casing from the depths to injection formation to the surface
to protect the ground water. After the injection formation . they finish with a slotted liner to allow the water
to go into the formation .
Commissioner Johnson asked what the noise level is on the compressors. Mr. White explained they have
a metal outbuilding that encases the pumps, filters and electrical room. They have horizontal pumps that
have a larger motor on them. The only noise created is from the motor and the centrifugal force that is
created from the motor and the design of the pump down the barrel. Mr. White said the equipment operating
within the building are very quiet outside the building .
Commissioner Cope asked the applicant if there will be an open pond . Mr. White said there will be a
detention pond for stormwater. He said the produced water comes in via a closed double containment
pipeline into the tanks where the processed oil is skimmed. It is then pulled from those tanks into the pump
building and then injected into the wellhead and down into the hole. Mr. White said they are also planning
containment around the pump building. They do not normally have double containment around pipeline or
around the pump building but are doing it for this location to alleviate concerns with the surface and
groundwater.
Commissioner Cope asked how many tanks will be on the site and what size the tanks will be. Mr. White
said this facility will be half the size of their normal facilities. This site will have 4 system tanks that are 660-
barrel tanks, 1 gun barrel tank that is an 800-barrel tank and 1 sand tank that is an 800-barrel tank.
Commissioner Ford asked if the water is brought in under pressure. Mr. White said it is under 120 psi , so
not under high pressure. Water is pressurized at the production facility locations.
Commissioner Ford asked how the oil is removed . Mr. White explained that inside the gun barrel tank,
there are -umbrellas ' and other mechanical means that knock the oil away and the oil rises to the top. A
skim line takes the oil into an oil tank. Mr. White said he failed to mention the site will have 2 oil tanks that
are 300-barrell tanks. From the oil tank . the oil is picked up by truck. Mr. White said they do not expect
much oil at a piped only facility.
The Chair asked the applicant how the solid waste from the sand tank is handled . Mr. White said for a
facility this size. he would expect a vac truck to come in every 4 months. The solid waste is then taken to a
waste management facility. Mr. Wailes asked if the applicant will be able to sell the petroleum product. Mr.
White answered yes.
Commissioner Holland asked the applicant if they have any waste on site that must be treated as
hazardous. Mr White said by the EPA standards, it is exempt waste. He said they have basic biocides and
basic scale inhibitor that is added to the water in small amounts that are injected along with the water into
the well bore. Mr. Holland asked if the facility must maintain Resource Conservation and Recovery Act
(RCRA) permitting requirements. Mr. White said their well is operated under RCRA as administered by the
COGCC. Buffalo Ridge is certified to take RCRA exempt waste at their facility.
Commissioner Johnson asked what is in the water that makes it unusable. Mr. White explained that less
than 1 % of the constituents in the water are related to frack chemicals. When the water goes into the
formations. it picks up a lot of salt.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Maria Petrocco, Petrocco Associates, Oil and Gas Attorney representing Leffler. 8704 Yates Dr #100.
Westminster, Colorado. Ms. Petrocco stated that the Leffler farm is located directly south of the proposed
facility. She said that Mr. Leffler has underground water irrigation easements that date back from 1940.
Ms. Leffler said they are not sure of the exact locations of the water drains. The water flows to the southeast
corner, goes under the road, and then to Mr. Leffler's farm. Ms. Petrocco voiced concern that the proposed
detention pond will obstruct the flow of the water to Mr. Leffler's well. She said that one of the Conditions
of Approval is that Mr. Leffler agree and approve the conductor structure of the well. Ms. Petrocco said
they can't agree to this because they don't know if the conductors will protect the water, if there will be
water contamination or the liability of changing the flow of water. She said she sent a letter of objection to
Mr. Ogle on October 14. 2019. emphasizing some of the points she is making today. Ms. Petrocco said
that NGL has spent a considerable amount of time visiting with her and Mr. Leffler regarding the proposed
construction of the injection wells but doesn't feel there has been enough information for the applicant to
make a determination if it will affect the irrigation water flow and location of water tiles. She said that the
predecessor of land title before NGL was Owl Creek LLC. Ms. Petrocco said they dealt with Owl Creek
and their attorneys to advise them that there were these easements on the parcel.
Commissioner Johnson asked the applicant if the predecessors did any research on where the water tiles
are. Ms. Petrocco said that she does not know about Owl Creek, but NGL did some potholing and said
they had a hard time finding an area without water. On the area where NGL is planning on placing their
building, no water was found. Commissioner Johnson explained an engineer should be able to figure out
the flow of the water.
Commissioner Holland asked if the underground easements are defined on record. Ms. Petrocco said they
have a copy of the recorded easement. but it does not identify where the water lines are located.
Commissioner Holland asked Ms. Petrocco is she is aware of any geologic or hydrologic study being
performed on the property that would support her concern. Ms. Petrocco said she isn't sure if it is a
hydrological study but about the flow of water patterns. Commissioner Holland asked how deep the ground
water is in that area. Ms. Petrocco said the drain tiles are 5 feet deep.
Ryan Donovan . Lawrence. Jones. Custer and Grasmick Attorneys, 5245 Ronald Reagan Blvd, Suite 1 .
Johnstown . Colorado. Mr. Donovan is Mr. Leffler's water counsel. Mr. Donovan said his comments will
reflect the letter sent to Mr. Ogle by him and Mr. Grasmick in October (2019). Mr. Donovan said the tile
pipeline was decreed as the Badger Sump in Civil Action 11217. It is a legally protected interest that Mr.
Leffler has. Mr. Donovan said the source of that decreed water is collected in Sections 15 and 16 of NGL's
property for Mr. Leffler's use. He said the amount of water was decreed for 2.7 cubic feet per second . Mr.
Donovan is concerned that the construction of the proposed facility could cause physical damage to the tile
drainage system. Mr. Donovan voiced concern that the construction of any impervious surface materials
could reduce the quantity of water collected by the tile drain . He said they have substantial water quality
concerns particularly with the leakage of the pond on the southeast corner. It is his understanding the tile
drains run in the area the detention pond is supposed to be located. Mr. Donovan stated that it is Mr.
Leffler's right to access the water tiles if necessary. to operate, maintain , or repair his infrastructure. Mr.
Donovan said at this time, they cannot support this application because these issues have not been
investigated to the applicant's satisfaction by NGL. He is asking the Planning Commission to request that
NGL study these issues and come back with further information.
Commissioner Ford asked Mr. Donovan if the proposed site is supposed to remain bare land because of
the rights to the water. Mr. Donovan replied any future development would be subject to that decree. He
has seen in other cases. a right of way or some kind of drainage system that puts that water back into its
natural course above the upstream point of diversion.
Commissioner Beck asked how many acres the triangular portion on the map is. Mr. Donovan said
approximately 7 — 8 acres.
Commissioner Ford asked out of the 7 acres. is the development portion about 3 acres. Mr. Donovan said
that would be a question for NGL.
Commissioner Stille asked Mr. Donovan if he knew where the drain tiles are located. Mr. Donovan said he
is not aware of the locations nor how many there are. He would estimate there are 6 — 8 tiles.
The Chair asked Mr. Donovan if he feels an agreement can be met. Mr. Donovan said yes but before the
application is approved , they would like to request NGL does further studies.
Donn Leffler. 14492 Highway 392, Greeley, Colorado. Mr. Leffler stated he felt his council presented his
concerns really well.
Commissioner Cope told Mr. Leffler that he appreciated he came before the Board because it shows that
he is concerned .
Commissioner Holland asked Mr. Leffler how frequently he runs his irrigation well. Mr. Leffler said usually
starts irrigating the first part of May and runs through October. Commissioner Holland asked if there is
water in his well year-round. Mr. Leffler said there is. He said if he doesn't use the water. it continues to
flow eventually into the Cache la Poudre River.
Commissioner Johnson mentioned that this situation could be resolved through civil engineering.
Commissioner Stille asked Mr. Leffler how deep his irrigation well was. Mr. Leffler said he would estimate
25 feet deep.
Whitney Phillips. 1319 East Prospect Road, Fort Collins, Colorado. Ms. Phillips said she is an attorney who
is representing the Cache la Poudre Water Users Association. The Association is concerned about the
quality and quantity impacts that could affect all major water users along the Cache la Poudre River. She
said the impacts from contamination could be devastating for water users. Ms. Phillips voiced concern that
the Association did not receive an official notice of this project. She said a board member from the
Association happened to hear about this application .
Commissioner Wailes asked Ms. Phillips if the Association normally receives referrals on these types of
projects. Ms. Phillips said they do not.
Ms. Phillips said that the Association and herself would like to be provided with further information from
NGL that address all the water concerns. She said they would like an opportunity to have an engineer
review not only the injection well but the potential impacts if it fails in some way.
Commissioner Beck asked staff how the Association could receive referrals. Mr. Ogle replied that the
Association will need to send a notice to the Planning Department requesting to be added as a referral
agency. They will need to explain who they represent and contact information. Mr. Ogle said a referral
was sent to the closest water agency. the Greeley #2 Canal and did not receive a response back.
The Planning Commission discussed they do not feel there is a problem with the actual injection well that
would need to meet all requirement of the COGCC. but the issue is with Mr. Leffler's water rights.
The Chair asked staff if Development Standard 16 cover the concerns of the public. Mr. Robinson said the
County can request additional engineering and would need to do further research.
Mr. Choate said in his experience in looking over these types of cases, this standard addresses stormwater
runoff not irrigation facilities. He said when they are doing calculations for stormwater runoff. they are
looking at the site itself. In this case. we are talking about a couple of sections where water is being
conveyed through the site. Mr. Choate does not think the Urban Storm Drainage Manual or County Code
addresses this issue.
Commissioner Beck suggested a new development standard be added to address this issue and that the
applicant is responsible.
Mr. Robinson said he received information that ground water would be reviewed by the Department of
Water Resources.
Mr. White said he wanted to remind everyone that this is a Weld County Land Use Hearing. The COGCC
has primacy over anything subsurface with disposal wells and they have a process of which they follow to
maintain approval for permits for ongoing use and monitoring of the subsurface. He said that the volume
and quality of Mr. Leffler's water is of the highest priority. Mr. White said NGL owns 7 acres of property and
they want to be able to develop their land. He said that the drainage pond is a Weld County requirement
and has nothing to do with NGL's operations nor the wastewater.
The Chair said it was his understanding from the public comments, that they are concerned about the
physical structure of the pond interfering with the drainage tiles, not contamination.
Mr. White said that water rights are different from easement rights. He also said no one knows what the
actual water flow is calculated at today. although it was decreed as 2.7 cubic feet per second in 1940.
Matt Kilker. Vice President of Engineering for NGL. 3773 Cherry Creek North Drive. Denver. Colorado. Mr.
Kilker said they hired a hydrovac service that found wood-slated drain tiles from 5 to 8 feet deep. The tiles
that were found are located south of the proposed building. Mr. Kilker said they understand there could be
more tiles on the property that were not found. The injection well site will be 40 feet away from any
subsurface structure. Mr. Kilker said that during construction of the facilities and the well, they would
provide additional rig matting that would cover the area to protect the drain tiles. They plan to add additional
liner to the outside of a steel-cased cement that would extend below Mr. Leffler's tile arrangement. Mr.
Kilker explained that the tank containment will house the majority of the fluid on site. He said the COGCC
defines the containment requirement to be of a concrete structure that would house the volume of fluid in
the event that there was a tank rupture or a release of any sort of volume from that facility. Mr. Kilker said
they want to protect the tank beyond the concrete structure and will add two additional 60 mil liners below
the structure and they will have the ability to monitor any release that could happen in that structure.
The Chair asked Mr. Kilker if NGL has been in communication with Mr. Leffler and his attorneys. Mr. Kilker
said that they arranged a meeting with Mr. Leffler, Ms. Petrocco and two representatives from the COGCC
at Mr. Leffler's residence. They explained the design of both the redundant containment on the tank farm
itself. the additional casing requirements that they will supply. and the additional rig matting that will be
provided to protect the underground tiles.
Mr. White stated they have worked to try and find the locations of the drain tiles. NGL has requested that
Mr. Leffler and counsel substantiate the easements and the location . Mr. White said typically, they receive
a plat with the actual easements. He it would be very helpful in this case. Mr. White said if Mr. Leffler and
his team could identify the drain tiles and the volume. NGL would be happy to take on the liability and
commitment to not conflict with the quality or quantity of his water.
Commission Beck stated that there is a decree that states a certain amount of water will be delivered to the
Leffler Farm. He said he doesn't feel that it is the farm owner's responsibility to find out where the tiles are.
Mr. Beck said he thinks it should be NGL's responsibility because they own the property and it is their
project that may interfere with those flows.
The Chair said a new Condition of Approval should be added and asked Mr. Choate for his assistance.
The Planning Commission discussed different facts they thought should be included in the language.
9
The Chair called a recess at 3: 34 pm so that Mr. Choate and Mr. Roberson could discuss the
recommendation of language for a new Condition of Approval.
The meeting reconvened at 3:46 pm.
Mr. Choate said the Board could add a new 1 . C. that states The Property Owner shall provide a final
Engineering Report and Certification of Compliance stamped and signed by a qualified Professional
Engineer registered in the State of Colorado, which shall demonstrate that the quantity and quality of
decreed subsurface water flow across the site to the southern property owner will not be injured . -
Motion : Add Condition of Approval 1 . C. as recommended by staff. Moved by Tom Cope, Seconded b
pp by
Richard Beck. Motion passed unanimously.
The Chair asked the applicant if they have read through the Amended 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 USR19-0060 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 Bruce Johnson , Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck. Skip Holland . Tom Cope.
Commissioner Cope said that in his opinion the applicant met the 7 requirements in Section 23-2-220.
Meeting adjourned at 3 54 pm .
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
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