HomeMy WebLinkAbout20150771.tiff HEARING CERTIFICATION
DOCKET NO. 2015-22
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW, USR14-0081 (FORMERLY KNOWN AS MUSR11-0004), FOR MINERAL
RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE
(CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALT WATER INJECTION
FACILITY, WATER RECYCLING, A TRUCK TANKER WASHOUT FACILITY, MOBILE
SOLIDS PROCESSING FACILITY AND A TANK STORAGE AREA WITH
CONFINEMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - HIGH SIERRA
WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, LLC
A public hearing was conducted on March 25, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Heather Barbare
The following business was transacted:
I hereby certify that pursuant to a notice dated February 13, 2015, and duly published
February 18, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of High Sierra Water Services, LLC, do NGL Water Solutions DJ, LLC, for a Site
Specific Development Plan and Amended Use by Special Review Permit, USR14-0081,
(formerly known as MUSR11-0004), for Mineral Resource Development Facilities, Oil and Gas
Support and Service (Class II Oilfield Waste Disposal Facility — salt water injection facility, water
recycling, a truck tanker washout facility, mobile solids processing facility and a temporary tank
storage area with confinement) in the A (Agricultural) Zone District. Brad Yatabe, Assistant
County Attorney, made this a matter of record.
(Clerk's Note: Commissioner Conway arrived at 10:11 a.m.)
IR Kim Ogle, Department of Planning Services, presented a brief summary of the proposed
amendment to the prior staff approved MUSR11-0004, defining the location, displaying photos
of the site and proposed facility operation, and stating there will be 30 full-time employees
covering three (3) shifts, 24 hours per day, 365 days per year. He clarified the applicant seeks
to add a solids processing facility, tank storage, and a truck tanker washout facility to the current
permit and that the proposed use would be compatible with the surrounding properties. There
are five property owners and two residents in the area, and adjacent lands are native
vegetation. Staff received no calls or concerns from surrounding property owners as adjacent
CC: CFu1`?t)N2 4117
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owners are supportive of this use. Fifteen (15) referrals were sent out and four (4) offered
comments. Mr. Ogle displayed a map describing the changes that are proposed, along with
photos of the site and adjacent properties, and stated the Planning Commission entered a
favorable recommendation. In response to Commissioner Cozad, Mr. Ogle confirmed the
offloading is on a concrete pad.
IR Jennifer Petrik, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements in relation to the location, stating the average daily
traffic count on CR 39 was 2006, with 51% truck traffic. Janet Lundquist, Department of Public
Works, reviewed the submitted traffic study and stated the increased number of employees and
truck traffic due to the expansion will result in an average 180 truck trips per day spread over a
24-hour timeframe. The Access Permit, #AP14-00273, is adequate; tracking control is required;
and, the Improvements Agreement dated May 15, 2008, applies to this Use. The site is not in a
geohazard area; a Weld County Grading Permit will be required if disturbing more than one (1)
acre; along with the other Conditions of Approval and Development Standards as required. Ms.
Petrik mentioned the possible change to Condition of Approval (COA) #1.A.11, regarding the
Non-exclusive License Agreement and suggested that the Board consider changing to "as
necessary". In response to Chair Kirkmeyer, Ms. Petrik clarified it was in relation to CR 28, and
the deletion of COA #1.B was suggested because there is an Improvements Agreement already
in place, as mentioned, from 2008.
CI Heather Barbare, Department of Public Health and Environment, reviewed the water and
sewer provisions, stating the increase of the number of employees on-site may require changes
to the existing septic system to meet the On-site Wastewater Treatment Systems regulations.
Ms. Barbare stated the applicant indicated drinking water will be provided by an existing water
well and they plan to apply for an additional new well permit. The Dust Abatement Plan
conveyed the driving and parking surfaces will be maintained aggregate and, when needed,
water and magnesium chloride will be used for dust abatement. Ms. Barbare summarized the
Colorado Department of Public Health and Environment (CDPHE) Recycling Registration for the
Water Recycling Facility and the Solids Processing Facility along with the Engineering Design
and Operations Plan from the Air Pollution Control Division. She described the storage
containment structures, and other relevant Development Standards.
Doug White, NGL, stated this site is on 80 acres located in the core of the productive area
of the Wattenburg play which makes this project viable despite the slowdown. NGL has drilled a
second disposal well and is expanding the surface facility for the saltwater disposal portion,
expanding the concrete secondary containments and adding tank storage, a solids processing
facility, and a dewatering facility based on demand. He further stated that NGL spent a lot of
time and energy to do this correctly. In response to Commissioner Moreno, Mr. White clarified
NGL is currently operating at 24 hours per day, seven days per week at all of the facilities which
allows the truck traffic to be spread out over 24 hours. He further stated that NGL has included
in the expansion plans a truck washout which promotes efficiency regarding the truck traffic. In
response to Commissioner Cozad, Mr. White, with the assistance of Ms. Barbare, clarified the
temporary storage process. Commissioner Cozad commended NGL on the importance of the
solids processing facility and inquired of any geologic activity in the area. To which, Mr. White
replied, there have been no reported issues from the review process, communicated the
requirement from the Colorado Oil and Gas Conservation Commission for all new wells to have
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a seismometer. Responding to Commissioner Conway, he stated there are limitations on
maximum pressure levels and maximum number of barrels for given periods of time which cover
liabilities should seismic activity happen, of which there has been no observance to date.
O No public testimony was offered concerning this matter.
1.�------ In response to Chair Kirkmeyer, Mr. White explained the water recycling process.
Ms. Barbare explained the background on Development Standard (DS) #14 and further
responded to Commissioner Conway that the applicant self-reports the information annually.
Chair Kirkmeyer suggested the first sentence of DS #14 be changed to read, "The facility shall
operate in accoradnce with the CDPHE approved Design and Operations Plan(s)." In response
to Chair Kirkmeyer, Ms. Barbare reviewed the stipulations regarding closure of the facility listed
in DS #15. To which, Chair Kirkmeyer, recommended deleting the third and last sentence from
DS #15. Further discussion regarding temporary tank storage led to Mr. White clarifying the
purpose of tank storage. Chair Kirkmeyer suggested the removal of the first sentence and the
words "including temporary tanks" from DS #10, and Commissioner Cozad suggested adding
the tank storage area to the map. Commissioner Conway asked counsel to clarify any issues
with these changes setting a precident for other applicants. Brad Yatabe, Assistant County
Attorney, responded stating the case by case review process prevents setting any precidents.
Chair Kirkmeyer recommended deleting any mention of temporary in regard to tank storage
throughout the document. a Chair Kirkmeyer clarified the requirements concerning the
Improvements Agreement reflected in Condition of Approval (COA) #1.B, and recommended it
be kept in the document for accountability purposes. She also recommended adding COA
#1.A.12 as suggested by Commissioner Cozad to read, "The applicant shall show and label the
tank storage area on the map." Chair Kirkmeyer suggested deleting COA #1.E regarding the
referral of Kerr-McGee to remain between the two parties without involvement by the County. In
response to Commissioner Cozad, Mr. White clarified the reasoning for moving Conditions of
Approval (COA) #5A and #5B to "Prior to recording the Plat," instead of, "Prior to the Release of
Building Permits." Chair Kirkmeyer suggested changing the numbering to reflect COA #1.G
become #2, and #1.H become #3 and subsequent numbering to be changed as needed. Lastly,
Ms. Petrik suggested a change to COA #1.A.11 and Chair Kirkmeyer recommended adding the
words "if applicable." The Board concurred with all the recommended changes.
• In response to Chair Kirkmeyer, Mr. White indicated they have reviewed, and agree to
abide by, the Conditions of Approval and Development Standards, as amended.
O Commissioner Conway moved to approve the request of High Sierra Water Services, LLC,
do NGL Water Solutions DJ, LLC, for a Site Specific Development Plan and Amended Use by
Special Review, USR14-0081 (formerly known as MUSR11-0004), for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal
Facility — salt water injection facility, water recycling, a truck tanker washout facility, mobile
solids processing facility and a tank storage area with confinement) 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, into the record. The
motion was seconded by Commissioner Cozad. Commissioner Conway reflected on the
successful history of the business. Commissioner Cozad thanked the applicants for submitting a
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quality application. There being no further discussion, the motion carried unanimously and the
hearing was completed at 11:13 a.m.
This Certification was approved on the 30th day of March, 2015.
BOARD OF COUNTY COMMISSIONERS
/ WELD COUNTY, COLORADO
W.f ATTEST: �• ;� ' � ;��
tarbara Kirkmeyer, hair
Weld County Clerk to the Board r -7
Mike Freeman, Pro-Tem
BY
Deputy gler• to the Board E� � c \R
4 S-ea on�y�/w;/a/y / CID 1861 VittAli
ar � lie A. Cozad
Steve Moreno
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