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AftV �\ LAND APPLICATION
SUMMARY SHEET
Planner: Kim Ogle
Case Hearing Date: March 3, 2015
Number: USR14-0085
Applicant: NGL Water Solutions DJ, LLC, 3773 Cherry Creek North Drive, Denver, CO 80209
Representative: Ted Lopez, M3 Construction, 2861 W 120`"Avenue, Suite 250, Westminster, CO 80234
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities,Oil and Gas Support and Service(Class II Oilfield Waste Disposal
Facility-Saltwater Injection Facility,Water Recycling,a Truck Tanker Washout Facility and
a temporary tank storage area with containment) in the A(Agricultural)Zone District
Legal
Description: Lot B, RE-3520 being part of the SW4 of Section 29,Township 2 North, Range 64 West of
the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 51; North of and adjacent to County Road 16
Parcel Number: 1305-29-3-00-028 Size of Parcel: 108.190 acres +/-
EXECUTE A PRE-ANNEXATION AGREEMENT
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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' has received responses from the following agencies with comments:
• Town of Hudson, referral dated January 14, 2015
Weld County Public Works- Traffic, referral dated January 19, 2015
• Weld County Department of Public Health and Environment, referral dated February 2, 2015 and
February 27, 2015
• Weld County Planning — Engineer, referral dated February 2, 2015
• Town of Keenesburg, electronic mail dated February 2, 2015 and February 6, 2015
The Department of Planning Services'has received responses from the following agencies without comments:
• Weld County Code Compliance, referral dated January 6, 2015
• State of Colorado, Division of Water Resources, referral dated January 8, 2015
• Weld County Department of Public Works—Access, referral dated January 30, 2015
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 1
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Noble Energy ➢ Weld County Sheriff's Office
• Weld County Schools RE-3J
➢ Hudson Fire Protection District ➢ Colorado Department of Public Health &
Southeast Weld Soil Conservation District Environment
Weld County Department of Building "r Colorado Oil and Gas Conservation
Inspection Commission
➢ Colorado Division of Parks and Wildlife ➢ Burlington Northern Santa Fe Railroad
Office of Emergency Management r Colorado Department of Transportation
Narrative:
The proposed disposal facility will accept Class II Brinewater from oil field operations, Water Recycling, a
Truck Tanker Washout Facility and a temporary tank storage area with containment,operating 24 hours a day
365 days a year. The facility will accommodate an unrestricted number of trucks and will employ up to ten
employees full time on site to oversee facility operations. Site improvements include a pump house building
containing an office space for manifest paperwork and a break room with kitchenette. There will be a tank
farm within a concrete containment area, a temporary tank area, a concrete offload pad and an overhead
canopy with down lights. The siting of the facility is well off of County Road 51 to the east.
THE 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 22-4-140.A. EP.Goal 1.states
"Encourage the minimization of mineral resource exploration and production waste and
require the safe disposal of it;" and EP.Policy 1.1.states "Due to the impacts from surface
impoundments and increasing public concern about them, other alternatives for disposal
should be considered." The proposal is for a Class II Brinewater Injection Well and
associated facilities and will be permitted through the Colorado Oil and Gas Conservation
Commission prior to operation.
Section 22-4-140.B. EP.Goal 2. 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. This proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and county.
Section 22-4-30.A. WA.Goal.1 states "Support the development of water that is put to
beneficial use, along with associated infrastructure." The proposed water recycling facility
and load out facility will provide a valuable and indispensable service to oil and gas
companies. The centralized location for load out minimizes the removal of agricultural land
from production.
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 2
Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that
these basic rights and protections allow the free market to prosper and grow the local
economy. This proposal has been reviewed by the appropriate referral agencies and it has
been determined that the attached Conditions of Approval and Development Standards
ensure that there are adequate provisions for the protection of the health, safety and welfare
of the inhabitants of the neighborhood and county.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource
Development Facilities, Oil and Gas Support and Service including a Class II Oilfield Waste
Disposal Facility-Saltwater Injection Facility,water recycling,a truck tanker washout facility
and a temporary tank storage area with containment as a Use by Special Review in the A
(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is bordered by agricultural uses, predominately center pivot
sprinklers and flood irrigated fields with sparsely populated residential development. There
are two residences in the general area with the nearest residence directly west of the
property, and the second residence adjacent to the property at the southeast corner of the
parcel. Oil and gas facilities are existing encumbrances on this parcel and adjacent
properties. Staff has received no letters, telephone calls, electronic mail from adjacent or
surrounding property owners or interested persons. Development Standards and Conditions
of Approval will ensure that this use will be compatible with surrounding land uses.
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 3-mile referral for the Towns of Hudson and Keenesburg. The
Town of Hudson returned a referral dated January 16,2015 indicating their concerns with the
tanker truck routes into and from the facility and requested that all tanker truck traffic be
directed to enter the facility from the 1-76 Frontage Road onto County Road 51 to the facility
and to exit the facility heading north on County Road 51 to the 1-76 Frontage Road.
The Town of Keenesburg provided comment by electronic mail dated February 2, 2015
without comment. The Town of Keenesburg provided a formal response dated February 6,
2015 requesting that the applicant and their successors sample the Town's water well to
establish a baseline standard prior to commencing operations and agree to sample quarterly
as long as required by regulatory authorities. The Town requests that the cost of sampling
and analyses be borne by the applicant and their successors and that the Town be provided
with copies of all monitoring all sampling analyses when produced.
The Town of Keenesburg has concerns with truck traffic from the NGL Disposal site and the
impacts to County Road 16, County Road 51 and the 1-76 Frontage Road. The Town is
requesting that the Town be referenced as successor to any Road Maintenance Agreement
between NGL and the County so that obligations for road repairs and maintenance
necessitated by wear and tear or damages due to traffic from this USR do not impact
Keenesburg budgets and area citizens. Keenesburg also requests that they be notified and
are able to provide comment in the event that the applicant proposes to change the haul
route as proposed in the application.
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 2
The Town also requests that as a condition of approval of the County's USR,that NGL Water
Solutions DJ, LLC develop and execute a Pre-Annexation Agreement with the Town to be
signed at the earliest opportunity.
Representatives for NGL Water Solutions DJ, LLC stated that truck traffic entering the facility
would approach the facility from the north onto the 1-76 Frontage Road to County Road 51
and into the facility. Trucks leaving the facility would travel onto County Road 51 north to the
1-76 Frontage Road, west to the County Road 49— 1-76 intersection and out.
Representatives for NGL Water Solutions DJ, LLC in an electronic mail dated February 2,
2015 returned an email to the Town of Keenesburg stating "Thanks again for meeting with
me last week and providing information about annexation into the Town of Keenesburg.
After a follow-up conversation with Weld County, I have confirmed that our USR package is
properly submitted. Given the rigor of regulatory approvals, NGL has decided to complete the
USR process through Weld County. However,given the potential benefits that we discussed,
NGL may consider the annexation of this property into the Town of Keenesburg in the future.
Having said this, I would like to confirm my intent to recruit within Keenesburg.And NGL and
its contractors intend to enjoy the services provided within the Town of Keenesburg."
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard and
Airport Overlay District. The southern portion of the parcel is within the Jim Creek Floodplain.
In a referral dated January 12,2015,the Floodplain Administrator stated that it appears that
the development is outside of the floodplain. If there is any development on this site in the
floodplain, a Floodplain Development Permit (FHDP) will be required. This Floodplain is
zoned A. As a condition of approval, the floodplain and floodway boundaries will be
delineated on the USR map and if construction or any development activities are located
within the special flood hazard area, a Floodplain Development Permit (FHDP) will be
required.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County-wide Road Impact Fee Program.
Building Permits issued on the proposed lots,will be required to adhere to the fee structure of
the 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 a 108 acre parcel of land and the facility's footprint will be approximately ten acres
in area. The land not associated will remain in agricultural production and be leased to a
tenant farmer. The soils are predominately designated as"Prime"and "Other"near the Jim
Creek floodplain per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map.
G. Section 23-2-220.A.7 -- 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 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.
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 3
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the USR Map:
A. The Map shall be amended to delineate the following:
1. All sheets of the USR Map shall be labeled USR14-0085. (Department of Planning
Services)
2. The USR Map shall be prepared per Section 23-2-26O.D of the Weld County Code.
(Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. County Road 51 is designated on the Weld County Road Classification Plan as a
paved local road,which requires 60 feet of right-of-way at full build out.The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and
this information shall be noted on the map. This road is maintained by Weld County.
(Department of Public Works—Traffic)
5. County Road 16 is designated on the Weld County Road Classification Plan as a
local gravel road,which requires 60 feet of right-of-way at full build out.The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and
this information shall be noted on the map. This road is maintained by Weld County.
(Department of Public Works—Traffic)
6. Show the approved access on the map and label with the approved access permit
number(AP15-00041). (Department of Public Works - Traffic)
7. Show and label standard tracking control onto publically maintained roadways on the
map. (Department of Planning Services— Engineer)
8. Show the accepted water quality feature on the map and label as (Water Quality
Feature, No-Build or Storage Area), as well as the design volume. (Department of
Planning Services— Engineer)
9. Show and label the drainage flow arrows, turning radii, and parking and circulation
on the map. (Department of Planning Services— Engineer)
10. 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)
11. Vehicle washing areas should be designated and accurately delineated on the plat.
(Department of Public Health and Environment)
12. Temporary tank areas should be designated and accurately delineated on the plat.
(Department of Public Health and Environment)
B. An Improvements Agreement and Road Maintenance Agreement is required for offsite
improvements at this site. Road maintenance including dust control,damage repair,specified
haul routes and future triggers for improvements will be included. (Department of Planning
Services- Engineer)
C. The applicant shall submit written evidence of a commercial well to Weld County Department
of Public Health and Environment. (Department of Public Health and Environment)
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 4
D. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan
shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number).
4. Solids and sediment will accumulate in the storage tanks. The waste handling plan
shall include a detailed plan that describes the method of how those solids will be
removed, including all on-site handling procedures.
5. The waste handling plan shall provide a commitment to notify the Weld County
Department of Public Health and Environment in writing, in the event the plan is
amended. The plan shall be reviewed and approved by the Weld County
Department of Public Health and Environment. (Department of Public Health and
Environment)
E. The applicant shall submit a Groundwater Monitoring Plan, and the Groundwater Monitoring
Plan shall be approved by Weld County Department of Health and Environment. Evidence of
such shall be submitted, it writing, to the Department of Planning Services. (Department of
Public Health and Environment)
F. The applicant shall submit a Floodplain Development Permit (FHDP) for all development
activities located within the special flood hazard area. The FEMA definition of development is
any man-made change to improved or unimproved real estate, including by 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
G. The applicant shall attempt to address the concerns of the Town of Keenesburg as stipulated
in their referral dated February 6, 2015. (Department of Planning Services)
H. The applicant shall attempt to address the concerns of the Town of Hudson as stated in their
referral dated January 14, 2015. (Department of Planning Services)
The applicant shall submit two (2) paper copies of the Map or one electronic copy(.pdf)of
the same for preliminary approval to the Weld County Department of Planning Services.
(Department of Planning Services)
2. Upon completion of Condition of Approval No.1.above,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 Department of Planning Services' Staff. The
Map shall be prepared in accordance with the requirements of Section 23-2-26O.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. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .eOO.
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 5
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsaco.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the Map not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners approval was signed a$50.00 recording continuance charge may be added for each
additional 3 month period. (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. The facility shall post financial assurance with the COGCC. The financial assurance shall be
adequate to cover a third-party closure of the facility, including the plugging and
abandonment of the well, in accordance with industry standards, and the removal of all
structures(including concrete)on the facility. The site shall be returned to its original grade.
The facility shall submit evidence to Weld County Department of Public Health and
Environment that the appropriate financial assurance has been obtained. (Department of
Public Health and Environment)
B. Detailed Plans for a concrete unloading pad shall be submitted for acceptance. A leak
detection system shall be designed and installed beneath the concrete unloading pad(s)and
sump(s). The plans and engineered drawings will be stamped and signed by a Colorado
Registered Professional Engineer(PE). Plans shall be submitted to and accepted by Weld
County Department of Public Health and Environment. (Department of Public Health and
Environment)
C. Detailed plans for the concrete secondary containment structure for all storage and
processing tanks shall be submitted for acceptance. Secondary containment volume shall
provide containment for the entire contents of the largest single tank plus sufficient freeboard
to allow for precipitation. The plans and engineered drawings will be stamped and signed by
a Colorado Registered PE. The Weld County Department of Public Health and Environment
will consider structures other than concrete, provided a Colorado Registered PE provides a
certification indicating that the proposed alternate containment system meets, or exceeds,
the function of a concrete system with regard to containment,spills,and unintended releases.
Plans shall be submitted to and accepted by Weld County Department of Public Health and
Environment. (Department of Public Health and Environment)
6. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. Contact the Planning Department for application information.
(Department of Planning Services- Engineer)
B. Right of way permit is required for any work within the public right of way. (Department of
Planning Services)
C. Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services)
7. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system (OWTS)is required for the proposed facility and shall
be installed according to the Weld County OWTS Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according to the Weld
County Onsite Wastewater Treatment System Regulations. (Department of Public Health and
Environment)
8. Prior to Operation:
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 6
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)
9. One (1) month prior to the operation of the Recycling Facility:
A. The applicant shall provide evidence of a Recycling Facility Registration and a CDPHE-
approved design and operations plan. (Department of Public Health and Environment)
10. One (1) month prior to the operation of the Truck Washout Facility
A. In the event vehicle or equipment washing will occur on site, the applicant shall submit
documentation to demonstrate that washing area(s) shall capture all effluent and prevent
discharges. (Department of Public Health and Environment)
11. Within six (6) months of Operation:
A. A Professional Engineer(PE) certified and signed copy of the Spill Prevention, Control and
Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part
112 shall be provided to Environmental Health Services Division of the Weld County
Department of Public Health and Environment. (Department of Public Health and
Environment)
B. The applicant shall submit documentation to the Weld County Department of Public Health
and Environment that the facility was constructed in accordance with the application
materials. (Department of Public Health and Environment)
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NGL Water Solutions DJ, LP, C-5 Facility
USR14-0085
1. The Site Specific Development Plan and Special Review Permit, USR14-0085, for Mineral
Resource Development Facilities, Oil and Gas Support and Service(Class II Oilfield Waste
Disposal Facility - Saltwater Injection Facility and a temporary tank area) in the A
(Agricultural)Zone District,as indicated in the application materials on file and 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. 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. (Department of Public Health and
Environment)
4. 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. (Department of Public Health and
Environment)
5. All liquid wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in
accordance with the approved design. The unloading pad shall be cleaned at a frequency
that prevents oils and other wastes from building up on the pad. During winter months, the
facility shall maintain the unlading pad free of ice. (Department of Public Health and
Environment)
6. 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.(Department of
Public Health and Environment)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Department of Public Health
and Environment)
8. 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., as amended. (Department of Public
Health and Environment)
9. Any contaminated soils on the facility shall be removed and disposed of in accordance with
applicable rules and regulations.All spills will be documented and records will be kept onsite
for WCDPHE review upon request. All spills will be reported to local, state and federal
agencies in accordance with all state and federal regulations. (Department of Public Health
and Environment)
10. The facility shall comply with the approved Groundwater Monitoring Plan. (Department of
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 8
Public Health and Environment)
11. Temporary tanks will be onsite no longer than six months. All tanks, including temporary
tanks will be labeled in accordance with COGCC and NFPA requirements. (Department of
Public Health and Environment)
12. 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. (Department of Public Health and
Environment)
13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
The facility shall operate in accordance with the approved"waste handling plan",at all times.
(Department of Public Health and Environment)
14. Any vehicle or equipment washing areas shall be maintained to capture all effluent and
prevent discharges in accordance with all county, state and federal rules and regulations.
(Department of Public Health and Environment)
15. Should recycling occur at the facility, the facility shall operate in accordance with their
CDPHE-approved design and operations plan.A copy of the annual Recycling Facility Annual
Reporting Form shall be submitted to WCDPHE by March 1 of each year. (Department of
Public Health and Environment)
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall operate in accordance with the approved "dust abatement plan", at all times.
(Department of Public Health and Environment)
17. This facility shall adhere to the maximum permissible noise levels allowed in the non-
specified Zone as delineated in Section 14-9-30 of the Weld County Code, or with all
applicable State noise statutes and/or regulations. (Department of Public Health and
Environment)
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. If employees or contractors are on site for less than 2
consecutive hours a day or less than 2 fulltime employees are onsite, 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. (Department of Public Health and
Environment)
19. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to On-site
Wastewater Treatment Systems. (Department of Public Health and Environment)
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The facility shall utilize the private water supply. (Department of Public Health and
Environment)
21. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 9
(HAPs)and volatile organic compounds (VOCs).All chemicals must be stored securely, on
an impervious surface, and in accordance with manufacturer's recommendations.
(Department of Public Health and Environment)
22. Weld County Department of Public Health and Environment 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. Upon closure. the facility
will conduct a soil and groundwater assessment and will conduct remediation activities, as
necessary. 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 Weld County Department of
Public Health and Environment. (Department of Public Health and Environment)
23. A current professional engineer(PE)certified and signed copy Spill Prevention,Control and
Countermeasure Plan shall be available on site, at all times. (Department of Public Health
and Environment)
24. 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)
25. All construction or improvements occurring in the floodplain or floodway as delineated on
Federal Emergency Management Agency(FEMA) FIRM Community Panel Map#080266-
0900C dated September 28, 1982, shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as described in Rules and
Regulations for Regulatory Flood plains in Colorado,and FEMA regulations and requirements
as described in 44 CFR parts 59, 60, and 65. (Department of Planning Services —
Floodplain)
26. The property owner or operator shall provide written evidence of an 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)
27. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. 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)
28. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
(Department of Planning Services- Engineer)
29. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services- Engineer)
30. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services- Engineer)
31. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized. (Department of Planning Services- Engineer)
32. Hours of operation are twenty-four(24)hours each day,seven (7)days per week—365 days
per year. (Department of Planning Services)
33. Buildings, equipment and structures shall conform to the requirements of the various codes
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 10
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2012 International Building Code; 2012 International Mechanical Code; 2012
International Plumbing Code: 2006 International Energy Code; 2012 International Fuel Gas
Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of
the Weld County Code. (Department of Building Inspection)
34. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County-wide Road Impact Fee Program and the County Facility Fee and Drainage Impact
Fee Program. (Department of Planning Services)
35. 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)
36. 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)
37. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
(Department of Planning Services)
38. WELD COUNTY'S RIGHT TO FARM: 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 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
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 11
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, sand burs, 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.
USR14-0085, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 12
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970)304-6498
r �
February 10, 2015
LOPEZ TED
2861 W 120TH AVE STE 250
WESTMINSTER, CO 80234
Subject: USR14-0085 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE
(CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY, WATER
RECYCLING A TRUCK TANKER WASHOUT FACILITY AND HAVE A TEMPORARY TANK AREA) IN
THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PART SW4 SECTION 29, T2N, R64W LOT B REC EXEMPT RE-3520 of the 6th P.M., Weld County,
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 3, 2015, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on March 25, 2015 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 weldcountyplanningcases org
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed hioioef I�ndem
docu
F2ason:I am the author of thisdocument
Date:2015.02.10 08:44:37-07'00'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
i ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
iri_� E-MAIL: kogle@co.weld.co.us
!. PHONE: (970)353-6100, Ext. 3549
ti ' FAX: (970)304-6498
January 05, 2015
LOPEZ TED
2861 W 120TH AVE STE 250
WESTMINSTER, CO 80234
Subject: USR14-0085 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE
(CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A
(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PART SW4 SECTION 29, T2N, R64W LOT B REC EXEMPT RE-3520 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 Commission(s)for their review and comments:
Hudson at Phone Number 303-536-9311
Keenesburg at Phone Number 303-732-4281
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Oy:e
Planner
From: Jennifer Petrik
To: Kim Ogle
Cc: Janet Lundquist; Michelle Martin
Subject: FW:USR14-0085 CS injection well
Date: Friday,March 06,2015 9:28:08 AM
Attachments: imagc007.ono
Kim,
During the Planning Commission hearing the planning commissioners asked about CDO l's response to the
traffic and turning movements around the acute angles for trucks coming to and from CR49 to the site.
Specifically at CR49 and the 176 Frontage Rd and CR51 and the 176 Frontage Rd.
CDOT provided comments below. In addition to CDOTs request, Engineering would like the traffic engineer to
address the planning commissioners question on turning movements at the acute angles.
Thank you,
-Jen
Jennifer Petrik, V.E., CFM
Weld County
Development Review Engineer
1535 N 17th Ave
Greeley, CO 80631
jpetrik(a7weldoov.com
PHONF: 19701 353-6100 x 3557
FAX: (970) 304-6498
. inf0
l.. !j r!
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by
anyone other than the named recipient is strictly prohibited.
From: Hice-Idler, Gloria [mailto:gloria.hice-idler@state.co.us]
Sent: Thursday, March 05, 2015 9:58 AM
To: Jennifer Petrik
Cc: Kim Ogle
Subject: Re: USR14-0085 C5 injection well
The traffic impact study does not address the impacts of the proposed traffic at the intersection of the
1-76 frontage road and WCR 51. Also, the study doesn't address the passenger car equivalents. If the
trucks are converted 3:I, warrants for highway improvements may be met.
The permittee should be required to address the intersection volumes.
Gloria Hice-Idler
Region 4 Permits Manager
Region 4 Permits Unit - Traffic
Ii
P 970.350.2148 I C 970.381.2475 I F 970.350.2198
1420 2nd Street, Greeley, CO 80631
gloria.hice-idler®state.co.us I www.coloradodot.info I www.cotrip.org
Iiiiii
On Wed, Mar 4, 2015 at 10:11 AM, Jennifer Petrik <lpetrilkcuco.weld.co.us> wrote:
Good morning Gloria,
Would you mind taking a look at this project. 1 didn't see a response from CDOT. During the PC
hearing one of the planning commissioners asked about CDOT comments on the 1-76 frontage road
and the acute angles that the trucks would be navigating. There was a traffic letter provided by John
Aldridge that is on accela.
JG 1w !tu ItI WGR 18
I ADT '
10Pg;2 r
turning move rent for ducks -
a accute angles
I _ - -
L - -
y `
( AD 731
2013
I ADT. 01; ADT 06
1217+'2012 �� 12(7(2012
,6 ;,GR16
ADT 363
rn 8/11/2011
i � l I .l
thank you,
Jcn
Jerreifer Petrik. P.C.. O1114
Weld County
Development Rcy icy,/Engineer
1555 N 17th Ace
Greeley,CO 80631
jpetri 1<icaWeldeocmm
PHO\I':: (970) 353-6100,, 3552
FAX: (970)304-6498
1561
�.,
Lrr � .
CO- `-
Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
FIELD CHECK- USR14-0085 Inspection Date: FEBRUARY 16, 2015
Applicant: NGL Water Solutions DJ, LLC, 3773 Cherry Creek North Drive, Denver, CO 80209
Representative: Ted Lopez, M3 Construction, 2861 W 120th Avenue, Suite 250, Westminster, CO
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste
Disposal Facility - Saltwater Injection Facility, Water Recycling, a Truck Tanker
Washout Facility and a temporary tank storage area with containment) in the A
(Agricultural) Zone District
Legal
Description: Lot B, RE-3520 being part of the SW4 of Section 29, Township 2 North, Range 64
West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 51; North of and adjacent to County Road 16
Parcel Number: 1305-29-3-00-028 Size of Parcel: 108.190 acres +/-
Zoning Land Use
N AGRICULTURE N IRRIGATED AGRICULTURAL LANDS WITH
OIL & GAS ENCUMBRANCES
E AGRICULTURE E IRRIGATED AGRICULTURE LANDS WITH
LIMITED RESIDENTIAL DEVELOPMENT
S AGRICULTURE S RANGELAND/ PASTURELAND WITH OIL &
GAS ENCUMBRANCES
W AGRICULTURE W RURAL RESIDENTIAL WITH OIL & GAS
ENCUMBRANCES
Comments:
The site is bordered by agricultural uses, predominately center pivot sprinklers and flood irrigated fields
with sparsely populated residential development. There are two residences in the general area with the
nearest residence directly west of the property, and the second residence adjacent to the property at the
southeast corner of the parcel. Oil and gas facilities are existing encumbrances on this parcel and
adjacent properties. The mainline for the BNSF RR is to the north of the property. County Road 51
flanks the site to the west and the railroad crossing has established lights and drop down arms to regulate
traffic when a train is approaching.
The proposed facility will be sited within a 16 acre improved area on a 111 acre parcel. There are limited
oil and gas encumbrances located on site and to the north property line is a 230 kV Transmission Line on
metal standards that bisects the property.
Siggature
❑ Access to Property ❑ Site Distance ❑ Oil &Gas Structures
❑ Overhead Transmission Line
Note any commercial business/commercial vehicles that are operating from the site - None
Hello