HomeMy WebLinkAbout20150760.tiff li �l r LAND USE APPLICATION
SUMMARY SHEET
G Q L N Y_
Planner: Kim Ogle
Case Hearing Date: March 3, 2015
Number: USR14-0081
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, Mobile Solids Processing Facility and a temporary tank storage area
with containment) in the A(Agricultural) Zone District
Legal
Description: S2 SE4 of Section 30, Township 3 North, Range 65 West of the 6th P.M., Weld
County, Colorado
Location: West of and adjacent to County Road 39; approximately 2 miles south of County
Road 32
Parcel Number: 1213-30-4-00-017 Size of Parcel: 80.00 acres +/-
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:
Platteville Fire Protection District, referral dated January 14, 2015
Weld County Planning— Engineer, referral dated February 3, 2015
Kerr McGee OnShore, LP, referral dated February 6, 2015
Weld County Department of Public Health and Environment, referral dated February 10, 2015
The Department of Planning Services' has received responses from the following agencies without
comments:
USR14-0081, NGL WATER SOLUTIONS DJ- Salt Water Injection Well, page 1
Weld County Code Compliance, referral dated January 14, 2015
: State of Colorado, Division of Water Resources, referral dated January 26, 2015
Weld County Department of Public Works—Access, referral dated February 3, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Schools RE-1
Weld County Sheriff's Office
Office of Emergency Management
Colorado Division of Parks and Wildlife
Platte Valley Weld Soil Conservation District
Weld County Department of Building Inspection
Colorado Oil and Gas Conservation Commission
Colorado Department of Public Health & Environment
Narrative:
The proposed disposal facility will accept Class II Brinewater from oil field operations, Water Recycling, a
Truck Tanker Washout Facility, Mobile Solids Processing 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 thirty (30) employees, working three (3) shifts 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, two solids processing buildings, a solids
holding building, additional solids processing facility containment and brinewater containment. There will
be a tank farm within a concrete containment area, a temporary tank area, a concrete offload pad. The
siting and access of the facility is off of County Road 39 to the west.
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.
USR14-0081, NGL WATER SOLUTIONS DJ- Salt Water Injection Well, page 2
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.
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 solids processing 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; the surrounding
properties are primarily rangeland and grazing lands with sparsely located single family
homes. There are five property owners and two residences in the general area with the
nearest occupied residence approximately 1500 feet to the North of the improvements
associated with the facility, and the second unoccupied residence located southeast of
the improvements associated with the facility. Oil and gas facilities are existing
encumbrances on this parcel and adjacent properties with the surrounding land form in
native vegetation. 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 not located within the 3-mile referral for a municipality.
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, Floodplain or Airport Overlay District. 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 an 80 acre parcel of land and the facility's footprint will be
approximately ten acres in area. The land not associated will remain in dryland grasses.
USR14-0081, NGL WATER SOLUTIONS DJ- Salt Water Injection Well, page 2
The soils are predominately designated as "Other" 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.
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 USR14-0081. (Department of Planning
Services)
2. The USR Map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. County Road 39 is a paved road and is designated on the Weld County Road
Classification Plan as a Collector road, which requires 80 feet of right-of-way at full
buildout. The applicant shall verify and delineate on the plat the future and existing right-
of-way and the documents creating the existing right-of-way. If the existing right of way
cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of
future right-of-way. This road is maintained by Weld County. (Department of Planning
Services - Engineer)
5. County Road 28 is unmaintained section line right of way. The applicant shall verify and
delineate on the map the existing right-of-way and the documents creating the right-of-
way. All setbacks shall be measured from the edge of right-of-way. This road is not
maintained by Weld County. (Department of Planning Services - Engineer)
6. Show the approved access on the map and label with the approved access permit
number(AP14-00273) (Department of Planning Services - Engineer)
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, sixty (60) foot turning radii, and parking and
circulation on the map. (Department of Planning Services— Engineer)
USR14-0081, NGL WATER SOLUTIONS DJ- Salt Water Injection Well, page 3
10. The applicant shall indicate specifically on the plat any right of way and/or easements
and indicate whether they are dedicated, private, or deeded and label with recorded
document, book and page and/or reception number to provide adequate access to the
parcel. (Department of Planning Services- Engineer)
11. The applicant shall complete a Nonexclusive License Agreement for the upgrade and
maintenance of Weld County Right-of-Way. (Department of Planning Services -
Engineer)
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. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle
washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Vehicle washing areas should be designated on the plat.
(Department of Public Health and Environment)
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 attempt to address the concerns of Kerr-McGee Oil & Gas OnShore, LP as
stated in their referral dated February 6, 2015. (Department of Planning Services)
F. The applicant shall attempt to address the concerns of the Platteville-Gilcrest Fire Protection
District as stated in their referral dated January 14, 2015. (Department of Planning Services)
G. 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 23-2-260.D of the Weld County Code. The
Mylar Map and additional requirements shall be submitted within one hundred twenty (120) days from the
USR14-0081. NGL WATER SOLUTIONS DJ- Salt Water Injection Well, page 4
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 .e00. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsCD.co.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. A leak detection system shall be designed and installed beneath the concrete unloading pad(s),
piping, 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. Evidence of such shall be submitted,
it writing, to the Department of Planning Services. (Department of Public Health and Environment)
B. 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 Department of Planning Services - Engineer for application
information. (Department of Planning Services - Engineer)
7. Prior to the issuance of the Certificate of Occupancy:
A. In the event the applicant intends to utilize the existing septic system, the septic system shall be
reviewed by a Colorado registered professional engineer. The review shall consist of observation
of the system and a technical review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Health Services Division of
the Weld County Department of Public Health and Environment. In the event the system is found
to be inadequately sized or constructed, the system shall be brought into compliance with current
regulations. Alternately, a new septic system may be installed for business use. (Department of
Public Health and Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection
Well permit from the Environmental Protection Agency(EPA)for any large-capacity septic system
(a septic system with the capacity to serve 20 or more persons per day). Alternately,the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (Department of Public Health and Environment)
USR14-0081. NGL WATER SOLUTIONS DJ- Salt Water Injection Well, page 5
8. 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 of acceptance to the Department of Planning Services. (Department of Planning
Services)
9. Within six (6) months of Operation:
A. 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)
USR14-0081. NGL WATER SOLUTIONS DJ- Salt Water Injection Well, page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NGL Water Solutions DJ, LP, C-6 Facility
USR14-0081
1. A Site Specific Development Plan and Special Review Permit, USR14-0081, 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, Mobile Solids Processing
Facility and a temporary tank storage area with containment) 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.
4. 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.
5. 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.
6. 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.
7. 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 or those wastes outlined in the approved EDOP.
8. Any stained or 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)
9. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
10. 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)
11. The facility shall comply with the approved Groundwater Monitoring Plan. Groundwater monitoring and
leak detection results will be reported to WCDPHE in accordance with the Groundwater Monitoring Plan
reporting. (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
USR14-0081. NGL WATER SOLUTIONS DJ- Salt Water Injection Well, page 7
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 or amended
and implemented. All contaminated solids shall be covered and stored on an impervious surface to
prevent and contain storm water that may come into contact with the solids. The Stormwater 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. Laboratory wastes will not
be disposed of in the facility's septic system. The facility shall operate in accordance with the approved
"waste handling plan", at all times. (Department of Public Health and Environment)
14. Should recycling occur at the facility, the facility shall operate in accordance with their CDPHE-approved
design and operations plan(s). The facility shall recycle at least 75% of the total waste weight or volume
processed at the solids processing facility and water treatment and conditioning (recycling) facility. Should
the facility not recycle 75% of the material, an amendment to this Use by Special Review Permit or a
Certificate of Designation may be required. A copy of the annual Recycling Facility Annual Reporting
Form shall be submitted to the CDPHE and WCDPHE by March 1 of each year. (Department of Public
Health and Environment)
15. 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. 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 WCDPHE. (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 (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)
USR14-0081. NGL WATER SOLUTIONS DJ- Salt Water Injection Well, page 8
22. A current professional engineer-certified and signed Spill Prevention, Control and Countermeasure Plan
copy shall be available on site, at all times. (Department of Public Health and Environment)
23. 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)
24. 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)
25. 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)
26. 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)
27. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services- Engineer)
28. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
29. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
30. Prior to the drilling of the second well a revised traffic study shall be submitted to the Department of
Public Works to determine if roadway improvement triggers have been met. (Department of Public Works
—Traffic)
31. Hours of operation are twenty-four (24) hours each day, seven (7) days per week — 365 days per year.
(Department of Planning Services)
32. Buildings, equipment and structures shall conform to the requirements of the various codes 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)
33. 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)
34. 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)
35. 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
USR14-0081. NGL WATER SOLUTIONS DJ- Salt Water Injection Well, page 9
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)
36. 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)
37. 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 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.
USR14-0081, NGL WATER SOLUTIONS DJ- Salt Water Injection Well,page 10
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
11864 BRADBURN BLVD
WESTMINSTER, CO 80031
Subject: USR14-0081 - AN AMENDMENT TO MUSR11-0004 TO INCLUDE 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, MOBILE SOLIDS PROCESSING FACILITY AND A TEMPORARY
TANK STORAGE AREA WITH CONTAINMENT) IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
S2SE4 SECTION 30, T3N, R65W of the 6th P.M., Weld County, Colorado.
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.orq
If you have any questions concerning this matter, please call.
Respectfully,
DRiasony signed amthe uthiorioeFanslem
isdoc
Fuson:I am the author of thisdocument
Date:2015.02.10 09:19:54-07'00'
Kim Ogle
Planner
h N DEPARTMENT OF PLANNING SERVICES
i fi 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
!. PHONE: (970)353-6100, Ext. 3549
S' ? FAX: (970)304-6498
January 13, 2015
TED LOPEZ
11864 BRADBURN BLVD
WESTMINSTER, CO 80031
Subject: USR14-0081 - AMEND MUSR11-0004 TO INCLUDE A SOLIDS PROCESSING FACILITY TO
AN EXISTING OIL AND GAS SUPPORT AND SERVICE FACILITY (CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY, A WATER RECYCLING FACILITY AND
THE ADDITION OF A SOLIDS PROCESSING FACILITY), OPERATING 24 HOURS A DAY 7 DAYS A
WEEK WITH UNLIMITED TRUCK VEHICLE TRIPS
On parcel(s)of land described as:
PART S2SE4 SECTION 30, T3N, R65W LOT A REC EXEMPT RE-4612 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.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Fuson:I am the author of thisdocument
Date:2015.01.13 13:55:40-07'00'
Kim Ogle
Planner
FIELD CHECK- USR14-0081 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 1201h 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, Mobile Solids Processing Facility and a temporary tank storage area
with containment) in the A (Agricultural) Zone District
Legal
Description: S2 SE4 of Section 30, Township 3 North, Range 65 West of the 6th P.M., Weld County,
Colorado
Location: West of and adjacent to County Road 39; approximately 2 miles south of County Road
32
Parcel Number: 1213-30-4-00-017 Size of Parcel: 80.00 acres +/-
Zoning Land Use
N AGRICULTURE N RANGELAND/ PASTURELAND,
RESIDENTIAL WITH OIL & GAS
ENCUMBRANCES
E AGRICULTURE E RANGELAND/ PASTURELAND WITH OIL &
GAS ENCUMBRANCES
S AGRICULTURE S RANGELAND/ PASTURELAND WITH OIL &
GAS ENCUMBRANCES
W AGRICULTURE W RANGELAND/ PASTURELAND WITH OIL &
GAS ENCUMBRANCES
Comments:
The site is bordered by agricultural uses; the surrounding properties are primarily rangeland and grazing
lands with sparsely located single family homes. There are five property owners and two residences in
the general area with the nearest occupied residence approximately 1500 feet to the North of the
improvements associated with the facility, and the second unoccupied residence located southeast of the
improvements associated with the facility. Oil and gas facilities are existing encumbrances on this parcel
and adjacent properties with the surrounding land form in native vegetation.
The Facility exists and the new component is to add additional tank farm storage areas, and a mobile
solids processing component. The site has a single access off of CR 39 a paved road. Internal
circulation is to enter the property heading west, circle around the office building to the offload pad and
exit heading east.
Currently there are multiple conex containers located on premises, north of the existing facility. A drill rig
operated by Ensign is onsite conducting activity west of the facility.
Signte
❑ Access to Property o Site Distance ❑ Oil & Gas Structures
Note any commercial business/commercial vehicles that are operating from the site
Hello