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Home My WebLink About20151083.tiff HEARING CERTIFICATION DOCKET NO. 2015-31 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0007, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY AND A TANK STORAGE AREA WITH CONTAINMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - 70 RANCH, LLC, C/O NGL WATER SOLUTIONS DJ, LLC A public hearing was conducted on April 22, 2015, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Steve Moreno - EXCUSED Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Brad Yatabe Planning Services Department representative, Kim Ogle Planning Services Engineer representative, Wayne Howard Health Department representative, Heather Barbare The following business was transacted: el I hereby certify that pursuant to a notice dated March 20, 2015, and duly published March 25, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of 70 Ranch, LLC, do NGL Water Solutions DJ, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0007, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — saltwater injection facility and a temporary tank storage area with containment) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. Chair Kirkmeyer advised Doug White, representing the applicant, that, since Commissioner Moreno was not able to be present, he had the option of continuing this matter to a date with the full Board present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Moreno will listen to the record and make the determining vote. Mr. White indicated he would like to proceed. El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and stated the property is located on the 70 Ranch, is not within the three (3) mile referral area of any municipality or intergovernmental or coordinated planning agreement area, and is not in a recognized overlay district including geologic hazard, floodplain or airport overlay. Mr. Ogle stated both facilities are located on a 34.9-acre lease hold portion of land under a Subdivision Exemption for oil and gas support and service, and the site is bordered by lands with limited CV W I...) 512.tc 2015-1083 PL2338 HEARING CERTIFICATION - 70 RANCH, LLC, C/O NGL WATER SOLUTIONS DJ, LLC (USR15-0007) PAGE 2 agricultural uses and sparcely populated residential developments, with the nearest resident being one mile from the site. Staff received no letters, calls or concerns, regarding the proposal; however, staff did speak to a surrounding property owner prior to the receipt of the application who expressed concerns regarding the possible impacts to the groundwater, irrigation, aquifer, and potential for increased truck traffic. He stated the hours of operation, number of employees, and projected truck trips, described the various buildings on the site and mentioned a sign will be posted for identification to assist emergency services. He further stated there were 15 referrals sent out resulting in five responses with no comments and three responses which included comments that were included in either the Conditions of Approval or the Development Standards for mitigation purposes. He entered the favorable recommendation of the Planning Commission into the record as written and displayed a PowerPoint of the location and surrounding properties. e Wayne Howard, Department of Planning Services Engineer, provided a brief overview of the transportation plans and requirements, stating the project is north of County Road (CR) 69 and a new access permit has been applied for to enable access from CR 388 just east of CR 61. Mr. Howard further provided the average daily traffic counts and stated the applicant is requesting up to 160 round trip truck trips per day with ten employees split between two shifts. He communicated an access permit has been granted, AP#15-00054, and further conveyed other permits and requirements as recommended to include tracking control, road improvements agreement, drainage narrative, and the early release of Grading Permit, GRD#150034. El Heather Barbare, Department of Public Health and Environment, reviewed the water and sewer provisions and stated the applicant has provided evidence of an Air Pollution Emmission Notice to the Air Pollution Control Division, financial assurance, and the approved Dust Abatement plan. She reviewed the relevant requirements and permits regarding the proposed vehicle washing area, the tank storage area, the commercial well for drinking water, and pointed out both the Waste Handling Plan and Groundwater Monitoring Plan require some revisions prior to approval. Ms. Barbare stated the specific items to be completed prior to the release of building permits, and further stated the applicant is proposing to permit and install a septic system for the facility, and she listed the Development Standards relevant to the case. Doug White, NGL, stated this is a basic saltwater disposal facility located on the very protective and detailed 70 Ranch property through a lease agreement as stated before, which is why it will not include a truck washout and/or recyling facility. He clarified the purpose of this facility is to eliminate 90% of the truck traffic coming to and leaving the ranch because the proposed operation will enable the trucks to remain on 70 Ranch accomodating Bill Barrett, Bonanza Creek, and Noble. He also mentioned the future plan to pipe water to the facility and in response to Commissioner Cozad, Mr. White clarifed he will be requesting the same parameters, as the prior case, regarding temporary facilitiy operation. El No public testimony was offered concerning this matter. la In response to Chair Kirkmeyer, Mr. White indicated NGL had some questions and recommendations for changes to the Conditions of Approval (COA) and Development 2015-1083 PL2338 HEARING CERTIFICATION - 70 RANCH, LLC, C/O NGL WATER SOLUTIONS DJ, LLC (USR15-0007) PAGE 3 Standards (DS). He began by asking Ms. Barbare for clarification regarding where COA #1.A.7 was in the process to which Ms. Barbare replied this item must be designated on the USR map prior to recording the map. Mr. White requested a new DS allowing up to six months of temporary operation prior to the completion of the permanent facility, and requested that COA #5.A and #5.B be moved to #7.8 and #7.C; DS #9 needs the third sentence deleted; DS #29 would be the new DS mentioned regarding temporary operation; delete the word temporary anywhere that it references tanks throughout the document; and lastly, change the wording on COA #1.D and #1.E to reflect the plans being submitted to the relevant departments for review only and approved by the Board of County Commissioners. le Chair Kirkmeyer began with reviewing the applicant's requests and, upon concurrance of the Board regarding those revisions, moved on to the Board's additional suggestions to include COA #1.F being deleted, and DS #15 amended to reflect compliance with the Weld County Code instead of the State. In response to Commissioner Freeman, Mr. White stated the facility should be up and running within six months. The Board agreed with all the changes. In response to Chair Kirkmeyer, Mr. White, indicated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. le Commissioner Conway moved to approve the request of 70 Ranch, LLC, do NGL Water Solutions DJ, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0007, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — saltwater injection facility and a tank storage area with containment) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended and entered into the record. The motion was seconded by Commissioner Cozad. Chair Kirkmeyer verified the direction with staff regarding the temporary operation approval, and staff concurred. Commissioner Conway stated the project is exciting because it will eventually reduce truck traffic significantly and mitigate the neighbor's concerns and he is in support of this proposal. It carried unanimously. (Clerk's Note: at 1:12 p.m., the audio to follow references the prior hearing with the same applicant and reflects the same changes as herein.) el Chair Kirkmeyer requested the Board consider reopening the prior hearing regarding USR15-0006 to remove the word "temporary" in relation to tank storage, per the applicant request, and keeping with the integrity of the intent of the proposal. El Commissioner Cozad made a motion to reconsider the approval of the Resolution for the Site Specific Development Plan and Use by Special Review, USR15-0006, and it was seconded by Commissioner Freeman. The motion carried unanimously. Chair Kirkmeyer suggested the removal of the word "temporary" in relation to tank storage. Mr. White agreed and accepted this change. 2015-1083 PL2338 HEARING CERTIFICATION - 70 RANCH, LLC, C/O NGL WATER SOLUTIONS DJ, LLC (USR15-0007) PAGE 4 Fi Commissioner Freeman moved to amend the Resolution of USR15-0006, by removing the word "temporary" in relation to tank storage throughout the document. Commissioner Cozad seconded the motion. It carried unanimously. CI Commissioner Cozad moved to approve the amended, amended Resolution as discussed, and it was seconded by Commissioner Freeman. Chair Kirkmeyer verified the changes for the applicant and the staff. The motion carried unanimously. There being no further discussion, the hearing was adjourned at 1:15 p.m. This Certification was approved on the 27th day of April, 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST: ditAvo ,,,./ ;e g,(�/,c/[,CI Aili1�4/ � gar ara Kirkmeyer Chair Weld County Clerk to the Board . Mike Freeman, Pro-Tem BY: De.0 v Clerk tot - Boar f/ Y 4 ..a �. an P. C.nway lie A. Cozad EXCUSED Steve Moreno 2015-1083 PL2338 : , • { / \ \ f / d / 2 « « ? \ w 4 / / \ R ) r kr w / ' ; ` \ \ / % \ \ 7 C \ - 2 ` ~ ) ! E < / / / ' © a \ \ \ 9 e / K q \ \ m G \ - I \ / / : / / \ \ / 2 / \ \ \ \ 3 \ \ , K4. \? [ 7 \ \ \ \ ) 2 i \ _ » 1- ' p \ » : \ ' � � / � \ /ti § � 1 _ _ \ / c-3 - y < 4 � k \ \ ' e a v \ \ \ ^ 2 ~ « - } / \ \ 2 \ \ \ \ 2 _ / i \ \ / � ; 2 e < % « 7 ' t6 + / / \ \ 6 \ / \ : \ / \ § • 2 \ « / 1 %- Z ) \a ----. z / \ di / \' 2 « ° 5 % & - ` \ » 2 2 !.11 } � \ ' ' k / / («Z-- J / �- ' Hello