HomeMy WebLinkAbout20150743.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER USR14-0085
APPLICANT. NGL WATER SOLUTIONS DJ, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT
AND SERVICE(CLASS it 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
LEGAL DESCRIPTION LOT B REC EXEMPT RE-3520; BEING PART SW4 SECTION 29,T2N, R64W OF
THE 6TH P.M ,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 51; NORTH OF AND ADJACENT TO CR 16
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-4-140.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 22-4-140.8. 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.
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)
EXHIBIT 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.
;sic- 03- 13
RESOLUTION USR14-0085
NGL WATER SOLUTIONS DJ, LLC
PAGE 2
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 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.
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 onlo 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, 1 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."
RESOLUTION USR14-0085
NGL WATER SOLUTIONS DJ, LLC
PAGE 3
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.
The Planning Commission 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 23-2-260.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
RESOLUTION USR14-0085
NGL WATER SOLUTIONS DJ, LLC
PAGE 4
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)
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)
RESOLUTION USR14-0085
NGL WATER SOLUTIONS DJ, LLC
PAGE 5
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 23-2-260.D of the Weld County
Code. The Mylar Map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. 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 mapstu'�.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. 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)
RESOLUTION USR14-0085
NGL WATER SOLUTIONS DJ, LLC
PAGE 6
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:
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)
RESOLUTION USR14-0085
NGL WATER SOLUTIONS DJ, LLC
PAGE 7
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)
Motion seconded by Michael Wailes.
VOTE:
For Passage Against Passage Absent •
Benjamin Hansford
Bruce Johnson
Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 3, 2015.
Dated the 3rd of March, 2015.
Digitally Signed by Kristine Ranslem
y,a.IV16iYl,
Date:2015.03.06 11:07:52-07'00'
Kristine Ranslem
Secretary
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 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)
RESOLUTION USR14-0085
NGL WATER SOLUTIONS DJ, LLC
PAGE 9
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(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)
RESOLUTION USR14-0085
NGL WATER SOLUTIONS DJ, LLC
PAGE 10
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 Floodplains
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 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)
RESOLUTION USR14-0085
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PAGE 11
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
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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 3, 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Kim Ogle, Steve Elkins, and Tom Perko, Department of Planning Services; Jennifer Petrik,
Department of Planning Services —Engineering Division; Lauren Light and Heather Barbare, Department
of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 17, 2015 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR14-0085
APPLICANT: NGL WATER SOLUTIONS DJ, LLC
PLANNER: KIM OGLE
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 AREA) IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE-3520; BEING PART SW4 SECTION 29, T2N, R64W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 51; NORTH OF AND ADJACENT TO CR 16.
Kim Ogle, Planning Services, presented Case USR14-0085, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Commissioner Sparrow noted that he serves on the Keenesburg Planning Commission; however this was
not discussed at any meetings nor did he have any knowledge of this project. Mr Jemiola asked if he
thought he could be fair and impartial to this case. Mr. Sparrow said that he feels he can fair and
impartial. Commissioner Johnson asked if any conversation here might influence any future activities in
Keenesburg. Mr. Sparrow said that with the County handling this case he doesn't think there would be
anything that might jeopardize or influence that. The Planning Commissioners did not have any problems
with Mr. Sparrow hearing this case.
Commissioner Maxey noted that he did not perform a site visit; however this is on his daily route to work.
Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Commissioner Maxey asked if there are any concerns with those acute angles for turning onto the
frontage road as well as onto County Road 51. Ms. Petrik said that the referral from the Weld County
Traffic Engineer does not mention those concerns. The typical turning radius for tractor-trailers is 60 feet.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Doug White, NGL Water Solutions DJ LLC, 8207 W 120`" Street, Greeley, Colorado, stated that originally
they proposed two (2) injection wells at this location; however at this time they intend to only drill one (1)
well He added that the truck trips will be around 150 truck trips Additionally, they also intend to have
pipeline coming into the facility for injection and processing. Mr. White said that they are requesting a
water recycling facility in the future, as well.
EXHIBIT
Mr. White stated that they anticipate the majority of the truck traffic to come from County Road 49. They
believe that this is the best location.
Commissioner Sparrow recalled an injection well that is located approximately one mile away from this
facility. Commissioner Maxey added that it is an Anadarko facility but recalled that it was a different
classification. Mr. Ogle said that Anadarko has that facility and it is for non-commercial use only.
Commissioner Wailes said that there was an email circulating from a neighbor regarding lighting and
safety of potable water wells. Mr. White said that they will work with their neighbors and will change the
direction of the lighting if that will help. He added that they want to be good neighbors. Mr. White said
that they adhere to the COGCC standards and do not feel that they pose a risk to water wells in the area
because of the standards that they are required to comply with.
Commissioner Johnson asked how they can control the trucks coming to the facility as it appears that
Keenesburg had concerns that they would be going through the Town. Mr. White said that they are not in
the trucking business and added that the trucks that come into the facility are employed by the producers.
However, Mr. White noted that their Greeley office is in contact with the dispatchers of the trucking
company and they actively manage where the water goes. He added that it is not perfect but it is a way
to influence where the trucks are going.
Commissioner Maxey inquired if the remaining part of the parcel will be farmed. Mr. White said that they
have an agreement with a farmer to farm the remaining site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Danny Kipp, Mayor of the Town of Keenesburg, 140 S Main Street, Keenesburg, Colorado, outlined a
letter he submitted to the Department of Planning with concerns from the Town of Keenesburg. He
added that the Town of Keenesburg owns and operates a public water system well within two (2) miles of
the proposed injection well. Keenesburg requests that applicant contact Keenesburg to arrange sampling
of the Town's well water to obtain a baseline sample prior to commencing operation. Additionally, they
are requesting the quarterly sampling program be continued as long as they are in operation. Mr. Kipp
requested to place a condition of approval that the applicant would be responsible for the sampling and
quarterly monitoring requirements.
Commissioner Maxey asked that since the Mayor of Keenesburg has spoken if Commissioner Sparrow
should recuse himself. Commissioner Sparrow said that he has not seen or heard this case prior to today
but leaves it to the Planning Commission. Mr. Yatabe said that he does not see a conflict of interest.
However, he added that there is a full Planning Commission here today and suggested to avoid conflict it
might be best to step down. Commissioner Sparrow excused himself from the case.
Commissioner Maxey noted that they didn't have a copy of the letter submitted by the Town of
Keenesburg. Staff provided a copy of the letter for the Planning Commission to review. Mr. Kipp briefly
explained the requested conditions of approval outlined in the letter submitted by the Town of
Keenesburg.
Additionally, Mr. Kipp referred to the Staff Report and requested that Item 2.D, 41h paragraph, 1st sentence
which reads "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" be removed. He said that their
referral doesn't express concerns; however they ask to be part of the Road Maintenance Agreement.
Commissioner Maxey asked if the County had directed the applicants to visit with the Town of
Keenesburg while the Coordinated Planning Agreement with Keenesburg was being finalized. Mr. Ogle
stated that the applicants were told to reach out to the Town of Keenesburg. He added that
representatives with NGL visited with the Mayor and representatives of the Town of Keenesburg. Mr.
Kipp said that they did not know about this application until they received the 28 day referral. He added
that the referral from Keenesburg was in late because they wanted the applicant to come to them to
discuss this application.
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In response to Commissioner Maxey's inquiry, Mr. Ogle stated that staff had no concerns with removing
the first sentence in the fourth paragraph of Item 2.D of the Staff Report.
Motion: Remove the first sentence in paragraph four of Item 2.D of the Staff Report, Moved by Michael
Wailes, Seconded by Nick Berryman. Motion carried unanimously.
Mr. White noted that they appreciate that the Towns of Hudson and Keenseburg are open to discussion;
however they would like to keep this site under Weld County jurisdiction.
Mr. White stated that as part of the rules and regulations administered by COGCC they are required to
perform quarterly groundwater sampling at all their facilities by a third party engineering firm. These
results are submitted to the State and are public record. With regard to the Town's request to sample
their wells quarterly, he deferred that to the State as well as the Oil and Gas Commission as they might
help the municipalities from the impacts of the oil and gas industry. Commissioner Maxey asked how
close their other injection wells are to other municipalities. Mr. White said that they are not within 2 miles.
He asked that they be held to the same standard as the Anadarko injection well that is 2.5 miles away
from Keenesburg.
Mr. White would like to reserve the discussion regarding the Road Maintenance Agreement if or when
jurisdiction would change. Ms. Petrik said that she has been corresponding with Rich Hastings in Public
Works who draws up the Improvements and Road Maintenance Agreements. She said that he indicated
that we have added a municipality into the agreement; however it is not typical. Typically, an
Improvements Agreement is completed through Weld County and then once it is annexed then a new
agreement would be formed between the municipality and the applicant. Mr. White said that he would
like to offer an olive branch that NGL would be open to the Town of Keenesburg being a successor. He
said that he would like to spend a little time on this agreement to fully understand the issue but that he
believes this could be worked out prior to the Board of County Commissioner hearing.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. Mr. White requested to move Conditions
of Approval 5.A, 5.B and 5.C to under Conditions of Approval 1.H, 1.1, and 1.J.
Commissioner Maxey said that he would like to defer this request to the Board of County Commissioner
hearing since these conditions won't be affected between now and that hearing. Mr. White said that he
will request these changes at the Board of County Commissioner hearing.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR14-0085 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 8).
Yes: Benjamin Hansford, Bruce Johnson, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Absent: Bruce Sparrow.
Respectfully submitted,
yqar2dlvt, Digitally Signed by Kristine Ranslem
Date:2015.03.06 10:56:47-07'00'
Kristine Ranslem
Secretary
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