HomeMy WebLinkAbout20150759.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISS
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COM 5g / - gip if
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: USR14-0081
APPLICANT: HIGH SIERRA WATER SERVICES LLC, C/O NGL WATER SOLUTIONS DJ, LLC
PLANNER: KIM OGLE
REQUEST: 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
LEGAL DESCRIPTION: S2SE4 SECTION 30, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 39; NORTH OF AND ADJACENT TO CR 28
SECTION LINE
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. B. EP. Goal 2. Mineral resource exploration and production waste facilities
should be planned, located, designed and operated to encourage compatibility with surrounding
land uses in terms of items such as general use, scale, height, traffic, dust, noise and visual
pollution. This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county.
Section 22-4-30.A. WA.Goal. 1 states "Support the development of water that is put to beneficial
use, along with associated infrastructure." The proposed water recycling facility and load out
facility will provide a valuable and indispensable service to oil and gas companies. The
centralized location for load out minimizes the removal of agricultural land from production.
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.
RESOLUTION USR14-0081
HIGH SIERRA WATER SERVICES LLC, C/O 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; 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. 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 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 USR14-0081 . (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)
RESOLUTION USR14-0081
HIGH SIERRA WATER SERVICES LLC, 0/0 NGL WATER SOLUTIONS DJ, LLC
PAGE 3
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)
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)
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).
RESOLUTION USR14-0081
HIGH SIERRA WATER SERVICES LLC, C/O NGL WATER SOLUTIONS DJ , LLC
PAGE 4
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. 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)
H . 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)
I . 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 mapsco.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)
RESOLUTION USR14-0081
HIGH SIERRA WATER SERVICES LLC, O/O NGL WATER SOLUTIONS DJ, LLC
PAGE 5
Prior to the Release of Building-Permits=
A. A leak detection system shall be designed and installed beneath-the-concrete- nloadi-ng
pad(s), piping -r --su-mp(s)--The plans and engineered drawings will be stamped and signed
by a Colorado Registered P-rofessional-Engineer-(PE). -P4ans shall be submitted to and
accepted-by Weld County Departmenof Public Health and Environment. Evidence of such
&hail be submitted,-it-writing, to4he Department of-Planning Services. (Department of Public
Health-and Environment)
B. Detailed plans-fer 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
t-e--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-Celor-ade Registered P€-prsv-}des 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 Veld 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)
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)
RESOLUTION USR14-0081
HIGH SIERRA WATER SERVICES LLC, C/O NGL WATER SOLUTIONS DJ , LLC
PAGE 6
Motion seconded by Bruce Sparrow.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce 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 31d of March , 2015.
Kristine Ranslem
Secretary
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
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)
RESOLUTION USR14-0081
HIGH SIERRA WATER SERVICES LLC, C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 8
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)
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)
RESOLUTION USR14-0081
HIGH SIERRA WATER SERVICES LLC, C/O NGL WATER SOLUTIONS DJ , LLC
PAGE 9
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 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 USR14-0081
HIGH SIERRA WATER SERVICES LLC, C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 10
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.
perninweo
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 Parko, 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: USR14-0081
APPLICANT: HIGH SIERRA WATER SERVICES LLC, C/O NGL WATER SOLUTIONS DJ,
LLC
PLANNER: KIM OGLE
REQUEST: 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
LEGAL DESCRIPTION: S2SE4 SECTION 30, T3N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 39; NORTH OF AND ADJACENT TO CR 28
SECTION LINE
Kim Ogle, Planning Services, presented Case USR14-0081 , 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.
Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik suggested that Condition of Approval 1 .B be deleted as there is an
existing Road Improvements Agreement in place.
Commissioner Berryman asked how much new traffic there is with this facility. Ms. Petrik requested that
the applicant provide that information as it is not stated clearly in the application.
Commissioner Maxey wished to clarify the number of employees on site. Ms. Petrik said that the traffic
narrative indicates there are 15 employees; however in other areas of the application it indicates more
than 15 employees and requested that the applicant address this question.
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 120th Street, Greeley, Colorado, stated that this site
has been a saltwater injection facility for several years. As the facility has aged, the existing well has lost
capacity and they are currently adding an injection well to the facility to add capacity. Due to the change
in oil prices, companies are moving back to the Wattenberg area and their customers are requesting
additional capacity. EXHIBIT � .
Led/81
Mr. White stated that currently any oilfield waste that is a solid is required to go to a specific landfill. NGL
is proposing to handle these solids and added that they have applied and have been approved by
CDPHE to handle these wastes. They intend to eliminate truck traffic that currently has to go down by
DIA (Denver International Airport) to dispose of the solids in the appropriate landfill.
Commissioner Berryman asked how much new additional traffic there will be with this facility. Mr. White
said that they run around 100 to 115 trucks for the water recycling and disposal water facility. He added
that they are estimating a 30% increase with the additional solids processing facility.
In response to Commissioner Maxey's inquiry, Mr. White said that currently there are 15 employees and
with the additional solids facility it will increase to 30 employees.
Commissioner Maxey asked if this site has any plans for installation of pipelines. Mr. White said that they
do intend to install pipelines to Anadarko and Noble Energy facilities to eliminate truck traffic.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair referred to the suggested change of deleting Condition of Approval 1 .B by staff.
Motion: Delete Condition of Approval 1 .B as suggested by Staff, Moved by Benjamin Hansford,
Seconded by Joyce Smock. Motion carried unanimously.
Mr. White referred to Conditions of Approval 7.A and 7.B. He asked if these conditions have been part of
their previous cases as he is unfamiliar with the EPA requirement. Ms. Barbare said it is a requirement in
accordance with the Onsite Wastewater Treatment System Regulations and a State and Federal
requirement, should the septic system serve more than 20 people. This case triggers this requirement
since the number of employees proposed is 30 employees.
Mr. White said that they are running into a timing issue with receiving building permits. They are
requesting for their new projects to receive a stipulated agreement for early release of building permits
after the 28 day referral period. The Chair asked staff if this would be a new condition of approval. Mr.
Ogle said that there is a policy that at the end of the 28 day referral period, Mr. White can request a
stipulated agreement for early release of Grading and Building Permits and he can move forward at his
own risk. However, in this case the applicants need to complete Conditions of Approval 5.A and 5.B in
order to release Building Permits. Commissioner Maxey asked if we can add something that could
provide another option. Mr. Ogle said that Conditions of Approval 5.A and 5.B could be moved to "Prior
to Recording the Plat" and then they could move forward at their own risk with their Building Permits. The
Chair asked Mr. White if this would satisfy his inquiry regarding the release of building permits. Mr. White
replied yes.
Brad Yatabe, County Attorney, cautioned the board on this move as typically the release of Building
Permits are not given until the case has been approved by Board of County Commissioners. However,
he said that conditions of approval can be moved.
Commissioner Jemiola said that there is a lot of pipeline construction prior to hearing those cases. He
added that if these conditions are moved and the Board of County Commissioners deny it then the project
will cease. Commissioner Maxey added that the Board of County Commissioners can also move it back if
they wish.
Motion: Move Conditions of Approval 5.A and 5.B under Conditions of Approval 1 .G and 1 .H and reletter
accordingly, Moved by Jordan Jemiola, Seconded by Terry Cross. Mr. Yatabe added that by moving
these conditions it doesn't necessarily mean that the Planning Department is obligated to grant an early
release of building permits. He said that the Building and Planning Department would still do an
independent evaluation as to whether they want to enter into a stipulation with NGL regarding the early
release of building permits.
Vote: Motion passed (summary: Yes = 8, No = 1 , Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Nick Berryman, Terry Cross.
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No: Michael Wailes.
Commissioner Wailes stated that he doesn't fully understand the implication of this at this time and he
trusts Planning Staff's recommendation in their report.
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 USR14-0081 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Meeting adjourned at 5:55 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
Date: 2015.03.06 10:55:34 -07'00'
Kristine Ranslem
Secretary
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