HomeMy WebLinkAbout20150755.tiff HEARING CERTIFICATION
DOCKET NO. 2015-20
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0085, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY, WATER RECYCLING, A TRUCK
TANKER WASHOUT FACILITY, AND A TANK STORAGE AREA WITH
CONFINEMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - NGL WATER
SOLUTIONS DJ, LLC
A public hearing was conducted on March 25, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Michelle Martin
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Heather Barbare
The following business was transacted:
I hereby certify that pursuant to a notice dated February 12, 2015, and duly published
February 18, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of NGL Water Solutions DJ, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR14-0085, for Mineral Resource Development Facilities, including 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. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
El Michelle Martin, Department of Planning Services, presented a brief summary of the
proposal, stated the site is located in the newly created Planning area for Keenesburg
(9/29/2014 effective), and is in the three (3) mile referral area of the Towns of Keenesburg and
Hudson and she reviewed their comments and stated the applicant met with both jurisdictions.
She reviewed the intended facility operations and surrounding land uses. The southern portion
of the acreage is within the floodplain; however, the development is outside the floodplain. Staff
received one electronic mail and two phone calls from a surrounding property owner concerned
about the lighting and the potential that her potable well would be compromised. Ms. Martin
stated that Planning Commission recommended approval and since that hearing she has
stepped in as the planner and has participated in two meetings with the applicant and the Mayor
of Keenesburg and believes there is a clearer understanding of the proposal and positive
communication between the parties. She displayed photos and maps of the site and the
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surrounding properties and offered to answer any questions. In response to Commissioner
Conway, Ms. Martin clarified the haul routes and the intent of the referral from the Town of
Hudson.
El Jennifer Petrik, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements, reviewed traffic routes, relative road surfaces, and
average daily traffic counts. She reviewed the traffic narrative, the number of employees and the
truck trips per day, including an estimate at full buildout. Janet Lundquist, Department of Public
Works, reviewed the traffic study and provided comments on triggers and Stop signs which are
included in the Improvements and Road Maintenance Agreement. After the Planning
Commission hearing, the applicant provided an updated traffic narrative and included discussion
on the acute turning angles and potential mitigation to include paving or widening. Ms. Petrik
reviewed CDOT comments and stated staff would recommend adding a Condition of Approval
(COA) #1.1 to state, "The applicant shall attempt to address the concerns of CDOT', and
deleting COA #6.6 and #6.C. She reviewed the remaining permits and requirements regarding
accesses, geohazard/floodplain, tracking control, grading, parking, weeds and drainage.
CI Heather Barbare, Department of Public Health and Environment, reviewed the water and
sewer provisions stating the applicant is proposing to have ten (10) total employees on-site
operating this facility 24 hours per day, and to permit and install a septic system and a
commercial well for drinking water. Ms. Barbare reviewed the Waste Handling Plan, Dust
Abatement Plan, Groundwater Monitoring Plan, APEN, financial assurance, requirements to
release building permits, and stated each injection well is subject to the same items. She further
stated, staff has received documentation that financial assurance has been met and
recommends the removal of the COA #5.A. Staff has also received documentation for #5.B and
recommends removal; #5.C is pending. She reviewed the other Conditions of Approval and
Development Standards related to Environment Health.
Doug White, NGL Water Solutions, represented the applicant and stated due to requests
of Anadarko and some Noble interest, NGL started planning a year ago to move forward with
this project. Because the geology is tough in this region, they were not able to go any further
west and purchased 110 acres of farmland with the plan to build the facility and then put crops
back in production all around it thereby reducing the impact on the land. Mr. White described the
haul routes, intersections, and access stating it is a good location with low impact to the area.
The Town of Hudson agreed with the proposed truck route due to a concern regarding water
trucks going through town. NGL is also working with the Town of Keenesburg to address their
concerns. Mr. White stated the plans for a two (2) well facility have been reduced to a one (1)
well facility with room for expansion in the future, and they also applied for a truck washout and
recycling facility. In response to Chair Kirkmeyer, Mr. White clarified the truck trips will average
between 100-120 per day. Commissioner Moreno mentioned the CR 49 project for the purpose
of awareness. In response to Commissioner Cozad, Mr. White stated NGL will use irrigation for
the crops when they are put back into production. Commissioner Conway asked staff to clarify
the possibility of traffic concerns related to the CR 49 Project. Ms. Lundquist clarified the impact
of usage is minimal and should not affect much. Mr. White clarified the railroad crossing concern
has been alleviated.
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O Danny Kipp, Mayor of Keenesburg, thanked the staff for setting up a meeting with the
applicant to discuss concerns regarding the town well, and requested water sampling because
the town well is within two (2) miles of the NGL facility. Mayor Kipp stated the concerns with
water sampling and road maintenance have been addressed and again thanked staff and
recommended approval based on staff recommendation.
• Commissioner Conway stated it is good to hear the County is taking care of a problem that
the state refused to help with. Chair Kirkmeyer thanked Mayor Kipp for coming to the hearing
today and appreciated the comments that were made. Commissioner Moreno echoed his
appreciation to the Mayor.
O In response to Chair Kirkmeyer, Mr. White responded that he has some items to discuss
and also communicated his appreciation to Mayor Kipp for working together to alleviate
concerns. He then asked the Commissioners to consider the temporary tank storage six month
limitation, clarification on COAs #5.A, #5.B, and #5.C, and also #6.8 and #6.C. Ms. Lundquist
clarified the standard reasons for the Special Transport Permit and Right-of-Way Permit.
• Chair Kirkmeyer suggested the removal of the word temporary throughout the document,
and recommended not adding a new Condition of Approval regarding the CDOT concerns. She
further suggested removing the words "Prior to the release of building permits" from Condition of
Approval #5 and making #5.A and #5.6 their own conditions and renumbering them as #5 and
#6, with subsequent corrected numbering to follow. She recommended deleting COA #6.6 and
#6.C, and the first sentence of Development Standard (DS) #10 and also the wording "including
temporary tanks."Chair Kirkmeyer further suggested the deletion of the words "Should recycling
occur at the facility,"from DS #14; and, on DS #21 deleting the third sentence that reads "Upon
closure, the facility will conduct a soil and groundwater assessment and will conduct
remediation activities as necessary." It was also recommended to delete COA #1.F. (Clerk's
Note: Per direction from staff and intent regarding closure activities, it was recommended after
the hearing to also delete the last sentence of DS #21.)
la In response to Chair Kirkmeyer, Mr. White, indicated he reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended.
• Commissioner Moreno moved to approve the request of NGL Water Solutions DJ, LLC, for
a Site Specific Development Plan and Use by Special Review Permit, USR14-0085, for Mineral
Resource Development Facilities, including Oil and Gas Support and Service (Class II Oilfield
Waste Disposal Facility — saltwater injection facility, water recycling, a truck tanker washout
facility, and a tank storage area with confinement) in the A (Agricultural) Zone District, based on
the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards, as amended, and entered into the record. The motion
was seconded by Commissioner Freeman, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:59 a.m.
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This Certification was approved on the 30th day of March, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: &C jeki;tk Fib Lie_;ti c "v l
CC// Barbara Kirkmeyer, hair
Weld County Clerk to the Board ( �(
Mike Freeman, Pro-Tem
BiY: �Ci 0�qahTraii1Dept Clerk toBoard •o r�` `� _
'\\ IEL %ean P. Conway
Ir t1g *)ett A. C� ozad
% :\ 0. Steve Moreno
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