HomeMy WebLinkAbout20132815.tiffMEMORANDUM
TO: Kim Ogle, Planning Services DATE: August 15, 2013
FROM: Donald Carroll, Engineering Administrator
Public Works Department
SUBJECT: USR13-0041, Select Energy Services
(Weitzel Ranch Facility)
The Weld County Public Works Department reviewed the submitted application for critical items, including but
not limited to Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood
Hazard Development Permit. A detailed review of these items was not completed at this step in process.
Comments made during this stage of the review process will not be all inclusive; as revised materials are
submitted other concerns or issues may arise. All issues of concern and critical issues during further review
must be resolved with the Public Works Department.
COMMENTS:
CR 105 is a collector road and requires an 80 -foot right-of-way at full build out. There is presently a 60 -foot
right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld
County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The applicant
shall delineate or dedicate an additional 10 -foot of right-of-way parallel to the CR 105 right-of-way for future
build -out.
Section Line: CR 88 (60' right-of-way)
REQUIREMENTS:
Site Plan:
Show 60' of right-of-way for CR 88; standard tracking control for access onto gravel roads includes double
cattle guards across both lanes at the access point. You do not need the asphalt lane.
Access Permit Application Form:
The applicant has supplied this form identifying that a 15" pipe (CMP) shall be placed at the entrance as a part
of the tracking pad with double cattle guards across both lanes of the entrance. Pictures at the proposed
entrance have been supplied as a part of the application. Our Traffic Engineer will evaluate the Access Permit
Application and accompanying documents. The fee is $150.00 (large commercial) for your new access permit.
Show the approved access on the plat and label it with the approved access permit number (AP#).
Noxious Weeds:
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 Section 15-1-180 of
the Weld County Code.
Traffic Study:
The applicant in the questionnaire is indicating that there will be truck traffic at 130 trucks per day.
Drainage Report:
The applicant submitted a Final Drainage Report from Wernsman Engineering dated May 2013.
An accepted drainage report is required prior to recording the plat.
C1Users\kranslem\AppData\Local\Microsoft\Windows\Temporary Internet Files\Low\Content.IE5\OWOKGV33\USR13-0041[1].docx
Grading Permit: If more than one acre is to be disturbed, a Weld County Grading Permit will be required prior
to the start of construction.
Flood Hazard Development Standards:
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA).
Improvements and Road Maintenance Agreement:
This document is required for this site. Road maintenance including dust control, damage repair, and triggers
for improvement will be included.
C1Users\kranslem\AppData\Local\Microsoft\Windows\Temporary Internet Files\Low\Content.IES\OWOKGV33\USR13-0041[1].docx
COLORADO
Memorandum
TO: Kim Ogle, Weld County Dept. of
Planning Services
FROM: Troy Swain, Weld County Dept. of Public
Health & Environment, Environmental
Health Division
DATE: August 19, 2013
SUBJECT: United Surface & Minerals, LLC —
USR13-0041 - Commercial Injection Well
and Produced Water Recycling Facility
The Department has reviewed the application for a Commercial Class II Injection Disposal Well and
Produced WastewatcriFlowback Wastewater Recycling Facility recommends that the following be
adopted as part of any approval:
The Department recommends that the following requirements be met by the applicant prior to recording
the plat:
The applicant shall file an Air Pollution Emissions Notice (APEN) with the Air Pollution Control
Division. Colorado Department of Public Health and Environment. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
The applicant shall submit a Groundwater Monitoring Plan to the Weld County Health
Department of Public Health and Environment (WCDPHE) for review and approval. The plan
shall include leak detection for unloading pads) and sump(s). Evidence of Department approval
shall be submitted in writing to the Weld County Department of Planning Services.
The facility shall post financial assurance with the Colorado Oil & Gas Conservation
Commission (COGCC) for the Class II Injection Facility and surface structures related to the
disposal well. The facility shall submit evidence to the Weld County Department of Planning
Services that the appropriate financial assurance has been obtained.
A Detailed Closure Plan shall be submitted to the Weld County Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission. The facility shall submit
evidence to the Weld County Department of Planning Services that closure plans have been
submitted.
The Department recommends that the following requirements be met by the applicant prior to release of
building permits:
Sewage disposal from buildings shall be by septic. The applicant shall apply for and obtain a
commercial Individual Sewage Disposal System I.S.D.S. permit for toilet facilities.
Detailed Plans for a concrete unloading pad shall be submitted for approval. A secondary liner
and leak detection system shall be designed and installed beneath the concrete unloading pad(s)
and sump(s). Plans shall be submitted to and approved by the Weld County Department of Public
Health and Environment. Evidence of Department approval shall be submitted in writing to the
Weld County Department of Planning Services.
Detailed plans for the concrete secondary containment structure for all storage and processing
tanks shall be submitted to and approved by the Weld County Department of Public Health and
Environment. Secondary containment volume shall provide containment for the entire contents
of the largest single tank plus sufficient freeboard for precipitation. Evidence of Department
approval shall be submitted in writing to the Weld County Department of Planning Services.
The Department recommends that the following requirements be incorporated into the permit as
development standards:
Only Class II Exploration & Production Wastewaters as defined by the Environmental Protection
Agency arc permitted to be accepted for disposal. Any changes from this approved use may
require an amendment to this Special Use Permit.
Prior to construction of the recycling facility, the owner/operator must submit an Engineered
Design & Operations Plan and Recycling Designation Request for the produced water/flowback
wastewater recycling operations to the Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division's Solid Waste Unit and the Weld County
Department of Public Health and Environment for review and approval. The applicant must
receive designation by the CDPHE Hazardous Materials and Waste Management Division's Solid
Waste Unit as a Recycling Facility, which based on existing law and policy does not require a
Certificate of Designation or apply for a Certificate of Designation with Weld County if the
recycling designation is denied. Evidence of CDPHE and WCDPHE approval of the recycling
designation shall be submitted in writing to the Department of Planning Services prior to
construction and operation of the recycling facility.
Recycling operations must receive and maintain designation as a recycling facility from the
Colorado Department of Public Health and Environment to accept Exploration & Production
Wastewaters for recycling. No recycling of wastes other than exploration and production
wastewaters is permitted. Any changes from the approved designation may require an
amendment to this Special Use Permit and a Certificate of Designation.
In accordance with Section R of the Regulations Pertaining to Solid Waste Sites and Facilities (6
CCR 1007-2, Part I ), the recycling facility is required to register and file an annual report with
the CDPHE Solid Waste Unit, which includes the amount of exploration & production
wastewater (produced water/flowback water) recycled. This annual report shall be copied to the
Weld County Dept. of Public Health and Environment.
Analytical data on wastes and environmental monitoring data shall be made available to
WCDPHE, who reserves the right to require additional more extensive monitoring.
The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. Portable containment, such as drip pans, shall be utilized when
working outside containment areas.
All liquid waste received at the facility shall be unloaded on the concrete unloading pad. The
unloading pad and leak detection system shall be constructed and operated in accordance with the
approved design. The unloading pad shall be cleaned at a frequently that prevents oil and other
waste from building up on the pad. During winter months the pad shall be maintained free of ice.
Any required Spill Prevention Control and Countermeasures (SPCC) Plans shall be prepared and
maintained on site pr 40 CFR 1 I2.
All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
The maximum permissible noise level shall not exceed 70 dBA measured in accordance with
Section 25-12-103 CRS.
The facility shall comply with Colorado Air Quality Control Commission Regulations and any air
permits issued by the CDPHE Air Pollution Control Division. Fugitive particulate emissions
(dust) shall be controlled on this site.
All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored, treated, and removed for final disposal in a manner that
protects against surface and groundwater contamination.
The facility shall comply with the approved groundwater monitoring plan
All storm water, which has come into contact with waste materials on the site, shall be confined
on the site.
The facility shall provide adequate drinking water, hand washing, and toilet facilities
Sewage disposal from buildings shall be by septic. The applicant shall apply for and obtain a
commercial Individual Sewage Disposal System I.S.D.S. permit for toilet facilities.
Any Individual Sewage Disposal System (I.S.D.S.) shall be constructed, operated and maintained
in compliance with the Weld County Code provisions and WCDPHE policies pertaining to
I.S.D.S. Systems.
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
August 19, 2013
Kim Ogle
Weld County Planning
Transmission via email: kogleaweldgov.com
Re: Use by Special Review, United Surface & Minerals LLC
Case No. USR13-0041, water recycling, saltwater injection facility
W1/2 of Section 35, T8N, R60W, 6t" P.M.
Water Division 1, Water District 1
Dear Mr. Ogle:
John W. Hickenlooper
Governor
Mike King
Executive Director
Dick Wolfe, P.E.
Director
This referral does not appear to qualify as a 'subdivision" as defined in Section 30-28-
101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011
memorandums to county planning directors, this office will only perform a cursory review of the referral
information and provide informal comments. The comments do not address the adequacy of the water
supply plan for this project or the ability of the water supply plan to satisfy any County regulations or
requirements. In addition, the comments provided herein cannot be used to guarantee a viable water
supply plan or infrastructure, the issuance of a well permit, or physical availability of water.
The application seeks a site specific development plan and use by special review for a water
recycling and injection facility for use in the oilfield industry on a 320 -acre parcel. The application
states that they will use recycled water to rinse out frac tanks as well as tanker trucks. The applicant
plans to obtain a commercial water well for the site. The referral materials included an application for
an exempt -commercial well along with a drinking and sanitary worksheet estimating annual water use
of less than 1/3 of an acre-foot per year. From our records, this application has not been submitted to
our office. We expect the applicant will qualify for an exempt commercial well permit. Water from such
a well could only be used for drinking and sanitary purposes inside a single commercial business. The
water could not be used outside, such as for cleaning trucks or machinery. Our policy regarding such
wells is enclosed for the applicant's information. The ability of the applicant to obtain a well permit will
be determined at the time well permit application is received by this office.
This office does not object to the proposal so long as the applicant obtains a valid well permit to
support the business. Should you or the applicants have any questions, please contact Tracy Kosloff of
this office.
Enclosure
Sincerely,
Joanha Williams, P.E.
r Resource Engineer
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589
www.water.state.co.us
RICHARD D LAMM
Governor
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
April 9, 1985
MEMORANDUM
JERIS A. DANIELSON
State Engineer
TO: ROBERT A. LONGENBAUGH, ASSISTANT STATE ENGINEER FOR GROUND WATER
FROM: JERIS A. DANIELSON, STATE ENGINEER
SUBJECT: POLICY CONCERNING THE EVALUATION OF WELL PERMIT APPLICATIONS FOR
EXEMPT COMMERCIAL USES
In 1972 the legislature established a rebuttable presumption in subsection
37-92-602(3)(b)(II), C.R.S., that wells used solely for household purposes in
a single-family dwelling will not materially injure the vested water rights
of others or any other existing well. This presumption has been used to
approve many permits for "household use" wells appropriating ground water
tributary to overappropriated stream systems.
By including small capacity wells used for drinking and sanitary facilities in
a commercial business in the exemptions of Section 37-92-602(1), C.K.S., the
legislature apparently intended for such wells to be approved under special
limiting conditions, however, the presumptions of subsection
37-92-602(3)(b)(II) do not apply to these well permit applications. Therefore
they must be evaluated pursuant to subsection 37-92-602(3)(6)(I)
In order to assist in the evaluation and provide for approval of certain
limited uses of well permit applications to serve drinking and sanitary
facilities in a commercial business, it shall be the policy of the State
Engineer that if the proposed annual diversion and the consumptive use of
water from the well do not exceed those values of ordinary in-house purposes
inside a single-family dwelling, there shall be a rebuttable presumption that
such uses will not injure other vested water rights or wells. This policy
shall be implemented by applying a rebuttable presumption of non -injury when
the following conditions are met:
1. No other water supply source or system is available to serve the
property. An affidavit by the applicant affirming this situation
must accompany the applications as well as an affidavit from any
entity capable of serving the use that it will not do so.
MEMO TO: Robert A. Longenbaugh
Page 2
2. The well must be the only well on the site.
3. The site must have been established prior to June 1, 1972, or must
be exempt from the definition of a subdivision pursuant to Section
30-28-101(10)(c) and (d), C.R.S. For lots in subdivisions approved
after June 1, 1972, the recommendations made in the water supply
review process will be honored. Ground water production will be
limited to the aquifer approved during the review process and will
be restricted to one aquifer only by Conditions of Approval.
4. The pumping rate shall not exceed 15 gallons per minute.
5. The amount of ground water diverted shall not exceed 1/3 acre-foot
annually (108,600 gallons). The applicant must support the
application with evidence that the proposed use will not create a
demand greater than 1/3 acre-foot.
6. The consumptive use of the water shall not exceed 10% of the volume
of ground water diverted. The return flow from the use of the water
must be discharged to the same stream system in a location so as to
not injure any vested water right. An approved septic tank and
non -evaporative leach field is an acceptable discharge method.
Other types of disposal systems must be evaluated to determine the
amount and location of the return flow.
7. The use of the water diverted is limited to drinking and sanitary
facilities only in an individual commercial business. No uses of
water are permitted outside of the building.
8. A totalizing flow meter must be installed on the well. Permanent
annual diversion records must be maintained by the well owner and
submitted to the Division of Water Resources annually.
Exempt commercial wells which do not meet the above criteria will be evaluated
on the basis of material injury.
This policy becomes effective immediately and is essential to reduce the back
log of well permit applications. It shall be modified or revoked only in
writing. 1
a.flo
is A. Danielson
JAD/RGH/jp
cc: Hal Simpson
Division Engineers
4397I(6)
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