The URL can be used to link to this page

Browse Search

Home My WebLink About20111417.tiff • 1861 - 2011 Memorandum TO: Barbara Kirkmeyer, Chair Board of County Commissioners W E L DEC O U N T 1 FROM: Troy Swain,EH Waste Program „ Coordinator,Department of Public i1 Health and Environment DATE: March 2,2011 SUBJECT: JLW Investments (Apollo Operating), Am USR-1679—Facility History for Show Cause Hearing. August 3, 2008 -Complaint,facility receiving Class II injection wastes commercially without a land use permit. August 2008 -Correspondence between facility and EH regarding secondary containment and construction requirements for commercial disposal facilities in Weld County. • November 4, 2008 -Facility injection well approved by COGCC for commercial disposal of Class II wastes. November 2008 -USR conditions drafted allowing alternate secondary containment other than concrete if deemed equivalent by EH. January 28, 2009-USR-1279 approved with alternate secondary containment other than concrete allowed if deemed equivalent. February 10, 2009—Complaint,facility receiving Class II injection wastes commercially without a land use permit. Facility receiving commercial wastes plat not recorded. February 18, 2009 -Facility cited in inspection for operating a commercial facility without having required secondary containment(prior to approval of building permits). March 30, 2009—Groundwater Monitoring Plan approved. January to April 2009—correspondence between facility and EH regarding alternate design equivalency to concrete. June 9, 2009—Facility cited in inspection for not having required secondary containment (prior to approval of building permits). • July 27, 2009—Weld County Planning notification that AmUSR required due to installation of additional tanks. EXHIBIT NOTE: 2 SIDED DOCUMENT r t G.s K�� August 11, 2009 -Facility cited in inspection for operating a commercial facility without having required secondary containment (prior to approval of building permits). September 28,2009—Plat recorded. October 23, 2009 - Facility cited in inspection for operating a commercial facility without having required secondary containment (prior to approval of building permits) and operating without groundwater monitoring (plan approved March 2009). November 2009— V groundwater sampling events. December 18,2009—Photos taken by Department of soil berm used for secondary containment. Not approved by Department as equivalent. Base area unlined. No adequate engineering provided. January 21, 2010 -Facility cited in inspection for operating a commercial facility without having required secondary containment (prior to approval of building permits). January 27, 2010-AmUSR-1279 Hearing continued. March 17, 2010—AmUSR-1279 Hearing continued. March 31, 2010 - AmUSR-1679 Approved for additional tanks and includes requirement for concrete secondary containment prior to recording the plat. Same specifically agreed to by applicant during hearing. No alternative containment allowed. No construction had ever been accepted as equivalent by EH (non-concrete structures). October 22, 2010 - Facility cited in inspection for operating without required secondary containment (prior to approval of building permits). Concrete secondary containment poured. New flat tank installed near unloading pad for future use. February 11, 2011 -Facility cited in inspection for operating a commercial facility without having required secondary containment (prior to approval of building permits USR-1276 &prior to recording the plat for new tanks AmUSR-1276). New flat tanks installed near unloading pad for future use and new tanks for settling process in concrete secondary containment area for future use. Process operating without required secondary containment. Christie Peters From: Chris Gathman ent: Thursday, May 26, 2011 1:20 PM Christie Peters c: Troy Swain Subject: RE: Status AmUSR-1679 Christie, To summarize our conversation this morning. Mr. White is continuing to work on finalizing his outstanding conditions of approval.Troy and myself are scheduled to visit the site on Tuesday,June 7th. The biggest remaining issue that I can see is that Mr. White pulled a building permit for a stick-built office a couple of weeks ago. It sounds likely that the office building will not be ready to be occupied by June 15th. Staff will want to see how much progress has been made on this building before we make a definitive recommendation to the Commissioners. Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph: (970)353-6100 ext. 3537 Fax:(970)304-6498 ,. ; . r Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Christie Peters Sent: Thursday, May 26, 2011 8:32 AM To: Chris Gathman Cc: Troy Swain; Esther Gesick Subject: Status AmUSR-1679 Chris/Troy, Please send me a quick update on the status of this case. Chris, I will probably need an updated summary from you, if applicable. Thanks, Christie Peters Deputy Clerk to the Board (r 45 10th Street, Greeley, CO 80631 0-356-4000, ext: 4228 cmpeters@co.weld.co.us 1 Christie Peters eom: Chris Gathman nt: Monday, June 13, 2011 11:49 AM To: Christie Peters; Elizabeth Strong Subject: FW: USR - 1679-Probable Cause Hearing Attachments: Concrete Containment Engineering - N. Pad.pdf; Concrete Containment Engineering - S. Pad.pdf Importance: High Here is an e-mail and attachment for the USR-1679 Show Cause hearing scheduled for Wednesday. I will be putting together a follow up memo for the Board of County Commissioners. However, I will need to do a field check of the site before I prepare the memo (it will be a couple of pages) and it will not be ready until end of today or beginning of tomorrow. I realize that it is past your deadline so I can provide paper copies and e-mail it directly to the Commissioners. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph:(970)353-6100 ext. 3537 Fax:(970)304-6498 F .O C!)d N u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jesse White [mailto:JWhite@apollooperating.com] Sent: Wednesday, June 08, 2011 11:19 AM To: Chris Gathman; Troy Swain Cc: Trevor Jiricek; Frank Piacentino; Kenneth Swanson; 'Chad Sanger' (csanger@turnkey-builders.com); preston199@slbbi.com; Rhiney Lapp (rhineylapp@what-wire.com); Mike Polenz (mpolenz@kci.net); Sang Nguyen (NguyenS@fei-den.com); apachefieldsvcs@q.com; Jake Miller (jvjsa5@aol.com); Donald Libhart (libcoplungers@aol.com) Subject: RE: USR - 1679-Probable Cause Hearing Importance: High Chris &Troy: In reference to the above captioned matter and our conversation yesterday on completion of all items associated •rewith I wanted to give you an update and time line as to where things are based on my meeting with all my field personnel and the contractors doing work for Apollo yesterday in the field. 1 VIT Item 1.J -As discussed and observed the secondary containment is up and the majority of the tanks are set therein. Tomorrow (Thursday 6/9/2011) the tanks currently outside of the containment will begin to be taken out of It service and cleaned;we expect to work through the weekend and have them set in the concrete containment by ly next week or prior to 6/15/2011. At a minimum they will be cleaned and out of service and all pipes sconnected, however,we plan to have the tanks we are going to continue to use in the containment prior to the 6/15/2011 hearing date. I will keep you posted on progress and let you know exactly where things stand prior to 6/15. Further, attached are the engineering drawings for the secondary containment with the calculations for containment capacities as requested. Item 1.K- Per our conversation yesterday in your office (and your field observation on the same date) the facility has been constructed in accordance with the application material; the COGCC is aware of the same. Item 1.L -The I.S.D.S. (SP-1100036) is installed and will have final inspection done this Friday (6/10/11);we have running water hooked up on site as well. The building that will house the facilities for the I.S.D.S. will be "dried in" on Friday. As such we will call in for the rough inspection for the framing, electric, and plumbing this Friday for Monday (6/13/2011). After the Monday inspection we will promptly install the facilities for the I.S.D.S. into the rough building;at best this puts us for a final plumbing inspection on Wednesday 6/15/2011). While the aforesaid is our goal this is a very tight schedule and based on the conversation with all my guys yesterday is a bit of a lofty goal. At the end of the day I believe "technically" we will have satisfied everything on the probable cause hearing for USR- 1679. However, having the actual building done with a TCO or CO is virtually impossible...we will have a certificate of occupancy ASAP regardless as I need a place for my guys to work and we did not start the building not to finish it. If you have any questions please contact me immediately; I will bring the Mylar plat and recording check with me to the 6/15 hearing to finally put this thing to bed! Thank you in advance for all your help on getting to the finish line Eire! Regards, Jesse L. White, CPL Operations Manager/Manager APOLLO OPERATING, LLC -JLW INVESTMENT, L.L.C. Mailing: 1538 Wazee St., Suite 200, Denver, CO 80202 Office: 303.830.0888 x 203 Facsimile: 303.830.2818 Mobile: 303.349.7586 E-Mail: jwhite@apollooperating.com Website: www.apollooperating.com • 2 009'90109 AIN/103 --� ~AMU / �\%~ L119.16119EI 1;01 _ ,�■ �m/\ nI ©® , �,m_mc _,_, • 2%�` ; / ) _ y/h i 2 z \, \/ y$ & ^ \ HIii ;! ji , : 9 .«. .rte , ©' ` y .717:t 22% '%\\� §, ate: : % \ �� \J \ I\e . -\ d \ vy \ ,; \\ e § \ / \ : e §} w )E) 2 ; q ) \^ 6a / �/ {« \ \ �d i i t / \ ; . . -- ---------- - ; } � - ` ^ \/ . _ _ (I -- ; N. t \\ } / . . -• 0 / } )}\, ; \- : § Si !! ! ; :;>; � / EC / { k i § / | y & \ h \ ELCLOEErozd ♦ ♦ p /� Fp" WJ bLJIXI IlXl6 wTS 01 WMVroJ'NN/pJ OIN1YYfSE IOLW C n \1 ref'Amu Lv151 M 19 MOY 4WpJ CUM mJ,4 V MV 5109 'JM1VaiSlllMW,NY3N NllS« .r m,a..- s3�inavaMid NOI1HON/IOd l � €81rf1,p„�,,,,p a�N ad Z NOI1VOOl1N3WNIVINOJ 9Nro22NI0Na NVIGNa3M tl U J • • s g g 1 x l PPYp I p ppp8 § 9 `��` ci € yy • do. E j:, s (11 mS,ay 1 113 d �xs i 8e 45 SNfIan "t! IIr .,—.1-.41.1s 1 i 111 1x 6 e a1 il 8 5 . 1 x •ili i "9 -H p 13li iglu nn_ .S €'F -y YKa Rjx� �) V ggd Q' S 9>s3 g mH D D E g3f$igizig qi5 U 0' w z • Ali ggw_ Qe sir_ __ _ _ A e e i i IV, z i i i o5 Q 5 i d QO i § o ° a 8m° A z 5 m4 R O in • t N_ w R ^ma-mt 1Z* 4iii 4 F UJ3 I I U 09 0 1861 -2° " MEMORANDUM TEL OUNTY TO: Weld County Commissioners u DATE: June 14, 2011 FROM: Chris Gathman SUBJECT: Show Cause for AMUSR-1679 (JLW Investment, LLC) Timeline of events: March 31, 2010 AMUSR-1679 approved by the Board of County Commissioners February 11, 2011 Field Check of AMUSR-1679 site with Troy Swain — Environmental Health and Heidi Hansen — Public Works, Department of Planning Services February 17, 2011 Probable Cause Notification sent • March 2, 2011 Probable Cause Hearing — Show Cause Hearing scheduled for 6/15/2011 June 7, 2011 Site Visit (Troy Swain and Chris Gathman) June 14, 2011 Site Visit (Troy Swain and Chris Gathman) Background: Case # & USR Description: AMUSR-1679 (A Site Specific Development Plan and Amended Special Review Permit for an Oil and Gas Support Facility (install additional tanks and office trailer in an existing Class II Oilfield Waste Disposal Facility and a Solids Recovery System) in the A (Agricultural) Zone District. Location: North of and adjacent to State Highway 392 and approximately 1/4 mile East of County Road 61 Summary: This case was approved by the Board of County Commissioners on March 31, 2010. Condition of Approval #2 of the approved AMUSR-1679 Board of County Commissioners resolution states the following: • EXHIBIT ,1 "Upon completion of Condition of Approval#1 above, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat • shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within ninety (90) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee." At the March 2, 2011, probable cause hearing, the following conditions of approval were still outstanding: 1.J — "A concrete secondary containment structure (floor and walls)surrounding each tank or battery of tanks shall be constructed. The volume retained by the structure shall be 150% greater than the volume of the largest tank inside this structure. A registered professional engineer shall design the structure. The structure shall prevent any release from the tank system from reaching land or waters outside of the containment area. The operator shall provide evidence from the engineer to the Weld County Dept. of Public Health and Environment(WCDPHE) indicating that the structure has been constructed to meet this criterion." 1.K — "The applicant shall submit evidence to the Departments of Public Health and Environment and Planning Services and the Colorado Oil and Gas Conservation Commission (COGCC), that the facility was constructed in accordance with the application • materials." 1.L— "The applicant shall install the approved individual sewage disposal system(I.S.D.S.) for sewage flow from the proposed office trailer(SP-0800131)." Representatives from the Departments of Public Works, Environmental Health and Planning Services met with the applicant(Jesse White)at the AMUSR-1679 site on Friday, February 11, 2011. At that time Mr. White indicated that not all the tanks had been placed into the concrete containment area due to delays in receiving tanks he had ordered 6 + months ago. Two tanks are remaining to be installed in the containment area. The office trailer and septic system had yet to be installed. Mr. White indicated he could not provide a guaranteed timeframe as to when these items would be completed (due to potential factors such as weather...). June 14th Update: Condition 1.J—All of the tanks previously outside of the containment area have been relocated inside of the containment area. Additionally, the size calculations for the containment areas have been submitted. Per Troy Swain — Environmental Health, this satisfies this condition. Condition 1.K— This condition has been satisfied. • Condition 1.L — The applicant has decided to construct a stick built office with • bathroom rather than install a mobile home. The septic system has been finaled and the building has been framed in and has received rough inspection approval by the Weld County Building Department. The applicant's contractor has indicated that the building finished and will be ready for a Certificate of Occupancy in approximately 10 days. Staff Recommendation: The applicant has satisfied Conditions of Approval 1.J and 1.K. Staff has observed substantial progress on condition 1.L. On June 7`h, the contractor was ready to pour the foundation for the building. On June 14`h, the building had been framed in and the septic had been connected. The only item remaining is to finish the building. Additionally, the USR plat has been reviewed, all changes have been made and it is ready for recording. Given the substantial progress that has been made on the building and the short time frame left to finish the building — staff is recommending dismissal of the show cause. • • • • • 1,. �1 III.-• . . .- . s f i ..-i Whir�� 1 - •� r} 1 ogpairiiii! ‘ . . .._ I. _r'� , • _ _ .__ m f 0.0 _ ..e° I. 1 F ' 7 • t 00 Ill. ! ... . it .,.. . . , i _ illial - y''' l �s I `'� 7 I .% �A► �f n_ I 'r-'1 _re; 0 _ . . I-4,! 1 *: e11.—,--__ , -, i p . / -- 14111itit....„ .. iiILL NoiLLLP4- ---e ‘ 41 .�. oh I ii1 . ��. � . % I! I M •• i _ r i ' } • i Mai " 1 4 • C i D • J - - I I# • 11 1.4, ie• ,._ «MIS 7. q _ lit ill - EXHIBI D B • . ... . . 1. _ ,._ .... .v-. , , ` ,_. . 4„,... a Eiji; fill" ............, ..., . , _. . . • Na SI " C 1 0 . hut . . WilrfainflarfirialLia -- -- t I"EA! I I • 1. ; 1 I IFl f I. _ • t • , . a 1 , ! •''' • •-•1 rA f c • , . y fa •I + t • ,' 1' ' ` '1 .. ., i% 1 • ' ( • h •.y ., . s , • )1!"4„, ,.• 1 • L,-. e 4 I- . ., . ' fel t ` 4/(`' 4 -1.,.... ,A1 Via- S -. �r ' 4 s,' . � . . : .ir , ;4, , ... .,,,. . „ , ..... ..,..., . ..... 4-4 1r . • • I 1 <` ,.:� • ` fP + AT t • ip INA 11. ei.,..:;71.:_t,..4:\.,fill„tii,,,....fia.::::::plikall. ..:,,,:ti: 4:.1v..14::::...4:1;iiip 171.:...;711::41.k.:fr.:141. .:-. •Il 1 (gin ... SFr .�' / _t, ' . •t -� '4),1: J . 1 41. 1' \ . :*- 1 `;� ,\`,�` .... • .V •1 ';:7� ` , t,` --4,1'.'t441 ii:1 • �-0 ,' ti . S At I '' .. I it .4_- • 'D. 4%. 1 't DS 4;9:44 1 .I A D• • 1 i'f'. *- : i . ' A - , •• ` ' . it • � .t y� �`r r1� • • eta. ii A40 r , 1.• ' •� , �1 ii. t � 11 - i ; , ...... -...,..41.,."..;t1L.:',.; )44, %+ • rs� 1 lihilk1 ;� l • v • 1 , 0 ! 1. 1 + • ._, a" I . • - .. { sr ,. . . � ' . i , ; .0 rats1 , . .. ` 1 if .+ •4, �� C . , ' R1.1 r.r • f ` 1 Al ? I . !r i .. _ -. . _ 4 . , • r . ..„ , _ 1. . .. . ., . • . „...,. : . : • . _,..... .. . , ‘ w r. V• - hs 1/21 A.. • ...ter. J : '‘....1,- ^thy - I, -fit r_ ' i i. . ( •"' .. . ' T _�� - - • ' j Lam • , • _ 'I". t " r tare -I. Orb* ilbilttNjtitriks .7.2 . . .. - I. v.-I. - ., r} a;: -`,t- « S": • ti 1 , - R • • liMMEIMINIF -, ter:,- _ sonililOnin • II 10 • ._ . , . . • . , • ,•z - 'r . _ _ _ ,... ..„..... ) It. .• :it( t aw/� •^yam O., - l:in}. .! • ' Jam. - ~- ' •�+1 •) I _ ... ... ._ AI P is I f .. •'_ / .... ...... . . 1 i ,...r. +-.._ , _ _ finam-ssalib dies.. _ t. .iat: . , . H - .II,. _` �?:-at or .1 / ' it; Annab..d Ill ' ...._ ..1. 17 ` y I .; 1 i- - • ;r... _ -— ^"C. -iris J� �" l - -it . _ 1 _ tom ._ _ — ill t • Y . s , r . 1 f i L , i .- 1 i }� ' Is _4 — �. ww:www.� '7 J I e I 7 I '• if • . _ _ . I . eilt0'all . , 1 f" • I. • r ' + r $ es 1 Si ! • , • i , q "7 ' ,, . p --ItiliiiHR,-.-__. - ' F '' 1 . . . 4 .. . ,. --ti.; , . 1 14. a 1i • . Hello