HomeMy WebLinkAbout20111414.tiff RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING FOR A SITE SPECIFIC
DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #1679
FOR AN OIL AND GAS SUPPORT FACILITY (INSTALL ADDITIONAL TANKS AND
OFFICE TRAILER IN AN EXISTING CLASS II OILFIELD WASTE DISPOSAL
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT-JLW INVESTMENT, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on June 15, 2011, a Show Cause hearing was conducted to consider
revocation of a Site Specific Development Plan and Amended Use by Special Review
Permit#1679 for an Oil and Gas Support Facility (install additional tanks and office trailer in an
existing Class II Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District, issued to
JLW Investment, LLC, c/o Jesse White, 351 Glencoe Street, Denver, Colorado 80220, and
WHEREAS, JLW Investment, LLC, is the current owner of the facility located on property
being further described as follows:
Lot B of Recorded Exemption #748; located in part
of the NE1/4 of Section 18, Township 6 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, after hearing all testimony presented, the Board deemed it advisable to
dismiss the Show Cause hearing, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that there is not adequate cause concerning a Site Specific
Development Plan and Amended Use by Special Review Permit #1679, issued to JLW
Investment, LLC, and the Show Cause Hearing be, and hereby is, dismissed.
'appl 2011-1414
-1- a.-1- l I PL2000
SHOW CAUSE HEARING (AMUSR#1679) -JLW INVESTMENT, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of June, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
L/� WELD COUNTY, COLORADO
wJ
ATTEST: ri! ,� �,LLi1«</
-Barbara Kirkmeyer, Chair /
Weld County Clerk t.[ ®i @ S;
'`•6►` '`BY Ft "� ,� Sean P. Cpnway, Pro-Tem v
Deputy Clerk to the B (It(/
Ii F. a
APP D AS,T M: ov C
David Long
nt Attorney
DouglAs Radem cher
Date of signature: 7/as/Olf
2011-1414
PL2000
• NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a
public hearing will be held in the Chambers of the Board of County Commissioners of Weld
County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior of the hearing. The cost of engaging a court reporter shall be borne by the
requesting party. In accordance with the Americans with Disabilities Act, if special
accommodations are required in order for you to participate in this hearing, please contact the
Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley,
Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in
the case file. To ensure inclusion of your E-Mail correspondence into the case file, please
send a copy to egesick@co.weld.co.us.
DOCKET#: 2011-25
DATE: June 15, 2011
TIME: 10:00 a.m.
APPLICANT:
JLW Investment, LLC, c/o Jesse White
351 Glencoe Street
• Denver, Colorado 80220
REQUEST: Hearing to show whether good cause exists for revocation of a Site Specific
Development Plan and Amended Use by Special Review Permit #1679 for an Oil and Gas
Support Facility (install additional tanks and office trailer in an existing Class II Oilfield Waste
Disposal Facility) in the A (Agricultural) Zone District
LEGAL DESCRIPTION: Lot B of Recorded Exemption #748; located in part of the NE1/4 of
Section 18, Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado
ISSUE: Whether or not the Permit holder is in compliance with the following Conditions of
Approval:
1) 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 percent greater than the volume of the largest tank inside this structure. A
Colorado 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 Department of Public Health and Environment (WCDPHE) indicating that the
structure has been constructed to meet this criteria.
2) 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.
3) 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).
cro//-/WC,
• BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 26, 2011
PUBLISHED: June 1, 2011, in the Fort Lupton Press
•
•
PROOF OF PUBLICATION
III FORT LUPTON PRESS NOTICE
STATE OF COLORADO Pursuant
tae to
nnd the Waws of�
County code, a public hearing will
COUNTY OF WELD SS.
Be held in the y Chambers the
Board of County Commissioners
of County, Colorado,ntr, Weld
h
County or, Center, of r do
I, Allen Messick, do solemnly swear that am the Publisher 80631,1,at t Floor,Greeley,Colorado
8ed.
of the Fort Lupton Press that the same is a weekly if a court
the timespesired
If a court reporter is desired,please
newspaperprinted andpublished in the County of Weld, advise the Clerk to the Board, in
writing, at least five days prior of
State of Colorado, and has a general circulation therein; the hearing. The cost of engaging
a court reporter shall be Dome by
that said newspaper has been published continuously and the requesting.party. In accordance
uninterruptedly in said county of Weld for a period of more wiAct,th the eAcial a co with aDiccommodations
e
p yh special accommodations are
than fifty-two consecutive weeks prior to the first re inorderforyouloparticipateeari conactthe
in qui M,res hng please t
publication of the annexed legal notice or advertisement; Clerk to the Board's Office at(970)
336-7215 Extension 4226, prior to
that said newspaper has been admitted to the United the day of the hearing.
States mails as second-class matter under the provisions The case f may be
exe completeined tee c fileClerkte
of the act of March 3, 1879, or any amendments thereof, the Board of County Commissioners,
Weld County Centennial Center,915
and that said newspaper is a weekly newspaper duly 10th street, Third Floor, Greeley,
Colorado 80631. E-Mail messages
qualified for publishing legal notices and advertisements sent to an individual Commissioner
within the meaning of the laws of the State of Colorado. morenoura ulo in the yourase
ll
m ensure Includ nfyoursa#a8
That the annexed legal notice or advertisement was correspondence Into the case fl
please send a copy to egesic
published in the regular and entire issue of every number ce.weld.co.us.
of said weekly newspaper for the period of ONE DATE DOCKET
15,2011 .
TIME:
consecutive insertion (s); and that the first publication of APPLICANT:
said PPLICAN0:
said notice was in the issue of newspaper, dated 1st day JLWceInvestment, LLC, do'Jesse
Whof JUNE 2011, and the last on the 1st day of JUNE 2011 351 Glencoe Street
Denver,Colorado 80220
REQUEST:Hearing to show whether
good cause exists for revocation of a
Site Specific Development Plan and
Amended Use by Special Review
!� � Permit #1679 for an Oil and Gas
�ublisher, Subscribed and sworn before me, this 1st support Facility (install additional
tanks.and office trailer in an existing
day of, JUNE 2011 Class II Oilfield Waste Disposal
Facility)in the A(Agricultural)Zone
I District
LEGAL DESCRIPTION: Lot B of
Recorded Exemption#748;located
Notar P llc. in. part of the NE1/4 of Section63
y 18, Township 6 North, Range
West of the 6th P.M.,Weld County,
Colorado
t ISSUE: Whether or not the Permit
holder is M compliance with the
1,l, following Condition of Approval
1) 1.J. - A concrete secondary walls)nment structure (floor and
} 1a surrounding each tank or
battery of tanks shall be constructed.
' O I The volume retained by the structure
r shall be 150 percent greater than
v` the volume of the largest tank inside
.. ...2�/ this structure.A Colorado registered
� . . professional engier shall design
-shall
the structure. The structure
prevent any release from the tank .
system from reaching land or
waters outside of the containment
My Commission Expires : 3 'j_ I4 area. The operator shall provide
evidence from the engineer to the
Weld County Department of Public
Health and Environment(WCDPHE)
indicating-that the structure has been
constructed to meet this criteria.
2)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.
3)• Individual a. -The applicant shall install
the approved Sewage
Disposal System J.S.D.S.) for
sewage flow from the office ttrailen(S 0800131).
proposed
BOARDaw ppF COUNTY
WELD COUNTY,COLORADO
2011-1415 DATED: May 26,2011
PUBLISHED: June 1,2011, in the
Fort Lupton Press
• 86 .1 MEMORANDUM
WEL L U- ' O NT Y TO: Weld County Commissioners
'lull DATE: February 25, 2011 ;.
FROM: Chris Gathman 5°
SUBJECT: Probable Cause for AMUSR-1679 (JLW Investment'tLC)
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, 2010 Probable Cause Notification sent
• 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:
"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."
2011-1416
As of February 24, 2011, the following conditions of approval are 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
Commision (COGCC), that the facility was constructed in accordance with the application
materials."
1.L- "The applicant shall install the approved individual sewage disposal system(l.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...).
Staff Recommendation:
1) Complete the outstanding Conditions of Approval and and submit the AMUSR-1679
plat for recording within 60-days (no later than May 2, 2011).
•
• 440
I DEPARTMENT OF PLANNING SERVICES
WWW.CO.WELD.CO.US
E-MAIL ADDRESS: cqathmanco.weld.co.us
III O 1555 N. 17th Avenue, Greeley, CO. 80631
� Phone: (970) 353-6100 Ext. 3537
COLORADO Fax: (970)304-6498
February 17, 2011
JLW Investment LLC —Jesse White
351 Glencoe Street
Denver, CO. 80220
Subject: AMUSR-1679 (Lot B RE-748; located in part of the NE4 of Section 18, T6N, R63W)
Dear Mr. White,
• Notice is hereby given that on Wednesday, March 2 at 9 a.m. or as soon thereafter as the agenda of the Board of
County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause
public hearing pursuant to Chapter 23, Article 11(2), Division 4, Section 23-2-270 of the Weld County Code. This
meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street,
Greeley, Colorado.
The purpose of this public hearing will be to review case number AMUSR-1679 for compliance with the
Development Standards as approved by the Board of County Commissioners on April 7, 2004 to determine if
probable cause exists to hold a hearing of revocation of AMUSR-1679.
Notice is hereby given that the property listed above, is not in compliance with AMUSR-1679 (Amended
Special Use Permit 1679).
Representatives of this office have determined that you are not in compliance with the following condition of
approval:
"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."
The following conditions of approval are 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
Department of Public Health and Environment (WCDPHE) indicating that the structure has been
constructed to meet this criteria.
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).
If it is determined at the public hearing that there is probable cause that you are not in compliance with
AMUSR-1679, the Board of County Commissioners will schedule a Show Cause public hearing to consider
revocation of the Use by Special Review permit.
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above
address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an
appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
C.114.4O
Chris Gathman
• Planner III
pc:
AMUSR-1679
•
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
• 1 8 6 1 - 2 a 1 I 1555 N. 17th Avenue
Greeley, CO 80631 >tleH
ealth
Web:http://www.co.weld.co.usidepartments/healthenvironment/
Health Administration Public Health&Clinical Envkoanantat Health Conmamicallon, Emergency Preparedness
Veal Records Services Tele:970.3046410 Tele:970.304.640 ServicesTele:970.304.6416 Education&Planning &Response Tee:970.304.6470 Tee:970.304.6420
W E L c N T Y Fax:970.304.6412 Fax 970.304 6416 Fax 970.304.6411 Falx 970304.6452 Fax 970.304.6469
Our as,on'Together wah the communities we serve,we we working to make Weld County the healthiest place to rne.ream work and play.
February 15, 2011
Jesse L.White
JLW Investments, LLC
1538 Wazee Street, Suite 200
Denver,CO 80202
Subject: Apollo Operating 15-18 1— 1't Semi-annual Inspection 201 l
Dear Mr.White:
On February 11,2011,the Weld County Dept.of Public Health& Environment conducted an inspection of the Apollo
Operating Class II Injection Disposal Facility,located at 33525 Highway 392,Weld County,Colorado. The purpose of
the inspection was to assess the facility's compliance with Site Specific Development Plan and the Amended Use by
Special Review Permit Number 1679 (AmUSR-1679)and the Weld County Code. The following needs to be addressed
• by Apollo Operating:
The facility is operating without the required secondary containment. Please note"prior to approval of pending building
permits"condition 1.J.of AmUSR-1679 regarding secondary containment construction still need to be satisfied.
Adequate drinking water,hand washing and toilet facilities have not been provided as required by Development Standard
6 of AmUSR-1679. Portable toilets are typically only allowed for temporary uses(seasonal and/or<6 months duration).
The above two areas of non-compliance were referred to the Weld County Department of Planning Services. A copy of
the inspection form and four(4)photos taken during the inspection are attached. If you have any questions regarding this
inspection,please contact me at 970-304-6415,extension 2219.
Sincerely, p
//4-7
am
Troy E. Swain
Environmental Health Specialist
Environmental Health Services
Attachments:(5)
cc: Chris Gattunan,Weld County Department of Planning Services(via e-mail with attachments)
Denise Onyskiw,COGCC, 1120 Lincoln St.,Ste.801,Denver,CO 80203(via e-mail with attachments)
•
INJECTION WELL INSPECTION REPORT CHECKLIST
•
FACILITY OWNER/OPERATOR: 1a 0� a 9 T/ L 37,vcSf
FACILITY NAME: A po u o FACILITY ID: 0S- 113-2,5-414 USR: j b 7
1 S-)43 x`/59 Ztq
DATE:2-1l-Z011 INSPECTION: QD WELL CLASS: If)
CONTACT PERSON: TV 55z j ,ht+- PHONE: �U3 g 0 X88
ADDRESS: (S 38 L,.�AzQ� S� 54- Zoa €-X-A-• Za3 � `")
Co go z..6--L30 3- 31(`I- 75-8G(ce")
FACILITY LOCATION: 33 5-z s- Nw(--\ 3 Z
TRUCK DELIVER1ES/DAY- )0_ \( BARRELS INJECTED/DAY- )UUU _ ( L(Uo
INJECTION PRESSURE: 50 •- psi (LIMIT j L 2 ptii i
3 5O11
SOLIDS/SEDIMENT DISPOSAL NAME: C 5 Y
PETROLEUM CONTAMINATED SOILS: GS T -w- kt>nk ON-SITE STORAGE: (DN cl°S`' 1"I
6-9e lay Ic.e k5
ClQ,t.,nS
CONDITION OF CONCRETE RECEIVING PAD: d tiQ«5 Plvi j ce-
LEAK DETECTION SYSTEM MONITORING: Y /6) 1)!71 FREQ/RECORDS:
GROUNDWATER MONITORING WELL CONDITION: Ok REPORTS:&Y'N (r1,!, X 45 eij "5)
r1 (?01
CHEMICALS STORED:Y Y N ak EMERGENCY RELEASES: Y ISDS: Y dv ≥)
Joel 1^eq.vZ
ENVIRONMENTAL SPECIALIST: --r,, -fb a� Se Ll-la•i‘eES.
PERSONS PRESENT AT TIME OF INSPECTION: L // � eS ce
Ch 5 tLf�y�«nv C�eUt 4 lun�,Yw f) , rG t (TRv1 $erg 6Vel) 1b/r'c („) K3 0
CURRENT CONDITIONS/COMMENTS: •p 1�7_eik re6ji,1-- "3� 3 1 } I • eG4.7
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• CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing, Docket#2011-25, was placed in the United States mail, first class mail, postage prepaid,
addressed to the following property owners.
DATED this 3rd day of June, 2011.
JESSE WHITE PARRY PEPPLER TRUSTEE
JLW INVESTMENT, LLC AND ELLA PEPPLER
351 GLENCOE ST 30771 COUNTY ROAD 68
DENVER CO 80220 GILL CO 80624
STATE OF COLORADO LINDSEY AND RUTH WILSON
SUITE 640 33830 COUNTY ROAD 61.5
600 GRANT ST GILL CO 80624
DENVER CO 80203
ROBERT WILSON
CORNISH PLAINS LIVESTOCK LLLP 33727 STATE HIGHWAY 392
1601 44TH AVE CT #1 GILL CO 80624
• GREELEY CO 80634
DAY MOBILE HOMES INC /]
37621 COUNTY ROAD 39 L 1 fvl l C! [U
EATON CO 80615 Deputy Clerk to the Board
RANDY AND ERIN HAMMERSTROM
33667 COUNTY ROAD 61.75
GILL CO 80624
CLIFFORD AND LINDA JUNG
33727 COUNTY ROAD 61.75
GILL CO 80624
DONALD LUTZE
33505 COUNTY ROAD 61.75
GILL CO 80624
KENT AND DEANNA MCDANIEL
33389 COUNTY ROAD 57
GILL CO 80624
• FRANCISCA PEDROZA OLIVA
101 21ST AVE #21
GREELEY CO 80631
AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 2
• AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 079918100021
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the
property being considered. This list was compiled utilizing the records of the Weld County Assessor
available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been
modified from the original. The list compiled from the records of the Weld County Assessor was
assembled within thirty days of the application's submission date.
oha if
Signature
6'z(//ii
Date
Property Owners Within 500 ft. of Parcel# 079918100021
NAME MAILING ADDRESS PARCEL IDENTIFICATION
600 GRANT ST STE 640
COLORADO STATE OF 079917200014
DENVER,CO 80203
1601 44 AVE CT#1
✓CORNISH PLAINS LIVESTOCK LLLP 079917200024
GREELEY,CO 80634
1601_44 AVE Cl
OR SH AI L ESTO LLL 079 9&389611"
GREELEY,CO 80634
37621 CR 39
DAY MOBILE HOMES INC 079918402004
EATON,CO 80615
/ HAMMERSTROM RANDY L 33667 COUNTY ROAD
V 61.75 079918100043
Additional Owners:
HAMMERSTROM ERIN R GREELEY,CO 80624
/ JUNG CLIFFORD L 33727 CR 61 3/4
079918100041
Additional Owners: GILL,CO 80624
JUNG LINDA L
33505 CR 61.75
• LUTZE DONALD 079918101001
GILL,CO 80624
LV5E-50-1 -
http://maps2.merrick.com/website/weld/setsql.asp 5/26/2011
AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2
GILL,CO 80624
• X05 CR 61 3/4 _
Lid EIDON 1LD 079918402003
GILL,CO 80624
/ MCDANIEL KENT J 33389 COUNTY ROAD 57
Additional Owners: 079907400025
MCDANIEL DEANNA R GILL,CO 80624
101 21 AVENUE NO 21
/OLIVA FRANCISCA PEDROZA 079918100022
V GREELEY,CO 80631
30771 COUNTY RD 68
✓ PEPPLER PARRY EARL 079918400006
GILL,CO 80624
30771 COUNTY RD 68
kElyrf1TPAY EA�L� 022
GILL,CO 80624
PEPPLER PERRY E TRUSTEE & 30771 CR 68
ELLA 079918100008
GILL,CO 80624
JWILSON LINDSEY C 33830 CR 61.5
Additional Owners: 079918100037
di WILSON RUTH MARION GILL,CO 80624
33727 HWY 392
WILSON ROBERT P 079918100024
GILL,CO 80624
•
http://maps2.merrick.com/website/weld/setsql.asp 5/26/2011
•
U.S. Postal ServiceTr.,
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PS Form 3800,June 2002 See Reverse for Instructions
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SENDER: COMPLETE THIS SECTION COMPIE tE THIS SEC HON ON DELIVER1
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4. Restricted Delivery?(Extra Fee) ❑yes
2. Article Number 7005 1820 0003 5225 0525
(Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 10289542-M-1840
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CERTIFIED MAILTM RECEIPT
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(Transfer from service label) — ——
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•
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(Transfer from service tabe17
PS Form 3811,February 2004
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^nide Number 7005 1820 0003 5225 0457
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2. Article Number 7005 1820 0003 5225 0464
(Transfer from service lade°
PS Form 3811,February 2004 Domestic Return Receipt 102595-04-IA-1540
•
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4. Restricted Delveyl(Extra Fee) O Yes
2. Article Number 7005 1820 0003 5225 0488
(Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
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t Ai 6 Y AND 12TH WII N
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2. Article Number 7005 1820 0003 5225 0495
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• 1861 - 2011 Memorandum
TO: Barbara Kirkmeyer, Chair
Board of County Commissioners
WEL DEC O UN T 7 FROM: Troy Swain,EH Waste Program
Coordinator,Department of Public L
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.
�BR
NOTE: 2 SIDED DOCUMENT L�i ten 52-_
aafl-P/17
Va0-1-
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— ls' 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
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 15`h. 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
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 E IT
I15 1035th 000, G 4228 CO 80631
0-356-4000, ext: 42281
cmpeters@co.weld.co.us
1
Christie Peters
Atom: 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
• fl rt i l i a
T f 0 ! 1 l Y
I
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
herewith 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. Der
1 16
Item LJ -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
service and cleaned;we expect to work through the weekend and have them set in the concrete containment by
lily 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
dire!
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
•
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1961 -201 ' MEMORANDUM
w EL c OUNTY TO: Weld County Commissioners
u DATE: June 14, 2011
FROM: Chris Gathman (€44.4,,
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
3)
"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 fora 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 7th, the contractor was
ready to pour the foundation for the building. On June 14th, 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.
•
•
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