HomeMy WebLinkAbout20101540.tiff • MEMORANDUM
( t "\ TO: Chris Gathman DATE: May 27, 2010
W I o FROM: Donald Carroll, Engineering Administrator
Clay Kimmi, P.E., CFM, Drainage Engineer
COLORADO Janet Carter, Traffic Engineer
SUBJECT: USR-1704 Heartland Renewable Energy, LLC
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, and
Geotechnical Report. 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
Weld County Arterial Roadway: WCR 49 is classified by the County is a Arterial
Roadway, which required a 140-foot right-of-way at full build out. There is presently an 80-
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.
Traffic Study: Weld County Public Works has received a Traffic Study for Heartland
Renewable Energy Shelton Site prepared and stamped by Eugene Coppola. After
reviewing the submitted traffic study the following comments have been prepared:
1. WCR 49 is an arterial road, which requires a 140-foot right-of-way at full build
out. The most current road counts for WCR 49 are 4334 AADT taken in January
of 2009.
2. WCR 40 is a local gravel road and requires a 60-foot right-of-way at full build out.
The most current road counts for WCR 40 are 146 AADT taken in August of
2008.
3. In the past 3 years there have been 5 traffic accidents at the intersection of 49 &
40 with 1 injury and 4 property damage only accidents.
4. The applicant has indicated that this site will produce 205 trips per day.
5. No parking or staging of commercial vehicles on the county road is allowed. Use
on-site parking area.
Drainage Report: The applicant submitted a preliminary drainage report dated April 15,
2010 and an addendum to the April 15. 2010 drainage report dated April 22, 2010. The
applicant's engineer has provided calculations showing that the preliminary volume of the
retention pond as required by CDPHE is a total of 26.0 ac-ft with 9.7 ac-ft being reserved
for the winter working volume and 16.3 ac-ft being for stormwater storage with 2 feet of
• Page 1 of 4
M:\PLANNING—DEVELOPMENT REVIEW\l1SR-Use by Special Review\USR-1704 Heartland Renewable Resources\USR-1704,
HeartlandRenewable Energy 5-27-10.docx
EXHIBIT
1 )� 2010-1540
9
uS2- ►- OV
freeboard. The applicant's engineer has provided calculations showing that the CDPHE
•
requirement for retention of the 25-yr, 24-hr rainfall event with 2 feet of freeboard is
approximately 90% of the runoff volume generated by the 100-yr, 24-hr rainfall event (17.9
ac-ft). Weld County Drainage Code requires retention ponds to be sized for 1.5 times the
100-yr, 24-hr event with 1 foot of freeboard. While the applicant's retention pond size does
not meet the Weld County Drainage Code, Public Works finds that the sizing of the
retention pond is acceptable based on the following reasons:
• The acceptance of retention pond sizing is for this project only and does not set
precedence for using the 25-yr, 24-hr design storm in other situations;
• The applicant owns all of the affected land that could be expected to be impacted in
the event of a release from the retention pond;
• The vicinity around the project site is currently agricultural and future urban type
development in the vicinity is not expected to occur;
• The Colorado Department of Public Health and Environment regulates Class I
Disposal Sites and has requirements for stormwater detention. The CDPHE also
regulates any discharges that may occur from the facility. The proposed retention
pond volume meets the CDPHE requirement.
Requirements to be included in the Resolution
Prior to Recording of the Plat:
Improvements Agreement and Collateral
1. The applicant shall enter into an improvements agreement according to Policy
Regarding Collateral for Improvements.
• 2. Public Works will require a right acceleration and right deceleration lane be constructed
on WCR 49 when traffic volumes meet the triggers of 25vph turning right into the facility
during a peak hour and 50vph during right out of the facility during the peak hour. This
requirement will be included in the Improvements Agreement. Prior to the start of
construction of the auxiliary lanes, final construction drawings will be required to be
reviewed and accepted by Public Works.
Drainage Report:
1. A final drainage report addressing all items in the preliminary and final drainage report
checklists shall be submitted. The final drainage report shall be signed, stamped, and
dated by a licensed professional engineer registered to practice in the State of Colorado.
The final drainage report shall address the redline comments that have been returned to
the applicant's engineer. The final drainage report shall incorporate the April 22, 2010
addendum to the preliminary drainage report.
2. Included with the final drainage report, the applicant shall submit a letter addressed to
David Bauer, Weld County Engineer, requesting a variance to the Weld County
Drainage Code regarding retention ponds.
a. A statement the request is not precedent setting and the applicant's engineer
realizes as such
b. The letter shall list all reasons for needing a variance including but not limited to:
i. State of Colorado CDPHE requirements
H. the fact that the adjacent land is owned by the applicant and the applicant does
not object to potential stormwater releases from the retention pond
Hi. The current land use is agricultural and urban type development is not
expected in the vicinity.
• Page 2 of 4
M:\PLANNING—DEVELOPMENT REVIEw\USR-Use by Special Review\uSR-1704 Heartland Renewable Resources\USR-1704,
HeartlandRenewable Energy 5-27-10.docx
iv. Any other reasons that the applicant and applicant's engineer feel are needed
•
to justify the variance request.
3. Final Construction drawings must be submitted for review and acceptance by Public
Works.
4. The applicant shall provide evidence from the Division of Water Resources stating
whether a substitute supply plan will be required to cover the capture and re-use of
stormwater runoff into the retention pond.
Prior to Construction:
Grading Permit:
1. The applicant shall be required to obtain a grading permit. The grading permit
application shall include the erosion and sediment control plan, proposed grading plan,
typical installation details of all BMPs to be utilized, installation and maintenance notes
for all BMPs to be utilized. Please note that early grading permits will not be issued
until collateral is posted and the plat has been recorded.
2. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a construction stormwater discharge permit from
the Water Quality Control Division of the Colorado Department of Public Health and
Environment. Evidence of the CDPHE approval shall be included with the grading
permit application.
3. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS
permit from the Colorado Department of Public Health and Environment, Water Quality
Control Division, to cover stormwater discharges from construction sites (5 CCR-1002-
61). Alternatively, the applicant can provide evidence from CDPHE that they are not
subject to CDPHE's requirements.
•
Prior to Commencement of Operations:
Entrance Improvements:
1. The applicant shall upgrade/pave the site entrance to WCR 49 for a distance of
approximately 300 feet west or 100 feet with two back to back cattle guards, adequate
turning radius, and stop sign. The depth of the asphalt and base are to be determined
by a geotechnical report that is to be provided with the final construction drawings that
are to be reviewed and accepted by Public Works prior to the start of construction
activities.
2. The remaining on-site gravel surface west of the entrance pavement shall be an all-
weather surface. The all-weather surface shall be recycled asphalt, or equivalent, and
shall provide adequate traffic and dust control throughout the facility. The access road
section shall be built to accommodate heavy hauling trucks, fire and emergency
response vehicles and accommodate two-way traffic.
Traffic Study:
1. The applicant shall install 60' radius curves at the site access to accommodate large
trucks turning at the site entrance. The 60' radius curves shall be shown on the final
construction drawings that will be reviewed and accepted by Public Works prior to the
start of construction activities.
2. Public Works requires that a left acceleration and deceleration lanes to mitigate for:
• Public safety -The 85111 percentile is 71 mph on WCR 49 and there have been 5
accidents in the past 3 yrs with 1 injury.
• Page 3 of 4
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1704 Heartland Renewable Resources\USR-1704,
HeartlandRenewable Energy 5-27-10.docx
•
relita MEMORANDUM
TO: CHRIS GATHMAN, DEPT OF PLANNING SERVICES
IFROM: TROY E. SWAIN
� SUBJECT: USR-1704, HEARTLAND ENERGY, WASTE TO
COLORADO FUEL & CLASS I COMMERCIAL COMPOSTING FACILITY
DATE: JUNE 21, 2010
Environmental Health Services has reviewed this proposal for Use by Special Review
Permit 1704 and Certificate of Designation for a Waste to Fuel Biogas Generation Plant
and Class I Composting Facility. We recommend that the following conditions be part of
any approval:
We recommend that the following requirements be met prior to allowing the plat to
be recorded:
• 1. Conditions of the Colorado Department of Public Health and Environment's April
7, 2010 recommendation of approval letter shall be addressed.
2. Prior to construction, Heartland Renewable Energy (HRE) shall submit to the
Division and Weld County for review and approval, a Construction Quality
Assurance and Quality Control Plan ("CQA/QC Plan"), technical specifications,
and construction drawings. The documents shall be submitted at least sixty (60)
calendar days prior to commencement of construction.
3. The facility shall demonstrate that they have filed Air Pollutant Emission Notices
(APEN) for all emissions points, including the filing of an APEN as an odorous
source, and obtained all required Construction Permits from the Colorado Dept. of
Public Health and Environment's Air Pollution Control Division, as required by
Colorado Air Quality Control Commissions Regulation Number 3. Evidence of
such shall be submitted in writing to the Weld County Department of Public
Health and Environment.
4. A fugitive particulate emissions control plan (dust control plan) shall be submitted
and approved by the Weld County Dept. of Public Health & Environment.
Development Standards:
1. The property owner or operator shall comply with the applicable sections of the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-
2) and be constructed, operated and monitored as detailed in the application
materials and conditions detailed the Colorado Dept. of Public health and
Environment's April 7, 2010 Design & Operations Plan approval letter.
2. Following construction, HRE shall submit to the Division and Weld County for
review and approval a construction certification report, which includes
construction record drawings, deviations from the approved plan, and results of
all testing and documentation requirements set forth in the CQA/QC Plan. The
construction certification report shall be submitted at least sixty (60) days prior to
acceptance of feedstock.
3. Volume records shall be maintained, which include waste material received,
wastes processed, solid waste shipped for disposal, material shipped for sale or
disposal, and the amounts of biogas produced or flared including tail gas
destructed. An annual report shall be submitted to the Weld County Department
• of Public Health & Environment and the Colorado Department of Public Health
and Environment (CDPHE) Hazardous Materials and Waste Management
Division by May first of each year.
4. The facility shall receive and process only those materials that are described in the
approved Design & Operations Plan. Currently Type 1 and Type 2 feedstock are
approved for acceptance. The Weld County Dept. of Planning Services, Weld
County Dept. of Public Health & Environment, and the Colorado Dept. of Public
Health & Environment shall be notified in writing of any additional materials
proposed for processing. Written approval to proceed with processing shall be
obtained prior to acceptance.
5. The property owner or facility operator shall notify the Weld County Department
of Public Health & Environment, Department of Planning Services and the
Colorado Department of Public Health and Environment in the event of any
deviations from or proposed changes to the facilities Design & Operations Plan.
6. The Colorado Department of Public Health & Environment, Weld County
Department of Public Health & Environment and the public shall be provided
with notification in the event of temporary or permanent closure. Upon closure,
the facility shall follow the closure plan portion of their approved Design &
Operations Plan.
•
2
7. The Solids Dewatering Building (structure number 50 from D&O Plan) shall be
used as the "soil amendment delivery building" during the initial 90 days of
production. The facility intends to apply for a waiver from the requirement to
construct a low permeability work pad. If the waiver request is denied, then
Heartland Renewable Energy (HRE) shall continue to use the Solids Dewatering
Building for storage of soil amendment, or HRE shall construct low permeability
work pads in the areas designated on the plans as "soil amendment storage."
Should low permeability work pads become necessary, the design details, and any
necessary revisions to the CQA/QC Plan must be submitted to the Division and
Weld County for review and approval prior to construction of any low
permeability work pads.
8. No permanent disposal of wastes shall be permitted at this site. Any liquid
waste, solid waste, and agricultural wastes shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
9. The facility shall comply with their approved groundwater monitoring plan.
Changes in approved feedstock may require revisions to the groundwater testing
• requirements and constituents analyzed.
10. The facility shall be constructed, maintained, and operated to ensure that
contamination of soil and groundwater does not occur.
11. All below ground structures shall be double lined and equipped with a leak
detection system. Records of leak detection systems operation, maintenance, and
observations shall be kept and made available upon request.
12. Above ground waste receiving, storage, and processing tanks shall have
impermeable secondary containment. The volume retained by the secondary
containment shall be at least 110% of the volume of the largest tank inside the
containment.
13. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
The facility shall comply with their approved particulate emissions control plan.
14. The facility shall operate in compliance with applicable Colorado Air Quality
Control Regulations and comply with any permits issued by the Air Pollution
Control Division.
•
3
•
15. Exhaust removal systems shall be installed when necessary for enclosed areas and
dust producing processes and equipment. Visible stack emissions from exhaust
removal, material processing, and any combustion source shall not exceed 20%
opacity (measured in accordance with EPA Reference Method 9). There shall be
no visible emissions from any building openings (measured in accordance with
EPA Reference Method 22).
16. In accordance with the Colorado Air Quality Control Commissions Regulation
Number 2, odor detected off site shall not exceed the level of seven-to-one (7:1)
dilution threshold.
17. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times.
18. An individual sewage disposal system (I.S.D.S.) is required to dispose of sewage
from the facility. Any I.S.D.S. on the property shall be permitted, installed,
maintained and operated in compliance with Weld County Code pertaining to
I.S.D.S. No process wastewater may be disposed of in this system.
• 19. Process wastewater (such as floor drain wastes) and laboratory wastewater shall
not be disposed of through the facilities I.S.D.S. These wastes shall be collected
and disposed of in accordance with the Colorado Water Quality Division and U.S.
Environmental Protection Agency regulations.
20. The facility shall comply with the Colorado Dept. of Labor and Employment
Division of Oil and Public Safety's Storage Tank Regulations (7 CCR 1101-14).
Secondary containment shall also be required for any container holding fuel or oil
with a volume greater than 50 gallons. The volume retained by the secondary
containment shall be at least 110% of the volume of the largest tank inside the
containment. Alternative protective measures may be allowed for regulated tanks,
provided they comply with the storage tank regulations. A copy of any Spill
Prevention, Control and Countermeasure Plans shall be provided to the Weld
County Department of Public Health and Environment.
21. There shall be no discharge of process wastewater or collected stormwater off
property, except those discharges allowed by the Colorado Dept. of Public Health
& Environment's Water Quality Control Division and/or a Colorado Discharge
Permit System (CDPS) discharge permit.
22. The applicant shall obtain stormwater discharge permit coverage for construction
activities from the CDPHE Water Quality Control Division.
•
23. The facility shall be operated and maintained in a manner to prevent nuisance
conditions from the attraction, breeding and emergence of birds, rodents, insects
and other vectors. Additional control measures shall be implemented at the
request of the Weld County Department of Public Health & Environment
24. The facility shall adhere to the maximum permissible noise levels allowed in the
Light Industrial Zone as delineated in Section 14-9-30 of the Weld County Code.
25. Waste materials, not specifically addressed by other development standards, shall
be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
26. This facility shall comply with the health laws, standards, rules, and regulations of
the CDPHE's Hazardous Materials and Waste Management Division, Water
Quality Control Division, and Air Pollution Control Division. The facility shall
also comply with all local laws, ordinances, and Certificate of Designation
conditions.
•
•
5
wen County rianning uepar<mem
GREELEY OFFICE
MEN` n 34nln
OF s CO<O DEPARTMENT OF NATURAL RESOURCES
• �� '�$, DIVISION OF WATER RESOURCES
e
IN ���
* '�
'
\it 11,/ Bill Ritter,Jr.
1896 � Governor
`*
James B.Martin
April 28, 2010 Executive Director
Dick Wolfe,P.E.
Director/State Engineer
Mr. Chris Gathman
Weld County Planning Department
918 10th Street
Greeley, Co 80631
Re: Heartland Renewable Energy, LLC-A Site Specific Development Plan and Use by
Special Review Permit for a solid water disposal site and facility (including Class I
composting) an animal waste recycling or processing facility (anaerobic digester-
based renewable energy plant(gas)) along with a concrete batch plant to be used for
construction of the facility in the A (Agricultural) Zone District
Case No. USR-1704
SE1/4 Sec. 25, T4N, R65W, 6th P.M.
Water Division 1, Water District 2
Dear Mr. Gathman:
•
We have reviewed the above referenced proposal for an anaerobic digester-based
• renewable energy plant for the primary purpose of producing grade natural gas from cattle manure
and other organic waste streams. Our office previously commented on this proposal by our letter
dated June 23, 2009. The only change identified in this referral is the addition of the concrete batch
plant. During construction of the digester facility,a concrete batch plant will be operated on-site for
all concrete structures including digesters units, building formations, and slabs and is critical to the
construction of the digesters with stringent batch specifications.
Since the submitted material does not appear to qualify as a "subdivision" as defined in
§30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to
county planning directors, this office will only perform a cursory review of the referral information
and provide comments. The comments will not address the adequacy of the water supply plan for
this development 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 the physical
availability of water.
According to the submitted information, potable water will be supplied by a proposed
commercial exempt well however, no permit number was identified. As mentioned in our previous
letter the applicant obtained a commercial exempt permit no. 280709 for drinking and sanitary
purposes only in an individual commercial business. The permit allows an average annual
withdrawal of 1/3 acre-feet (108,600 gallons) per year at a pumping rate of 15 gallons per minute.
Water from the well cannot be used for lawn or landscape irrigation or for any other purpose
outside the business building structure. Well no. 280709 cannot be used for processing for the
anaerobic digester energy plant until such time as the well owner obtains a court approved
• augmentation plan for the well and the well is re-permitted for those uses pursuant to the
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
Weld County Planning Department Page 2
Heartland Renewable Energy, LLC USR-1704
April 28, 2010
alaugmentation plan. The well can be used strictly for drinking and sanitary purposes at the site as
long as the annual withdrawal and pumping rate specified on the permit are not exceeded.
In addition to the commercial well, the applicant indicated that a water tap from the Central
Weld County Water District ("District") is also available. A letter from the District dated February 25,
2010 indicates that the District can serve the property provided all requirement of the District,
Northern Colorado water Conservancy District and the U.S. Bureau of Reclamation are satisfied.
Our office has no comments regarding the District's ability to serve this property.
As in the previous referral the applicant indicated that water for processing for the
anaerobic digester energy plant will be from adjacent or local dairies and feedlots. Note, that if
water for processing for the anaerobic digester energy plant is proposed to be used from the
adjacent dairies and feedlots the applicant needs to demonstrate that the water is permitted or
decreed for such industrial use.
If you have any questions in this matter, please contact loana Comaniciu of this office.
Sincerely,
/ S
Joan a Williams, P.E.
• at- Resource Engineer
Cc: Jim Hall, Division Engineer
Scott Edgar, Water Commissioner, Water District 2
JMW/IDC/Heartland Special Use Veld)
•
MOLLY SOMMERVILLE BUCHANAN, P.C.
Molly S. Buchanan 1580 Lincoln Street, Suite 700
msb@msbuchananlaw.com Denver CO 80203
• Telephone: 303.825.0416
Fax: 303.825.3202
May 10, 2010
Via e-mail and Federal Express
Chris Gathman
Planning and Building Department
1555 N. 17th Avenue
Greeley, Colorado 80631
Re: Heartland Renewable Energy, LLC/ USR-1704
Township 4 North, Range 65 West
Section 25: SE/4 (portion)
Weld County, Colorado
Dear Chris:
Weld County has received an application for a site specific development plan and use by
special review permit for a solid waste disposal site and facility from Heartland Renewable
Energy, LLC ("Applicant") for property in Weld County described as a portion of the SE/4 of
• Section 25, Township 4 North, Range 65 West ("Property").
This law firm represents Anadarko Land Corp. and Anadarko E&P Company LP
(together the "Anadarko Entities") and Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee")
with respect to applications for development that the Applicant files with the County that include
the Property. The Anadarko Entities own all of the minerals that underlie the Property, and Kerr-
McGee owns certain oil and gas leasehold interests in the Property.
Please find enclosed a letter dated May 10, 2010 entitled "Notice of Oil and Gas Interests
owned by Anadarko Land Corp., Anadarko E&P Company LP and Kerr-McGee Oil & Gas
Onshore LP and Objection" which I ask that you provide to the Planning Commission and the
Board of County Commissioners to be made a part of the record in the proceedings.
Please send notices of future hearings on applications filed in connection with this matter
pursuant to C.R.S. § 31-23-215, C.R.S. § 24-6-402 (7) and C.R.S. § 24-65.5-101, et. seq. to the
Anadarko Entities and Kerr-McGee as follows:
•
Chris Gathman
May 10, 2010
Page 2
• Anadarko Petroleum Corporation
Attention: Terry Enright
1099 1e Street, Suite 1800
Denver, Colorado 80202
Anadarko Land Corp.
Post Office Box 9149
Houston, Texas 77387-9147
Attention: Manager, Property and Rights-of-Way
Thank you for your consideration in this matter. If you have any questions, please call
me.
Best regards,
Molly Sommerville Buchanan,P.C.
Molly S. Buchanan
Enclosure
• cc: Marla Jones, Esq.
Terry Enright
Don Ballard
Barry Myhr/Noble Energy, Inc.
Tom Kremer/ for Applicant
•
MOLLY SOMMERVILLE BUCHANAN, P.C.
Molly S. Buchanan 1580 Lincoln Street, Suite 700
msb@msbuchananlaw.com Denver CO 80203
Telephone: 303.825.0416
• Fax: 303.825.3202
May 10, 2010
Via e-mail and Federal Express
Members of the Board of County Members of the Planning
Commissioners for Weld County Commission for Weld County
1555 N. 17th Avenue 1555 N. 17th Avenue
Greeley, Colorado 80631 Greeley, Colorado 80631
NOTICE OF OIL AND GAS INTERESTS OWNED BY ANADARKO LAND CORP.,
ANADARKO E&P COMPANY LP AND ICERR-McGEE OIL & GAS ONSHORE LP
AND OBJECTION
Re: Heartland Renewable Energy, LLC/ USR-1704
Township 4 North, Range 65 West
Section 25: SE/4 (portion)
Weld County, Colorado
• Ladies and Gentlemen:
This notice and objection letter is submitted on behalf of Anadarko Land Corp. and
Anadarko E&P Company LP (together the "Anadarko entities") and Kerr-McGee Oil & Gas
Onshore LP ("Kerr-McGee") with respect to the application that has been filed with Weld
County ("County") by Heartland Renewable Energy, LLC ("Applicant") for the approval of an
application for a site specific development plan and use by special review permit for property
described as a portion of the SE/4 of Section 25, Township 4 North, Range 65 West in Weld
County ("Property"). The Anadarko entities own all of the minerals that underlie the Property,
and Kerr-McGee owns oil and gas leasehold interests that underlie the Property.
The Anadarko entities and Kerr-McGee hereby give notice to the County of the oil and
gas interests and leasehold interests they own under the Property and object to the approval of a
final application for development until an agreement is reached among the Anadarko entities,
Kerr-McGee and the Applicant with respect to their oil and gas interests and leasehold interests.
The following are comments in support of this Notice and Objection:
1. The Oil and Gas Interests Owned by the Anadarko Entities and Kerr-McGee.
The Anadarko entities or a predecessor or affiliate company granted oil and gas leases for
the Property, interests in which are currently owned by Kerr-McGee and Noble Energy, Inc.
("Noble"). Records at the Colorado Oil and Gas Conservation Commission reflect that there are
•
Members of the Board of County Commissioners and Planning Commission
for Weld County
May 10, 2010
Page 2
six producing wells in the SE/4, three of which are located on the Property and all of which are
operated by Noble.
2. There is Clear Statutory Authority and Direction for the County to Take Into Account the
Rights of Mineral Interest Owners in Its Consideration of Applications for Development.
The State of Colorado recognizes the important rights of mineral owners and lessees in
C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and the
surface estate are interests in land and that the two interests are "separate and distinct." The
subsection specifically recognizes that the owners of subsurface mineral interests and their
lessees have "the same rights and privileges as surface owners."
Note also that C.R.S. § 24-65.5-101 et. seq. requires that applicants for development
approvals give notice to mineral estate owners of hearings to be held before local jurisdictions on
applications for development and that the developer certify that he has given the required notice
as a condition to the approval of the application by the local jurisdiction.
3. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard to
the Rights of the Other.
Colorado case law provides that the mineral owner has the right of reasonable access to
• and use of the surface estate to extract minerals,' and case law and Colorado statutes provide that
the mineral estate owner and the surface estate owner are to give due regard to the rights of the
other and reasonably accommodate each others rights.
Union Pacific Railroad Company gave a deed to F. Magner dated November 21, 1911
and recorded December 29, 1911 in Book 346 at Page 537 in which it reserved the minerals. The
Railroad granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed
dated April 1, 1971 and recorded April 14, 1971 in Book 644 at Reception No. 1565712.
Applicant had record notice at the time it acquired its interests in the Property that the minerals
were severed from the surface estate and that it received less than the entire interest in the
Property.
4. An Action by the County to Approve the Application May Amount to a Regulatory
Taking within the Meaning of the State and United States Constitutions.
Action by the County to approve an application for surface development may constitute a
regulatory taking, especially where the operator is deprived of all economically viable use of
land or his investment-backed expectations to develop his property.2
'See Frankfort Oil Company v. Abrams,413 P.2d 190(Colo. 1966). Note also, Gerrity Oil&Gas
Corporation v. Magness, 946 P.2d 913 (Colo. 1977)for the principle that the owners of both estates must exercise
their rights in a manner consistent with one another.
•
See, for example, Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct. 2886, 120 L.Ed.2d
798 (1992).
Members of the Board of County Commissioners and Planning Commission
for Weld County
May 10, 2010
Page 3
• 5. The Anadarko Entities and Kerr-McGee Have Entered into Many Agreements with
Developers.
The Anadarko entities have extensive mineral interests throughout Colorado where the
surface estate and the mineral estate have been severed, and Kerr-McGee has numerous oil and
gas leasehold interests throughout the State. The Anadarko entities and Kerr-McGee have
successfully worked with many parties who wish to develop the surface estate in order to assure
the compatible development of the surface and the mineral estates.
The Anadarko entities, Kerr-McGee and Noble have made several attempts to discuss a
surface use agreement with the Applicant; however, the Applicant has not been responsive.
Because no agreement has been reached among the parties and in order to protect their interests,
the Anadarko entities and Kerr-McGee object to the application and request that the County
make any approval of a final application for development for the Property conditioned upon an
agreement among the Anadarko entities, Ken-McGee, Noble and the Applicant.
Very truly yours,
Molly Sommerville Buchanan, P.C.
• Molly S. Buchanan
Enclosure
cc: Marla Jones, Esq.
Terry Enright
Don Ballard
Barry Myhr/Noble Energy, Inc.
Tom Kremer/ for the Applicant
•
1625 Broadway y� noble
Sods 2200 . energy Wefd County Planning Department
Denver,Colorado 80202 GREELEY OFFICE
• Tot:303.228.4000 IUN ?.4 �mn
Fax: 303.228.4280
June 22,2010 RECEIVED
Delivered Via:
Email:kranslem@co.weld.co.us
Fax:(970)304-6498
Certified Mail: 7010 0290 0003 0933 8474
Weld County Colorado
Department of Planning Services
Attn:County Planner
1555 N 17i°Avenue
Greeley,CO 80631
Re: Heartland Renewable Energy,LLC-Applicant
Township 4 North,Ranee 65 West,6th P.M.
Section 25: Pt.SE/4
Weld County,Colorado
To Whom It May Concern:
Pursuant to receipt of notice for Weld County Planning Commission Hearing to be held July 6, 2010 and Weld
1 County Board of County Commissioners Hearing to be held July 21, 2010 covering Heartland Renewable Energy,
• LLC (the "Applicant") proposed Site Specific Development Plan and Use by Special Review Permit for a solid
waste disposal site and facility(USR)covering the captioned lands("Property"), Noble Energy,Inc.("Noble")as a
leasehold mineral interest owner, with rights to develop oil and gas wells("Wells")on portions of the Property,has
concerns about the impact the proposed USR will have on its ability to produce, operate and maintain the Wells,
pipelines and access routes on the Property. Noble has had direct discussions with the Applicant,but to date,has not
finalized an agreement.
Noble requests assurance from the Town of Louisville,that the proposed development will not preclude Noble from
producing, operating, drilling and maintaining its Wells, related pipelines and access routes. Until this matter is,
resolved by agreement with the Applicant or absent an agreement, Noble is not waiving its rights as a leasehold
mineral owner. Any approval of the proposed development should be conditioned upon the preservation of Noble's
real property rights.
Noble respectfully requests that these comments be entered into the record for the proposed USR and that we
continue to be provided with advance notice of all other hearings affecting the Property. If you have any questions,
please feel free to contact the undersigned at(303)228-4020.
Sincerely,
NOBL Y, INC.
erndt"Barry"Myhr,CPL
Special Projects Coordinator
cc: Dave Padgett
Curt Moore
•
v
• STATE OF COLOFADO
Bill Ritter,Jr.,Governer
Martha E Rudo ph,Executive Director A.:pc.Coto
Dedicated to protecting and improving the hoalth and environmenl of the people of Colorado 5r '
4300 Cherry Creek Dr,S. Laboratory Services Division *Kr *
Denver,Colorado 80246-1530 8100 Lowry Blvd_ e. }
Phone(303)692-2000 Denver,Colorado 80230.6928 f 8'7B
TDD Line(303)691-7700 (303)692.3090
Colorado Department
Located in Glendale,Colorado of Public Health
http://www.cdphe.state.co.us and Environment
Certified Mail # 7007 0220 0001, 012 7940
Return Receipt Requested
April 7, 2010
Weld County Commissioners
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
• Re: Final Agency Action: Certificate of Designation Recommendation of
Approval with Conditions • Waste to Energy Design and Operation Plan Revision #3
heartland Renewable Energy, LLC
Weld County, Coloutdo
Dear Honorable Commissioners,
The Colorado Department of Public Health and Environment ("CDPHE"), Hazardous Materials
and Waste Management Division of("the Division") received on April 21, 2009 one copy of a
Certificate of Designation("CD") Application entitled "Waste to Energy Design and Operation
Plan for Heartland Renewable Energy, LLC"("the DOP") dated April 2009, submitted and
prepared by AGPROfcssionals, LLC ("AGPRO"). On May 15, 2009 via c-mail,the Division
received official notification from the Weld County Department of Planning Services requesting
the Division begin reviewing the document. The Division conducted a completeness review in
accordance with procedures outlined in the Solid Waste Act("Act"), CRS 30-20-101.5 et seq.,
and corresponding Regulations Pertaining to Solid Waste Sites and Facilities,6 CCR 1007-2,
Part 1 ("the Solid Waste Regulations"). In a letter dated May 27, 2009 the Division notified
Heartland Renewable Energy, LLC ("HRE") that the DOP, as submitted, was incomplete. On
June 18, 2009, the Division received one copy of Revision i#1 to the DOP dated June 15,2009.
In its letter dated July 1, 2009 the Division notified l-[RE that the revised DOP was determined to
be complete.
s
April 7,2010
Weld County Commissioners
Final Agency Action: Certificate of Designation Reconunendation of
ID Approval with Conditions—Waste to Energy Design and Operation Plan Revision#3
Heartland Renewable Energy,
Weld County,Colorado
Page 2
The Division conducted its comprehensive technical review of Revision#1 of the DOP pursuant
to the procedures outlined in the Act and the Solid Waste Regulations. The Division's
preliminary comments and requests for additional information regarding Revision#1 were
provided in its letter dated July 13, 2009. In response to the Division's July 13th letter, AGPRO
prepared Revision#2 to the DOP dated September 15, 2009. Revision#2 was received by the
Division on September 22, 2009. On September 27, 2009 the Division published a notice in The
Greeley Tribune requesting public comments on the DOP. The public comment period ended
October 27, 2009 with the Division receiving no comments.
After reviewing Revision 112, the Division provided comments in a letter dated November 12,
2009. In a letter dated December 7,2009, AGPRO provided responses to the Division's
November 12111 comments. The Division requested additional information and clarification via
electronic mail dated December 18, 2009. The Division received via c-mail on January 12,2010
and via regular mail on January 14, 2010 a letter dated January 11, 2010 from AGPRO which
provided written responses and updated drawings. In its letter dated February 1,2010,the
Division approved, with modifications, the AGPRO letters dated December 7,2009 and January
11, 2010. and the revised drawings dated January 6, 2010. The Division required HRE to submit
an updated DOP to the Division Cor its review and approval.
• On March 2(i, 2010 the Division received Revision :13 to the DOP dated March 19, 2010
("Revised DOP"). The Division has reviewed the Revised DOP for technical merit. It is the
determination of the Division that the proposed facility can comply with the technical,
environmental, and public health standards in the Act and corresponding Solid Waste
Regulations if the facility is constructed, operated, and monitored as detailed in the Application,
and with the conditions of the Division as stated in this letter. Based on this assessment,the
Division recommends, as final agency action, that this facility may be approved by Weld
County, with the conditions set forth herein and with any additional local restrictions. The
Division's approval of the Application has the following conditions that shall be incorporated
into the CD when and if issued by Weld County. Please note that certain conditions listed below
are included in the Revised DOP but are repeated herein for emphasis.
1. Prior to construction, EIRE shall submit to the Division and Weld County for review and
approval, a Construction Quality Assurance and Quality Control Plan("CQA/QC Plan"),
technical specifications, and construction drawings. The documents shall be submitted at
least sixty(60) calendar days prior to commencement of construction.
2. Following construction, HRE shall submit to the Division and Weld County for review
and approval a construction certification report,which includes construction record
drawings,deviations from the approved plan, and results of all testing and documentation
requirements set forth in the CQA/QC Plan. The construction certification report shall be
submitted at least sixty(60)days prior to acceptance of feedstock.
•
April 7,2010 c;
Weld County Commissioners
Final Agency Action: Certificate of Designation Recommendation of
• Approval with Conditions Waste to Energy Design and Operation flan -Revision#3
Heartland Renewable Energy.LLC
Weld County,Colorado
Page 3
3. Section 3.0(1)(1), Run-on, Run-off, includes the following statement: "The attached site
map, indicates the preliminary grading contours and demonstrates how all runoff will
flow toward a storm water retention pond to be constructed in the northwest corner of the
property. " The "attached site map"refers to Sheet D-1, Revision #6 dated March 4,
2010 included at the end of the Revised l)OP.
4. Section 3.0(E)(2), Wastewater Ponds, includes the following statement: "These ponds
will be devigned in accordance with Section 9 of the Solid Waste Regulations as Class II
impoundments. The Groundwater Monitoring Plan has been implemented and
groundwater monitoring wells are located to enable detection and assessment of the
controlled seepage impact on groundwater. " Sheet MW-I in the Groundwater
Monitoring Plan shows existing monitoring well MW-2 within the footprint of a
proposed reject-water storage pond. AGPRO has informed the Division the HRE plans
to keep MW-2 at its current location and reconfigure/relocate the reject-water storage
pond to avoid MW-2. The Division requires MW-2 to be located immediately down-
gradient from (ic., as close as practical to) the reconfigured/relocated northern-most
reject-water storage pond. Following the installation of proposed groundwater
• monitoring wells MW-4 and MW-5, EIRE must submit boring logs and well completion
information to the Division and Weld County.
5. Section 3.0(E)(5). Low Permeability Workpad, includes the following statement: "A
non-permeable work pad will be located in the soil amendment delivery building where
the dc-watered digestate (soil amendnrerrt) will be contained after removal from the
digesters, and prior`,to being relocated to the soil amendment storage area This non-
. permeable concrete pad and delivery building will contain daily batches of the initial 90-
days of production of de-watered digestate, and will allow for adequate storage of this
product while it is being analyzed A waiver request for a lot permeable work pad
for the area designated as soil amendment storage will be submitted to the Division and
WCDPHE for approval, to he supported by the fill analysis of the de-watered digestate
product," As a matter of clarification, FIRE has indicated that it intends to use the Solids
Dewatering Building(structure number 50) as the "soil amendment delivery building"
during the initial 90 days of production. lithe waiver request is denied,then HRE shall
continue to use the Solids Dewatering Building for storage of soil amendment,or HRE
shall construct low permeability work pads in the areas designated on the plans as"soil
amendment storage." Should low permeability work pads become necessary,the design
details, and any necessary revisions to the CQA/QC Plan must be submitted to the
Division and Weld County for review and approval prior to construction of low
permeability work pads.
•
April 7,2010
Weld County Commissioners
Final Agency Action: Certificate of.Designation Recommendation of
•
Approval with Conditions—Waste to Energy Design and Operation Plan •Revision iO
Heartland Renewable Energy, I.I.C
Weld County,Colorado
Page 4
6. Sections 4.0((3)(1)and (2), Inputs/Feed Stock, includes the following statement: HRE's
digester*ally tt'ill not accept hiosolids, or any other solids,processed solid waste, or
sludge other than those described above at this time.....11owever, at such time that a Type
Ill[sic]feedstock could be beneficially used in the digestion process, FIRE shall provide
all necessam documentation and request approval to accept the Type III[sic]feedstock"
The Division considers all of the proposed feedstock listed in Section 4.0(B)(2)of the
Revised D0I' as Type 1 and Type 2 as defined in Section 14.1.4 of the Solid Waste
Regulations. As such, the proposed .FIRE facility is not currently approved to accept
Type 3 feedstock. Section 14.1.4 of the Solid Waste Regulations defines Type 3
feedstock as: "Riosolids, solid waste,processed solid waste. and sludges. " Should FIRE
desire to accept certain Type 3 feedstock material in the future,HRE is required to update
the facility's waste characterization plan pursuant to the requirements specified in Section
14.6.1(C) of the Solid Waste Regulations. The acceptance of Type 3 feedstock would be
considered a significant change as defined in Section 1.3.9 of the Solid Waste
Regulations. The updated waste characterization plan requires approval from the
Division and Weld County prior to acceptance of Type 3 feedstock.
7. The Division approves the list of constituents presented in Table 1 on page 5 of the
• Groundwater Monitoring Plan. Because the Revised D0P limits the feedstock to Type 1
and Type 2 material,the Division agrees with the assessment of AGPRO that it is
unnecessary to test ground water for total organic halogen, phenolic compounds, and
organic constituents listed in Appendix lB of the Solid Waste Regulations. Should HRE
seek approval for certain Type 3 feedstock in the future, the Division may require
revisions to the groundwater testing requirements.
8. The facility shall comply with the health laws, standards, rules, and regulations of
CDPFIE's Hazardous Materials and Waste Management Division, Water Quality Control
Division, and Air Pollution Control Division. The facility shall also comply with all local
laws, ordinances, and Cl) conditions.
As required by the Act, 30-20-I 04(3)(a) and (3)(b), Weld County is obligated to notify its
citizens and conduct a public hearing regarding the proposed solid waste facility. Please forward
a copy of the County's final resolution concerning the CD issuance or denial to the Division.
The Division is authorized to bill for its review of technical submittals pursuant to Section 1.7 of
the Regulations. An invoice for the Division's review of the Revised D0P will be transmitted to
Heartland Renewable Energy, LLC under separate cover.
Should you have questions or comments,please call Curt Stovall at(303) 692-2295 or Roger
Doak at (303) 692-3437.
•
April 7,2010
Weld County Commissioners
Final Agency Action: Certificate of Designation Recommendation of
• Approval with Conditions Waste to linergy Design and Operation Plan Revision#3
Heartland Renewable Energy, I.1.C
Weld County,Colorado
Page 5
Sincerely,
Curt Stovall, P.E. Roger Doak
Environmental Protection Specialist Permitting Group Unit Leader
Solid Waste and Material Management Unit Solid Waste and Material Management Unit
Solid and Hazardous Waste Program Solid and Hazardous Waste Program
Cc: Gary Beers— Water Quality Control Division
Chris Gathman _. Weld County Department of Planning Services
George Howard —Heartland Renewable Energy, L,LC
Tim Naylor -• AGPROfessionals, I,LC
Dana Podcll- Air Pollution Control L)ivsion
Troy Swain — Weld County Health Department
Phyllis Woodford— Office of Environmental Innovation and Sustainahility
• SW/WLD:1IRI ?.1
S
Hello