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Home My WebLink About20073198 Weld County Planning Department C\ CREELFY OFFICE.. ti5 dirliNOV 1 5 2005 lIl MEMORANDUM RECEIVE D TO: Chris Gathman, Planning Services DATE: November 14, 2005 COLORADO FROM: Donald Carroll, Engineering Administrator 6ti SUBJECT: USR-1534, Duke Energy Field Services The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: Weld County Strategic Roadway: (December 2002) Two Rivers Parkway (WCR 27) is classified by the County is a Strategic Roadway, which requires a 140-foot right-of-way at full build out. The applicant shall verify the existing right-of- way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. (WCRs 7, 9.5, 11, 13, 22, 24, 27, 37, 49 and 74) Weld County Road Classification Plan (FHU): (June 2002) Two Rivers Parkway (WCR 27) is a major arterial road, which requires a 140-foot right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. •QUIREMENTS: Access: The applicant is indicating direct access on to Two Rivers Parkway. This will be at limited use, approximately one hour per day with no public access. The access width requirements for emergency equipment (fire department) are a minimum of 20 feet. The applicant indicated that it has been cleared with the fire department and emergency services that the width of the access and lane shall be adequate for emergency purposes. The applicant shall provide documentation to that effect. The right-of-way or easement shall be a graded and drained road to provide an all-weather access. Road Access Policy: (Policy Established Sec. 8-2-10) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. acking Pad: The applicant needs to install a tracking pad on the access road to prevent the tracking of mud or debris n to the paved surface of Two Rivers Parkway. pc: USR-1534 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1534.doc EXHIBIT 11 2007-3198 ' 1 Weld County Pla1nningbIDepartmer \RELEY OFFCE NOV 2005 • Kik MEMORANDUM RECEIVED a TO: CHRIS GATHMAN, PLANNING SERVICES IFROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH C O7 CSUBJECT:USR-1534E 5 DUKE ENERGY FIELD SERVICES COLORADO CC: Environmental Health Services has reviewed this proposal for an oil and gas support and service facility (gas processing facility). We have no objections to the proposal, however, we do 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. The applicant shall submit evidence of an Air Pollution Emission Notice • (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. 2. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 3. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). • • We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan". • 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. 7. Bottled water shall be utilized for drinking when employees are on site. 8. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). 9. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. • 2 • _ Weld County Referral (tall October 28, 2005 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Duke Energy Field Services Case Number USR-1534 Please Reply By November 28, 2005 Planner Chris Gathman Project A Site Specific Development Plan and Special Review Permit for a mineral resource development facility including an oil and gas support and service facility (gas processing facility) in the A (Agricultural)Zone District Legal Part N2N2SW4 of Section 29, T5N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to Two Rivers Parkway and approximately Y mile north of 49th Street. • Parcel Number 0959 29 000021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) January 3, 2006 ❑. YVe have reviewed the request and find that it does/does not comply with our Comprehensive Plan 2 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. //II /J • Comments: / /p n ,�QUyo/L) 9 W f0ln/7&)49 liJ7�� lll///P 1-clid, (o U`l, z/a &J c nn /• Signature list ti Date C Agency ?Moly fiC-encil arl-o .l +Weld County Planning Dept. +918 10'"Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • • Weld County Referral Weld County Planning Department GREELEY OFFICE October 28, 2005 NOV 0 2005 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Duke Energy Field Services Case Number USR-1534 Please Reply By November 28, 2005 Planner Chris Gathman Project A Site Specific Development Plan and Special Review Permit for a mineral resource development facility including an oil and gas support and service facility (gas processing facility) in the A (Agricultural)Zone District Legal Part N2N2SW4 of Section 29, T5N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to Two Rivers Parkway and approximately Y2 mile north of 49th Street. • Parcel Number 0959 29 000021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) January 3, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: • Signature Date /// Agency c4O (1 n'r /--r Stl&eLfs oi-G-"lc +Weld County Planning Dept. ❖918 10'"Street, Greeley, CO. 80631 ❖(970)353-6100 ext.3540 t(970)304-6498 fax Weld County Sheriffs Office M e mo To: Chris Gathman From: Ken Poncelow CC: Date: November 1,2005 Re: USR-1534 The Sheriffs Office approves this plan. Please notify the developer/owner that the Sheriffs Office would be willing to assist in the development of a security plan for the site free of charge. If this is of interest, please have them contact me. • • 1 • (MIS • tl County Planngf4 0county Referral CREELEY OFFICE 11 I October 28, 2005 Nov A = 7005 C. RECEIVED COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Duke Energy Field Services Case Number USR-1534 Please Reply By November 28, 2005 Planner Chris Gathman Project A Site Specific Development Plan and Special Review Permit for a mineral resource development facility including an oil and gas support and service facility (gas processing facility) in the A(Agricultural)Zone District Legal Part N2N2SW4 of Section 29, T5N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to Two Rivers Parkway and approximately 1/2 mile north of 49`" Street. • Parcel Number 0959 29 000021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) January 3, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. • Comments: • Signature Date \\—\— 0 5 Agency 6, to +Weld County Planning Dept. ❖918 10'"Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Applicant: Duke Energy Field Services • Planner: Chris Gathman Case#:USR-1534 .„w 29 32 w 3 CR ez 47 52 • �4� \ J 0.4 0 0.4 0.8 Miles Weld County Referral Map ' Highways N Major Roads /V Local Roads \ / A/V Railroads W r E A/ Streams&Ditches Lakes Floodplains S . . o • e E , / J o �� Ta § © o 22a) t & a e w 7 ca al �ra 2 �• � % 2 — o � . ■ o @ - E >. al 0 >->- Z 2 �/ � E c co U ®CO �'0 � in .L1 § d ID' an = .g: A a 0 < $ m7G .g WI t5 11)< f m f Tii © 2SI § 5 - 0 E .5 / � o 2 . > o .c 0 U5 k - 0 R f k § � 3C c2 0 $ c % @ I o6 - c § § % � S � k _-.E. _.'"c"' § � =..4) - O c 7 / g _ �_ 0 u) e a 2 c a E 0 a) / 2 / • / $ 7 4) 0)0)0) g o 2 2 7 = $ f o '/ -C a - k k 2 coo C r (0222 ± c � -O m m q .2.':.2 E o o a) U) "1 7 7 e E E wo 9 � co U) 2 � / ■ " t o • c § « 0 c GS tr) o ■ • CO % 5 2 > - • O 2 0 M .� Cl) U @ E � f2 � � 0 n OU • � it20) § J @ E 0 f _ CO z . .O ' ° • E c . E f 2 a 112 S § 00 2 0 0 0 • c e _ $ ' � h- b2 �� 0) f ° C g � K 0- 0 < mco kkk 11` _ • 4e.seiWeld County Referral - Wgld County Planning Depa m n jJ - ' GREELEY OFFICE uctoner 28, 2000 C. U E C 1 y 2005 COLORADO R ECEIVEI� The Weld County Department of Planning Services has received the following item for review: Applicant Duke Energy Field Services Case Number USR-1534 Please Reply By November 28, 2005 Planner Chris Gathman Project A Site Specific Development Plan and Special Review Permit for a mineral resource development facility including an oil and gas support and service facility (gas processing facility) in the A(Agricultural)Zone District Legal Part N2N2SW4 of Section 29, T5N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to Two Rivers Parkway and approximately 1/2 mile north of 49'" Street. • Parcel Number 0959 29 000021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) January 3, 2006 D We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ASee attached letter. Comments: -17• Signature „`d, G� _ / Date /11/0 ) Agency /l 0 o G C C- ❖Weld County Planning Dept. 4918 10'"Street, Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax STATE OF DEPARTMENT OF NATURAL RESOURCES Bill Owens, Governor e� COLORADO 1120 Lincoln St., Suite 801 � ; OI / Denver, CO 80203 a• Phone: (303) 894-2100 PMJ C FAX:(303) 894-2109 V/1 www.oil-gas.state.co.us CONSERVATION COMMISSION December 16, 2005 Mr. Chris Gathman Weld County Planning Dept. 918 10"' Street Greeley, CO 80631 RE: Weld County Referral /Duke Energy USR-1534 N/2 N/2 SW/4 Section 29—T5N—R66W Weld County, Colorado Dear Mr. Gathman: Colorado Oil and Gas Conservation Commission ("COGCC") staff has reviewed the Use by Special Review("USR") application by Duke Energy Field Services ("Duke") for the Johnstown Compressor Facility. The following comments are offered: ➢ The response to question#7 in Exhibit D states that no reclamation procedures will be necessary when termination of the USR activity occurs. Current • COGCC Rule 1103 refers to abandonment requirements of compressor station or gas plant feeder pipelines upon decommissioning. Additionally, new pipeline rules were adopted by the Commission on October 31, 2005 and become effective June 1, 2006. Please refer to the attached documents. ➢ The notes on the Site Specific Development Plan states that there are no storm water management devices or structures. New stormwater management rules were adopted by the Commission on December 7, 2005 and become effective January 30, 2006. This new rule also applies to gathering pipelines. Please refer to the attached document. ➢ The Plot Plan shows a produced water sump (S-1). These are typically a partially buried concrete vault. These are required to have integrity and hold fluids without leakage. Rule 905.b.(1) states that upon closure, operators shall ensure that soils and ground water meet the allowable concentrations of Table 910-1 (see attached). ➢ The Plot Plan also shows a surface water sump (S-2). This sump is located within the bermed area for the lube oil storage tank and the Norkool storage tank. The drainage of surface waters into this sump could potentially contain contaminants as a result of leakage from these tanks. Therefore, drainage from this sump should not be connected to any stormwater discharge or other • type of discharge piping. DEPARTMENT OF NATURAL RESOURCES:Russell George,Executive Director COGCC COMMISSION:John B.Ashby-Brian Cree-Kimberlee Gerhardt-Michael Kliah-Peter Mueller-J.Thomas Reagan-Lynn Shook COGCC STAFF:Brian J.Macke,Director-Morris Bell,Operations Manager-Patricia C.Beaver,Hearings Manager-Thomas J.Kerr,Information Manager Mr. Chris Gathman 12/16/05 Page 2 • Should you have any questions, please call me at (303) 894-2100 ext.118. Respectfully, dall H. Ferguson Environmental Protection Specialist Attachments Cc: Brian Macke—COGCC Director Debbie Baldwin—COGCC • • nature that it presents an immediate hazard to persons or property, the operator shall not operate the affected part of the system until it has corrected the unsafe condition. b. Flowline repair. • (1) Each operator shall, in repairing its flowlines, ensure that the repairs are made in a safe manner and( are made so as to prevent injury to persons and damage to property. (2) No operator shall use any pipe, valve, or fitting in repairing flowline facilities unless the components meet the installation requirements of this section. c. Flowline marking. (1) In designated high density areas, and where crossing public rights-of-way or utility easement, a marker shall be installed and maintained to identify the location of flowlines installed after June 1, 1996. (2) The following must be written legibly on a background of sharply contrasting color on each line marker: "Warning", "Caution" or "Danger" followed by the words 'gas (or name of natural gas or petroleum transported) pipeline" in letters at least one (1) inch high with one-quarter (1/4) inch stroke and the name of the operator and the telephone number where the operator can be reached at all times. d. One Call participation. As to flowlines, and any other pipeline over which the Commission has jurisdiction, installed after June 1, 1996, each operator shall participate in Colorado's One Call notification system, the requirements of which are established by 93-1.5-101., C.R.S. et seq. 1103. ABANDONMENT Each flowline abandoned in place must be disconnected from all sources and supplies of natural gas and petroleum, purged of liquid hydrocarbons, depleted to atmospheric pressure, and cut off three (3) feet below • ground surface, or the depth of the flowline, whichever is less and sealed at the ends. This requirement shall also apply to compressor or gas plant feeder pipelines upon decommissioning or closure of a portion or all of a compressor station or gas plant. • 1100.2 as of January 30,2003 BEFORE THE OIL AND GAS CONSERVATION COMMISSION Page 1 of 5 BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO • IN THE MATTER OF CHANGES TO THE RULES AND ) CAUSE NO. 1R REGULATIONS OF THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO ) ORDER NO. 1R-98 REPORT OF THE COMMISSION Pursuant to a hearing before the Oil and Gas Conservation Commission on October 31, 2005, in the Aspen and Birch Rooms at the Ramada Inn, 124 W. 6th Street, Glenwood Springs, Colorado, the Oil and Gas Conservation Commission promulgated amendments to its Rules and Regulations as described below: DEFINITIONS (100 SERIES) GATHERING LINE(S) shall mean a pipeline which transports natural gas beyond leasehold gas metering equipment to a compressor facility, processing plant or interstate pipeline connection. PIPELINE(S) shall mean flowline(s) and gathering line(s) as defined herein by the 100 series definitions. PIPELINE REGULATIONS 1101. INSTALLATION AND RECLAMATION a. Notice. As of June 1, 2006, an operator of a gathering line which has segments subject to safety regulation by the Office of Pipeline Safety, U.S. Department of Transportation, shall notify the Commission thirty (30) days in advance of construction by filing a plan of construction in a format • acceptable to the Director. Such plan shall also be provided to each local governmental designee or local government jurisdiction traversed by such gathering line. The plan shall include the general design, construction schedule and route, including a map showing all crossings of public by-ways and natural and manmade watercourses. b. Material. (1) Materials for pipe and other components of pipelines shall be: A. Able to maintain the structural integrity of the pipeline under temperature, pressure, and other conditions that may be anticipated; B. Compatible with the substances to be transported. C. Locatable by a tracer line or location device placed adjacent to or in the trench of all buried nonmetallic pipelines to facilitate the location of such pipelines. c. Design. Each component of a pipeline shall be designed and installed to prevent failure from corrosion and to withstand anticipated operating pressures and other loadings without impairment of its serviceability. The pipe shall have sufficient wall thickness or be installed with adequate protection to withstand anticipated external pressures and loads that will be imposed on the pipe after installation. d. Cover. (1) All installed pipelines shall have cover sufficient to protect them from damage. On crop land, all pipelines shall have a minimum cover of three (3) feet. (2) Where an underground structure, geologic, economic or other uncontrollable condition prevent pipelines from being installed with minimum cover, or when there is a written agreement between the surface owner and the operator, the line may be installed with less than minimum cover or above ground. e. Excavation, backfill and reclamation. • (1) When pipelines cross crop lands, unless waived by the surface owner, the operator shall segregate topsoil while trenching, and trenches shall be backfilled so that the soils shall be returned to their original relative positions and contour. This requirement to segregate and backfill topsoil shall not apply to trenches which are twelve (12) inches or less in width. Reasonable efforts shall http://gas/orders/orders/lr/98a.html 12/16/2005 BEFORE THE OIL AND GAS CONSERVATION COMMISSION Page 2 of 5 be made to run pipelines parallel to crop irrigation rows on flood irrigated land. (2) On crop lands and non-crop lands, pipeline trenches shall be maintained in order to correct • subsidence and reasonably minimize erosion. Interim and final reclamation, including revegetation, shall be performed in accordance with the applicable 1000 Series rules. f. Pressure testing of flowlines. (1) Before operating a segment of flowline it shall be tested to maximum anticipated operating pressure. In conducting tests, each operator shall ensure that reasonable precautions are taken to protect its employees and the general public. The testing may be conducted using well head pressure sources and well bore fluids, including natural gas. Such pressure tests shall be repeated once each calendar year to maximum anticipated operating pressure, and operators shall maintain records of such testing for Commission inspection for at least three (3) years. (2) Flowline segments operating at less than fifteen (15) psig are excepted from pressure testing requirements. 1102. OPERATIONS, MAINTENANCE, AND REPAIR a. Maintenance. (1) Each operator shall take reasonable precautions to prevent failures, leakage and corrosion of pipelines. (2) Whenever an operator discovers any condition that could adversely affect the safe and proper operation of its pipeline, it shall correct it within a reasonable time. However, if the condition is of such a nature that it presents an immediate hazard to persons or property, the operator shall not operate the affected part of the system until it has corrected the unsafe condition. b. Repair. (1) Each operator shall, in repairing its pipelines, ensure that the repairs are made in a safe manner and are made so as to prevent injury to persons and damage to property. (2) No operator shall use any pipe, valve, or fitting in repairing pipeline facilities unless the components meet the installation requirements of this section. c. Marking. • (1) In designated high density areas, and where crossing public rights-of-way or utility easement, a marker shall be installed and maintained to identify the location of pipelines. (2) The following shall be written legibly on a background of sharply contrasting color on each line marker: "Warning", "Caution" or "Danger" followed by the words "gas (or name of natural gas or petroleum transported) pipeline" in letters at least one (1) inch high with one-quarter ('/) inch stroke and the name of the operator and the telephone number where the operator can be reached at all times. d. One Call participation. As to any pipelines over which the Commission has jurisdiction, each operator shall participate in Colorado's One Call notification system, the requirements of which are established by §9-1.5-101., C.R.S. et seq. e. Emergency response. As to gathering lines with segments subject to safety regulation by the Office of Pipeline Safety, U.S. Department of Transportation, the operator shall prepare and submit an emergency response plan to the Commission and to the county sheriff and each local government jurisdiction traversed by such pipeline segment. 1103. ABANDONMENT Each pipeline abandoned in place shall be disconnected from all sources and supplies of natural gas and petroleum, purged of liquid hydrocarbons, depleted to atmospheric pressure, and cut off three (3) feet below ground surface, or the depth of the pipeline, whichever is less and sealed at the ends. This requirement shall also apply to compressor or gas plant feeder pipelines upon decommissioning or closure of a portion or all of a compressor station or gas plant. Notice of such abandonment shall be filed with the Commission and with the local governmental designee or local government jurisdiction. Attached, as Exhibit A, is a statement giving the basis and purpose of the revisions and such statements are incorporated herein by reference. • DONE AND PERFORMED by the Oil and Gas Conservation Commission of the State of Colorado this day of October, 2005. http://gas/orders/orders/lr/98a.html 12/16/2005 BEFORE THE OIL AND GAS CONSERVATION COMMISSION Page 3 of 5 IN THE NAME OF THE COLORADO OIL AND GAS CONSERVATION COMMISSION • OF THE STATE OF COLORADO By Patricia C. Beaver, Secretary Dated at Suite 801 1120 Lincoln Street Denver, Colorado 80203 October 31, 2005 • • http://gas/orders/orders/lr/98a.html 12/16/2005 BEFORE THE OIL AND GAS CONSERVATION COMMISSION Page 4 of 5 Exhibit A Statement of Basis and Purpose • This statement sets forth the basis, specific authority, and purpose for the amendments to the 100 and 1100 Series of the Rules and Regulations promulgated by the Colorado Oil and Gas Conservation Commission. This statement is hereby incorporated by reference in the Rules adopted. A. AUTHORITY These rules, as amended, are adopted by the Colorado Oil and Gas Conservation Commission under the provision of Title 34, Article 60 of the Colorado Revised Statutes, as amended. §34-60-102., C.R.S., as amended, declares that it is in the public interest to foster, encourage, and promote the development, production, and utilization of the oil and gas resources in the state of Colorado in a manner consistent with protection of public health, safety, and welfare. §34-60-103.(6.5), C.R.S. defines "Oil and gas operations" to mean exploration for oil and gas, including the conduct of seismic operations and the drilling of test bores; the siting, drilling, deepening, recompletion, reworking, or abandonment of an oil and gas well, underground injection well, or gas storage well; production operations related to any such well including the installation of flowlines and gathering systems; the generation, transportation, storage, treatment, or disposal of exploration and production wastes; and any construction, site preparation, or reclamation activities associated with such operations. §34-60-105 (1), C.R.S. provides that "The commission has jurisdiction over all persons and property, public and private, necessary to enforce the provisions of this article, and has the power to make and enforce rules, regulations, and orders pursuant to this article, and to do whatever may reasonably be • necessary to carry out the provisions of this article. ... §34-60-106 (2)(a), C.R.S. provides that the commission has the authority to regulate "[t]he drilling, producing and plugging of wells and all other operations for the production of oil or gas; . ." §34-60-106 (2)(d), C.R.S. gives the commission authority to regulate "[o]il and gas operations so as to prevent and mitigate significant adverse environmental impacts on any air, water, soil or biological resource to the extent necessary to protect public health, safety, and welfare, in consideration of cost- effectiveness and technical feasibility." §34-60-106 (11), C.R.S. mandates the commission to "promulgate rules and regulations to protect the health, safety and welfare of the general public in the conduct of oil and gas operations." 100 Series The 100 Series of the Rules and Regulations of the Oil and Gas Conservation Commission pertain to definitions. Add new definitions for "gathering line" and "pipeline." 1100 Series • The 1100 Series of the Rules and Regulations of the Oil and Gas Conservation Commission pertain to pipelines. http://gas/orders/orders/1r/98a.html 12/16/2005 BEFORE THE OIL AND GAS CONSERVATION COMMISSION Page 5 of 5 Amend the installation standards pertaining to flowlines to include gathering lines. • Add a requirement to provide prior notice to local and state governments of plans to construct gathering lines regulated by the Office of Pipeline Safety, U.S. Department of Transportation. Add a requirement to submit emergency response plan to local and state governments for the same. • • http://gas/orders/orders/lr/98a.html 12/16/2005 • DRILLING, DEVELOPMENT, PRODUCING AND ABANDONMENT (300 Series) • 303. REQUIREMENTS FOR APPLICATION FOR PERMIT-TO-DRILL, DEEPEN, RE-ENTER, OR RECOMPLETE, AND OPERATE. c. (18) All visible improvements within two hundred (200) feet of a wellhead (or, in a high density area within four hundred (400) feet of a wellhead) shall be physically tied in and plotted on the well location plat or on an addendum, with a horizontal distance and approximate bearing from the well location. Visible improvements shall include, but not be limited to, all buildings, publicly maintained roads and trails, major above-ground utility lines, railroads, pipelines, mines, oil wells, gas wells, injection wells, water wells, visible plugged wells, sewers with manholes, standing bodies of water, and natural channels including permanent canals and ditches through which water MAY flows. If there are no visible improvements within two hundred (200) feet of a wellhead (or in a high density area within four hundred (400) feet of a wellhead), it shall be so noted on the Permit-to-Drill, Form 2. RECLAMATION REGULATIONS (1000 SERIES) 1002. SITE PREPARTION c. Protection of soils. All stockpiled soils shall be protected from degradation due to contamination compaction and, to the extent practicable, from wind and water erosion during drilling and production operations. BEST MANAGEMENT PRACTICES TO MINIMIZE EROSION AND OFFSITE SEDIMENTATION BY CONTROLLING STORMWATER RUNOFF SHALL BE IMPLEMENTED. d. Drill pad location. The drilling location shall be designed and constructed to provide a safe working area while reasonably minimizing the total surface area disturbed. Consistent with applicable spacing orders and well location orders and regulations, in locating drill pads, steep slopes shall be avoided when reasonably possible. The drill pad site shall be located on the most level location obtainable that will accommodate the intended use. Deep vertical cuts and steep long fill slopes shall be constructed to the least percent slope practical. BEST MANAGEMENT PRACTICES TO MINIMIZE EROSION AND OFFSITE SEDIMENTATION BY CONTROLLING STORMWATER RUNOFF SHALL BE IMPLEMENTED. e. Surface disturbance minimization; STORMWATER MANAGEMENT. In order to reasonably minimize land disturbances and facilitate future reclamation, well sites, production facilities, GATHERING PIPELINES and access roads shall be located, constructed and maintained so as to reasonably control dust, minimize erosion, alteration of natural features and removal of surface materials. BEST MANAGEMENT PRACTICES TO MINIMIZE EROSION AND OFFSITE SEDIMENTATION BY CONTROLLING STORMWATER RUNOFF SHALL BE IMPLEMENTED. THESE PRACTICES WILL VARY WITH SITE SPECIFIC CONDITIONS, SUCH AS SLOPE, VEGETATIVE COVER AND PROXIMITY TO WATER BODIES, AND MAY INCLUDE SILT FENCING, STRAW BALES, PLANT BUFFERS, ROCK FILTER DIKES, SLOPE ROUGHENING, MULCH AND OTHER MEASURES DESIGNED TO REDUCE EROSION AND MINIMIZE THE TRANSPORT OF SOIL FROM DISTURBED AREAS. f. Access roads. Existing roads shall be used to the greatest extent practicable to avoid erosion and minimize the land area devoted to oil and gas operations. BEST MANAGEMENT PRACTICES TO MINIMIZE EROSION AND OFFSITE SEDIMENTATION BY CONTROLLING STORMWATER RUNOFF SHALL BE IMPLEMENTED. Where feasible and practicable, operators are encouraged to share access roads in developing a field. Where feasible and practicable, roads shall be routed to complement other land usage. To the greatest extent practicable, all vehicles used by the operator, contractors, and other parties associated with the well shall not travel outside of the original access road boundary. Repeated or flagrant instance(s) of failure to restrict lease access to lease roads which result in unreasonable land damage or crop losses shall be subject to a penalty under Rule 523. (3) Special purpose pits, except emergency pits constructed during initial response to spills/releases, or flare pits where there is no risk of condensate accumulation. (4) Skim pits. rib b. The following specifications shall apply to pits that are required to be lined: (1) Materials used in lining pits shall be impervious, weather resistant and resistant to deterioration when in contact with hydrocarbons, aqueous acids, alkali, fungi or other substances in the produced water. (2) Soil liners shall have a minimum thickness of six (6) inches after compaction, shall cover the entire bottom and interior sides of the pit, and shall be constructed so that the hydraulic conductivity of the liner shall not exceed 1.0 X 104 cm/sec. Bentonite liners shall be constructed to provide equivalent protection. Operators shall perform post-construction tests either in a laboratory or in the field. All test results shall be filed with the Director. (3) Synthetic or fabricated liners shall have a minimum thickness of twelve (12) mils and shall be resistant to deterioration by ultraviolet light, weathering, chemicals, punctures and tearing, and designed for the life of the well. The foundation for the liner shall be constructed to prevent punctures from soils or other materials beneath the liner. The synthetic or fabricated liner shall cover the bottom and interior sides of the pit with the edges secured with at least a twelve (12) inch deep anchor trench around the pit perimeter. (4) In Sensitive Areas, the Director may require a leak detection system for the pit or other equivalent protective measures, including but not limited to, increased record-keeping requirements, monitoring systems and underlying gravel fill sumps and lateral systems. In making such determination, the Director shall consider the surface and subsurface geology, the use and quality of potentially-affected ground water, the quality of the produced water, and the hydraulic conductivity of the surrounding soils and the type of liner. F • 905. CLOSURE OF PITS, AND BURIED OR PARTIALLY BURIED PRODUCED WATER VESSELS. a. Unlined production and special purpose pits, except emergency pits constructed during initial response to spills/releases, shall be closed in accordance with an approved Site Investigation and Remediation Workplan, Form 27. The workplan shall be submitted for prior Director approval and shall include a description of the proposed investigation and remediation activities in accordance with Rule 909. b. Lined pits and buried or partially buried produced water vessels: (1) Operators shall ensure that soils and ground water meet the allowable concentrations of Table 910- 1. (2) Pit evacuation. Prior to backfilling and site reclamation, E&P waste shall be treated or disposed in accordance with Rule 907. (3) Liners shall be disposed as follows: A. Synthetic liner disposal. On irrigated crop land, liner material shall be removed and disposed in accordance with applicable solid waste rules. On non-irrigated crop land and on non-crop land, liner material may be left in place with surface owner approval. B. Constructed soil linen. Constructed soil liner material may be removed for treatment or disposal, or, where left in place, the material shall be ripped and mixed with native soils in a manner to alleviate compaction and prevent an impermeable barrier to infiltration and ground water flow. c. Discovery of a spill/release during closure. When a spill/release is discovered during closure operations operators shall report the spill/release on the Spill/Release Report, Form 19, in accordance with Rule 906. • Leaking pits and buried or partially buried produced water vessels shall be closed and remediated in accordance with Rules 909. and 910. 900-3 as of July 30, 1998 Table 910-1 ALLOWABLE CONCENTRATIONS AND LEVELS • Orga •n Soil tP,A81Ae ••_ • +:0151Madified) TPH-Non Area 10,000 mg/kg TPH-Sensitive Area t 000 mg/kg OFgalties if GamUnd water.EPA nothdd 8020' Benzene 5 PO Toluene 1,000 µgfi 1 Ethylbenzene 680 pg/I 1 Xylene 10 000 µg/i 1 1norganIcs In.Sou l . Electrical Conductivity(EC) <4 mmhos/cm or 2x background Sodium Adsorption Ratio(SAR) <12 pH 6-9 inorganics In Groundwater Total Dissolved Solids(TDS) <1.25 x background Chlorides <1.25 x background 1 Sulfates <1.25 x back round Tdtal=Metalsan Solis:EPA'Metbod 30504 Arsenic 41 mg/kg ` Barium (LDNR True Total Barium) 180,000 mg/kg3 ` Boron(Hot Water Soluble) 2 mgp Cadmium 26 mg/kg Z Chromium 1,500 mg/kg ` Copper 750 mg/kg Z Lead 300 mg/kg • Mercury 17 mg/kg Z Molybdenum J Nickel 210 mg/kg Selenium .1 Silver 100 mg/kg ` Zinc 1,400 mg/kg ` ' Concentrations taken from CDPHE-WOCC 2 Concentrations taken from API Metals Guidance: Maximum Sol Concentrations Concentrations are dependent on site-sp ecific peafic conditions 4 Consideration shall be given to background levels in native soils • 900-14 as of December 30,2000 • Weld County Referral Weld County Planning Department October 28, 2005 GREELEY OFFICE NOV 2 1 2005 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Duke Energy Field Services Case Number USR-1534 Please Reply By November 28, 2005 Planner Chris Gathman Project A Site Specific Development Plan and Special Review Permit for a mineral resource development facility including an oil and gas support and service facility (gas processing facility) in the A (Agricultural)Zone District Legal Part N2N2SW4 of Section 29, T5N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to Two Rivers Parkway and approximately %3 mile north of 49'" Street. • Parcel Number 0959 29 000021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) January 3, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ yde have reviewed the request and find no conflicts with our interests. a- See attached letter. Comments: • Signature Date //- /7-0200 Agency +Weld County Planning Dept. ❖918 10'"Stree , re ey,CO. 80631 •}(970)353-6100 ext.3540 ❖(970)304-6498 fax OFFICE OF COMMUNITY DEVELOPMENT �. , Planning Division .. ( 1100 IothI tg Suite 202,Greeley, Colorado 80631 • (970)350-9780 • Fax(970)350-9800 • my pi • www.greeleygov.com A BREE(Ey OFFI fling�ePar�ment City of NOV 2 12005 RECE/VED November 17, 2005 Chris Gathman Weld County Department of Planning Services 918 10°i Street Greeley, CO 80631 Subject: USR-1534 Chris Gathman: Thank you for the opportunity to review this Site Specific Development Plan and Special Review Permit for a mineral resource development facility including an oil and gas support and service facility (gas processing facility) in the A (Agricultural) Zone District. The City of Greeley Planning staff has reviewed the application for this USR, from Duke Energy Field Services, located west of and adjacent to Two Rivers Parkway and approximately `/2 mile north of 49t11 Street and wish to forward the following comments: site is inside the City of Greeley Long Range Expected Growth Area(LREGA) and the Greeley Municipal Area of Influence. It is recommended that landscaping be provided along Two Rivers Parkway and to the north and south edge of the site, to screen the facility. The Greeley Public Works Department noted a reservation of a minimum of 75' of right-of-way from the centerline of Two Rivers Parkway would be appropriate to facilitate future development of this area if the proposal is approved by the County. Sincerely, K. , yL= ann. Technician i SERVING OUR COMMUNITY • I T ' S A TRADITION 7depromi:se to preserve andimprove file yaaf/y o/li/e/or eireeley IArooyL Timely, coarleoas and cos/eftective service. Dec 15 05 02: 49p Civil Resources 3038332850 p. 2 6 • 4, * Weld County Referral 11A \ 1" October 28, 2005 'RECEIVED Illig e ,,,.„„ „ 2005• COLORADO TOWN OF MILLIKEN The Weld County Department of Planning Services has received the following item for review: F Applicant Duke Energy Field Services Case Number USR-1534 Please Reply By November 28, 2005 Planner Chris Gathman ' , Project A Site Specific Development Plan and Special Review Permit for a mineral resource development facility including an oil and gas support and service facility (gas processing facility) in the A(Agricultural)Zone District Legal Part N2N2SW4 of Section 29, T5N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to Two Rivers Parkway and approximately 1/2 mile north of 491h Street. • Parcel Number 0959 29 000021 ---_.,... ,,.,,_—_ t — ---, The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) January 3, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests: O See attached letter. f Comments: tfV :‘7 feet('J, i5 uUfpr ;i . ,.t4yl "'hti(CIii1 Ot( ;r ' - c 7i "'i-f , \frl( L. 1,/';,iA0 r, .41 . I ft'rt.Iuh� 1•'tE `5 ' r' ' . J:i.:Pri ti AC-, rlAglti l f ,S!��'.Qir,ei IFirvi �,�/ ' , k� �� ¢ ! " G! fr-t l'n' 1. (( 1!� C%C, ( t: :.rn i+ n' 'r:.: h,.1 J'. .1 .;�. '-,:panel aztattutPo'1 plain fa" (P1'eEFIj1�(7 . '- Signature . . l ,A O Date ‘a, R 0S ___ • Agency IOvli/r of r kifit, Weld County Planning Dept. +918 1001 Street, Greeley,CO.80631 +(970)353-6100 ex13540 4(970)304-6498(ax . r ••••(,-. .. �'>�� ✓ '{mot lr 1 ,.r' . 111 C11'.'_...rv.. •k,',4... 14u^. Vti7�,�i t : ! .:;S•. . , a•'Z , ',i �1t/0 `r G ?!fit, ri 1 IAn AK+ 1, 6UrM' Aelrnaarrrrr ?WA. Hello