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Home My WebLink About20073383 RESOLUTION RE: ACTION OF THE BOARD CONCERNING REVIEW OF CONDITION OF APPROVAL#4.F FOR AMENDED USE BY SPECIAL REVIEW PERMIT #729 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,on August 31,2005, the Board of County Commissioners approved Amended Use by Special Review Permit#729 for an Oil and Gas Support Facility(brine water disposal and allied facilities) in the A (Agricultural) Zone District, for property which is described as part of the SW1/4 SE1/4 of Section 26, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the request to the Board of County Commissioners for review of Condition of Approval #4.F for Amended Use by Special Review Permit #729, was submitted by Marcum Midstream 1995-2 Business Trust, dba Conquest Disposal Service, 8203 West 20th Street, Suite A, Greeley, Colorado 80634, and WHEREAS, the Board convened on October 22, 2007, to make a determination on said matter and on this date deemed it advisable to continue said matter to October 29, 2007, at 9:00 a.m., in order for a representative of the applicant to be in attendance. WHEREAS, the Board of County Commissioners reconvened on October 29, 2007, heard all the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Departments of Planning Services and Public Health and Environment and, having been fully informed, finds that this request shall be approved. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Marcum Midstream 1995-2 Business Trust, dba Conquest Disposal Service, to waive Condition of Approval #4.F for Amended Use by Special Review Permit#729, be, and hereby is, approved. 2007-3383 (I Cr, et , PIA) 1-It , / ft__ PL0038 RECONSIDER CONDITION OF APPROVAL #4.F FOR AMUSR#729 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of October, A.D., 2007. BOARD OF COUNTY COMMISSIONERS W D COUNTY,, COLQRADO ATTEST: !� n /1'//�� // � o Vl ` o 2)) J/!/v E. Long, Chair Weld County Clerk to the Boar.t�gb' i) 71i. . Je ke, Pro-Tem BY: Deputy C rk to the Board William F. Garcia APP D RM: \i\\� i Robert D. Masden my Attorney q .t r ougl s Radem cher Date of signature: i fr1/47 2007-3383 PL0038 MEMORANDUM TO: Board of County Commissioners DATE: October 15, 2007 COLORADO FROM: Kim Ogle, Planning Manager 414y, SUBJECT: AmUSR-729, Lyster Injection Well Reconsideration of Development Standards Conquest Oil Company do Dale Butcher AmUSR-729 for the Conquest Oil Company, 1610 29th Avenue Place, #200; Greeley, CO 80634 was approved by the Board of County Commissioners on August 31, 2005 for a Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Brinewater Disposal and allied Facilities) in the A (Agricultural) Zone District The applicant is requesting Condition of Approval, number 4.F be postponed as a requirement until such time that we [Conquest OH Company]add the tanks approved under the Amended USR, per letter to Planning Services dated September 11, 2007. Condition of Approval of the Approved Resolution states: "A secondary containment concrete secondary containment structure(floor and walls)surrounding each tank or battery of tanks shall be constructed. The volume retained by the structure shall be 150% greater than the volume of the largest tank inside the structure. A registered professional engineer shall design the structure. The structure shall prevent any release from the tank system from reaching land or waters outside of the containment area. The operator shall provide evidence from the engineer to the Weld County Department of Public Health and Environment and Planning Services that the structure has been constructed to meet this criterion. (Department of Public Health and Environment)" The Conquest letter suggests that the requirement for the concrete floor is unwarranted as the maximum amount of fluid stored at the facility has increased only 8%, since the USR amendment was approved and the amount of the oil storage has remained constant. It is important to note that one oil storage tank was constructed without the appropriate building permits and that this issue is currently being resolved by Peggy Gregory of Building Compliance and Jim Goddard with Conquest Oil Company. Please refer to the attached correspondence. Representatives with the Weld County Department of Public Health and Environment are not in support of this request as stated by the applicant. 2007-3383 0 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address:pgregory(WW..co.weld.co.us C Phone: (970) 353-6100, Ext 3568 Fax: (970) 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE October 11, 2007 DALE S BUTCHER VICE PRESIDENT CONQUEST OIL COMPANY 8203 W 20 ST, STE A GREELEY CO 80634 Subject: BCV07-01088, Part of the SW4SE4 of Section 26, T6N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. Butcher: It has been determined that the property located at the above noted legal description is currently in violation of the following Section of the Weld County Code: Section 29-3-10"Building permit required." To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for a tank added to the Lyster Injection Well Site (AmUSR-729). It is the intention of this office to assist and cooperate with you without imposing undue hardship; however,we have no discretion in this matter if you fail to correct this violation within 30(thirty)days from October 11,2007. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the case to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sinc�rely, Anti 4Y Peggy Gregory Building Compliance Officer pc: BCV07-01088 Kim Ogle, Planning Manager AmUSR-729 DEPARTMENT OF PLANNING SERVICES 4tt6 Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO80631 pgregory@co.weleld.co.us ' Phone: (970) 353-6100, Ext. 3568 Fax: (970)304-6498 C SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 September 25, 2007 DALE S BUTCHER VICE PRESIDENT CONQUEST OIL COMPANY 8203 W 20 ST, STE A GREELEY CO 80634 Subject: Part of the SW4SE4 of Section 26, T6N, R65W of the 6th P:M.,Weld County, Colorado Dear Mr. Butcher: It has come to the attention of the Department of Building Inspection that there is no record of a permit for a, tank added to the Lyster Injection Well site (AmUSR-729)at the above noted location. Section 29-3-10 of the Weld County Code states: No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building Inspection Department. I have enclosed a building permit application for your convenience. Failure to submit the form, plus all required documents,within 10 days from the date of this letter will result in a violation notice. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, Peggy Gregory Building Compliance pc: Kim Ogle, Planning Manager eat 4,r SERVICE,TEAMWORK.INTEGRITY,QUALITY September 11, 2007 CC;Nal*ST Weld County Department of Planning Services 918 10th St. Greeley, CO 80631 Attn: Kim Ogle Re: Lyster Injection Well AmUSR 729 • Dear Kim: As you know the Marcum Trust has not completed construction of the berm wall and has not started construction of the concrete floor at the referenced facility. The reason for this is that according to Condition 4.F., the floor and berm were not required until we applied for a building permit. As of this date, we have not applied for the permit because we believe the majority of the proposed improvements will not be made. Instead, we have decided to drill and construct a new facility (USR1604). That facility should be operational in December of this year and will cause the Lyster well to take less water. We did, however, add one tank to the facility after the USR Amendment was approved. With this letter I ask the Planning Department or the Board of County Commissioners to postpone the requirement for the concrete floor at the facility until such time that we add the tanks approved under the amended USR. We will finish the concrete 5erm as soon as practicable. I believe the requirement for the concrete floor is unwarranted as the maximum amount of fluid stored at the facility has increased only 8%, since the USR amendment was approved and the amount of oil storage has remained constant. There are many tank batteries for producing wells in the County that hold as much or more oil on-site as the Lyster operation and there is no requirement for concrete containment at those operation,. rc. temporarily :- , ,11 r fti tanks _ the fa ii ty., build the floor ns specified in the amendment and replace the tanks will cost well in excess of$100,000. In addition, the well would be closed during this entire process. Given these reasons, I ask that the County postpone the concrete floor requirement until such time as the additional tanks are added to the facility (if ever). Sincerel • 1\1\-- Dale S. Butcher Vice President Conquest Oil Company Operator for the Marcum Trust 8203 W. 20th Street • Suite A • Greeley, CO 80634 • 970-356-5560 TOP = TOP OF WALL ATTACH LINER TO ELEV = SEE PLANS STEEL CONTAINMENT WALL 1 A INSTALL 30 MIL ENVIRO LINER 6000 SERIES OR EQUIVALENT PER MANUFACTURES SPECIFICATIONS INSTALL 45' STEEL cncca CONTAINMENT WALL Ls, PER MANUFACTURES SPECS ¢a aw w 1n ELEVATION VARIES TOE - TOE OF WALL GRADE ELEVATION ELEV = SEE PLANS ELEV = SEE PLANS EXPANSION MATERIAL G_P_ADE 4 CONCRETE PAVEMENF - - 1' PER FOOT MINIMUM U a 6' MIN. co PEA GRAVEL I I_ w I r INSTALL Z-POST PER = MANUFACTURES SPECIFICATIONS cc H IIEI III II III II II Tr NOTES: 1. THE STEEL CONTAINMENT WALL SHALL BE BURIED A MINIMUM OF 6-INCHES INTO THE GROUND. 2. THE GEOSYNTHETIC LINER SHALL EXTEND A MINIMUM OF 3 FEET FROM THE STEEL CONTAINMENT WALL. e PICKETT PE CD WALL CROSS SECTION -ALTERNATE INCORPORATED WALL DETAIL#PEI 005 CONSULTING ENGINEERS 809 9th STREET, GREELEY, COLORADO 60631 PHONE: 970-355-=IA, FAX: 970-356-6466 SCALE: N.T.S. Conquest Disposal Site North of WCR 28 & West of WCR 39 Project No. 0207025.00 PICKETT ENGINEERING,A LAMP RYNEARSON PARTNER CHANGE ORDER#003 9/14/2007 Number of Each Sent 24" x 36" 24" x 36" Sent To: Via Date 8%" x 11" Plans Mylar/Sepia Kim Ogle 9/14/2007 1 Weld County Planning Southwest Weld County Services Complex Email 4209 WCR 24 1/2 Longmont,CO 80504 Tel: (720)652-4210 Fax: (720)652-4211 Jim Goddard 9/14/2007 1 Conquest Disposal Service 8203 W. 20`"Street, Ste. A Email Greeley,CO 80634 Tel: (970)356-5560 Fax: (970)356-5563 - Pickett Engineering, 9/14/2007 1 A Lamp Rynearson Partner 808 8ih St. File Greeley,CO 80631 Tel: (970) 356-6362 Fax: (970)356-6486 This change order shall become an integral part of the construction documents. This is not a Notice to Proceed with the work described below. You must first submit a Change Order to do the work and receive written Authorization from the owner to proceed with the work. The Change Order shall describe any applicable changes to cost or schedule. CLARIFICATIONS: A corrugated steel containment wall system is an acceptable application for the Conquest Disposal Site mentioned above. We recommend as an alternate the attached wall cross section detailed A-2B replace the wall cross section detailed A-2 on drawing sheets C-3.1 and C-5.1. For proper installation of the corrugated steel containment wall system refer to the manufacturer's specifications. Hello