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Home My WebLink About20061261 111ff/fy !fl//O/101/N1P /I//II DII iM wwwgxynet December 22, 2005 Weld County Department of Planning Services Mr. Chris Gathman, Planner 1555 N. 17th Ave. Greeley, CO 80631 RE: Weld County Referral—Case No. RE-3rdAmUSR-552 (Duke Energy) Dear Mr. Gathman: The Greeley-Weld County Airport Authority has reviewed the above noted referral and offers the following comments: Although this land use is compatible with the Greeley-Weld County Airport Surrounding Land Use Guidelines, the property is located in the Airport Zoning Overlay District, as adopted by Weld County Ordinance, and the Airport Influence area, as depicted in the 2004 Greeley-Weld County Airport Master Plan. The property is also located at the border of the established aircraft traffic pattern for Runway 16/34. While this proposed operation is not considered an incompatible land use with the airport, given the site's proximity to the airport and the height of some of the tanks, an FAA aeronautical study should be required on any vertical structure proposed for this site, prior to the start of any construction. Airport staff can assist the developer with this requirement to expedite the process. Furthermore, the Greeley-Weld County Airport Authority requests that the proximity to the airport be noted for the record with current and future property owners and/or developers. It is strongly recommended that statements concerning the properties proximity to the areas mentioned above be required to be included on any final plat recorded for this property. I am available to discuss this matter further if necessary. Please call me at (970) 336- 3002 if you need any additional information. Kevin M. Freiberg, A.C.E. 2006-1261 Assistant Airport Manager EXHIBIT P0. Box 727 • Greeley. CO 80632 • (970) 336-3000 • FAX (970) 336-3030 9 • kevin freiberg relent Tim Clancy [tclancy©wobjlaw.com] ant: Wednesday, December 21, 2005 4:12 PM To: 'kfreibergepgxy.net Subject: FW: Duke Plant Timothy V. Clancy 970.313.4779 (direct dial) Original Message From: Tim Clancy Sent: Wednesday, December 21, 2005 4:10 PM To: 'kfrieberg@gxy.net' Cc: 'Joe Kuchinski' Subject: Duke Plant Kevin: I have been advised that the overall height for tallest structure, the flare, is going to be 75 feet. A tower known as the "demethanizer tower" will be approximately 60 feet. All other equipment is 40 feet or less. Please let me know if this presents any concerns with the airport, or if you would like further information or clarification. I would be happy to go over the proposed plot plan e..with you. Regards-- Timothy V. Clancy Witwer, Oldenburg, Barry & Johnson, LLP 822-7th Street, Suite 760 Greeley, CO 80634 970.313.4779(direct dial) 970.352.3165(fax) tclancy@wobjlaw.com CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE-NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US. THANK YOU. 1 Weld County Planning Department GREELEY OFFICE JAN 1 1 2006 RECEIVED MEMORANDUM f t a iiiieStr TO: CHRIS GATHMAN, PLANNING SERVICES ' FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH ND C. DATE:SUBJECT: AMUSR-552 DUKE ENERGY (LUCERNE) COLORADO CC: Environmental Health Services has reviewed this proposal for a mineral resource development facility including a Natural 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 (APCD), Colorado Department of Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. 2. Submit a dust abatement plan to the Environmental Health Services, Weld County Department of Public Health & Environment, for approval prior to operation. 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 development standards: EXHIBIT 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, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan". 4. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. 5. 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. 6. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling. 7. The facility shall utilize the existing public water supply.(North Weld County Water District) 8. Adequate handwashing and toilet facilities shall be provided for employees. 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 10.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 2 Weld County Planning Department GREEt.EY OFFICE 6 2006 MEMORANDUM RECEIVED iipeTO: Chris Gathman, Planning Services DATE: January 13, 2006 FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: 3rd AmUSR-552, Duke Energy 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: WCR 43 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot right- of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. Access: Access is from the abandoned railroad grade in the middle of the mile. '"QUIREMENTS: Access: The access is an abandoned railroad grade. The site location is approximately 1/4 mile west of WCR 43. The access shall be a graded and drained road to provide an all-weather access. Dust Control: The applicant shall provide dust suppressant as needed to the access road and truck loading area to mitigate less problems to the adjacent agricultural/residential parcels in the area. The dust application is required due to the heavy hauling associated with the proposed site use. Storm Water: I am referring the storm water comments to our Storm Water Engineer, Dave Bauer. Additional comments will be forwarded to you. pc: Dave Bauer, Storm Water Engineer 3rd AmUsR-552 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\3rd AmUSR-552.doc EXHIBIT EATON FIRE PROTECTION DISTRICT 50 SOUTH MAPLE AVENUE, EATON COLORADO 80615 970-454-2115 FAX 970-454-2164 FIRE PREVENTION BUREAU Weld co I1ntynq January 5, 2006 CREELEV OFFICEnartmeta R JAN 1 7 2006 Weld County Planning Department CCE Attn: Chris Gathman C � VED 918 Tenth Street Greeley, CO. 80631 RE: 3rd AmUSR-552 To Whom It May Concern: The Eaton Fire Protection District, Fire Prevention Bureau,has reviewed the proposal submitted and the following requirements will need to be met: • Another set of project plans must be submitted to the Eaton Fire Protection !'^ District, Fire Prevention Bureau,for stamped approval. Stamped"Approved" plans must be located on building site at all times through the project completion and final approval by the Eaton Fire Department. Any changes must be re- submitted for review and approval. Please contact the Eaton Fire Protection District, Fire Prevention Bureau, to assure that all required plans and specifications are submitted for approval. A copy of the Eaton Fire Protection District plan review fee schedule can be acquired at the Eaton Fire Department • Proposed project shall comply with the 2003 International Fire Code (2003 IFC), Section 606 Mechanical Refrigeration (2003 IFC), Chapter 32 Cryogenic Fluids (2003 IFC), Chapter 34 flammable and Combustible Liquids (2003 IFC), Chapter 35 Flammable Gases (2003 IFC), and any additional referenced publications. • Annual inspections and preplanning will be conducted by the Eaton Fire Protection District following the completion and acceptance of the Duke Energy project, to assure compliance with the 2003 International Fire Code. If you have any questions regarding this letter or the plan review process please feel to contact me at the numbers listed above. We look forward to working with you on this project. Sin y, r-. Fire Pi ention pen an Santillanes Eaton Fire Protection District Fire Prevention Bureau EXHIBIT 16 STATE OF DEPARTMENT OF NATURAL RESOURCES 4.i% COLORADO Bill Owens, Governor ga> � O' I wl& 1120 Lincoln St., Suite 801 L Denver, CO 80203 ` Phone:(303)894-2100 I IS GAS FAX: (303)894-2109 www.oil-gas.state.co.us CONSERVATION COMMISSION January 20, 2006 Mr. Chris Gathman Weld County Planning Dept. 918 10th Street Greeley, CO 80631 RE: Weld County Referral /Duke Energy USR-552 W/2 SE/4 Section 28 —T6N—R65W 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 ("DEFS") for the proposed expansion of the Lucerne Compressor Station. The following comments are offered: ➢ The response to question#1.f. in Exhibit B proposes the replacement of original underground pipes with modern above ground pipes and pipe rack. 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 is an 18" high berm surrounding the inside of the fence to control storm water. Additional Best Management Practices (BMPs) may be necessary during proposed construction activity. 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 Equipment List Plot Plan shows two waste water sump (TK-17, TK-20). 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). DEPARTMENT OF NATURAL RESOURCES:Russell George,Emcutive Director �( COGCC COMMISSION:John B.Ashby-Brian Cree-Klmberlee Gerhardt-Michael Klish-Peter Mueller-J.Thomas Reagan-Lyre,Shook COGCC STAFF:Brian J.Macke,Director-Morris Bell,Operations Manager-Patricia C.Beaver,Hearings Manager-Thomas J.Kerr,Information Manager Mr.Chris Gathman 01/20/2006 Page 2 r ➢ The Equipment List Plot Plan also shows a storm water sump (TK-24). This sump is located near the proposed new compressors. The drainage of surface waters into this sump could potentially contain contaminants as a result of leakage from these compressors. Therefore, BMP's should be considered to prevent any potential pollutant runoff into this storm water sump. A brief review of surrounding water wells within a 'A mile radius of the subject facility suggests that this site would be considered a sensitive area. Should impacted soil be encountered during removal of any equipment, DEFS shall remediate accordingly to ensure compliance with the allowable concentrations and levels in Table 910-1. Should shallow ground water be impacted, DEFS shall submit a Form 27— Site Investigation and Remediation Workplan to the COGCC as per Rule 906.d. Should you have any questions,please call me at (303) 894-2100 ext.118. Respectfully, Randall H. Ferguson Environmental Protection Specialist Attachments Cc: Brian Macke—COGCC Director Debbie Baldwin—COGCC Paul Park—DEFS FLOINUNE REGULATIONS 1101. INSTALLATION AND RECLAMATION a. Material. (1) After June 1, 1996, materials for pipe end components shall be: A. Able to maintain the structural integrity of the flowline under temperature, pressure, and other conditions that may be anticipated; B. Compatible with the material to be transported. C. A tracer line or location device will be placed adjacent to or in the trench of all buried nonmetallic flowlines to facilitate the location of such pipelines. b. Design. Each component of a flowline shall be designed to prevent failure from corrosion and be able 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. c. Cover. (1) All installed flowlines shall have cover sufficient to protect them from damage. On crop land, all flowlines installed after June 1, 1996 shall have a minimum cover of three (3) feet. (2) Where an underground structure, geologic, economic or other uncontrollable condition prevents flowlines from being installed with minimum cover, or when there is an agreement between the surface owner and the operator,the line may be installed with less than minimum cover or above ground. d. Excavation,beckM and reclamation. (1) When flowlines cross crop lands, unless waived by the surface owner, the operator shall segregate topsoil while trenching, and trenches shall be backfllled so that the soils will 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 be made to run flowlines parallel to crop irrigation rows on flood Irrigated land. (2) On crop lands and non-crop lands, flowline trenches will be maintained in order to correct subsidence and reasonably minimize erosion. Interim end final reclamation, including revegetation, shall be performed in accordance with the applicable 1000 Series rules. e. Pressure testing. (1) Before operating a segment of flowline installed after June 1, 1996, it must be tested to maximum anticipated operating pressure. In conducting tests, each operator shell ensure that reasonable precautions are taken to protect its employees end 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 flowline. (2) Whenever en operator discovers any condition that could adversely affect the safe and proper operation of its flowline, it shall correct it within a reasonable time. However, if the condition is of such a 1100-1 as of December 30,1997 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. FlowWte rep*. � Y (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. FlowWr 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 Bowlines, 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 03-1.5-101., C.R.S. et seq. 11O3. 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/1r/98a.html 01/20/2006 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/1r/98a.html 01/20/2006 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 r http://gas/orders/orders/1r/98a.html 01/20/2006 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 01/20/2006 BEFORE THE OIL AND GAS CONSERVATION COMMISSION Page 5 of 5 r. 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. r http://gas/orders/orders/1r/98a.html 01/20/2006 DRILLING, DEVELOPMENT, PRODUCING AND ABANDONMENT (300 Series) r. 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. f 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 16) inches after compaction, shall cover the entire bottom and interior sides of the pit, and shell 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. 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. (21 Pk evacuation. Prior to backfilling and site reclamation, E&P waste shall be treated or disposed in accordance with Rule 907. (31 Liners shall be disposed as follows: A. Synthetic Icier 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 soli &tars. 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 spi/release during closure. When a spill/release is discovered during closure operations operators shall report the spill/release on the Spill/Release Repot, 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. 9004 as of July 30.1998 • Taws 910-1 • ALLOWABLE CONCENTRATIONS AND LEVELS TPH-Non-Sensitive Area '100 10.0 mg/kg TPH-Sensitive Area 1,0'�0``0�mg/kg OrgiA S 19 i600d Weir:EPA tesuwa 8b20' Benzene 5 Toluene 1000 all + Ethyibenzene 880 mg/ + Xylene 10000 gin • ' • Electrical Conductivity(EC) • <4 mmhos/cm or 2x background Sodium Adsorption Ratio(SAR) <12 pH 6-9 1 uiorW�nic$InQrounrllNii r•. • Total Dissolved Solids(TDS) • <1.25 x background Chkxides <1.25 x background ' Sulfabis • <1.25 x background TotaLM taN lh:Bona:EPA'11ithod' Arsenic 41 mg/kg ' Barium(LDNR True Total Barium) 180,000 rnglkgz ' Boron(Hot Water Soluble) 2 mgA Cadmium 26 mg/kg ' Chromium 1,500 mgAkg ' Copper 750 mg/kg ' Lead 300 mg/kg z • Mercury 17 mil/k9 Molybdenum a Nickel 210 mg/kg ' Selenium ' Silver 100 mglkg Zinc 1,400 mglkg ' ' Concentrations taken from CDPHE-WQCC a Concentrations taken from API Metals Guidance: Maximum Soil Concentrations ' Concentrations are dependent on site-specific conditions 4 Consideration shall be 9lven to background levels in native soils • es1 • • 90014 as or December 90.2000 d. Emergency pits. Emergency pits constructed during initial response to contain and mitigate spills/releases shall not be subject to lining requirements. These pits shall be closed and remediated in accordance with Rule 908. e. Unlined drilling pits. Unlined drilling pits shall be dosed and reclaimed in accordance with the 1000' ' Series rules. sOS. SPILLS AND RELEASES a. General. Spills/releases of E&P waste, including produced fluids shall be controlled and contained immediately upon discovery. Impacts resulting from spills/releases shall be investigated and cleaned up as soon as practicable. The Director may require additional activities to prevent or mitigate threatened or actual significant adverse environmental impacts on any air, water, soil or biological resource, or to the extent necessary to ensure compliance with the allowable concentrations and levels in Table 910-1, with consideration to WOCC ground water standards and classifications. b. Reporting. (1) Spills/releases of E&P waste or produced fluid exceeding five (5) barrels, including those contained within unlined berms, shall be reported on COGCC Spill/Release Report Form, 19. Such report shall include information relating to initial mitigation, site investigation and remediation, and shall be submitted to the Director within ten (101 days of discovery of the spill/release. (2) In addition, spills/releases which exceed twenty (20) barrels of en E&P waste shall be verbally reported to the Director within twenty-four (24) hours of discovery. (3) In addition, spill/releases of any size which impact or threaten to impact any waters of the state, residence or occupied structure, livestock or public byway, shall be verbally reported to the Director as soon as practicable after discovery. c. Surface owner notification and consultation. The operator shall make good faith efforts to notify and , consult with the surface owner prior to commencing operations to remediate E&P waste from a spill/release my an area not being utilized for oil and gas operations. d. Remedlatlsn of spas/releases. (1) RimedWon workplen. When threatened or actual significant adverse environmental impacts on any air, water, soil or biological resource from a spill/release exists or when necessary to ensure compliance with the allowable concentrations and levels in Table 910-1, with consideration to WOCC ground water standards and classifications, the Director may require operators to submit a Site Investigation and Remediation Workplan, Form 27. (2) Rsmedatlon requirements. Spills/releases shall be remediated to meet the allowable concentrations in Table 910-1. Spills/releases exceeding twenty (20) barrels net loss of E&P waste shall be remediated in accordance with Rules 909. and 910. e. Spilt prevention. (1) Secondary containment. Secondary containment shall be constructed or installed around tanks containing crude oil, condensate or produced water with greater than 10,000 milligrams per liter (mg/i) total dissolved solids (TDS). Operators are also subject to crude oil tank and containment requirements under Rules 803. and 804. This requirement shall not apply to water tanks with a capacity of one hundred (100) barrels or less. (2) Spa/release evaluation. Operators shall determine the cause of a spill/release, and to the extent practicable, shall implement measures to prevent spills/releases due to similar causes in the future. For reportable spills, operators shall submit this information to the Director on the Spill/Release Report, Form 19 within ten (10) days after discovery of the spill/release. 907. MANAGEMENT OF E&P WASTE a. General requirements. 900-4 as ofAugust 30,2001 ( ? N DEPARTMENT OF PLANNING SERVICES _dr"+ BUILDING INSPECTION NORTH OFFICE 918 10`"Street GREELEY, COLORADO 80631 ' PHONE (970) 353-6100, EXT.3540 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 February 13, 2006 Duke Energy Site Specific Development Plan and Amended Special Review for a mineral resource development facility includinga natural gas processing facility in the Agricultural Zone District. 3rd AmUSR-552 1. A building permit shall be obtained for all proposed structures and additions to existing structures. Equipment requiring a foundation will also require a building permit. 2. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Each set of plans will require a Colorado registered engineer stamp. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. Please contact me for any further information regarding this project. Sincerely, ` d „ion Bryon Horgen Assistant Building Official 11 EXHIBIT clja a. 6 a n Weld County Referral 111kDecember 14, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Duke Energy Case Number 3r°AmUSR-552 Please Reply By January 11, 2006 Planner Chris Gathman Project A Site Specific Development Plan and Amended Special Review Permit for a mineral resource development facility including a natural gas processing facility in the A (Agricultural)Zone District Legal Lot A of RE-614 (located in part of the W2SE4) and a portion of a strip of land 150 feet wide located in part of the W2SE4 of Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado. Location 1/4 mile west of CR 47 and approximately %3 mile north of CR 64. i"'"" Parcel Number 0803 28 000062, 0803 28 000077 & 0803 28 000076 0 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) March 7, 2006 ❑/We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 0 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: 11/4217 /u//1100 ) Cll�ill y (t791/1/4 11!4 a ni ec.LP "La, SID ltj/�Q/icZ .4 G -'€- #000 kri, • r Signature ( d�ri/ udc 7 Date 42.6 -oS Agency 1cA,rsaQ,criAL/ EXHIBIT ❖Weld County Planning Dept. ❖918 10'"Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 4(970)304- J A' a ;), Weld County Referral Weld County Planning Department GREELEY OFFICE December 14, 2005 DEC � 20 2005 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Duke Energy Case Number 3r°AmUSR-552 Please Reply By January 11, 2006 Planner Chris Gathman Project A Site Specific Development Plan and Amended Special Review Permit for a mineral resource development facility including a natural gas processing facility in the A(Agricultural)Zone District Legal Lot A of RE-614 (located in part of the W2SE4)and a portion of a strip of land 150 feet wide located in part of the W2SE4 of Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado. Location 1/4 mile west of CR 47 and approximately 1/2 mile north of CR 64. Parcel Number 0803 28 000062, 0803 28 000077 &'0803 28 000076 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) March 7, 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. X See attached letter. Comments: Signature \\ Date 1 k_\q -D 5 1 Agency W r cC 1 +Weld County Planning Dept. +9118 101h Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-: Applicant: Duke Energy Case:3rd AmUSR-552 -, ji , ', Planner:Chris Gathman y x^ ( Y�` \\,, („ r / `mot dY t 4 i / ate. W h . • ra, ,,,,,,,,.,,, ir _ , IN r 'M<n. 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