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Home My WebLink About830166.tiff RESOLUTION RE: DENIAL OF USE BX SPECIAL REVIEW AND CERTIFICATE OF DESIG- NATION FOR AN OIL AND GAS BRINE WATER DISPOSAL SITE - ROAD 54 E-VAP PARK, LIMITED 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 , the Board of County Commissioners held a public hearing on the 16th day of November, 1983 , at the hour of 2 :00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the applications of Road 54 E-VAP Park, Limited, c/o Arvin G. Martensen, 2121 North Lincoln Avenue , Loveland, Colo- rado 80537 , for a Use by Special Review and a Certificate of Designation for an oil and gas brine water disposal site on the following described real estate, to-wit: Part of the NEq, Section 26 and part of the NWa , Section 25 , all in Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS , Section 24 . 4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, Section 30-20-104 , CRS 1973, requires the Board of County Commissioners to take into account certain factors for the Certificate of Designation, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence pre- sented in this matter, and having been fully informed finds that this request for a Use by Special Review and a Certificate of Designation shall be denied for the following reasons : 1. The applicant has failed to provide evidence that the submitted application materials are in compliance with the following sections of the Weld County Zoning Ordin- ance : Section 24 . 4 . 1. 3 - That the uses which would be per- mitted will be compatible with the existing surrounding land uses; and Section 24 . 3. 1. 7 - That there is adequate provision for LHR 9 830166 Pt o051 i. Page 2 { RE : DENY USR & CERTIFICATE OF DESIGNATION - ROAD 54 E-VAP PARK the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the applications for a Use by Special Review and a Certificate of Designation for an oil and gas brine water disposal site on the hereinabove described parcel of land be, and hereby are, denied. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 16th day of November, A.D. , 1983. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder ABSENT DATE OF SIGNING (NAY) and_Clerk to the Board Chuck Carlson, Chairman By :"- 0ti 6E-4,0 EXCUSED DATE OF SIGNING (AYE) Deputy County Clerk L John T. Martin, Pro-Tem ' APPROVED AS TO FORM: Att E eatftt-t-' (AYE) ene R. Brantner �J _ 6-) ...:-_- te'rl ) — -t 2-O--- (AYE) County Attorney Norman Carlson (NAY) J cq ine Jtso n DAY FILE: November 21, 1983 ATTENDANCE RECORD DATE: November 16 , 1983 TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET #83-69 , USR, Expand egg production facility, GEORGE STRUBLE DOCKET #83-70 , USR, Oil & gas production facilities , LUNDVALL OIL & GAS CO. DOCKET #83-71 , USR, Three radio towers, INTERSTATE BROADCASTING SYSTEM DOCKET #83-72 , USR & Certificate of Designation, Oil & gas well production water disposal site, ARVIN G MARTENSEN PLEASE write or print legibly your name, address and the DOCKET # , (as listed above) or the applicant ' s name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING A YYi0 -W e ,L7 (I' . 3 2 o 4': -170 / -)---1--' 7 3 7() v.e F3 - 7 y y 83 - 70 War-f .a 0. 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Ult._ t3 7 / ) • Jt /7,9 —& u.ci-- _.. 7 3 — 72_-_—_-_ 4/� z,, ;gip / S Q ,,,z_ �Z_ S 7 2_ --- ,c/� ' I •,f �� '> .�j am,a� 5?----3 ? 6 7'� y� t'fi (65I-1/9U--- 12 1 f (ell,/ ��?:5 c? lie\eq C an ce-✓ 1-' GY0 S 1-• lip, 1,2 r i��(r y3 ?Z Are- C j�'m t:SAW GUNGE 4) ,Li_-ID /7 yes irei-it e(r t( t, 4 V J 4 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS DATE: November 15, 1983 CASE NO. USR-540:83:3 APPLICATION OF: Road 54 E-VAP Park, Limited ADDRESS: 2121 North Lincoln Avenue, Loveland, Colorado 80537 Moved by Doug Graff that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for an oil and gas brine water disposal site located on the following described property in Weld County, Colorado, to-wit: Part of the NE1, Section 26 and part of the NWT, Section 25, all in T5N, R67W of the 6th P.M. , Weld County, Colorado. be recommended unfavorably to the Board of County Commissioners for the following reasons: The applicant has failed to provide evidence that the submitted application materials are in compliance with the following sections of the Weld County Zoning Ordinance: Section 24.4. 1.3 - That the uses which would be permitted will be compatible with the existing surroundingland uses; and Section 24. 3. 1.7 - That there is adequate provision for the protection for the health, safety and welfare of the inhabitants of the neighborhood and the County. Motion seconded by: Paulette Weaver Vote: For Passage Against Passage Ed Reichert Sharon Linhart Doug Graff Jack Holman Paulette Weaver Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on November 15, 1983, and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 15th day of November, 1983. Secretary JACK HOLMAN Votes No. Because he thinks that there is a definite need for this type of facility someplace in that area. Just because there are no other applicants for a facility such as this in that particular area, the fact that this one is needed at the present time. While it may not be in the very best location as far as the Town of Milliken is concerned, he still feels that the need is there. The fact that they do have to comply with the new state regulations and have better standards than did the other three oil facilities in the County, this one would probably have a lot less chance of having the same problems that are confronting the other sites. It is his feeling that the construction of these in comparison to the construction of the other three sites located in the county have concentrated on trying to prevent the problems that we have had with the other sites, i.e. , monitoring wells with everything else involved. It is just his feeling that fewer problems would be encountered with this site. SHARON LINHART Votes No. On the basis of the reasons outlined by the Department of Planning Services staff and in addition, she feels that the health and safety of the citizens of Weld County is in far greater jeopardy from the illegal dumping of this kind of waste material on our roads and in our rivers. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Sharon Linhart that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: U.S.R. 540:83:3 NAME: Road 54 E-Vap Park, Ltd. ADDRESS: 2121 N. Lincoln Ave. , Loveland, CO 80537 REQUEST: A Use by Special Review for an oil and gas well production brine water disposal site. LEGAL DESCRIPTION: Pt. NE4, Section 26; Pt. NWT, Section 25, all in TSN, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately one and one-half (12) miles northeast of Milliken; south of Weld County Road 54 and west of Weld County Road 25. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3. 1. 1 et seq. of the Weld County Zoning Ordinance as follows: - The policies of the Comprehensive Plan promote Use by Special Review proposal in an Agricultural Zone District so long as they do not create negative impacts on the environment or the County. The attached Operation Standards will minimize impacts on surrounding agricultural uses to the greatest extent possible. - The attached operation standards will provide adequate protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. - The use is both compatible with existing agricultural activity and with future land use which is contemplated to be agricultural in the Comprehensive Plan. - No overlay districts affect the site. The Weld County Planning Commission recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. Motion seconded by: Jack Holman Vote: For Passage Against Passage Sharon Linhart Ed Reichert Jack Holman Doug Graff Paulette Weaver Bob Ehrlich The Chairman declared the Resolution denied and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on November 15, 1983 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 15th day of November, 1983. Secretary PAULETTE WEAVER Votes No. Although the need is shown and the design seems adequate, she also believes that there seems to be some negative impacts to the Town of Milliken and to the future land use in that area. DOUG GRAFF Voted No - Because in his mind, the evidence presented at the meeting proveds that this would be a detriment to the town of Milliken in terms of health, safety and well-being of the citizens I i EoRAn®um` To Commissioners Date November 9 , 1983 COLORADO From Clerk to the Board' s Office Subject: Packets - USR, Martensen Mr. Martensen requested that this hearing be pre-advertised and conducted earlier than normal scheduling would have allowed. Due to the fact that the Planning Commission is hearing this request on November 15, 1983 , you will not receive the Resolution of the Planning Commission until the time of your hearing. . .. . ..._ . .. 1- P. Affidavit of Publication STATE OF COLORADO. 1 sa. County n of Weld, I YJ� I. .L— —k si of said County of Weld. being duly sworn, say that I am publisher of t LEGAL NOTICE ,- • .../Zte 2_d_dv, / NOTICE that the same is a weekly newspaper of general Pursuant to the Zoning Ordinance of circulation and n tad a d published in the Weld County.the Weld County Board of 'Ad/published Adjustment rs conduct ring hear. ing in the First Floor a publ r. 9t5 town of Weld County Centennial Center, 915 in said county and state: that the notice or adver- leth Street,-Greeley, Colorado at the JI time specified.AU persons in any men- tisement, of which the annexed is a true copy, d interested in the following request has been published in said weekly newspaper are asked to attend and be heard. far / consecutive BE IT ALSO KNOWN that the test and maps so certified by the Weld County weeks, that the hence was published in :the Planning Commission may be examined regular and entire Issue of every number of said in the office of the Clerk to the Board of newspaper during the period and time of pubh County Commissioners, located in the Weld County Centennial Center. 915 cation of said notice and In the newspaper 10th Street.Third Floor.Greeley,Cob proper and not in a supple.nent thereon .hat the erode. first publication of said notice was contained in DOCKET NO.83-72 the issue of said/, newspaper� bearing date. lii/a 3Cr A.D., 19 /if APPLICANT day of North noln Avenue2121 I and the last publication theteci, in Ili issue a: Loveland, Lincoln Avenue 111 P Colorado 8053] sat ,newspaper bearing date, the `� day ci DATE:November 16,1993 , 194, that the said TIME:2:00 P.M. O� L2 /4/n e f� ��, REQUEST:Use By Special Review and �1G� Certificate of Designation-Oil and gas well production water disposal site has been published continuously and uninterrupt- edly during the period of at least fifty-two con- LEGAL DESCRIPTION secutive weeks.next prior to the first issue thereof Part of the NE's.Section 26 and part of containing said notice or advertisement above the NW-,.Section 25,all In Township 5 referred-do; and that said newspaper was at the • NoriheRange 67 West of the 6th P.M.. Weld County.Colorado. time of each of the publications of said notice, duly qualified for that purpose within the mean- BOARDOFcomity O MISSIO COM NER Inn of an act, entitled, "An Act Concerning Legal WELD COM COLORADO Notices. Advertisements and Publications, and the Fees of Printers and Publishers thereof, and BY: L RYKNN FERAAN RECORDER E COUNTY A FN to Repeal all Acts and Parts of Acts in Conflict AND CLERK TO THE BOARD with the Provisions of this Act." approved April 7, BY:Mary Reiff,Deputy 1921. and all amendments thereof, and particu. DATED: tarty as amended by an act approved, March 30. DAT Wier 2,1953 Published in the la Salle Leader l9 an act-approvedt May 18, 1931. Thursday.November 3.Ivxa. .1 Publish eer Subscribed opc sworn, to before me this i/T day of (}�1 -�r A.D., 19 IV lay commission expires /7— 7-Ks — Notary Public • Li-X.? U.\ECI_tL7. .7'. A. ."Y ^ / '93 r .:r '1 9 . 17 AFFIDAVIT OF PUBLICATION CL tRr✓ THE JOHNSTOWN BREEZE TATE OF COLORADO ) ss 16 — Breese, Nov.• 10,O, 1983 i • COUNTY OF WELD .) I, Clyde Briggs, do solemnly swear tha 11.11.11111111111, am publisher of The Johnstown Breez that the same is a weekly newspap NOTICE Nonce printed, in whole or in part, and publish Pursuant to the zoning laws of in the County of Weld, State of Colorac the State of Colorado and the - Pursuant to the zoning laws of epublic County oh ytlZon`lo'Ig Ordinance, rll bedeew e,n tWhe State Coney Colorado olo adorai a the and has a general circulation therein; th ce. the Chambers of the Board of a public hearing will be held in said newspaper has been publish. • County Commissioners of Weld the Chambers of the Board of continuously and uninterruptedly in so. County. Colorado, Weld County County Commissioners of Weld Centennial Center, 915 10t - County, Colorado, Weld County County of Weld for a period of more thz Street, Greeley, Colorado. at the Centennial Center; 915 10t fifty-two V consecutive weeks prior to ti • time specified All persons in any Street Greeley, Colorado, at the manner interested In the Use By time specified All persons in any first publication of the annexed legal noti, Special Review are-requested to manner interested in the Use By or advertisement; that said newspaper h -attend and.may be heard Special Review are requested to attend and may be heard been admitted to the United States mails BE IT ALSO KNOWN that the , ' " text and maps so certified by the BE IT ALSO KNOWN that the second-class matter under the provisions Weld County Planning Corn- text and maps ao certified by the the Act of March 3, 1879, or at mission may examined in the Weld County Planning cam- amendments thereof, and that sa office of the Clerk to the Board of mission maybe examined in the County Commissioners,-located office of Me Clerk to the Board of in the Weld County Centennial County Commissioners, located' - • newspaper is a weekly newspaper du Center,'915 10th Street, Third, in the Weld County Centennial qualified for publishing legal notices at Floor, Greeley. Colorado. Center, 915 10th Street, Third g g Floor. Greeley, Colorado. ` advertisements within-the meaning of t DOCKET NO. 83-72-APPLICANT DOCKET NO. 83-75 laws of the State of Colorado. • APPLICANT Arvin n In Avenue • Trailblazer Oil and Gas. Inc That the annexed legal notice or advertis 2121• aand, Lincoln -3817 Carson - ment was published in the regular a. Evans, Colorado 80620 DATE: November 16, 1983entire issue of every number of said week - November DATE: 23, 1983 TIME z:oo P.M. newspaper for the period of consec REQUEST: Use By Special TIME: 2:00 P.M. tive insertions; and that the fir Review and Certificate of publication of said notice w s in the issue Designation — Oil end gas well REQUEST: Use -By Special production water disposal site Review — Natural gas pro- said newspaper dated a..i.R., A.D. 19$ ceasing plant and that the last publics ion of said noti tE.iAL DESCRIPTION LEGAL DESCRIPTION was in the issue of said newspaper dat Part of the NEV., Section 28 and A.D. 19 part of the N5 N Section ge, all 7 . of the NEVI NEVI, Section • In witness Wh^er�of I have hereunto s in Township 5 North, Range d West of the l 5 North, Range 67 West . the 8th P.M., Weld unty,iColorradoth .M. Weld my hand this ..,LI day of .7✓ov County. Colorado. - BOARD OF COUNTY BOARD OF COUNTY A.D. 1983 - COMMISSIONERS COMMISSIONERS WELD COUNTY, _ WELD, COUNTY, �� COLORADO - - COLORADOO ER AND CLERK BY: MARY ANN FEUERSTEIN BY: MARY ANN FEUERSTEIN Publish CLERK AND COUNTY CLERK AND RECORDER AND CLERK THE BOARD RECOROTO THE-BOARD BY: Mary Reiff, Deputy BY: Mary Reiff, Deputy Subscribed and sworn to before me, DATED: November ember DATED: November 7, 1983• Notary Public in and for the County PUBLISHED: November 10, PUBLISHED: ,November 10, We1d�Sfate of Coloradb 1983. in the Johnstown Breeze. 1983 in the Johnstown Breeze, 7;1,0-et-A.D. 19. Jo this,k'�... :•day 2Th '�J i7 fifl.:l +li ry Pub; My commission expires ' - /se NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado , Weld County Centennial Center., 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 83-72 APPLICANT • Arvin G. Martensen 2121 North Lincoln Avenue Loveland, Colorado 80537 DATE: November 16 , 1983 TIME: 2 : 00 P.M. REQUEST: Use By Special Review and Certificate of Designation - Oil and gas well production water disposal site LEGAL DESCRIPTION Part of the NEa, Section 26 and part of the NWa, Section 25 , all in Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff , Deputy DATED: November 2 , 1983 PUBLISHED: November 3 , 1983 , in the LaSalle Leader MAILING LIST USR 540:83:3 Gus and Minnie Vetter Excel Energy Corporation 10884 Weld County Road 52 1800 Glenarm Place, Suite 1100 Milliken, CO 80543 Denver, CO 80202 Carl Vetter, Jr. Zenith Drilling Corporation Route 1 505 Fourth Financial Center Bennett, CO 80102 Wichita, Kansas 67202 Fred and Mable Vetter Route 1 P Bennett, CO 80102 Ne�Fa �" Sr4 r Frank and Clara Vetter ( C cif-7 k C 2 5 Z 10742 Weld County Road 52 Milliken, CO 80543 r'\ . / k e'— (t2 Cr2/ 3 AEON Energy Company Silver Hill III 405 Urban Street, Suite 302 Lakewood, CO 80228 William J. Barrett Barrett Energy Company 405 Urban Street, Suite 112 Lakewood, CO 80228 Barry L. Snyder 405 Urban Street, Suite 302 Lakewood, CO 80228 Stephen B. Evans 405 Urban Street, Suite 302 Lakewood, CO 80228 Ted E. Amsbaugh 405 Urban Street, Suite 302 Lakewood, CO 80228 Alarado Resources, Ltd. P.O. Box 646 Monument , CO 80132 Owners and Lesses of mineral rights on or under the subject properties of record in the Weld County Assessor' s Office: Owners: Gus and Minnie Vetter 10884 Weld County Road 52 Milliken, CO 80543 1 Carl Vetter, Jr. Route 1 Bennett, CO 80102 ' Fred and Mable Vetter • Route 1 Bennett, CO 80102 ' Frank and Clara Vetter 10742 Weld County Road 52 Milliken, CO 80543 Lessees: • AEON Energy Company ' Alarado Resources, Ltd Silver Hill III P.O. Box 646 405 Urban Street, Suite 302 Monument , CO 80132 Lakewood , CO 80228 'Excel Energy Corporation William J. Barrett 1800 Glenarm Place, Suite 1100 Barrett Energy Company Denver, CO 80202 405 Urban Street, Suite 112 Lakewood , CO 80228 / Zenith Drilling Corporation 505 Fourth Financial Center 'Barry L. Snyder Wichita , Kansas 67202 405 Urban Street, Suite 302 Lakewood , CO 80228 'Stephen B. Evans 405 Urban Street, Suite 302 Lakewood, CO 80228 /Ted E. Amsbaugh 405 Urban Street, Suite 302 Lakewood , CO 80228 /1 Date: November 15, 1983 CASE NUMBER: U.S.F. 540:83: 3 NAME: Road 54 E-Vap Park, Ltd. ADDRESS: 2121 N. Lincoln Ave. , Loveland, CO 80537 REQUEST: A Use by Special 'Review for an oil and gas well production water disposal site. LEGAL DESCRIPTION: Pt. NE1, Section 26; Pt. NIA, Section 25, all in T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately one and one—half (1'-z) miles northeast of Milliken; south of Weld County Road 54 and west of Weld County Road 25. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24. 3. 1. 1 et seq. of the Weld County Zoning Ordinance as follows: - The policies of the Comprehensive Plan promote Use by Special Review proposal in an Agricultural Zone District so long as they do not create negative impacts on the environment or the County. The attached Operation Standards will minimize impacts on surrounding agricultural uses to the greatest extent possible. - The attached operation standards will provide adequate protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. - The use is both compatible with existing agricultural activity and with future land use which is contemplated to be agricultural in the Comprehensive Plan. - No overlay districts affect the site. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. OPERATION STANDARDS Road 54 F-Yap Park, Limited U.S.R. - 540:83: 3 1. The use shall be an oil and gas brine water disposal and oil recovery facility as described in the submitted application materials. No hazardous wastes or non-hazardous industrial waste shall be allowed at the site. The facility shall be designed, constructed and operated to comply with the Colorado Department of Health Solid Wastes Disposal Sites and Facilities Act, Title 30-20, Part 1, CRS 1973; as amended. 2. The facility shall consist of the following: A. One (1) office/residence located as shown on the Use by Special Review Permit Plan Map. B. Three (3) skim tanks and one (1) dump tank. The tanks shall be located as shown on the Use by Special Review Permit Plan Map. C. Four (4) evaporative ponds located as shown on the Use by Special Review Permit Plan Map. D. One (1) heater treater and two (2) storage tank batteries as shown on the Use by Special Review Permit Plan Map. 3. There shall be one (1) point of ingress and egress to the facility from Weld County Road 54. The point of access shall be located, designed and constructed in accordance with the submitted application materials and Use by Special Review Permit Plan Map. 4. The access road to the dump tank shall be constructed and maintained in accordance to the application materials and Use by Special Review Permit Plan Map. 5. ::trance to the facility shall be controlled by electronic gate, activated by credit card as described in the submitted application materials. The State Health, County Health and Planning Department shall be issued a card for entry to the facility. 6. A six (6) foot chain link fence with three (3) strand barbed wire fence shall enclose the Use by Special Review. 7. Evaporative Ponds: A. The four (4) evaporative ponds shall be engineer designed and operated in accordance to the submitted application materials and Use by Special Review Permit Plan Map. B. During the construction phase, a full-time professional engineering/geologic consultant must be retained for continuous inspection of the evaporation ponds. The consultant shall certify by letters addressed to the State Health, County Health and Planning Departments that the design, materials, construction and operation of the evaporation ponds comply with the specifications as listed in the submitted application materials and on the Use by Special Review Permit Plan Map. C. Any areas of highly pervious soils encountered in the bottom of the evaporation ponds during excavation shall be removed to a depth of one (1) foot and replaced with clays equivalent in composition and compaction density to those used for liner construction. D. A representative of the State Health Department or Weld County Health Department must inspect the final evaporation pond excavations prior to liner placement. Operation Standards Road 54 E-Vap Park, Limited U.S.R. - 540:83:3 Page 2 E. A representfitive of the State Health Department or Weld County Health Department must inspect the seepage detection system prior to placement of gravel and compacted material on the system. F. In the event it is concluded that the evaporation ponds are leaking or liquid waste is detected in the seepage detection system, the County and State Health Departments shall be notified immediately. Receipt of all waste at the facility shall be discontinued until it can be determined by the State or County Health Department, from evidence presented by the operator or State/County Health Departments, which pond(s) is leaking. The defective pond(s) shall be drained and repairs completed immediately in accordance with Operation Standard Seven (7)B. G. Operation Standard Seven (7)B shall apply to any evaporation pond liner left in a dry condition for a period of thirty (30) days of more. H. A gauge height indicator shall be installed in pond. The gauge must clearly indicate the depth of brine water waste. I. The evaporation pond(s) shall be kept free and clear of oil skims. J. In the event of an odor problem emanating from the ponds, an abatement program shall be instituted. 8. Dump and skim tanks: A. The dump and skim tank shall be engineer designed in accordance to the submitted application materials and Use by Special Review Permit Plan Map. B. During the construction phase, a full-time professional engineering/geologic consultant must retained for continuous inspection of the tanks. The consultant shall certify by letters addressed to the State Health, County Health and Planning Department that the design, materials, construction and operation of the tanks comply with the specifications as listed in the submitted application materials and on the Use by Special Review Permit Plan Map. ,,/- . _ �^i..,.. if::a`T 9 C. All dump tanks must be covered with one inch square wire mesh. 9. All operating records will be made available to the State Health and County Health Department upon request. Operating records shall be maintained as described in the submitted application materials and available at the time of request. The facility shall be closed in accordance with the Solid Waste Disposal Sites and Facilities Act. 10. A responsible employee, trained to differentiate between brine water and other drilling fluids, shall be at the facility during receipt of all brine water. 11. A dust abatement program shall be implemented on the access road leading to the dump tank. 12. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 13. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. Operation Standards Road 54 -E-Vap Park, Limited U.S.R. - 540:83:3 Page 3 14. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order t&-insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plansand/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. November 15, 1983 CASE NUMBER: U.S.R. 540:83:3 APPLICANT: Road 54 E-Vap Park, Ltd. REQUEST: A Certificate of Designation for an oil and gas well production water disposal site LEGAL DESCRIPTION: Pt. NE4, Section 26 and Pt. NW4, Section 25, all in T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately one and one-half (12) miles northeast of Milliken; south of Weld County Road 54 and west of Weld County Road 25. The Department of Planning Services staff recommends that this request be approved for the following reasons: 1. The attached development standards associated with the oil and gas production water disposal site will minimize the impacts on surrounding agricultural uses and the area to the greatest extent possible and provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. 2. The location of the facility is convenient for potential uses in Northwest and Southwest Weld County and Larimer County. Adequate access to the facility is provided by Weld County Road 54, a paved road. 3. The Colorado Department of Health and Weld County Health Department have reviewed this request for a Use by Special Review and Certificate of Designation and find, subject to conditions, that the facility will comply with the Standards of the Solid Waste and Disposal Site and Facilities Act, Title 30-20, Part 1, C.R.S. 4. The proposed facility is consistent with the policies -of the Comprehensive Plan. The subject site is located in the Agricultural Zone District and is allowed with a Use by Special Review Permit. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Department of Planning Services staff recommendation is conditional and based upon the following: 1. The attached Operation Standards for a Certificate of Designation be adopted. LAND USE APPLICATION SUMMARY SHEET Date: 11/15/83 CASE NUMBER: USR 540:83:3 NAME: Road 54 E-VAP Park ADDRESS: 2121 N. Lincoln Ave. REQUEST: A Use by Special Review and Certificate of Designation for an oil and gas well production water disposal site. LEGAL DESCRIPTION: Pt. NE1, Section 26 and Pt. NW's, Section 25, all in T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 11 miles northeast of Milliken; south of Weld County Road 54 and west of Weld County Road 25. SIZE OF PARCEL:49. 32± acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: This proposal requires two (2) separate motions and there will be two (2) separate staff recommendations. The first review, staff recommendation and motion will be for the Use by Special Review Permit. The criteria for review is listed in Section 24.3 of the Weld County Zoning Ordinance. The second review, staff recommendation and motion will be for a Certificate of Designation. A Certificate of Designation is required because the proposed facility is regulated by the State Solid Wastes Disposal Sites and Facilities Act. A copy of this Act is included in your packet. Section 5. 1. 1 of this Act lists the factors to be considered for a Certificate of Designation. The State Health Department and County Health Department have given conditional approval of this proposal for both the Use by Special Review and Certificate of Designation. Copies of the State and County Health Department letters are included in your packet. This proposal was continued from March 1, 1983 to give the applicants more time to address State and County Health requirements. The Town of Milliken does not hear this proposal until Wednesday, November 9, 1983. The Town's recommendation will be presented at the Planning Commission hearing. The Town's original recommendation is included with this packet. The Department of Planning Services staff has received a petition, phone calls and letters objecting to the proposal. The letters and petition date back to the original Planning Commission hearing. The original application was submitted by Mr. Ted Blehm. The new application was submitted by Mr. Arvin Martensen. Mr. Martensen is leasing the subject site. The corporate name for this proposal is Road 54 E-Vap Park. .- • 11111 --Q6J � 0 yrV. 1 \ ii o r • • p. I \', .;Z . —sew tt . - t• DiTh' _ . . • 1 •• , b b • la. 0i . a - suk 0. K ii ,i- '7'/z I p / mill▪ \\ t okt .•. : • • ,/t �♦•• 1 O0`-- - : ' .. t: d , • ▪ B • II - '4'= - .. -,„ e0 •42 in in in in in hT..f al'04 i1 7 CV n Ol r o � •...• 4 oz , • • : • . • 1.41•X i • • . • . a.;;C • : ‘ : . ",-,_• .0, •le • • ;71r: .41465.;.• II: I' XI : - • X • 'C ‘...} - ' a": r\- • • •• . \I. . �f,, .L.. ... Q .1. .. ' • .es • (i A th 0 / 1 A in A l r: n o �aa w l a v 1 p— DEPARTMENT OF PLANNING SERVIC PHONE 130313564000 EXT.4 915 10TH STRE GREELEY,COLORADO 80C O October 26, 1983 COLORADO Mr. Arvin G. Martensen 2121 North Lincoln Avenue Loveland, Colorado 80537 f Re: Request for an oil and gas well production water disposal site on a parcel of land described as part of the NEk, Section 26 and part of the NWT, Section 25, all in T5N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Martensen: Your application and related materials for the request described above are complete and in order at the present time. I have shceduled a meet- ing with the Weld County Planning Commission on Tuesday, November 13, 1983, at 1:30 p.m. This meeting will take place in the County Commis- sioners' Hearing Room, First Floor, (#101) , Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Weld County Planning Commission might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three (3) miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Milliken Planning Commission for their review and comments. Please contact Nora Schiferl at 587-4331 for further details regarding the date, time and place of this meeting. According to our records the Milliken Planning Commission will meet on November 9, 1983, at 7:30 p.m. It is recommended that you and/or a representative be in attendance at the Milliken Planning Commission meeting to answer any questions the Planning Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least ten (10) days preceeding the hearing date. Sometime prior to November 4, 1983, you or a representative should contact me in this office to obtain a sign to be posted on the site no later than November 5, 1983. Mr. Arvin G. Martensen October 26, 1983 Page 2 The Department of Planning Services staff will makea recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of an applicant to contact the Department of Plan- ning Services office a few days beforethe date of the Weld County Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, :' C _ ,�,. Rod Allison Current Planner II RA:rg FIELD CHECK FILING NUMBER: USR-540:83:3 DATE OF INSPECTION: November 5, 1983 NAME: Road 54 E-Vap Park REQUEST: A Use by Special Review Permit and Certificate of Designation for a brinevdisposal pit LEGAL DESCRIPTION: Part of the NE/, Section 26 and part of the NW4j Section 25 all in TSN, R67W of the 6th P.M. , Weld County, Colorado LAND USE: N Weld County Road 54 and cropland E Cropland S Cropland W Cropland and State Highway 257 ZONING: N Agriculture LOCATION: Approximately 1.5 miles northeast E Agriculture of Milliken; south of Weld County Road 54 and S Agriculture west of Weld County Road 25 W Agriculture COMMENTS: Access to the site is from Weld County Road 54, a paved road. There is an oil well on the subject site. The balance of the property is irrigated cropland. There are no improvements on the subject site. The subject site is located on rolling terrain. BY: g/ C Rod Allison, Current Planner II RA:rg 1 REFERRAL LIST APPLICANT: Road 54 E-Vap Park CASE NUMBER: USR-540:83:3 SENT REFERRALS OUT: October 26, 1983 REFERRALS TO BE RECEIVED BY November 4, 1983 z m z Z O- En o Z H o < W 0 dq m N W 2 U O2 O W O U O w' W 0 W W U 0 U 0 SZ W U z W z z Z w w 0 Z VI a Z County Attorney (plat only) Nora Schiferl, Town Clerk Town of Milliken _ Weld County Health Department P.O. Box 97 X XX Will respond by 11-2-83 (have Milliken, CO 80543 r.ngineering Department Please phone results of x XX hearing by 11-10-83 `-- County Extension Agent Frank Repplier Colorado Geological Survey X Waste Management Division 1313 Sherman Street 4210 East 11th Avenue ---.4 Room 703 Denver, Colorado 80220 Denver, Colorado 80203 (has copy of new application J Greeley Soil Conservation Service 4302 West 9th Street Road Greeley, Colorado 80631 Per letter of 10-25-83 (Norton) Ed Reichert IH.tsoing4nesiplication Planning Commission Member XX Division of Water Resources 19279 Weld County Road 17 1313 Sherman St. , Room 818 Johnstown, Colorado 80534 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 7 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 Colorado Oil and Gas Commission State Centennial Center 1313 Sherman Street Denver, Colorado 80203 • { r - 4 s ® m To Rod Allison , Planning Dare November 3, 1983 COLORADO From Ron Stow, Environmental Health •/1 subject: Road 54 E-Vap Park In addition to Mr. Potter' s comments (enclosed) , I make three recommendations , all pursuant to the Waste Management's letter of October 28: Page 1 . -Paragraph 3 1st sentence: include "constructed", after designed, #6, Page 2 - add: "During the construction phase," before that entire section. #7, Page 2 - insert "must" instead of "should" RS :kc rurji, c_ ,r,c r � 1� Enclosure i:�'/ 4 194 yield Co. Planning-Cammissior. (#0--at 'artio4Hf E D LI IL LIam To Ron Stow Date November 3, 1983 COLORADO From Wes Potter Road 54 E-Vap Park Subject: I have reviewed the Road 54 E-Vap Park application and proposal. Based upon my conversations with the applicant and his consulting engineer; their willingness to conform with the provisions and recommendations of the Colorado Department of Health Waste Manage- ments Division's letter of October 28, 1983, I can find nothing in the proposal that is in conflict with Department policy. Therefore, I recommend approval of the facility as proposed. WP/bks C!Ir1h n V.M I�','1 ;:97 4 1983 , J Weld Co. Planning Commission The Town of eNilliken Phone 387-4331 - 1109 Croau1 Street - P.fi. Box 97 - Milliken, Colorado 80543 February 24, 1983 Dear Sir: At our last Town Board meeting on February 9, 1983, it was brought to our attention that Weld County would like to know how the Town of Milliken feels about permitting the Blehm Lind and Cattle Company to place a production water disposal site north and east of Milliken. Theoretically there doesn' t seem to be any problems and actual construction of the facilities appears acceptable but because there are so - • many possible problems that could occur, we are vehemently against the proposal. This proposal raises the following concerns from the Town' s perspective: • 1. Though tests were undertaken to possible groundwater contamination and the tests were positive, tests were taken in December when the water table is at its lowest. What happens if there is contamination? 2. How was the size and capacity of the facility determined? While the area needs sites of this nature, are they planned to be distributed throughout the area or with the construction et one, not coordinated with others, simply create problems for one particular area of the County? Will all four sections of the land involved eventually turn into ponds? 3. What transportation routes will be used? Will there be extensive damage to Highways o0, 257, and 402? 4. Howwill the site be managed since no full time personnel is proposed? How will it then oe determined which six trucks will be permitted to dump? • 5. What will be done to discourage illegal offsite dumping? Who will be • physically responsible for cleanups of illegal dumping? We know this is very • likely to occur since Platteville estimates it receives 25 to 50 trucks per day, the majority of which illegally dump. 6. If this area is classified as a "Hazardous Waste Site" what will that do to our potential growth as a town? Devaluation of property will certainly occur. Will there be a threat to cur wildlife in the area? 7. What will happen to the surrounding farmlands if the ponds overflow from heavy rains? One homeowner is within `i mile of the site. 8. Only four people in the surrounding area were even notified about the site but a dozen came to us complaining when word spread about the proposal. • 9. -Who will guarantee that there won' t be any odors drifting into town (as in Fort Lupton) -- certainly not the Health Department since they never corrected the problem with the pond at the Johnstown Sugar Factory two years age. That smell was unbearable yet they did nothing and it has only ceased since the factory stopped complete production. — The Town of Milliken sincerely hopes You will consider our nosit ion . The proposed is ' our three mile radius and taus we feel our decision not to accept r..__ _rctosa_, Ter whatever reasons , shouid stop this project immediately from proceeding any further. JiJ '-' „------ Mayor, Mervin Martin '1 P - nl • 7 elJ� ilt �{{ P %/ LLCCa/CC, Stev"V Mulla1ly Barbara Dempsey y' Jane tt Tow Charles :lartin al /j l MErza5et Martinez ' • —� 2mt,1 -, R1.7a7k Ili ttl, James Gramling /—% i II I' ROAD 54 E- VAP PARK !. WELD COUNTY , COLORADO PREPARED BY II' NORTON, UNDERWOOD AND LAMB, INC. ENGINEERING ASSOCIATES GREELEY COLORADO ROAD 54 E- VAP PARK WELD COUNTY , COLORADO For Arvin Martensen Project No . 8232A October , 1983 Prepared By Norton , Underwood and Lamb , Inc . Engineering Associates Greeley , Colorado TABLE OF CONTENTS Section Page Introduction 1 Location and Size 1 Engineering Design 2 Site Monitoring 5 Expected Life and Closure 5 Appendix A : Application - Use by Special Review Appendix B : Application - Certificate of Designations Appendix C : Geotechnical Report Exhibit : No . 1 : Use by Special Review Permit Plan Map INTRODUCTION : The proposed Road 54 E-Vap Park is an oil and gas well production water disposal site . The highly saline production water will be trucked to the site and evaporated from clay- lined ponds . The site will serve the Greeley area , which currently has no site closer than the disposal sites near Roggen and Fort Lupton , Colorado . LOCATION AND SIZE : The disposal site is located three miles north and one mile east of Milliken , Colorado . The site is in Section 25 and 26 , T5N , R67W , of the 6th P . M . , being more particularly described as follows : Considering the north line of said Section 26 as bearing North 90° 00 ' 00" East with all bearings contained herein relative thereto . Commencing at the Northwest Corner of Section 25 , thence South 89° 36 ' 48 " East along said North line of the Northwest One Quarter ( NW1 /4 ) of said Section 25 a distance of 707 . 67 feet , thence South 000 00 ' 00" East a distance of 30 . 00 feet to the point of beginning , and South right-of-way line of Weld County Road No . 54 , thence continuing South 00° 00 ' 00 " East a distance of 24 . 00 feet . Thence South 66° 22 ' 44 " West a distance of 99 . 94 feet , Thence South 56° 51 ' 58 " West a distance of 98 . 67 feet , Thence South 54° 26 ' 31 " West a distance of 100 . 06 feet , Thence South 50° 51 ' 49 " West a distance of 99 . 89 feet , Thence South 47° 07 ' 32 " West a distance of 100 . 21 feet , Thence South 42° 27 ' 05 " West a distance of 99 . 82 feet , Thence South 38° 55 ' 12 " West a distance of 99 . 35 feet , Thence South 34° 42 ' 02 " West a distance of 100 . 00 feet , Thence South 31 ° 31 ' 15 " West a distance of 99 . 68 feet , Thence South 26° 03 ' 07 " West a distance of 100 . 08 feet , Thence South 22° 34 ' 08 " West a distance of 99 . 99 feet , Thence South 19° 04 ' 28 " West a distance of 98 . 92 feet , Thence South 14° 20 ' 33 " West a distance of 99 . 88 feet , Thence South 11 ° 33 ' 59 " West a distance of 100 . 22 feet , Thence South 5° 08 ' 11 " West a distance of 97 . 56 feet , Thence South 1 ° 45 ' 52 " East a distance of 91 . 92 feet , Thence South 89° 59 ' 54 " West a distance of 1049 . 89 feet , Thence North 26° 33 ' 54 " West a distance of 883 . 27 feet , Thence North 41 ° 01 ' 24 " West a distance of 410 . 90 feet , Thence South 90° 00 ' 00" West a distance of 210 . 30 feet , Thence North 00 00 ' 00" West a distance of 190 . 00 feet , To a point on the South right-of-way line of Weld County Road No . 54 , thence North 90° 00 ' 00" East a distance of 2068 . 00 feet , thence South 89° 36 ' 48 " East , a distance of 707 . 67 feet to the point of beginning . Said tract of land contains 49 . 32 acres , and is subject to all rights - of-way , easements , and restrictions of record . ENGINEERING DESIGN : The site was sized to handle an average of 15-80 barrel truckloads of production water per day . The water will be brought to the site in the trucks and placed in the first of a series of four- 500 barrel concrete tanks . The production water which contains up to 2% crude oil will flow from tank to tank through a series of openings and baffles designed to trap the oil in the top of the tanks and allow the water to flow out the bottom of the tanks . The water will then flow out into the ponds to be evaporated . The oil will be drawn off from the tanks to a small treatment unit where heat treators will evaporate the last of the water from the oil . The oil will then be stored in an oil storage tank until it is hauled to a refinery by tank trucks . Evaporation data from Fort Collins and a map showing average annual evaporation from shallow lakes prepared by the U . S . National Weather Service , shows an average evaporation of 36 . inches per year to be a reasonable value for the Greeley area . If all evaporation is assumed to occur during four summer months , then the maximum effective pond depth will be 8/12 ' s of the average evaporation or 24 inches . Pond freeboard was determined by using the maximum probable amount of precipitation expected to fall on the pond in 48 hours - 30 inches - and . allowing for six inches of salt accumulation . Total pond depth will , therefore , be five feet . The ponds will be lined with a minimum twelve- inch thick liner using the native clayey soils compacted to 95% of Standard Procter Density , AASH0-T99 . Liner placement techniques are outlined in the geotechnical report by Empire Laboratories , presented as Appendix C . Each pond will have a twelve foot wide access road around it . A qualified soils engineer shall monitor construction of the ponds and provide written certification to the Colorado Department of Health , Waste Management Division , and the Department of Planning Services . Salt accumulation in the ponds was calculated to be less than 0 . 40 inches per year , assuming a salt content of 100 pounds per 1000 gallons of production water . The six inches allowed for salt storage in the ponds will give approximately 15 years of operation before cleaning is necessary . At that time , the salt will be carefully removed from the ponds in such a manner as to avoid damaging the liner and disposed of by sell - ing for another use or hauling to a solid waste disposal facility . The disposal site ' s location near the top of the hill reduces the drainage area above the site to zero . The site will be graded so that the small amount of runoff water will be channeled around the evaporation ponds and into the drainage ditch on the south side of County Road No . 54 . The top of the pond walls and concrete tanks will be set a minimum of 12 inches above grade and the ground will be sloped away from these structures . The inside of all tanks will be coated Ito minimize seepage from the tanks . The site will be fenced lto prevent unauthorized access to the ponds . During the initial filling of the ponds , an average of li 25 loads per day will be brought to the site until June 1 , 1 1984 , the start of the four month evaporation season . The four concrete tanks will hold a total of 2000 barrels which is equal to the total water brought to the site per day , at 1 25 loads per day . This provides a minimum of 24 hours between the time the production water is brought to the site and when it reaches the ponds . This will allow the oil to separate completely from the water before the water reaches the ponds . The schematic diagram on Exhibit No . 1 shows the tank layout and piping . The tanks will be covered with one inch square mesh to prevent access to the tanks by wildlife especially water fowl . I SITE MONITORING : The State and Weld County Departments of Health require monitoring to detect pond lining failure to avoid contamination of surface and groundwater . As there are no perennial streams within one mile downstream of the site , no surface water monitoring plans are proposed . Failure to pond lining will be monitored with an underground observation well program . This program is described in detail in the information provided in Appendix B . It will consist of a combination of monitoring wells and French drains under the ponds to detect seepage from the ponds . EXPECTED LIFE AND CLOSURE : The site is expected to operate as long as there are oil and gas wells in the area . It is almost impossible to project a date of site closure with the many variables involved with oil and gas drilling . When the site is closed all improvements will be removed along with all deposited salts . Because the lining of the ponds was constructed with on-site material , it is not expected that the lining will be removed . The site will be regraded to farmable contours and it is expected that it will be returned to farm land . Written By :AT/C-1c icaL L /J J/Ucutc KENNETH K . SHUEY , P . = I"i dy_emu. l 1 I APPENDIX A APPLICATION - USE BY SPECIAL REVIEW 1 1 1 1 1 1 1 1 1 1 APPLICATION 1 USE BY SPECIAL REVIEW ❑epar rent of Planning Services, 015 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 1 Case Num}, r Date Received Application Checked by .plicaticn Fee Receipt Number 1 P'cording Fee Receipt dumber 10 BE CONPLDTEO BY APPLICANT: (please print or type, except for necessary 1 signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review permit of the following described unincorporated area of Weld County Colorado: TRGAI. DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Par- of :,Li/4Section 26 T F ^I, R 17 to A Part pi Li.1??l— LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: HEIR Section ea T D N, R tie w and Section P5 T ; N , cT i Property Address (if available) None PPESNNT ZONE 'nricei tore OVERLAY ZONES Hone TOTAL ACREAGE a;..5 acres PROPOSED LAND USE Production water disposal site EXISTING LAND USE `rr)nated farming SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: IName: 81enc Land and Cattle Company Address: 11357 Meld To. 3d. L_ City (+:11iken Zip 30543 Home Telephone 458/-4575 Business Telephone 0 I Name: Address: City Zip Home Telephone if Business Telephone k 1 Name Address: • City Zip Home Telephone if Business Telephone u 1 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Hr. Arvin i'.artensen I Address: ?121 I . Lincoln Ave City Loveland, CD zip 0537 Home Telephone ft 567-6595 Business Telephone ft 569_2200 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: - EE ATTACHED LIST- Same: Address: City Zip 1 lame Address: City Zip Name: Address: City Zip I hereby depose and state under the penalitics of perjury that all statements, 1 proposals and/or plans sutmitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF HE!:: ) STATE OF COLORADO ) - I X /� - % I___2S4gnature: Owner or AUChorrized Agent ISehs^rived and scorn to before me this.[11 day of r^// 7; 1 t 19 NOTARY PU ➢LIC commission expires My Commission Frriroer.f ^ 1 AFFIDAVIT OF INTEREST OWNERS ^1INERALS AND/OR SUBSURFACE Application No. Subject Property NEl /4 , Section 26 . T5N R67W , and all of Section 25 , T5N , R67W , STATE OF COLORADO ) ss . COUNTY OF WELD THE UNDERSIGNED, being first duly sworn , states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder' s Office, or from an ownership update from a title or abstract company or an attorney. X /j ( 17(i l The foregoing instrument was subscribed and sworn to before me this 4c day of � �- �t CCUL , 19 5By /t. —/ ✓lC et f. WIT':ES_ my hand and official seal . My Commission expires : ryMY C misslon Expires Feb.23, MT ,dta y P�,H. i c Owners and Lesses of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: OWNERS: Gus and Minnie Vetter 10884 Weld County Road 52 Milliken, CO 80543 Carl Vetter, Jr. Route 1 Bennett, CO 80102 Fred and Mable Vetter Route 1 Bennett, CO 80102 Frank and Clara Vetter 10742 Weld County Road 52 Milliken , CO 80543 LESSEES : AEON Energy Company Alarado Resources , Ltd Silver Hill III P.O. Box 646 405 Urban Street, Suite 302 Monument, CO 80132 Lakewood , CO 80228 Excel Energy Corporation William J. Barrett 1800 Glenarm Place, Suite 1100 Barrett Energy Company Denver, CO 80202 405 Urban Street, Suite 112 Lakewood, CO 80228 Zenith Drilling Corporation 505 Fourth Financial Center Barry L. Snyder Wichita , Kansas 67202 405 Urban Street, Suite 302 Lakewood, CO 80228 Stephen B. Evans 405 Urban Street, Suite 302 Lakewood , CO 80228 Ted E. Amsbaugh 405 Urban Street, Suite 302 Lakewood , CO 50228 APPLICATION - USE BY SPECIAL REVIEW Supporting Documents The following are supporting documents required in the " Procedural Guide for Use by Special Review Application" . The numbering used is that of the guide furnished by Weld County . la . The proposed Waste Disposal Site is consistent with the Weld County Comprehensive Plan . The plan considers water pollution a vital concern in Weld County . Because of the small number of approved sites for disposing of the highly saline production water from oil and gas wells , there is a good possibility that illegal dumping of this water is occurring . This illegal dumping could lead to contamination of both surface and groundwater supplies . The site will help relieve this source of possible water pollution . lb . The Waste Disposal Site is located in an agricultural district . The site is consistent with the policies and objectives of the Weld County Comprehensive Plan for agricultural districts . It will serve to help protect the water quality of the area as explained in la . Although the site is presently farmed , the location and subsurface geology of the site make it ideal for a Waste Disposal Site . lc . All adjacent properties to the Waste Disposal Site are used for agricultural purposes . The site will pose no dangers or be incompatible to the existing surrounding land uses . The site will help protect the surface and groundwater quality as explained in la . ld . The future use of all adjacent properties is expected to remain agricultural . The Waste Disposal Site will pose no dangers or be incompatible to the proposed surrounding land uses . le . The Waste Disposal Site is not within any of the Overlay Districts ( Flood Hazard , Weld County Airport , Geologic Hazards ) and therefore is not subject to Weld County Zoning Ordinance , Section 50 , Overlay District Regulations . lf. The Waste Disposal Site is located in the "A" district . The site has been located to remove as little land as possible from agricultural production . The odd shaped site configuration was chosen so that interference to the existing center pivot irrigation system is kept to a minimum . The site will require that some land which is presently farmed be removed from production . The clayey nature of the soil , the absence of groundwater , and the location out of any floodplain or geologic hazard areas combine to make the site ideal for a Waste Disposal Site . It is felt that the advantages of the site in regards to the pro- tection of surface groundwater outweigh the loss of the site to agriculture . lg . The Waste Disposal Site has been designed using the latest engineering technology to provide protection of the health , safety , and welfare , of the inhabitants of the neighborhood and the County . 2 . The application is at the front of this Appendix . 3 . The certified list of all surface estate property owners within 500 feet of the Waste Disposal Site is at the back of this Appendix . 4 . The certified list of all mineral owners and lessees of mineral owners on or under the Waste Disposal Site is attached to the application at the front of this Appendix . 5a . See Introduction , Page 1 5b . The nearest residential structure is approximately one- half mile from the Waste Disposal Site . Sc . It is expected that two employees will supervise the unloading of trucks and perform routine maintenance during the day . Sd . A maximum of 25 trucks per day will bring wastes to the site . Se . Not used in the Guide . 5f . There will be no animals on the site . 5g . Vehicles using the site will be tank trucks , bringing production water to the site . The trucks will use county roads and the site access road to access the site . A maximum of 25 trucks per day will use the site . Si . Domestic sewage will be held in a vault and wastes trucked from the site at regular intervals . Si . See Engineering Design , Page 2 . 5k . See Engineering Design , Page 3 , Paragraph 2 . 51 . Construction time for the site is expected to start as soon as the necessary permits are obtained . Construction will take approximately one to two months . 5m . Landscaping will consist of native grasses on the outer slopes of the pond banks . 5n . See Expected Life and Closure , Page 5 . So . See Appendix B , Page 15 . 6 . The " Use by Special Review Permit Plan Map" is presented as Exhibit I . 7a . The lease agreement between Theador Blehm and Arvin Martensen is at the end of this Appendix . 7b . A letter from Little Thompson Water Company stating that they will serve the property is at the end of this Appendix . 7c . A copy of the deed on which the Waste Disposal Site is located at the end of this Appendix . 7d . It is requested due to the nature of the Waste Disposal Site , that the noise report requirements be waived by the Department of Planning Services . 7e . The geotechnical report is presented as Appendix C . AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property NE1 /4 , Section 26 , T5N , R67W, and all of Section 25 , T5N , R67W . STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within • five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submissi ate. 0 7 X The foregoing instrument was subscribed and sworn to before me this K, day �C_ t-7GC-1_ , 19(JNy cl / -"Le WITNESS WITNESS my hand and official seal . My Commission expires : My Commission Expires Pr,, :, C1 / to�j Public NAMES OF OWNERS OF PRUPLRIY 'Atlnln Wild reti Please print or type NAME ADDRESS , TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Blehm Land and Cattle Co . 11357 WCR 52 , Milliken , CO 0957-26- 0-00-011 Blehm Land and Cattle Co . 11357 WCR 52 , Milliken , CO 0957-26-0-00-003 Phillips , Mildred Hankins 423 Granada , Unit 10 0957-23- 0-00-012 San Clemente , CA 92672 1 q 10d‘ 1, a...ey•.L vest? „FEB 171978 > 9 , '• WARRANTY :MUD , /-I N .* I . �M� I �� ALL MEN BY 4r THESE PRESIBITS1\That GUS VETTER and ALICE M. VETTER, o` ;, 1 to . Husband and Wife, of the County oC Weld, and State of Colorado, for .r # I a Good and Valuable Considzatlpsm and Ten -7 (810.00) Dollars, in hand Oft j;) .7 paid, hereby sell and convey •td �LEHM LAND AND CA TTLL CO., a . „ . Corporation, of the County 'f-, ' .. s • of Weld, and State'of Colorado, all • of the following • 4'1� n n described lands located in Section 26 ` . Township 5 ,. . • r'�. N North, Range 67 west of the 6th P.M., to-nits • f o 1 o Parcel l e •.�• `! 1111 The North Halt of the Northwest Quarter (N 1 . except parcel particularly described in instrument 24-' recorded in Book 1581 at Page 405,y✓ records. 9 Weld County, o y` �',� Colorado o �.�,r` Parcel 2s The Southeast ryx' Quarter (eEk except pert cu arly described in instrument parcel more at Page 23, Weld County, Colorado records,recorded in Book 1603 A b,J;"�,' Parcel m J••)' 7 s The Northeast Quarter (NEB) . Ira iwa. `'•... y� r "`'+{" Reserving unto grantor, GUS VETTER, one-fourth of all oil, s other Minerals, together with the r_ �� .LJ• and • in,ssor LM purpose of exploring for and removinge■ , F" the same, on or under P `:. 11.. 3 above described. _ 'rl pF Also VETT reserving unto grantors, GUS as joint tenants with VETTER and ALICE M. 'fir •-,.�.. one-half of all oil, gas right of survivorship, .1' ..' ” <S' ;• with the right of ingess and other minerals, together ,.p • of and • rass for !� ', exploring for and removing the in, purpose - � t Parcel 2 above described, same, on .or under �' ..; with all its -same,appurtenances, and warrant the title to the ame, - - �' ire• I ":1l. subject to 1978 �•: --`p �`' general taxes and thereafter; also subject to `uM • rights-of-way, whether the same have been establishe d of record II or by usage, Special Districts, reservations, restrictions, 7 r` covenants, and allx r other conditions, �.'� now of record, if any. ►' „,,IV? Signed and delivered this 17th day of iebraruy, 1978. 7 SawDoNp.■v► Fes ff.r/ 7/,~i I l.': D,,.te F^EB 17 1978 n (SEAL) a ) art (SEAL). ?l. STATE Or COIgRAOO •'COUNTY O7•. WELD )e 17th day of hee foregoing19 ininstrument was acknowledged before me Rumbaed and Wife. by GUS VETTER and ALICE M. VE2'TER this �-+ WITNESS ■ " .."— r;. ,s ..N y hand ` f l� 1�;,... .1ydand official seal. 1 0.1 4-' f 6 e. ..,-,'v@ 5st F EB , , ��"' .• --.e , ,w 14�i.�44tL _�., .r.,-., ` THIS INDENTURE, Hada this 15th day of February, in the year of I our Lord One Thousand Nine Hundred and Sixty-Six, 'etween The Weld . i C County Bank of Greeley, Colorado, as Executor of the Estate of Alvia ;,:l l C. Garrison, also known as A. C. Garrison, Deceased, party of the Vii.. .ii; first part, and Blahs Land 6 Cattle Co., a Wyoming Corporation, -I . authorized to do business ., /16 the County of Weld, and State of Colorado, party of the second 0 part, Witnesseth that Ati Whereas, in the County Court of the County of Weld in the State ' al of Colorado, on the 25th day of February, A.D. 1966, in the matter of the estate of ASvia C. Garrison, alto known as A. C. Garrison, de- • ,`t�. . ceased: an order authorising and directing sale of the Real Estate hereinafter described was made and entered of record. ..7,7r, - i ' , And Whereas, The said party of the first part did, on the 25th - si', day of February, A.D. 1966, sell at private sale, for the total sum ; • . of 6190,465.00 D61lare, to the party of the second part, the herein- rte .. 7i after described real estate pursuant to and in full oapliance with said order of the Court, - '- .t And Whereas On the 25th day of Febru • ..;I f February. A.D. 1966, the said ' t,_ '"1 party of the first part, as Executor of said estate as of id, ' :r •4 submitted to the said Court a report of such sale so made as aforesaid, f••• •• 3` And Thereafter, an order confirming the said sale of Real Estate - , e. 4' - - was made and entered of reoord in the utter of said estate, which order is as follows, to-wit, TS"* "; (See Attached Order) x " Now Therefore, Th s Indenture Witnesseth, That the said party q.?";; - of the first part, in consideration of the premises and the further ,, it, oonsidera�ioa'ot the said sun of 6150,466.00 Dollars to it in hand y4e rIy •a ��•,L: p.44'.by the said party of' the second part, the receipt of which is , # l i. v,}.�,: ' hereby:4akn0wledged, has sold and conveyed, and by these presents .t `••' • 3 does,raSI'ant ()covey unto. the said i= 4'2�:',.`T+ party of the second part, iri „:�`• emoeelso5'6;aad assigns, all the right, title and interest which the 44 rod,r` +• :,2h." aaYd wLxc; Grriaet, also known's* A. C. Garrison had in him jite- ,� a v.4' r 3 .4',Pinta. k1 i tisusf•hi+� death La end to the following described . ,tS y s 4,:;71.-....,,,,� V , .,,:e.l rz, ;$•.;:-3`.1.7 ' - t^.• ' . � y �, 3 k { t i } ' .. 'J.�.i! 'y i .�ylG�f+� ` > `^' ?"� '"• fir "'"' i...\, i �,y� 17'' .r" ;,4f t. i4.r1 .ik + ., It): 1 + 's:.,t'k5dA, `w Er , Y.K. . 4'4 i'. A t,45.1 4,'"•141 arrl k. r } .�•+ F }i.• y. J.. 7( t 1} a e + Y. I Zak a !• ,e .! i.1•�!{..�l, Ya:7:7 r y .. 0+ - * /3%4'7'e r W ta,` / . , �( . •e`. a.. �# a f t' II,., : r '4.,.•'.1-.'-. . .t a }Fl : -.$'� '� ...eq•.,: ! r•tt—,••••-•Tea •} • ' , _ .,,• - t-?, ' Ma- : d t �c. , • S3 • } • u . axe ta 14t{.;44(: 5. a i. - .:Y' .. parcels of land, situate in the County of Weld, State of Colorado, _ to-wit: r PARCEL Ili The East Half (E 1/2) of the Northwest Quarter 'r. (NW 1/4), the Northeast Quarter (NE 1/4) of the Southwest - • Quarter (SW 1/Y), the Northwest Quarter (MW ,r.) ..• �.,: Southeast Quarter (SE 1/4) and the Southwest Quarter (SW 1/4) •of the Northeast Quarter (NE 1/4) in Section Eighteen (18), Township Four (4) North, Range 66 West of the 6th P.M.. a- t- - excepting right-of-way conveyed by Deed recorded in Book 114, Page 147 Weld County Records, together with an undi- i aided one-half interest in the Howe Ditch situatod in the " Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) it-' . and the West Half (W 1/2) of the Northeast Quarter (NE 1/4) of Section Twenty-four (24) and the Southeast Quarter (SE 1/4) of Section Thirteen (13), all in Townahi. :our (4) North, hr Range 67 West of the 6th P.M., and , - The North Half (N •/2) of the Northeast Quarter (NE 1/4) of "• Section 18, Tovnshap 4 North Range 66 West of the 6th P.M., excepting therefrom an undivided one-half of ell the oil, gas and other minerals lying in and u.oder and that may be pro- . duced therefrom. r A parcel of land situate in the West deli (W 1/2) of the Northwest Quarter (NW 1/4) of Section Eighteen (18!, Town- - ship Four (4) North, Range Sixty-six (66) West of the 6th P.M., described as follows! Beginning at a point on the North line of-said Section r4,hteen (18), which point is the Northeast (NE) corner c he West Hall (W 1/2) of the Northwest Quarter (NW 1/4) c. Section Eighteen (16)( thence South 00.23'24• West (W) 62Y.6 feet along the East line of ` • said West Half (W 1/2) of the Northwest Quarter (NW 1/4)) thence North 2'51'034 West (W) 626.6 feet to a point cn t .. - North line of said Section Eighteen (lq) thence North 89.43`42` East (E) 46.7 fest to the point of beginning, containing 0.38 sores, more or less, excluding the . .ghts of way of existing roads, .' . ,,, PARCEL /2r All of Section 25, Township 5 North, Range 67 West of the 6th P.M., in Weld County, Colorado, excepting •i therefrom the following described property, Starting at a SAE..; point which is 116,4 rods East and 48.4 rods North of the Southwest corner-of said Section 25, thence West 6.56 rods; ft thence North 24.25 rods to the South bank of the Greeley 6 - -p. Loveland flitch, thence Southeasterly along said south bank t,. of tT6•Grselq t Loveland Ditch a distance of 40.5 rods; a thence South 6 rods) thence Southwesterly 32.1 rods to the point of beginning, together with an easement for a right of t way for a road which extends Tres a point 115.4 rods East of - t the Southwest corner of Said Section 25 in a northeasterly , i direction a distance of 48,1 rods to the residence area above "t ". described; together with easement for existing power, tole- C phone and other utility services to the above described roperty. '�' >: - a 14 � PANC6.'.-43, An undivided one-half interest in and to`� RV: r._ I:. ? that Bert of Section 26, Township 6 North, Range 67 West of N in Weld Coin .i.• • the Itt. , ty, .Colora •esor4q4 as follower h. . (i NI el '-�' NsreN ®M�®O • . , 5� .y`i 4�,'° }' Y ft Z @ r'"{ tS a v4.� �' "y y T°�''p° ;: r. r 1 �u • i s • ♦ • f Pow ..• . 24. soa, .04tl 14`i3441: :' Starting at a point which is 115.4 rods East and 48.4 rods North of the Southwest corner of said Station 15, thence ` ,.x T*- `_. West 6.56 rods; thence North 24.25 rods to the south bank � of the Greeley t Loveland Ditch, thence Southeasterly ' ` along said south bank of the.Greeley 6 Loveland Ditch a distance of k0,: rods; thence South 5 rods; thence South- westerly 32.1 rods to the point of beginnir- together with an easement for a right of way for a road which extends from a point 115." rods East of the Southwest c orner of x said Section 25 in a northeasterly direction a distance of 48.8 rods to the residence area above described, to- A ;ether with easement for existing power, telephone and other utility services to the above described property. ,.a To Have and to Hold the Same, With ell the appurtenances thereunto belonging, or in anywise appertaining, to the proper use, benefit and behcof of the said party of the second part, its succeseore and assigns forever. �yo.wv:.....e v 0 U Nr 16,WITNE65 WHEREOF, the said party of the first part, as a C ad r said estate as aforesaid, has hereunto set its hand `r r agd.Va .74211g day and year first hereinabove written. 2t 'HE <�,LC Y BANK of , Colorado - /l Bfr Lw-'� G� .m, -.� 4 • 1- ` ; AU ✓- r ,Trust Officer I `�-ELEY........• As the Executor of the Estate of Alvia C. Garrison, also known as A. C. - - Garrison, Deceased STATE OF C LORADO ) COUNTY OF WELD ) sae __ he foregoing instrument was ackn ledged before 41410 �/'r day of February, 1966, by EDWIN C. BOOS trust Officer 1}('7f 8� County Bank of Greeley, Colorado, as Executor of the EsgtayB 3oriA1v14 C. Garrison, also known as A. C. Garrison, Deceased. r !y ocmmiseion expires, U-i/-6 9 '.i n.Ce s Witness my hand and official seal. .---4-1, bd10.q -z # /— .y e e Una+ - Di.striat*tly n an for tie County of Weld and Stan-atnlorado, do hereby r that the order confirms of Real Estate, as recited ir the w and foregoi , s • full, true, and com- • plete copy of the same a ns of record and on file in sty office. WS hand and seal d Court at Greeley, Colorado, in ounty, this day of Feb A.D. 1966. r • c ).y'• i ke 4^k • �M1 1 ..�r ,i.:(9.044- T• .� , i. Y•.; 3.y, ��e �J' atw l r ..+n ,,..4, I I �At • • fir., iY. • <L A ?-wi ,.,.. •"r 1 1,48:344(, r . 6- IN THE DISTRICT COURT s• ,.: IN AID FOR THE LO or WELD AND STATE OF COLORADO ' INo. P-9774 IN THE MATTER Ol THE ESTATE OF ) ALSIA C. GARRISON, also known ) as A. G. GARRISON, ) ORDER CONTI IU(INC SALE OF REAL s Deceased. ) ESTATE This matter coning on to be heard this day epee the report of 7 the sale at private sale by The Weld County Sank of M}1r elc1}or.4a the Executor of the above entitled estate, to Rlch, Land I Eittt. Cb', +° 4 - " of the following described real estate located in the County of Weld .c-'. v1 and State of Colorado. ,z *c .5.:. PARCEL I1. The taut Half (E 1/7) of the Northwest Quarter ANY 1/1), the Northeast Quarter (NE 1/►) of the Southwest E Quarter (SW 1/4), the Northwest Quarter (NV 1/4) of the Southeast Quarter (SE 1/4) and the Southwest Quarter (SW 1/4) • of the Northeast Quarter (NE 1/4) in Ssctior F(5rteme (15), 4 ' ! Township Four (4) North, Range 55 West of the 7th P.R. excepting right-of-wey conveyed by Deed recorded in Rook 114, t. S> ^ Page 147, Weld County Records, together with an undivided ose-hat{ interest in the Rows Ditch situated in the Southeast 1 Quarter (SE 1/1) of the Northwest Quarter (NW 1/ and the West Half (w 1/2) of the Northeast Quarter (NE 1/4) of Section Twenty-four (24) and the Southeast Quarter (SE 1/4) of Section Thirteen (12), a_1 in Township Four (4) North, Range 67 Weet of the 5th P.M., end The North Half (N 1/2) of the northeast Quarter (WI 1/4) of Section 11, Township 4 North, Range 55 West ofthe It% P.M., . in Weld County, Colorado, •:ouptia{ therefrom an undivided I one-half of all the oil, gas and other minerals lying in and under and that nay be prodaoed therefrom. A parcel of land situate is the West Half (W 1/2) of the a Northwest Quarter (NW 1/4) of {suttee Eighteen (1R), Town- ship tom. (►) North, Range Sixty-six (5S) West of the 5th P.M., described as follow. Segtaeing at a point on the North line of said Section Eighteen (15), which point is the I, Northeast (NE) corner of the VestHalf (Y 1/2) ef the North- D' I west Quarter (NV 1/4) of Section Eighteen (16). thence South 00.72'74• West (W) $24.5 feet along the East line ef said ♦-- West Ralf (W 1/2) of the Northwest Quarter (NW 1/►)6 thence '� North 2.61'02• Vast (W) 175.1 feat to a point on the Skeet x line of said Section Eighteen (11)1 theme. North RIe51.12e East (E) 41.7 feet to the point of beginning, containing 7.14 acres, mere or leas, excluding the rights of way of ♦ societies roads. _ PARCEL I7. All of Seetton 26, Township S Worth, Range $7 - West of the 5t). P.N., excepting therefrom the following des- cribed property. Starting at a pint which is 111.4 reds East and 4S.► rode North of the Southwest esrnor of said teatime : 1 `1, thence West S./1 reds, theme North 71.21 rods to the a- '4 South bank of the Greeley S Levelead Ditch, thence South- easterly along said south beak of the Greeley 2 Loveland ) % Ditch a distance of 40.5 roteethe( thence teeth I reds) thence Southwesterly 12.1 redo to the point of beginning, together I Y 4 with an easement for a right of way for a road ebl creeds � ffw s point 111.4 rods East of t►e Southwest corner of said Section 2S Ls a northaaoterly direetioa a dietesesof I r 45.1 reds to the residence area above dseeribedl together 0 M; t S k"44-" yr ( :6P. 11 ( y,. n•L 4 ♦r. 75 a t.. '�'/f 4. . /fyii 0 .tR_ YS.. r-r -r:• y. >.r gq4tN> � f' rJe „`. '-,a 561 148:14,16# ' 5 — S t •' • ✓- with easement for existing power, telephone and other utility services to the above described property. - .? ... PARCEL O6; Aa undivided ono-half interest in and to AU a ' , .y '?• that part of Settles 26, Township g North, Range 67 Nest �, ". .. .f the 6th P.N., described as follow, Starting at a . - point which is 116.4 rods last and 40.0 reds North of the • t terser of said Section 26, thence West 6.66 rods; theses North 25.26 rods to the saute ban of tn. Wesley 6 y •' Loveland Ditch, thence Southeasterly along said south beak *' •+ - of the Greeley 6 Loveland bitch a distance of 40.6 rods; k -.4,,r :. .themes South S reds; thence leatkwasterly 62.1 reds to the point of beginning, together with en easement for a right of way for a road which extends from a point 116.4 rods '. fast of the Southwest terser of said Section 26 1n a-north- •-.a*lasra,,v. easterly direction a distance of 40.0 reds to the residence arse above described, together with easement for existing ,power, telephone and other utility services to the above described property, r,, for $110,►26,01 epos the following torn*. 617,066.00 smash, the npeid balance to bear interest at the rate of 6 1/2 t per mums' and to be paid as follows; $1,000.00 or more on principal each year • ,,;�j,•,;z.,. with the total unpaid principal and interest die and payable on or 4. before five yea from January 1, 1160, interest to be paid teal- .. A h t annually, and to be secured by a first Deed of Tryst on said praises • and on the other vadividel owe-half interest is Parcel /1, together •}- �'. with the following additioeal water stocks 6 shares of the capital • stock of the Greeley I Leveled Irrigation Co. and 6 1/2 shares of : the capital stock of the Seven Lakes Reservoir Co., and it appearing r. -- to the Court, and the Court finds, that said *ale was legally made `tic sad fairly conducted, that the sum bid was not dioprepcetienete to s. the value of the property sold, red w* net lase than the appraised ,?. •. 4. - IT IS ORDERED that said report and sale are confirmed and that the per*ewb representative execute a conveyaow of the pretties sold sad described in said ropers, and herein, to the said r-.•' pure►asq thereof. ICC' Done and signed in open Court day of bruary, �../1, !h 1006. ,I�`:. Q{ i4 • t. • t i. • S I • s of the District '. Court "is� s ti{ . to s o ore , e hereby certify '. '..r: that titer 'ins Order Confirming Sale of Real Estate se attached ,: to the:• " p.e 'is a full,'true and complete copy of the'eeas as it re- " nine or ?i�d11. in myeffics. _ �'ar., tor, Ni pal of said Court .1 Co or e ♦ ..i . "i' • c. tyt';p Y ',day of February A.D. 1966. + Co m9L�Te- q >'. ''+k �'t /">:',..Sint, • t `?9'1 {y,� +4.. 1�,. + Lt� 0*eY1,.otasZ ..• 4`ift t 'f .4 ^t}{ik ` tu }1k.p "W'• ,y�¢1t � t:n yffi x. - t /,.a,r•.�:) . ! ,,, 4%4,4' ..A,{'clarj/4•.7`'9 '-v . .., ".. . F,. _ ',',".'tS'. _ '.t.`-.?,. LITTLE THOMPSON WATER DISTRICT DIRECTORS: TELEPHONE 532-2096 DEAN G. ANDERSON. 307 WELCH AVENUE PRESIDENT r DRAWER O CHARLES ALLEN BE0.THOU 0. COLORADO 00513 LCD BASEL PAT DORSET DAVID MCGEE C. THOMAS RICORD CAREY J. SALOMONSON MANAGER: LOVILO M. PAGAN September 13 , 1983 Weld County Planning Commission Attention: Rod Allison Dept. of Planning Services 915 loth St. Greeley, Co. 80631 Dear Mr. Allison: The Little Thompson Water District is able to serve domestic water to property owned by Blehm Cattle Co. from the existing water tap at 11357 Weld Cty. Rd. 52, Milliken, Co. Mr. Blehm requests that he be able to serve property at 10600 Weld Cty. Rd. 54, Milliken, Co. from the existing water tap. Very truly yours : LITTLE THOMPSON WATER DISTRICT 1, Carol Glick, Office Secretary 31 LEASE THIS LEASE MADE and entered into this day of , 1983, between BLEHM LAND AND CATTLE COMPANY, a Wyoming corporation, hereinafter called "Landlord", and E-VAP, LTD. , hereinafter called "Tenant". 1. The Landlord hereby leases to the Tenant the following described parcel of land: See attached Legal Description. 2. AMOUNT OF RENT AND METHOD OF PAYMENT The Tenant shall pay to the Landlord rent at the rate of $180.00 per acre per year. The rent shall be paid in monthly installments equal to the number of acres multiplied by $180.00 divided by 12. Each monthly rental installment shall be paid by the first day of each month for that month's installment. The rent payments shall be paid at the address designated by the land- lord. 3. LENGTH OF LEASE This lease shall be effective for as long as the Tenant corporation decides to continue to lease said property, providing the rent remains paid. Any decision to terminate the lease will be a corporate decision by the Tenant. 4. USE AND IMPROVEMENTS OF PROPERTY The Tenant intends to use the leased property for construction of an oil field waste water disposal plant. The Tenant shall, after completing construction of various ponds and installation of various structures, maintain the leased property in such a manner that is consistent with or superior to the appearance of the surrounding farm land. At such time as the lease is terminated, • tenant may remove the office-residence building that was previously moved onto the site, all salvageable fencing and equipment. Together with such removals, all concrete structures, pond residue, etc. shall be disposed of as required b_v local and State health agencies. The site will be returned therefore, to its original condition for farming purposes, not including any irrigation equipment. Tenant shall, after the first twelve (12) months of operation, demonstrate to the Landlord a financial reserve that has been committed and will be maintained for such restoration purposes. 5. WATER The Landlord shall provide raw irrigation water for land- scaping needs on the leased premises. The landlord shall also provide raw water for purposes of keeping the oil field waste water disposal ponds filled to the necessary levels. Domestic drinking water for use on the leased property shall also be provided by the Landlord. The Tenant shall pay the Landlord for all water provided at the current market rates for such water. £. NATURAL GAS The Landlord shall provide the natural gas necessary to operate the "Treater" and for general operation purposes. The Tenant shall pay the Landlord for such amounts of natural gas as are used at a cost equal to the well head cost on the natural gas wells on the Landlord's property. -1- LEASE I iLEIIM LAND AND CATTLE COMPANY / E-VAP, LTD. Page Two 7. EFFECTIVE DATE OF LEASE The Lease shall become effective upon the issuance of the required Weld County permit to operate said disposal site. Upon payment of the prorated monthly rent, Tenant may take possession and immediately proceed with construction. All rental payments will be due on the first day of each month thereafter. 8. This Lease is made by and between the parties hereto with the express understanding and agreement that, in the event the Lessee becomes insolvent, or is declared bankrupt, then, in either event, the Lessor may declare this Lease ended, and all rights of Lessee hereunder shall thereupon terminate and cease. It is further expressly understood and agreed that all covenants and agreements in this Lease contained shall extend to and be binding upon the heirs, executors, legal representatives and assigns of the respective parties hereto. WITNESS the hands and seals of the parties aforesaid, the day and year first above written. BLEHM LAND AND CATTLE COMPANY E-VAP, LTD. 6y: By: AMERICAN AG CORPORATION By: Mortgagee of Leased Premises 1 ]1 1 l -Z- 1 •' 0 > 4 + 4 4 4 4 4 4 1 4 Y -• r N. r n nn n p > 0 Z • - 0 - 0 0 0 O C n n n m m n n n n n n n n n n n n m n 2 C 2 I 2 2 C > 1 4 a - > Z 2 Z 2 Z 2 Z 2 Z Z Z 2 Z Z Z 2 2 2 4 n 4 n i 4 N 2014 n Ll .'1 n n n n n n n n n n n n n n n n n - I • - 4 4 2 -i 0 4 C n n n n n n n n n n n n n n n n n n 0 O Z - a 4 n n > 0 • 0 -9n z n21 in 2 0 61 N N N VI N N N IALl N N N UI N N C - m z 0 r . .- n Z 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A 0 4 2 0 - • — 4 Z C C C C C O C C C C C C C C C C C n 1 0 2 2 0 -i • 4 4 4 4 4 4 4 4 4 -inn 4 4 4 4 r n o 11 II i • . 0 -.0 0 I - I - 0 0 > 44n - z • • 2 . 2 4 DA r -- 4- 0 n 0 n _ 0 • > • 4 • 0 O A 4 n - Z 9 N . .1 ,. 0 U U U U O O 04: 0 00 CU 0101)0 0 C o -I _ 2 0 n > . n 2 • I n z m 0 4 2 0 0 4 • UI O • N CI tousucisaw . . . - a . -( n2 n 2 > o 0 - - - • - - n N O - 4 4 m 4 - 4 • C 214 -42 > I n n C no 4 o 0uw roc. o -“ -bow • u • O N -4 -4 n > • > - _ • I. _ u » > 4 0 S - r 0 4 4 n n < - n 0 4 m a - - - - - 0 > m n . n 2 r -0 0 20 0 • 0 - n - - -- _ 0 S i i i LI m n z - 2 0 D 4 4 0 - _ 7 n > `I n r n n n r, n n nil !1 :1 n n n — C -. 0 » 2 4 U 0 0 Li N 11 W L1 12 Ll L1 la l' LI .1 0 V. 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C _ . .. - 2 2 2 Z Z Z Z Z Z Z Z 2 Z n • 0 n 7 r _ - n n n n n n n n n n n n n n n n n n •. ri 0 r% m m � .l ft n 71 :I 0 a n 1 n n n m :1 rl n • — n 0 7 0 e. 0 0 4 0 > n s u o 0 0 0 0 o 0 0 0 0 0 0 0 0 0 o o 0 o OO -z :1 2 r C • 1 `1 1 . 1 1 • • I n 11 • 1 • • n 1 • -I 1 0 • 4 0 _ - 1 . - 0 > 0 •' _ Z 71 N O -I r I9 o r o • C n > » > C Z • L: 2 4 0 0 0 r - n O r r • a . . . a . • • . . 0 —> a - . 0 4 CI :.1 0 2 - n 0 O L 4 n: r > - 7 A - 0 a - »l • • n • • • • • - • 0 n I > < Z n C :1 n n n 0 M , n • n T , n • n n 0 y n n 2 0 » u 2 94Th nn llnn rinnnn ;l nn T CI41 an — 0 - n 4 n n 4 4 n 4 4 4 n 4 `1 4 41.1 4 n 4 4 4 n - n I 0 2 0 m 0 D a p > u 4 < - - T. 2 n 4 • 2 4 2 0 0 V Z A 0 - O O » o 0 N > o 4.Z u C A 0 n n - N 4 4 + n Ll n > 1 4 O 4 0 2 0 p - 0 - 0 - • 0 . • > 0 0 C L1 0 2 0 4 0 Cu u 1. p 1 I- > •. o n o n 4 » n 2 • . 0 > v 0 I • n n - - 2 r n • 1 • n 2 n . O z n 2 n m > O • m > i _ 2 Oa 0 U > 0 > • 2• 4 0 • _ 7 r 0 n > • r ){ r •> o n n 7 n 2 A '- 0 o z .. > > A O N N - 2 9 UI • 4 y 2 0 0 4 4 N • n A > 0 > i 4 1 4 n z C • r - 2 I N n o n 4 n 0 4 > i 4 0 n I n 2 r n 0 0 4 0 m 40 o 0 A • > 2 4 • _ N r 1 1 •• i n > r A 0 < Z• - 2 n o - -Inc 0 - n z n 0 0 n - > > O o • n 0 A 2 1 > -C, a I n 4 -4 1 I 1 NORTON, UNDERWOOD AND LAMB, INC. ENGINEERING ASSOCIATES 1020 28TH AVENUE SUITE 205 GREELEY, COLORADO 80631 303 -- 351-0550 October 19 , 1983 Colorado Department of Health 4210 East 11th Avenue Denver , CO 80220 Attn : Waste Management Division Gentlemen : RE: CERTIFICATE OF DESIGNATION FOR ROAD 54 E-VAP PARK, WELD COUNTY, COLORADO , Our Project No. 8232A Norton, Underwood and Lamb , Inc. , is transmitting herewith the informa- tion required for a Certificate of Designation, in addition to other information provided to Weld County for Use by Special Review, on behalf of the E-Vap , Ltd. , and Arvin G. Martensen. The site for this application is the same as the one in the previous application , however, some major changes have been made. Additional drilling has been done on the site and permeability and in-place percolation tests have been made which definitively show that water leaking from the waste ponds will not go through the bedrock material but will go through the upper overburden material. Secondly, we have changed the underdrain design, removed all underdrains from under the ponds and propose a periphery drain around the entire site down to bedrock. Third, we have enlarged the amount of ponds proposed to be constructed at this time to better serve the needs of the oil industry within Weld County and surrounding area. We have also looked at additional Fox Hills Aquifer information which is referred to in the report . This information shows that Fox Hills Aquifer does not extend into the area of the proposed site because it ] is hydrologically cut off at the Big Thompson and Platte Rivers . The Laramie and Fox Hills formation is the bedrock underlying the ] site , but no aquifer is present . We would once again ask for your speedy review of this information in hopes that we could construct these much needed facilities prior to winter frost problems . 1 l • Colorado Department of Health Page 2 October 19 , 1933 If you have any questions or concerns regarding the materials submitted, please feel free to call . Sincerely, NORTON, UNDERWOOD AND LA?SB , INC . ' Thomas E. Norton , P. E. TEN :jc 1 encs . cc : Senator Wayne A. Allard Representative William Artist 1 Rod Allison, Weld Co. Planning Ron Stowe, Weld Co. Health l l 1 1] i I 1 APPENDIX B APPLICATION - CERTIFICATE OF DESIGNATION l 1 1 1 2 . 1 MINIMUM STANDARDS 2 . 1 The site will be located, operated, and maintained in a manner as to control obnoxious odors . The site was located over one- half mile from existing residences , The two most probable sources of odors are from oil on the ponds and from iron sulfate bacteria. All oil will be skimmed from the production water before it enters the ponds . If a skim of oil developes on the ponds , it will be removed by vacuum trucks as it is not only a potential odor source but reduces evaporation from the ponds decreasing the eff- iciency of the site. If iron sulfate becomes a problem, either chlorine or copper sulfate will be used to kill the bacteria and alleviate the odor problem. If odors are present after the ! site is in operation and the site is determined to be in violation of air quality control ordinances as determined by the Weld County Health Department or the Colorado Department of Health, the site operators will take whatever measures necessary to bring the site into compliance with the air quality control ordinances . 1 Rodent and insect breeding and infestation is not foreseen as 1 being a problem at a site of this type. All refuse from the office-residence will be kept in covered containers . Special 1 emphasis will be placed on monitoring the pond berms for burrow- ing animals which could cause leaks in the berms . If found, these animals will be exterminated as quickly as possible. The site will not be covered as a solid waste disposal facility would be. This would only decrease the evaporation from the ponds which would defeat the purpose of the site, namely the evaporation of production water. The dump and skim tanks will be covered with a screen to prevent waterfowl from getting into the oil which will be present in these tanks . Oil will be removed before it reaches the ponds , but if any oil does reach the ponds it will be removed to protect waterfowl and maximize evaporation from the ponds . 2. 1. 2 This site will comply with the health laws , standards , rules , and regulations of the Department of Health, The Water Quality Control Commission, the Air Quality Control Commission , the Oil and Gas Commission, and all applicable zoning laws and ordinances . 2 . 1 . 3 It is not anticipated that the production water brought to the site will be radioactive in nature. This problem is usually associated with gas wells in extreme eastern Weld County which is outside the normal service area of this site , however , the water at the site will be monitored for radioactivity. If it is found in the water coming to the site , either the source of the radioactive water will be identified and barred from using the site or applications will be made to allow the site to handle the radioactive production water. • 2. 1. 4 The site will provide a means of disposing of production water in a manner to minimize nuisance conditions . Odors , rodents , and insects have already been addressed in Section 2 . 1 . 1. Only the orrice and residence would be a source of windblown debris and all refuse from that source will be kept in covered containers Fires will be immediately extinguished to eliminate smoke from the site. Fire prevention measures including clean-up of spilled oil and other flammable materials will be strictly enforced at the site. The site will not provide compacted fill material as there is no fill being brought to the site. Adequate cover is not applicable to this site as dicussed in Section 2 . 1 . 1 . Surface drainage will be provided to prevent water from ponding. A description of the drainage plan is provided in Section 4. 1 . 1. The outside of the pond berms and other areas of the site not used as roads or parking will be seeded with native grasses to prevent water and wind erosion and air pollution from blowing dust. The site will comply with all air quality control ordinances and all violations will be corrected. The site will be left in a condition of orderliness and good esthetic appearance and capable of blending with the surrounding area when it is closed. Site closure is more fully described in Section 4. 8 . The site has been designed to be as compact as possible by using the natural topography and balanced cut and fill earthwork to set the pond bottom elevations . In chosing a location for the site one of the criteria was to interfere as little as possible with the existing irrigation system. 2. 1. 5 The site will be completely fenced with six (6) foot high chain link fencing with three strands of barbed wire on top . Any debris collecting along the fence will be removed on a once a week basis . 2 . 1. 6 No wastes brought to the site will be burned. 2 . 1. 7 No wastes brought to the site will be burned. 2. 1 . 8 No wastes brought to the site will be burned. 2 . 2 OPERATION STANDARDS 2 . 2. 1 The site will be totally fenced as described in Section 2 . 1 . 5. Each truck using the site will be issued a credit card that will activate an electronically controlled gate providing 24- hour controlled access to the site . The truck number from the credit card and the time will be automatically recorded each time the gate is opened. 2 . 2 . 2 The site is located at the top of a hill and there are no streams or ponds in the site. Surface water will be diverted from the site as described in Section 4. 1 . 1. 2 . 2 . 3 Groundwater monitoring wells will be constructed in the loca- tions shown on Exhibit I. These wells will be completed to a depth of three (3) feet into the bedrock and connected to the French drains surrounding the site. The bedrock dip slopes to the east with the strike being north-south. The three wells on the west side of the site will , therefore , be upgradient wells and the remaining five wells will be down- gradient wells . 2 . 2 . 4 The site will not generate underground explosive gases as would a sanitary landfill, because there will be no confined decomposi- tion of organic wastes . All groundwater monitoring wells will be constructed according to the applicable rules and regulations of the Water Well and Pump Installation Contractor ' s Act, see Sec. 4. 2 . 4. The water samples will be taken and analyzed by Weld County Health Department and paid for by the Owner. 2 . 2. 5 Explosive gas concentrations will not be monitored for the reasons described in Section 2 . 2 . 4. Groundwater quality will be monitored every three months by taking samples from the wells if water is found in the wells to sample. The samples will be analyzed for: TDS Bromide Ph Nitrate Phenols Sulfate Iron Total Hardness as CaC03 Sodium Total Alkalinity Chloride Water Level In addition the samples will be analyzed for TOC, (Total Organic Carbons) on a yearly basis . 2 . 2 . 6 The site will not generate explosive gases as explained in Section 2 . 2 . 4. 2 . 2. 7 No putrescible wastes that may attract birds will be present at the site and the site is not located within 10, 000 feet of any airport runway. 2 . 2. 8 High winds will not affect the operation of this site as they would a sanitary landfill . Only liquid will be brought to this site. It will be brought in tank trucks and dumped from an outlet at the rear of the truck into a concrete dump tank. Only an extremely high wind could divert the liquid stream outside the dump tank. If this is found to be happening, the site operator will close the site until such winds abate. The wind effect on the ponds is discussed in Section 4. 1. 1. 2 . 2. 9 No acutely hazardous wastes will be received by the site. The site operator will visually check the wastes brought to the site and laboratory tests performed on any suspected acutely hazard- ous wastes . 2 . 2 . 10 No quantity of hazardous wastes will be received by the site unless authorized by the State Department of Health, County Board of Commissioners and the site operator. The wastes will be checked in the same manner outlined in Section 2 . 2 . 9 . 2 . 2. 11 No raw sludges from wastewater treatment plants , septic tank pumpings or chemical toilet wastes will be allowed into the ponds without approval of the Department of Health and the County Board of Commissioners . 2 . 2 . 12 No sludges will be codisposed with other wastes at the site without approval of the Department of Health and the County Board of Commissioners . 2. 2 . 14 All operating records will be made available to the Department of Health and the County Board of Commissioners on request. See Section 4. 7. 6 for details as to the kinds of records to be kept at the site. 2 . 3 Inspections of Approved Sites and Facilities Sections 2 . 3 . 1 - 2 . 3 . 4. , are acknowledged as pertaining to this site. The site operator will make every effort to assist the Department of Health in their inspections and to provide any information required. In the event of noncompliance and notifi- cation , the site operator will move immediately to correct the violations . Presented in the information in this appendix are procedures for dealing with failures at the site leading to possible surface or groundwater contamination. Questions have arisen as to whether or not these plans will be implemented if the failures occur. These plans are presented with the intent that they be incorporated into the site standardsissued for the Certificate of Designation and the Use of Special Review. Both the State Department of Health and Weld County will have the authority to enforce these plans in the event of a failure. 2 . 4 Closure of Approved Sites and Facilities 2. 4. 1 The expected life of the site is 20 years , however, this may vary depending on the amount of gas production in the area. The site will be kept in operation as long as there is an economical demand for this type of site in the area. The Department of Health and the County Commissioners will be notified in writing at least 60 days in the advance of the proposed closure. 2 . 4. 2 The public will be notified by signs placed at the entrance to the facility at least 60 days in advance of the proposed closure . In addition all haulers using the site will be notified in writing of the site closure. 2 .4. 3 Closure of the site will be in accordance with the Act , the regulations of the Department of Health, and the certificate of designation. Data on closure of the site is provided in Section 4. 8 . All improvements at the site will be removed including the tanks , ponds , and access road. Nothing will remain that can be used for unauthorized disposal of wastes . Notification of haulers using the site of its closure (see 2 .4. 2)will also be done to prevent unauthorized use of the site after closure. 2. 4. 4 After site closure all improvements and wastes including salt contaminated soil will be removed from the site. Nothing will remain that could generate explosive gas after site closure. 2. 4. 5 After site closure, all improvements and wastes including salt contaminated soil will be removed from the site. Nothing will remain that could cause water pollution after closure. If water pollution exists at or beyond the site boundary at the time of closure the cause of the pollution will be identified to ensure that it is removed from the site . The contaminated area will be monitored for a period of one (1) year to ensure that the source of pollution was removed. 2 . 4. 6 After site closure all improvements and wastes including salt contaminated soil will be removed from the site to a sanitary land fill. Nothing will remain that could cause a nuisance condition after closure . Concerns have been expressed about the possibility of sources of groundwater contamination remaining after site closure. The monitoring wells will be sampled after site closure as discussed in Section 4. 8 . 3. 1 Application for A Certificate of Designation for New Facilities for Solid Waste Disposal Sections 3 . 1 . 1 - 3 . 1 . 4 are acknowledged as being applicable to this site and the requirements either have been or will be fulfilled. 4. 1 Site Standards 4. 1 . 1 The ponds at the site are protected from prevailing winds by he earthern berms which are the sides of the ponds . The small size of the ponds combined with 2= feet of freeboard will min- imize the effect of wind on the ponds . Any damage to the Pond sides caused by wind-produced wave action will be repaired. The berms will also act to prevent any runoff from reaching the ponds. Freeboard of the ponds is provided to prevent overflowing of the ponds even during the heaviest of rains . Runoff from the site will be directed around the ponds in surface drainage swales and discharged into the south barrow ditch of County Road 54 where it has historically flowed. The drainage swales are shown on Exhibit I. The location of the site at the top of a hill minimizes the precipitation catchment area upgradient of the site. 4. 1. 2 The site is not located within any existing floodplain. The site is located on the top of a hill which is nearly the high point of the area. Contours and drainages are shown on Exhibit I. 4. 1. 3 There are no significant aquifer recharge areas to be impacted by the site. Questions have been raised as to whether or not the site is within the recharge area of the Fox Hills Aquifer. Recharge of the Fox Hills Aquifer occurs from within the basin. The recharge in the form of precipitation falls on the basin and moves vertically downward to the aquifer. It then moves upward and outward through the aquifer eventually feeding the alleuvial aquifers in the outcrop areas . This cycle is shown in Figure 7 , "Diagram of Groundwater Movement" , presented on Sheet 2 and 3 of Geologic Structure , Hydrology and Water Quality of the Laramie- ?ox Hills Aquifer in the Denver Basin, Colorado , (hereinafter referred to as Hydrologic Investigations) . The site is on the North side of the South Platte and Big Thompson alleuvial aquifers . Arrows indicating the general direction of groundwater movement on Figure 3 , "Map Showing Elevation of Potentrometric Surface in the Aquifer , 1973" , on Sheet 2 of 3 of Hydrologic Investigations show the flow moving northward towards the site. In order to impact the recharge area leachate would have to first reach the alleuvial aquifers and then travel against the flow of groundwater into the aquifer. This is physically impossible . The dip of the bed- rock slopes to the east with the strike being north 10° west (see Appendix C, Geotechnical Investigations) . Leachate would move east from the site away from the recharge areas and alleuvial aquifers . 4. 1. 4 In order to provide adequate groundwater protection at the site each pond will be lined with twelve inches of compacted clay material. The clay will be obtained from the site and will be compacted to 950. The permeability rate through the liner will be 0 . 03 feet per year. The liner thickness was determined by the geotechnical engineer who prepared the report on the site . In situations where clay liners are used in conjunction with .such higher salt concentrations liners with a thickness of six inches are used. The combination of increasing this thick- :less to 12 inches and testing the liner every five years or if excessive loss from the ponds is noted (described later in this ection) will provide adequate protection from seepage through the liner. The ponds will be surrounded by a continuous French Drain which will be connected to the monitoring wells . The drains 'ill be placed one foot Onto sound bedrock and surrounded by ;ravel . The drain trench will be backfilled with compacted clay soil. This backfill will act as an impervious barrier, similar thepond liners , forcing any escaping leachate into the drains -here it will flow to the monitoring wells and be detected. the drains will slope towards the observation wells . The wells will be located at the low points of the bedrock and there will be a minimum of seven. The preliminary locations of the wells are shown on Exhibit I. Samples from these wells will be tested as described in Section 2. 2 . 5. Records will be kept on the pond levels on a daily basis . A pan evaporation and recording rain gage station will be installed and maintained at the site. If the liquid loss from the ponds is significantly greater than that recorded at the station the monitoring wells will be checked for leakage and samples analyzed. In the event that laboratory tests show that leakage is occurring from a pond, steps will be taken immediately to minimize the leakage. French drains will also be provided under the dump and skim tanks to detect leakage from these tanks . If seepage is detected in the drains the tanks will be allowed to drain into the ponds , all oil removed and the tanks visually inspected for cracks. The cracks will then be repaired with a non-shrink grout and returned to service. In the event of leachate being detected in the wells , the defect- ive pond or ponds will be identified by checking the loss from the pond against the standard evaporation rate. Use of the defective pond would stop and the waste in the pond would be pumped to the other ponds or if the other Ponds are full or there is evidence that all ponds are leaking , trucked to another approval disposal site. The defective pond would then be allowed to dry and the liner visually inspected for evidence of failure. If this visual inspection revealed the defective area or areas , the liner in these areas would be removed to a depth of two feet and replaced with clay compacted to 95%. If visual inspection did not identify the defective area borings would be made at close intervals over the entire liner and examined and tested to determine the area of failure. The defective area would then be repaired as described above as would all bore holes . After repairs were completed and approval from jurisdictional agencies received , the pond would be filled. The pond liner will then be tested by suspending dumping into the pond for three days . The difference in liquid level in the pond at the beginning and the end of the test period will be compared to a standard pan evaporation rate . If the loss rate from the pond is significantly higher than the evaporation rate the pond will be drained again and more repairs made. This same test will be made once every five years on each pond as a routine test. Also if the daily loss from the ponds is greater than what would be expected from normal evaporation and nothing has been found in the monitoring wells , the pond would be drained and repaired as part of normal maintenance. In addition to the monitoring plan it should be noted that the permeability of the sandstone bedrock was found to be 2 . 16 feet per year. This gives a percolation of 43 . 2 feet into the bedrock over the twenty year life of the site. The nearest downgradient water wells are well over a mile away from the site. 4. 1 . 5 There is no existing groundwater beneath the site other than that which might exist below the Pierre Shale. 4. 1. 6 There are no lakes , rivers , streams , springs , or bogs on the site. During the geotechnical investigation of the site seven test holes were drilled to a minimum of eleven feet in depth. No groundwater was found in any of these holes . The ponds were designed so that the bottom of none of the pond extends more than seven feet below the existing ground surface. These condi- tions ensure that no wastes at the site will be placed below or into surface water or groundwater. 4. 2 Engineering Design Standards 4. 2 . 1 Groundwater shall be protected from leachate from the site as described in Section 4. 1 . 4. 4. 2 . 2 After site closure all improvements and wastes including salt contaminated soil will be removed from the site. The site will be regraded to the contours that existed before the site was built . There will be no need for permanent surface water diversion structures as none were employed on the land before the site was built . Because no wastes or contaminated soil will remain after closure there will be no danger of water pollution from stormwater runoff from the site. More complete information on site closure is provided in Section 4. 8 . 4. 2 . 3 There are no known geological hazards at or near the site. The area is not within the Weld County Overlay District for Geological Hazards. No such hazards were noted by the soils engineer who prepared the geotechnical report on the site. 4. 2 . 4 Groundwater monitoring wells will be designed in accordance with the applicable parts of the Water Well and Pump Installation Contractor' s Act. Final designs of the wells will be submitted to the Department of Health with other final engineering designs and specifications for approval after the site is approved by the Weld County Commissioners and before the site is built . Preliminary construction details of the monitoring wells are shown on Exhibit I. Because the observation wells do not pene- trate an aquifer and their only function is to intercept leachate from a defective pond by connections to the drains , it is requested that the ten (10) foot concrete seal provision of the Act be amended. The seal shown on Exhibit 2 will adequately keep surface water from entering the well and will not interfere with the connections to the drains . 4. 2. 5 The site will not be covered during the life of the site for the reasons presented in Section 2. 1. 1. The control of nuisance conditions during the operation of the site has been discussed in Sections 2 . 1. 1 and 2 . 1. 4. After site closure nothing will remain that will cause a nuisance condition. See Section 4. 8 for a complete discussion of site disclosure. 4. 2. 6 After site closure all improvements and wastes including salt contaminated soil will be removed from the site. No wastes will remain to be isolated after closure. The site will be regraded to the original contours. The soil will be essentially the same as that on the surrounding land and the land will be put into a use similar to that of the adjacent land which is anticipated to be farming. 4. 2. 7 Adequate amounts of water for construction of the site will be available from the irrigation water line that supplies the existing center pivot irrigation sprinkler east of the site. No nuisance conditions that can be minimized by water are foreseen at the site. However, if water is needed, it will be available from the line that provides water to the residence at the site. Some confusion exists as to the source of the irrigation water supplying the center pivot irrigation systems . This water is surface water primarily supplied by the Greeley Loveland Ditch Company. The water is punned from a holding pond south of the site to the center pivots . There are no wells supplying groundwater to the center pivots . 4. 3 General Data 4. 3. 1 The mailing address for the site is : E-Vap, Ltd. P . O. Box 800 Loveland, CO 80537 The site is in Weld County. Legal Description: Location and Size : The disposal site is located three miles north and one mile east of Milliken, Colorado. The site is in Section 25 & 26 ,TSN, R67W, of the 6th P .M. , being more particularly described as follows : Considering the north line of said Section 26 as bearing North 90° 00 ' 00" East with all bearings contained herein relative thereto. Commencing at the Northwest Corner of Section 25 , thence South 89° 36 ' 48" East along said North line of the Northwest One Quarter (NWw) of said Section 25 a distance of 707 . 67 feet, thence South 00° 00 ' 00" East a distance of 30. 00 feet to the point of beginning, and South right-of-way line of Weld County Road No. 54, thence continuing South 000 00 ' 00" East a distance Of 24. 00 feet. Thence South 66° 22 ' 44" West a distance of 99 . 94 feet , Thence South 56° 51 ' 58" West a distance of 98 . 67 feet , Thence South 54° 26 ' 31" West a distance of 100. 06 feet , Thence South 50° 51 ' 49" West a distance of 99 . 89 feet , Thence South 47° 07 ' 32" West a distance of 100. 21 feet , Thence South 42° 27 ' 05" West a distance of 99 . 82 feet , Thence South 38° 55 ' 12" West a distance of 99 . 35 feet , Thence South 34° 42 ' 02" West a distance of 100 . 00 feet , Thence South 31° 31 ' 15" West a distance of 99 . 68 feet , Thence South 26° 03 ' 07" West a distance of 100. 08 feet , Thence South 22° 34 ' 08" West a distance of 99 . 99 feet , Thence South 19° 04 ' 28 " West a distance of 98 . 92 feet , Thence South 14° 20 ' 33" West a distance of 99 . 88 feet , Thence South 11° 33 ' 59" West a distance of 100. 22 feet , Thence South 5° 08 ' 11" West a distance of 97 . 56 feet , Thence South 1° 45 ' 52" East a distance of 91 . 92 feet , Thence South 89° 59 ' 54" West a distance of 1049 . 89 feet , Thence North 26° 33 ' 54" West a distance of 883 . 27 feet , Thence North 41° 01 ' 24" West a distance of 410. 90 feet , Thence South 90° 00 ' 00" West a distance of 210 . 30 feet , Thence North 0° 00 ' 00" West a distance of 190. 00 feet , To a point on the South right-of-way line of Weld County Road No. 54, thence North 90° 00 ' 00" East a distance of 2068. 00 feet, thence South 89° 36 ' 48" East a distance of 707 . 67 feet to the point of beginning. Said tract of land contains 49 . 32 acres , and is subject to all rights-of-way, easements , and restrictions of record. 4. 3. 2 The area of the site is 49 . 32 acres . 4. 3. 3 The proposed site is a production water disposal site. Product- ion water is a by-product of natural gas wells and must be disposedof in an approved manner. The water is highly saline and contains a small percentage of oil . The water is trucked to the disposal site. The oil is separated from the water in skim tanks and the remaining water is pumped to the evporation ponds. The water evaporates leaving the salt in the ponds . The salt accumulation is expected to be six inches every fifteen years and must be removed by mechanical methods . Six inches of pond depth has been allowed for this accumulation. Any damage to the pond liners caused by the removal operation will be repaired before the pond is put back in operation. 4. 3. 4 The site is expected to serve the northwestern portion of Weld County and the northeastern portion of Larimer County. The gas wells from which the production water comes from are scattered in the rural areas of these counties . Most of the traffic to the site will use Highways 34 and 60 to Highway 257 then to Weld County Road 54 on which the site is located. The site is designed to accommodate an average of 15 truckloads of water per day or 1200 barrels per day. During the initial filling period during the winter of 1983-34, an average of 25 loads or 2000 barrels per day will be accommodated at the site. The projected formational origin of the production water was obtained from the Colorado Geologic Survey and is as follows : Larimer County: Niobrara Codell Weld County: Sussex Dakoda J Sandstone Greenborn Codell Niobrara Lyons Shannon D Sandstone Timpest (Ft Hayes) 4. 4 Geologic Data 4. 4. 1 As shown in the report of Empire Laboratories , the surface thick- ness of the alleuvial deposits varies from seven to fourteen feet , and is not a water bearing deposit . 4. 4 . 2 The consolidated bedrock material has been identified as the Laramie formation which varies in thickness from 400 to 600 feet . 4. 4. 3 It was determined by Empire Laboratories that the strike of the formation is approximately north 100 west and the dip is from less than 1O to 3° to the east , and there is no fracture pattern in the bedrock material . 4.4. 4 The geologic hazards have also been discussed by Empire Labora- tories. There are no steep slopes causing slope instability, no faults or folding areas , no rockfall or landslide areas , and no mining which causes subsidence. The erosion potential is no greater from using this site as a brine waste disposal as there would be from the present farming operation. The erosion potential will undoubtedly be lessened with this change in use. 4. 5 . 1 There are no lakes , rivers , streams , springs , or bogs on the site. All such features within two miles of the site are shown on the attached map. 4. 5 . 2 There is no aquifer designated on this site. The Fox Hills sandstone is known to exist north of the Platte River, however, all of the studies completed on the Fox Hills have been limited to the areas south of the Platte River and west of the Big Thompson because these two rivers from Milliken to Masters are the hydrologic barrier to the Fox Hills formation. The Fox Hills formation intercepts the river and it has been determined by these studies that the level in the alleuvial and the level in the Fox Hills sandstone in the area of the river are one and the same. See Hydrologic Investigations Atlas HA-650 , Sheets , 1 , 2 , and 3 , prepared by the US Geologic Survey and the Division of Water Resources , for more information. It is shown on these maps that the Fox Hills aquifer recharges the alleuvial aquifers within the area south of Platteville to Masters , there- fore, the Fox Hills is flowing from south to north in these areas and cannot cross the river' s hydrologic barrier. There has been no water found in the formation which is north of the river, which is evidenced by the lack of domestic wells or irrigation wells within three to five miles of the proposed site, other than those which are in the alleuvial aquifer of the Big Thompson, Poudre, or Platte Rivers . The underlying formation is the Pierre Shale which is known to be 5 , 000 to 6 , 000 feet deept and there are no known water sources below the Pierre Shale. 4. 5. 3 Records kept by the State Water Resources Division I were checked and no registered water wells were found within one mile of the site. Visits to all residences within one mile revealed three, unregistered water wells . The location of these wells is shown on the attached map. Well A is owned by Gus Vetter is 22 feet deep with a cement pipe casing and was dug in 1955 . Well B is owned by Frank Vetter, is approximately 180 feet deep and was drilled between 1900 and 1905 . Well C is owned by Helen Sower. All three of the wells are used to water lawns . Domestic water is provided by Little Thompson Water Company. Site visits with long time residents of the area produced the above information. No other information seems available on the wells because of their 3 age and the fact that they are unregistered. The wells are primarily alleuvial in nature. They are used for lawn watering and have a capacity of 2 to 5 gallons per minute. 4. 5 . 4 Since there is not a defined uppermost aquifer, we have concluded that any seepage from an inadvertent break in the liner at the facility will flow primarily along the surface of the bedrock to the underdrains connected to the proposed observation wells . This direction will be primarily to the east and the maximum permeability shown in the Empire Laboratories report was 2 . 16 feet per year in bedrock material . This permeability rate was known on the sandstone bedrock and is shown to be the most permeable since claystone, shale, and siltstone are more dense than shown in the sandstone. Permeability of the overburdened materials varied from . 5 to 2 . 3 . If a liner failure occurred in the area where underlying material was . 5 it would obviously not get to the underlying bedrock. In areas where it was higher than the bedrock, it would move horizontally to the underdrains and observation wells . In addition to the permeabilities found by Empire Laboratories , percolation tests were conducted by Norton, Underwood and Lamb, Inc. , at the newly drilled sites . It was determined that the rate of fall of water in the test holes varied from . 1 feet to . 2 feet per hour in the bedrock material and from 3 to 6 feet per hour in the overburden. Although these tests cannot be directly corre- lated to permeability, it again establishes the fact that water escaping from the proposed clay liner can be picked up with the underdrain and observation well system so that corrective action can be taken prior to any amount of material flowing into the bedrock. As a matter of fact , the maximum permeability of 2 . 16 feet per year would only allow maximum percolation into the bedrock of 43. 2 feet for 20 years , which is the design life of the facility, even if the clay liner was not installed. There- fore, the observation wells are the most important operational safety feature which must be checked on a regular basis to guarantee that no water is leaving the site through the ground. 4. 5 . 5 The site is located at the top of a hill and is outside of any floodplains of nearby drainages . 4. 5. 6 Every effort has been made to minimize or eliminate the potential for impacts to existing surface water and groundwater quality from the proposed site. Thirty inches of freeboard is provided in each of the ponds to impound rain falling on the ponds . This is equivalent to the maximum probable precipitation expected to fall on the site in 48 hours . The remainder of the rain falling on the site will be directed around the ponds in surface drainage swales and discharged into the south barrow ditch of County Road 54 where it has historically flowed. Wastes will be kept from overflowing at the dump tank, skim tanks and oil treatment unit so as to keep them from washing into the runoff from a rainstorm and thereby contaminating the surface water. Regular checks of the berms around the pond for evidence of burrowing animals and other defects that could cause a berm failure will be made. If such evidence is found the contents of the pond will be pumped to another pond or transferred to another site, and the defective berm repaired. There are no known geological faults at the site that would cause earth shifts resulting in a sudden failure of a berm thereby releasing wastes to flow into natural drainage channels . Groundwater protection has been discussed in Section 4. 1 . 4. The monitoring system is such that a pond lining failure will be detected soon after the failure occurs . Any seepage from the pond before detection will be contained by the site ' s geology, silty clay overlying claystone bedrock. The closest surface water to the site are the Cache LaPoudre , the Big Thompson, and the Platte Rivers . These rivers range from three to five miles away and because of the percolation rates of natural materials and bedrock, no materials from this site could reach them within the 20-year design life of the facility. Likewise, the potential for impact on groundwater is also neglible as previously stated in 4. 5 . 4 because even unlined ponds would not allow seepage to reach groundwater sources , since the only groundwater source is the alleuvial river deposits from the above-mentioned rivers . 4. 5. 7 There is no existing groundwater beneath the site other than that which might exist below the Pierre Shale and it is uneconom- ical to drill below this formation. Therefore the site will not affect the groundwater quality. 4 . 6 Engineering Data 4. 6. 1 Daily or intermediate cover will not be used at the site as discussed in Section 2 . 1 . 1 . 4. 6. 2 The type of material used for lining the ponds will be the silty clay material which overly the entire site. Any sandy lenses that are encountered will not be used for the liner. The liner and pond berms will be compacted to 95% of Standard Proctor Density , ASTM D698-78 . The design permeability of the liner is 0. 03 feet per year. Moisture content specifications are in- cluded in the geotechnical report on the site attached. It is estimated that approximately 50, 000 cubic yards of fill are required to construct the pond berms and liners . This was balanced with the cut required to construct the ponds so no addi- tional fill will be needed from offsite or extra cut will need to be hauled away. A full-time soils inspector will be on-site during the construction of the ponds to ensure compliance with the specifications . Section 4. 1 . 4 discusses the liner thickness . 4. 6. 3 The information required in this section is shown on Exhibit I. The location and depths of cut and till can be determined from the existing contours and proposed pond elevations . More detailed information will be provided in the detailed construction plans on the site, which will be submitted to the Department of Health for approval prior to construction of the site. All improvements shown on Exhibit I , will be built before the site is opened. 4. 6. 4 Construction details as are now available are shown on Exhibit I More specific information will be provided in the construction specifications which will be submitted to the Department of Health for approval . These specifications will be prepared after approval of the site by the Weld County Commissioners . It is financially impractical to provide these specifications and details before it is appar- ent that a site of this nature is acceptable to Weld County. Once the Commissioners approve the site , detailed information will be provided. Construction details of the monitoring wells are shown in Exhibit I. The dump and skim tanks will be constructed from reinforced concrete. Each tank will have 500 barrel capacity and a minimum of one foot of freeboard. The tanks and piping will be designed so that the water will have a minimum retention time through the tanks of 24 hours . The oil will rise to the top of the skim tanks and will flow by gravity to the oil treatment unit. The difference in specific gravities of the oil and water will allow the oil to rise to a higher elevation in the tanks and flow out the oil piping. The oil piping outlets will be set above the maximum water surface to avoid water flowing to the oil treatment unit. A french drain will be provided under the tanks similar to rhat under the ponds . Exhibit I shows the details of the drains and a schematic layout of the tanks . Parefins and sludges removed from the dump and skim tanks will be disposed of in an approved sanitary landfill. 4. 7 Operational Data 4. 7 . 1 The qualifications and address of Mr. Robert L. Dragich, site operator, have previously been submitted to the Department. 4. 7 . 2 The site will operate 24 hours a day, seven days a week. Mr. Dragich will have at least one assistant who will live on-site to monitor the night and weekend traffic . 4. 7. 3 The site will receive only production water from natural gas wells in the area. The projected daily volumes are discussed in Section 4. 3. 4. The expected life of the site is discussed in Section 2. 4. 1 . No sludge will be received at the site. 4. 7. 4 It is projected that the site will employ 2 people when operating at full capacity. Mr. Dragich will be the site operator and will be in charge of the site. He will have at least one assistant who will monitor traffic at the site during nights and weekends . His assistant will have a minimum of a high school education or equivalent and will be familiar with oil and gas field work and preferrably be experienced in working with production ' water either as a hauler or an employee of another site of this nature. 4. 7 . 5 The only equipmert projected to be used at the site on a regular basis isthe' oil treatment unit. The unit is a separator which will perform the final treatment of the oil skimmed from the production water. Separated water will be returned to the ponds and sludges and parefins will be removed and trucked to an approved sanitary landfill. The oil itself will be sold to an oil refinery. 4. 7 . 6 Access to the site will be controlled by an electrically operated gate. Each truck using the site will be issued a magnetic card to open the gate. When the card is inserted the time and truck number will automatically be recorded. The driver will complete a form which will include the following information : 1. Time 2. Hauler and truck number 3 . Quantity of waste brought to the site 4 . Location where waste was produced 5 . Owners and leasee of lease where waste was produced 1 6. Driver ' s name and signature The forms will be developed with the Oil and Gas Commission providing input sono changes will be necessary when the new regulations governing sites of this nature go into effect. Records will also be kept of the daily elevations of water in the ponds and daily totals of waste brought to the site. Results of tests on samples from the french drains and monitoring wells as described in Section 2 . 2 . 5 will be kept at the site. Also results of analysis of water in the ponds which will include the following elements will be kept : TDS Lead Potassium Sulfate Ph Sodium Cadmium Nitrate Phenols Chloride Maganese Total Hardness as CaCO3 Iron Bromide COD Total Alkalinity These tests will be made every six months . Results of any tests performed on the liner as described in Section 4. 1. 4 will be kept at the site. Copies of all tests results will be sent to the Colorado Department of Health and Weld County Health Department. Copies of as-builts construction drawings will be kept at the site along with a record of any variations from approved opera- tions procedures and reasons for variation. 4 7 7 Each pond will contain a maximum of two and one half (21/2) feet of liquid. Each pond will be five (5) feet deep. The ponds will be constructed with earth berms and a twelve inch clay liner. The dump and skim tanks will be reinforced concrete tanks with a 500 barrel capacity each. The size of the oil storage tank and capacity of the oil treatment unit will be determined as a part of the final design. They will be adequate for the amount of oil produced at the site and the size will be approved by the Department of Health before construction of the site. After treatment , the oil will be hauled from the site and sold to an oil refinery. 4. 7. 8 Adequate cover will not be applied as discussed in Section 2 . 1 . 1. 4. 7. 9 The fencing at the site will be six foot high chain link fencing with three strands of barbed wire on top . The access gate will be electrically operated as described in Section 4. 7 . 6. 4. 7 . 10 Provisions to minimize nuisance conditions at the site have been discussed in Section 2 . 1. 1 and 2 . 1 . 4 . 4. 7 . 11 Fire prevention measures will consist of daily cleanup of all spilled oil. There will be few other sources of flammable material at the site but these will be kept in approved containers and/or disposed of promptly. Grass fires could possibly be a problem as the outside of the ponds will be seeded with native grasses . The site operator or his assistant will be on the site at all times to extinguish grass fires before they spread off site or to call the fire department if necessary. 4. 7 . 12 No solid wastes that could be windblown off site will be brought to or disposed of at the site. The office-residence will gener- ate a small amount of solid waste which will be kept in covered containers and disposed of at an approved disposal site. The Department of Health has indicated concern as to the possi- bility of spills from trucks in route to the site. Cleanup of these spills is the responsibility of the hauler and this site is not equipped to handle such cleanup. Mr. Dragich has had considerable experience in hauling production water and would be available to help coordinate the cleanup if the hauler so desired. Spills on site will be immediately cleaned up to avoid contamina- tion of the surface or groundwater. Natural permeability of the site is low leaving adequate time to contain the spill and remove it using vacuum trucks or pumps . The concrete apron on which the trucks will dump will be surrounded by a concrete drainage gutter to drain any spilled wastes into the dump tank. 4. 7. 13 The proposed method of repairing leaking ponds has been presented in Section 4. 1. 4. With no further leakage from the ponds and the site geology as discussed in Section 4. 1 . 5. there is no possibility for groundwater contamination. Any salt contaminated soil that could be a source of possible groundwater contamination will be removed from the site at the time of closure. A more complete discussion of the site closure can be found in Section 4. 8 . If surface water contamination occurs whether it be trom sloppy dumping practices at the dump tank or other sources , the source will be identified and cleaned up and measures taken to ensure that the contamination will not happen again. Control of other nuisance conditions including odors have been discussed in Sections 2. 1. 1 and 2 . 1 . 4. 4. 7 . 14 Water for nuisance control and personal use at the site will be provided by Little Thompson Water Company (see attached letter) . A 2-inch water line will be run from the tap described in the letter to the office-residence . Water for construction purposes is available from the irrigation line which supplies the center pivot irrigation system east of the site. It is very difficult to project the exact amounts of water needed for each of these uses but the sources will be adequate for the need or they will be expanded as necessary. Water for fire protection will be brought on site by the fire protection district serving the site. Water used in ponds to retard dessecation during times when ponds are not in use will be obtained from the above mentioned irrigation line. i 1 4 . 8 Closure Data 4 4. 3 . 1 After the site is closed in accordance with the requirements of Section 2 . 4 , all water in the ponds will be allowed to evaporate or be hauled to another approved site. Then all salt contaminated soil will be hauled from the site to a sanitary landfill. The salt will either be sold or hauled with the soil to an approved solid waste diposal site. All other improvements will be removed. The monitoring wells will be left . Earthwork will be done to return the site contours to as close as possible :o those that existed before the site was built . It is expected that the site will then be returned to a use consistent with the lands around it which will probably be farming. No maintenance will be required after closure and abandonment except as described in Section 4 . 8 . 2 . 4. 8 . 2 The groundwater monitoring wells will continue to be sampled after site closure. If no significant seepage has been detected from the ponds in the monitoring wells or french drainage during the life of the site the wells will be monitored for a period of six months after site closure. If significant seepage has been detected or the pond liner required repair , the wells will be monitored for a period of two years . 4. 8 . 3 Final closure of the site is discussed in Section 4. 8 . 1 . Final contours of the site will match the existing contours of the site before construction shown on Exhibit I . As required a fugitive dust emission permit will be obtained prior to any construction at the site other than the monitoring wells . - T\''\\ 'I& / ( •.-- --'• . 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' \l ,r, � _ _/ .� / a • "-y \ r Gl� -- _ S M Ste . �° / 'rb M i /// ' 'r- ,..„„.. 1,„,,,t� �� / "1c' p\ �W.rs^•ci JJ`_ _ti�f e r� p �l V / C • i e -i. �� - ,,,,,____,_...a_.; �.\ ...1) I I ,,= -1-74E- -` \,.. ) \t'i ...\-.. \\‘ ' ...- --I fib }. •, rr y r �. • �' �.: f . / o ?iii I_ I , I I wry r � 1 J1 ITI = 1' I • I'h ' { L ) olio ��\ A 1 to D "ft' y 1 11--Iln rat ��4>� i ;I..— —L M i M 0�-( �.S;II ( VP e p l m I tar tr l�, l d 1'C1 rf SJ p' X. ' I • .�14')i‘'''',l m 7 . �.& fly 0 • ca• t ""'TTTYPP111 ( ' '� l 1 LITTLE THOMPSON WATER DISTRICT DIRECTORS. TELEPHONE 333.3096 1 DEAN G. ANDERSON. 307 WELCH AVENUE PRESIDENT DRAWER G CHARLES ALLEN BERTHOUD. COLORADO BOSI3 LEO a UL PAT DORSEY DAVID MCGEE C. THOMAS NICOSO CARCY J. EALOMONSOM MANAGER' LOVILO N. IAGAN September 13 , 1983 Weld County Planning Commission Attention: Rod Allison Dept. of Planning Services 315 IOth St. Greeley, Co. 80631 Dear Mr. Allison: The Little Thompson Water District is able to serve domestic water to property owned by Blehm Cattle Co. from the existing water tap at 11357 Weld Cty. Rd. 52 , Milliken, Co. Mr. Blehm requests that he be able to serve property at 10600 Weld Cty. Rd. 54, Milliken , Co. from the existing water tap. Very truly yours : LITTLE THOMPSON WATER DISTRICT Ctki Carol Glick, Office Secretary ? 0UDRE VALLEY Poudre • RURAL ELECTRIC ASSOCIATION Valley ?< P. O. BOX 1727 FORT COLLINS, COLORADO 80522 PHONE 226- 1234 September 13, 1983 Mr. Arvin G. Martensen The Realty House, Inc. 2121 N. Lincoln Avenue Loveland, Colorado 80537 Dear Mr. Martensen: Poudre Valley Rural Electric Association is ready, willing and able to provide electric service to the oil ponds and new home located in Section 26, Township 5 North, Range 67 West. Service will be extended according to our Rules and Regulations and Extension Policy that is in effect at the time service is requested. If you should have any questions, please contact me. Sincerely, AACa Richard Larm Field Representative RL/ls APPENDIX C GEOTECHNICAL REPORTS REPORT OFA GEOTECHNICAL INVESTIGATION FOR OIL WASTE PITS MILLIKEN , COLORADO NORTON UNDERWOOD AND LAMB • GREELEY, COLORADO PROJECT NO. 4966-82 BY EMPIRE LABORATORIES , INC. • 214 NORTH HOWES STREET FORT COLLINS , COLORADO 80521 a f TABLE OF CONTENTS Table of Contents Letter of Transmittal Report 1 Appendix A A-1 Test Boring Location Plan A-2 Key to Borings A-3 Log of Borings A-4 Appendix B B-1 Permeability Test Data B-2 Moisture Density Curve B-3 Summary of Test Results B-4 Appendix C C-1 � I Empire Laboratories, Inc. Branch OI'1CeS 1242 6•am.:0od Pi.ace MATERIALS AND FOUNDATION ENGINEERS Longm one, Coio•aao 8050! P O So. 1135 214 No. Howes Fort Collins,Colorado 80522 (3031 776 3921 4 P.O.Box 429 13031 4840359 3151 Nation way Cheyenne.Wyom.n9 82001 P O floe 10076 January 3, 1983 (30]) 6329224 Norton Underwood and Lamb 1020 - 28th Avenue Greeley, Colorado 80631 Gentlemen: We are pleased to submit our Report of a Geotechnical Investigation prepared for the three (3) proposed waste pits to be constructed on County Road 57, north of Milliken, Colorado. Based upon our findings in the subsurface, we feel that the site is suitable for the proposed construction, providing the design criteria and recommendations set forth in this report are met. The accompanyirc report presents our findings in the subsurface and our recommendations based upon these findings. Very truly yours, `uIE GF FfiGFySPo, �S �FIL7`iE N�j• 'e .4 2575 4fd cla EMPIRE LABORATORIES, NC. o Neil R. Sherrod <:'-•• �_ :'7. Senior Engineering Geologist Reviewed by �\\ E1lu R C. S V�P�G15 TEcS A? C.) • Chester C. Smith, P. E. : 4808 _= President ct' cIc F' �t;•' .• C1. `, , oa4, I OP REPORT OFA GEOTECHNICAL INVESTIGATION • SCOPE This report presents the results of a geotechnical evaluation prepared for one proposed waste pond and two future ponds to be located north of Milliken, Colorado. The scope of the project included test borings and laboratory testing of samples obtained from these borings. The objectives of this study were to (1 ) evaluate the subsurface } conditions at the site relative to the proposed construction, (2) make recommendations regarding construction of the proposed ponds and (3) recommend certain precautions which should be taken because of adverse soil and/or groundwater conditions. SITE EXPLORATION The field exploration, carried out on December 14, 1982, consisted of drilling , logging, and sampling four (4) test borings. The number and location of test borings were determined by personnel of Norton Underwood and Lamb. The locations of the test borings are shown on the Test Boring Location Plan included in Appendix A of this report. Boring logs prepared from the field logs are shown in Appendix A. These logs show soils encountered, location of sampling, and groundwater at the time of the exploration. The borings were advanced with a four-inch diameter, continuous- type, power-flight auger drill. During the drilling operations, a geotechnical engineer from Empire Laboratories, Inc. was present and made continuous observations of the soils encountered. • SITE LOCATION AND DESCRIPTION The proposed site is located east of Colorado Highway 257 on the south side of Weld County Road 54, north of Milliken, Colorado. More particularly, the site is described as a tract of land situate in the northeast 1 /4 of Section 26, Township 5 North, Range 67 West of the Sixth P.M. , Weld County, Colorado. The site is located in a cultivated, irrigated farm field. The area consists of rolling topography and has positive drainage to the north and west. A large pivot sprinkler is located east of the proposed pond sites. LABORATORY TESTS AND EVALUATION Samples obtained from the test borings were subjected to testing in the laboratory to provide a sound basis for evaluating the physical properties of the soils encountered. Moisture contents, dry unit weights, unconfined compressive strengths, and the Atterberg limits were determined. A summary of the test results is included in Appendix B. • Moisture density and permeability characteristics were also determined, and curves showing this data are included in Appendix B. SOIL AND GROUNDWATER CONDITIONS The soil profile at the site consists of strata of materials arranged in different combinations. In order of increasing depths, they are as follows: (1 ) Silty Topsoil: The area tested is overlain by a one (1 ) foot layer of silty topsoil. The upper six (6) inches of the topsoil has been penetrated by root growth and organic matter and • should not be used as an embankment and/or liner material. (2 ) Silty Clay: This stratum underlies the topsoil and extends to depths four (4) to greater than eleven (11 ) feet below the surface. The silty clay is moderately plastic, contains minor amounts of sand, and is damp to moist in its natural in situ condition. When properly compacted to approximately ninety-five percent (95%) of Standard Proctor Density ASTM D 698-78, the clay stratum is relatively impervious. (See Appendix C. ) (3) Sandstone-Siltstone-Claystone Bedrock: The bedrock was encountered in Borings 2 through 4 at depths four (4) to six • and one-half (6-1 /2) feet below the surface and extends to greater depths. The upper p two (2) to three (3) feet of the bedrock is highly weathered; however, the underlying • interbedded sandstone, siltstone, and/or claystone is firm to I dense. 1 (4) Groundwater: At the time of the investigation, no free groundwater was encountered at the site to depths nineteen (19) feet below the surface. Water levels in this area may be subject to change due to seasonal variations and irrigation demands on and/or adjacent to the property. • RECOMMENDATIONS AND DISCUSSION It is our understanding that a proposed waste pond approximately three hundred sixty-five (365) feet square in plan is proposed at the site. Two additional ponds of approximately the same size are planned for future expansion adjacent to the north edge of the proposed pond. Oil storage, dump, and skim tanks and an observation well are planned south of the proposed pond. Berms forming the ponds will be twelve (12) feet wide at the top and constructed on 3: 1 slopes. The depth of the ponds will be variable. In addition, it is our understanding that seepage below the ponds is to be controlled and should be less than one (1 ) foot per year. It is recommended that the bottom and sides of the pond be lined with a minimum of one (1 ) foot of the on-site silty clay soil . When properly compacted to ninety-five percent (95%) -of Standard Proctor Density ASTM D 698-78, the clay material will have a permeability rate of f0.03 feet per year. In areas where the bottom of the ponds are excavated in or within one (1 ) foot of the bedrock stratum, the bedrock should be overexcavated to allow for placement of the one (1 ) foot clay liner. In areas where the bottoms of the ponds are placed within the silty clay soil the upper six (6) inches of clay soil should be removed • and stockpiled for reuse. The underlying six (6) inches should be scarified and recompacted at or wet of optimum moisture to at least ninety-five percent (95%) of Standard Proctor Density ASTM D 698-78. (See Appendix C. ) The removed material should then be replaced and compacted to ninety-five percent (95%) of Standard Proctor Density ASTM D 698-78. I ',i. The upper six (6) inches of all topsoil should be removed from I within the limits of the proposed ponds. The upper six (6) inches of • the subgrade below berm areas should be scarified and recompacted at or wet of optimum moisture to at least ninety-five percent (95%) of Standard Proctor Density ASTM D 698-78. Berms should be constructed with the on-site clays compacted in uniform six (6) to eight (8) inch lifts at or • near optimum moisture to at least ninety-five percent (95%) of Standard Proctor Density ASTM D 698-78. The berms should be constructed on slopes of 3: 1 or flatter. It should be noted that the permeability rates presented in this report were obtained under laboratory controlled conditions. In order to obtain this rate in the field, uniform moisture and compaction to the required density must be achieved. All stripping, subgrade preparation or fill placement should be accomplished under the continuous observation of the geotechnical engineer. Field density tests should be taken daily in the compacted subgrade fill and backfill under the direction of the geotechnical engineer. GENERAL COMMENTS This report has been prepared to aid in the evaluation of the property and to assist the engineer in the design of this project. In the event that any changes in the design of the ponds or their location are planned, the conclusions and recommendations contained in this report will not be considered valid unless said changes are reviewed and conclusions of this report modified or approved in writing by Empire Laboratories, Inc. , the geotechnical engineer of record. Variations in soil and groundwater conditions between test borings may be encountered during construction. In order to permit correlation between the reported subsurface conditions and the actual conditions encountered during construction and to aid in carrying out the plans • and specifications as originally contemplated, it is recommended that Empire Laboratories, Inc. be retained to perform continuous construction review during the excavation and foundation phases of the work. Empire Laboratories, Inc. assumes no responsibility for compliance with the recommendations included in this report unless they have been retained to perform adequate on-site construction review during the course of construction. • � I J I !1 • I i ' I APPENDIX A. • ii TEST BORING LOCATION PLAN f • it I kno'nI i i FUTURE Po�IDS i . No 3 No. a s —1\ I PftoP�sw Pour \ I\ FUTURE POND No 4 TBM N0R-rH FO LT oN TRRiC�T oN Pivo�ELev 5027.47 b 4 • NORTH! / M KEY TO BORING LOGS /';' TOPSOIL GRAVEL FILL SAND & GRAVEL f'ai l� SILT -ice SILTY SAND & GRAVEL 1111 'JW 1', J CLAYEY SILT oo COBBLES eie SANDY SILT ..-v SAND,GRAVEL & COBBLES O/ CLAY a WEATHERED BEDROCK moms ✓ =_ SILTY CLAY SILTSTONE BEDROCK Il SANDY CLAY CLAYSTONE BEDROCK C I SAND • - • SANDSTONE BEDROCK �•i% SILTY SAND �� LIMESTONE •• I : NMI V A CLAYEY SAND `_ t GRANITE . SANDY SILTY CLAY ISHELBY TUBE SAMPLE ElSTANDARD PENETRATION DRIVE SAMPLER 7. WATER TABLE 48 HOURS AFTER DRILLING C HOLE CAVED LOG OF BORINGS 1 I i I. �L.�VaTI^� , I — --� No. No. Z No. 3 ' ` I No. 3 , I. I '; 115 i sI ii r .., ii 110 p 10/12 10 12 ' '_ 1, / • • 13/12 • 105 ! 10/12• 17/12 / ./ 45 12 / __ 18 12 . 14 12 ! 50/11! -- 100 ► /- 2 7 12 � / 50 3 _ / _ / 95 8/12 50/9', - 3 _ 4 50/8'; i I 90 35 TM:, north bolt on irriratirn Pivot , Elcvitirn fl'7. a7 is 1 • if PERMEABILITY 1 . ii i 1 PROJECT: NORTON UNDEF'NOOD AND r HASTE LAMB - H.�TE F'IT'=; LOCATION OF SAMPLE : #3 �J BORING1 . rj ' -5 . 0 J ' SAf 1F'LE HUMBER: 1 TEST PROCE ;UF;` . FALLING HEAD METHOD DENSITY : 93 . 2 PCF @ 95 % OF MA,,IPILIM DPI' DENSIT`I' F'ERMEAE,I L I T`�` : 0 . 09, Ft../). r- • liy I I l s I , ill ' I , i i . - i j I i i11 I _ I lb Q E _ I t q. 1 ;z 1 H _ I i I ;t i il - - I . , y - I o u 4O eo 120 1G3 ZOO I I TIME ( H,_,u r : ) 1'. • APPENDIX B. r I 4 f I i I . MOISTURE DENSITY CURVE PROJECT : NORTON UNDERIJOOD AND LAME ' LOCATION OF SAMPLE : HASTE PIT MILLIFKEN - BDPIj & 1 . 0-5 . 0 ' SAMPLE DESCRIPTION : TAN SILT`' CLA TEST PROCEDURE : ASTM D 633—?2 Method A !' MAXIMUM DRY DENSITY : 104 . 4 PCF II OPTIMUM MOISTURE : 16 . 8 LI 110 . 0 I I I I 105 . 0 , -7-N\ iI ,� t F 100 . 0 - P` I I >' i I i I I I ifI 95 . 0 .i' 1I I H II � ll I 30 . 0 ' -I' kl 5 . 0 10 . 0 15 . 0 20 . 0 25 . 0 30 . 0 PEP:CEIJT ft_rI5TUP= • o n 2• r- co O O coO ul) O u) LC) c') O d C7 1 cj .--. ..-.1r-1 .--. .--r u') .--r •--• .--r Q to i..- LC) n u •u Q t J J oO C.) ...JC..) V, t...) n t- �U . .w u V),n r, .w i , i .N` -I .-mot r� .--4 '2< •--1 ON •--.1 U t0 tD 40 1 I I I t 4 C Q O al ,,:r .'--r e r C • • • ti O cn •--r r+ .--. f ? ▪ x !; .--r CO CO t a M N N • t`: v I r') r7 c.') 77 I LLI V7 V W , t - I-- r LL _u w t o Ui cow Q O I H 11 . N to 1 a i • Y t V ,.. a c i Q O O O CD E: E •-+ C) O n co V 4.0 .••+ .-.4 n M !i > =_o l0 d N CO CO - t, n M VD tD ` Ch 01 CO O CO r-I e 7^ '' NG1Nc`') Qin .� u7OcnON Q1tDN V t, t� rnU0 .--i lD CO Cm CO N Ch , 1 on 70 Q1 ( C") r7 r, O u-) r- M 'D — CO '{� O O CD d 0 • _ O 0 0 0 0 0 O O O C CD 0�_ •O t11 CD 00 O C] C)t N .r r -1 r. CD •--. in N P)<r . t', co C7 un N • .r) C: .-+ In V lf1 O-4 -- ^+ IIIII I I t t t t r t I Ii t t t t I ) I t t t f 0 0 CD O O O O CD O O O CD Ca CD CD CD CD CD C7 O G u1 u) O C7 CD r7 V Lc.) O CJ r-+ ,. r? LO t` O CJ .. .--. r) V .D N. O CJ .-" r) t. Cc's '7 CT. .-. y Y .-. ♦) .-r .--. e • 3' 1 r IS APPENDIX C. • B 4 41,3 r # fl Sj 141 11 Y yt F [i I '! APPENDIX C. i Suggested Specifications for Placement of Compacted Earth Fill 1 and/or Backfills. • if IE GENERAL ' ff A soils engineer shall be on-site to provide continuous observation • during filling and grading operations and shall be the owner' s repre- sentative to inspect placement of all compacted fill and/or backfill on the project. The soils engineer shall approve all earth materials prior to their use, the methods of placing, and the degree of compaction obtained. MATERIALS } Soils used for all compacted fill and backfill shall be approved by the soils engineer prior to their use. The upper two (2) feet of compacted earth backfill placed adjacent to exterior foundation walls shall be an impervious, nonexpansive material . No material , including rock, having a maximum dimension greater than six inches shall be placed in any fill . Any fill containing rock should be carefully mixed to avoid nesting and I{ creation of voids. In no case shall frozen material be used as a fill and/or backfill material . PREPARATION OF SUBGRADE All topsoil , vegetation ( including trees and brush) , timber, debris , rubbish, and other unsuitable material shall be removed to a depth satisfactory to the soils engineer and disposed of by suitable means before beginning preparation of the subgrade. The subgrade surface of the area to be filled shall be scarified a minimum depth of s.ix inches , moistened as necessary, and compacted in a ,manner specified below for the subseuluent lavers of fill . Fill shall not be placed on frozen or muddy ground. r I i . PLACING FILL I No sod, brush, frozen or thawing material , or other unsuitable material shall be placed in the fill , and no fill shall be placed during unfavorable II weather conditions. All clods shall be broken into small pieces , and Il distribution of material in the fill shall be such as to preclude the 3 formation of lenses of material differing from the surrounding material . €4 The materials shall be delivered to and spread on the fill surface in a manner which will result in a uniformly compacted fill . Each layer shall be thoroughly blade mixed during spreading to insure uniformity of ` material and moisture in each layer. Prior to compacting, each layer I shall have a maximum thickness of eight inches , and its upper surface II shall be approximately horizontal . Each successive 6" to 8" lift of II fill being placed on slopes or hillsides should be benched into the existing slopes, providing good bond between the fill and existing ground. MOISTURE CONTROL While being compacted, the fill material in each layer shall as nearly as practical contain the amount of moisture required for optimum compaction I III il or as specified, and the moisture shall be uniform throughout the fill . ' l€ The contractor may be required to add necessary moisture to the fill material and to uniformly mix the water with the fill material if, in the opinion of the soils engineer, it is not possible to obtain uniform moisture content by adding water on the fill surface. If, in the opinion U, of the soils engineer, the material proposed for use in the compacted ll fill is too wet to permit adequate compaction, it shall be dried in an i acceptable manner prior to placement and compaction. COMPACTION !(I When an acceptable, uniform moisture content is obtained, each layer shall be compacted by a method acceptable to the soils engineer and as specified in the foregoing report as determined by applicable standards. Corpacticn shall be ` by g approved tamping r performed rolling with tan in rollers , ' € pneumatic-tired rollers , three-wheel power rollers, vibratory compactors , or other approved equipment well -suited to the soil being compacted. If a sheepfoot roller is used, it shall be provided with cleaner bars attached in a manner which will prevent the accumulation of material ', between the tamper feet. The rollers should be designed so that effective weight can be increased. ! 'I MOISTURE-DENSITY DETERMINATION Samples of representative fill materials to be placed shall be furnished by the contractor to the soils engineer for determination of maximum I jq density and optimum moisture or percent of Relative Density for these materials. Tests for this determination will be made using methods conforming to requirements of ASTM D 698, ASTM 0 1557, or ASTM D 2049. 1 Copies of the results of these tests will be furnished to the owner, the project engineer, and the contractor. These test results shall be the basis of control for all compaction effort. DENSITY TESTS The density and moisture content of each layer of compacted fill will be determined by the soils engineer in accordance with ASTM D 1556, ASTM D 2167, or ASTM D 2922. Any material found not to comply with the minimum II specified density shall be recompacted until the required density is obtained. Sufficient density tests shall be made and submitted to support the soils engineer' s recommendations. The results of density tests will also be furnished to the owner, the project engineer, and the contractor by the soils engineer. ii Ii Empire Laboratories, Inc. Branch p11i°" I Longmom Co 0,130 30101 MATERIALS AND FOUNDATION ENGINEERS P O -13 0. i t]5 I 3037 775 3921 214 No.Howes Fan Collins,Colorado 80522 P.O.Box 429 13031 484-0359 i II 3151 Nano,' wen Cheyenne. Wyoming 82001 P 0 So. 10076 13071 632 9224 September 20, 1983 i ' Mr. Tom Norton ' Norton Underwood and Lamb 1020 28th Avenue Greeley, Colorado 80631 • Re: Oil Waste Pits, Milliken, Colorado ELI Project No. 4966-82 Dear Mr. Norton: j I I . We are pleased to present an addendum to our "Report of a Geotechnical Investigation" prepared for the above-referenced site on January 3, 1983. The purpose of this addendum is to determine the geologic characteristics l of the site. The proposed site is located within the Colorado Piedmont section of the Great Plains physiographic province. The Colorado Piedmont, formed during Late Tertiary and Early Quaternary time (approximately sixty-five million (65,000,000) years ago) , is a broad, erosional trench which separates the Southern Rocky Mountains from the High Plains. Structurally, the property lies along the western flank of the Denver n Basin. During the Late Mesozoic and Early Cenozoic Periods b (approximately seventy million (70,000,000) years ago) , intense tectonic I activity occurred, causing the uplifting of the Front Range and the associated downwarping of the Denver Basin to the east. Relatively flat ? uplands and broad valleys characterize the present-day topography of the f Colorado Piedmont in this region. The site is underlain by the upper Cretaceous Foxhills Formation near its contact with the Cretaceous Laramie 'I Formation. The bedrock formations are overlain by residual and alluvial clays of Pleistocene and/or Recent Age. The bedrock underlies the southern portion of the property at depths four (4) to six and one-half (6-1 /2) feet below the surface. The bedrock was not encountered in the northern portion of the site to a depth eleven (11 ) feet below the surface. It is anticipated that bedrock underlies this portion of the site at depths approximately fifteen (15) to twenty (20) feet below the surface. The bedrock encountered consists of interbedded sandstones, siltstones, and claystones of the Foxhills and/or Laramie Formations. The Foxhills Formation consists of sandstones and siltstones, while the Laramie Formation contains sandstones and shales with coal lenses. The general thickness of these formations varies from zero (0) to four hundred (400) feet. Both the Laramie and Foxhills Formations in the general study area are low-bearing aquifers having average yields between tit ' five (5) and fifteen (15) gallons per minute. The depth of the aquifers is variable; and even though the bedrock was encountered near the 0* I i I II Norton Underwood and Lamb II Page 2 li September 20, 1983 surface, the saturated water bearing portions of the strata may be encountered at depths of several hundred feet. Locally, high yield wells are encountered within both the Foxhills and Laramie Formations. An irrigation well was noted northeast of the project area. The depth and yield of this well is not known to us. . In general, the regional dip of the bedrock in this area is slight and to the east. Seismic activity in the area is anticipated to be low; and from a structural standpoint, the property should be relatively stable. The bedrock in this area is characteristically jointed and thinly bedded. The I I sandstone lenses within the bedrock stratum are generally pervious, while I ' the siltstones and claystones are generally impervious, and uniform flows I through the formations are not anticipated due to their interbedded nature. However, water may flow through joints and fractures in the rock. Due to the relatively flat to gently-sloping nature of the site, geologic hazards due to gravity, such as landslides, mudflows, etc. , are not anticipated on the property. With proper site grading around the proposed ponds, erosional problems should be minimal. t The property lies within the drainage basin of the Big Thompson and South Platte Rivers. The site lies on a bluff well above the flood plains of both these streams and should not be subject to flooding by either one of these streams. It is our understanding that the bottom of the ponds are to be lined with an impervious clay liner and that monitor wells are to be installed. An underdrain and collection system is also planned. It is our opinion I that with the proper construction of an impervious liner along with an I underdrain system and monitoring wells, the possibility of contamination of the groundwater aquifers in the area is remote. If you have any further questions regarding the geologic conditions at the I site, please do not hesitate to contact us. Very truly yours, ll EMPIRE LABORATORIES, INS,. � .:;O'�^ ` o, ••.c., / /...;-..44.9' 4'573 cc: -Ate't il Neil R. Sherrod ., ' >> Senior Engineering Geologist ' I Reviewed by: ?.0 .2'rcc'i1/,.t. i Chester C. Smith, P.E. _*= . L-' i I President = O ° , is I � I 3 1 ADDENDUM TO REPORT OF A GEOTECHNICAL INVESTIGATION !, FOR it Ii OIL WASTE PITS MILLIKEN , COLORADO NORTON UNDERWOOD AND LAMB GREELEY , COLORADO I a PROJECT NO. 4966-82 it BY EMPIRE LABORATORIES, INC. d 214 NORTH HOWES STREET FORT COLLINS, COLORADO 80521 l i 1 If I TABLE OF CONTENTS ii Table of Contents i Letter of Transmittal ii I Report 1 Appendix A A-1 Test Boring Location Plan A-2 i Key to Borings A-3 Log of Borings A-4 A-6 Core Logs Appendix B B-1 Permeability Test Data B-2 Summary of Test Results B-5 {II I II 1 .1 .' i r I Empire Laboratories, Inc. Branch Offices i Longmont Coio.aa10 :;050, MATERIALS AND FOUNDATION ENGINEERS P O ✓o. 113". 214 No. Howes Fort Collins,Colorado 80522 X3031 >r6 3921 P.O. Bon 429 (303) 4840359 III 3151 Nation Way Cheyenne, Wyoming 82001 , P O 80. 10076 II (3071 632 9224 October 17, 1983 i I 3 1 ill Norton Underwood and Lamb 1020 28th Avenue ll Greeley, Colorado 80631 Attention: Mr, Tom Norton Gentlemen: We are pleased to submit an additional addendum our Report of a Geotechnical Investigation prepared for proposed oil waste pits to be constructed on County Road 54E, north of Milliken, Colorado. The accompanying report presents our findings in the subsurface and our recommendations based upon these findings. , Very truly yours, j EMPIRE LABORATORIES, INC. P !" ^ , 1 4 • �r 3 . Neil R. Sherrod : %G !. Senior Engineering Geologist ' _O,,, ,/ / I APP ••• , �� /1O/F is '. CFE F .' t Reviewed by: .J de"'�""Gs`� mtwuurrurpiii Chester C. Smith, P.E. , G`'''*C 5 56F 3,a% President � ' O 4808 .' :-.2-: cic gC• _ , Ti n. O.i.--- II li u L i• e I i ADDENDUM TO REPORT ) i OF A GEOTECHNICALINVESTIGATION I II' SCOPE i • This report I P presents the results of an additional geotecl;nical evaluation prepared for the proposed waste ponds located north of I Milliken, Colorado. The investigation included test borings and laboratory - � i testing of samples obtained from these borings. The objectives of this study were to ( 1 ) determine the subsurface I Ili i conditions to additional depths and in additional areas at the site, (2) I I determine the physical properties of the subsoils encountered, and (3) I recommend certain precautions which should be taken because of adverse i f soil and/or groundwater conditions. i ill SITE EXPLORATION I i The additional field exploration, carried out on October 4 1983, consisted of drilling , to in and 9g g, and sampling three (3) additional test borings. In addition, the original test borings 1 and 2 were redrilled deeper at or in the vicinity of their original locations. The number and f 1 location of the test borings were determined by Norton, Underwood and . i Lamb. The locations of the test borings are shown on the Test Boring I Location Plan included in Appendix A of this report. Boring logs l A prepared from the field logs are shown in Appendix soils encountered, location of sampling, . These logs shoe and groundwater at the time of the exploration. The majority of the borings were advanced with a four-inch diameter, continuous-type auger drill. Boring 2 was deepened by use of seven-irch hollow-stern, power-flight auger drill and dry coring apparatus. The core was obtained from Boring 2 at a depth of ten (10) to thirty (30) feet below the surface. During the drilling operations, a geotechnical engineer from -Empire Laboratories, Inc. was present and made continuous ; ll • � I observations of the soils encountered. The core obtained was logged by I an engineering geologist of Empire Laboratories, Inc. • SITE LOCATION AND DESCRIPTION III The site is located on County Road 54E east of Colorado State Highway 257 between Milliken and Wellington, Colorado. More particularly, the site is described as a tract of land situate in the northeast 1 /4 of Section 6, Township 5 North, Range 67 West of the Sixth P.M. , Weld County , Colorado. The site is located in a fallow farm field irrigated by pivot sprinklers. The area consists of rolling topography and has positive drainage from a low knoll at the center of the site to the northwest and northeast and1. I south and southeast. I. II LABORATORY TESTS AND EVALUATION Samples obtained from the test borings were subjected to testing in li the laboratory to provide a sound basis for evaluating the physical • !� properties of the soils encountered. Moisture contents, dry unit weights, and the Atterberg limits were determined. A summary of the test results 'E is included in Appendix B. Permeability characteristics were also determined from undisturbed samples obtained at the site, and curves i y) showing this data are included in Appendix B. SOIL AND GROUNDWATER CONDITIONS The soil profile at the site consists of strata of materials arranged in different combinations. In order of increasing depths, they are as ij follows: (1 ) Silty Topsoil : A six (6) inch layer of silty topsoil was encountered in the area of the new test borings drilled at the site. The topsoil has been penetrated by root growth and i organic matter and should not be used as a subgrade, embankment or liner material. (2) Silty and/or Sandy Silty Clay: This stratum underlies the topsoil in Borings IA, 2, 6 and 7 and extends to depths seven (7) to thirteen (13) feet below the surface. The silty clay contains varying amounts of sand, is plastic, and is damp in its natural in situ condition. Permeabilities of the clay soil as determined in !I ' the laboratory from undisturbed samples were between .5 to 2.3 • feet per year. (3) Sandy and/or Sandy Clayey Silt: This stratum underlies the topsoil in Boring 5 and the upper clay in Boring 7 and extends to the bedrock below. The sandy silt is nonplastic to slightly plastic, contains a large percentage of fine sand and is dry to damp in its natural in situ condition. It is anticipated that the silt will have relatively rapid permeability rates. (4) Sandstone-Siltstone-Claystone Bedrock: The bedrock was I encountered in the additional borings drilled at the site at depths seven (7) to thirteen (13) feet below the surface and extends to greater depths. The bedrock consists of interbedded layers of it sandstone, silty sandstone, siltstone, shale, claystone, and coal. The upper one (1 ) to two (2) feet of the bedrock is highly weathered; however, the underlying rock is firm. Permeability I tests run on the sandstone portion of the bedrock indicates this material has a permeability rate of 2.16 feet per year. I!(5) Groundwater: At the time of the investigation, no free I groundwater was encountered at the site to the depths explored. DISCUSSION • The purpose of the additional investigation was to better determine the characteristics of the bedrock at the site and to determine the soil profile of the area to the east of the proposed ponds where additional ponds are • planned. In general, the soil conditions encountered in the additional areas were similar to those as described in our original report dated 1 January 3, 1983. Sandy silts not previously encountered were noted adjacent to the northwest corner of the west pond and below the upper clays in the southeast corner of the expanded site. A dry core was taken • in the bedrock at Boring 2 from a depth of ten (10) to thirty (30) feet. A detailed description of the core obtained is included in Appendix A. This core indicates the bedrock consists of interbedded layers of sandstone and siltstone with minor amounts of claystone, shale as well as a seam of coal which was encountered in the bottom of the test boring . The bedrock in general is thinly bedded. The sandstone is poorly cemented and friable and contains minor amounts of dense well-cemented sandstone. The bedrock does not appear to be well jointed. A laboratory permeability test run in the sandstone portion of the bedrock indicate it to be relatively 1� impervious having a permeability rate of 2.16 feet per year. The depth of the bedrock at the site varies from four (4) to fourteen (14) feet below the surface. The dip of the rock appears to be to the east. Bedrock outcrops were not noted at the site; however, outcrops were noted along Colorado State Highway 257 one and one-half miles south of the site. The sandstone and shale bedrock in this area was found to strike approximately north 10° west and have dips of less than one degree (1°) to eight degrees (8°) to the east. Due to the generally massive and Ii highly weathered nature of the outcrops, detailed jointing pattern could not be mapped. However, extensive jointing of the bedrock especially in f, the sandstone was not encountered. The site lies beyond the limit of the Laramie Fox Hills aquifer as mapped by John C. Romero and Eugene R. Hampton and published as Miscellaneous Geologic Investigations map 1-791 by the U. S. Geological Survey dated 1972 . The map text describes the Laramie-Fox Hills aquifer to consist of a medium-grained sandstone twenty (20) to fifty (50) feet thick overlying and grading downward into fine-grained, thin bedded sandstone interbedded with siltstone and shale twenty (20) to fifty (50) feet thick. This sequence is overlain by fine-grained quartzose sandstone, siltstone, and shale sixty (60) to one hundred twenty (120) feet thick. Younger rocks including thin bedded 1 I sandstone, shale, and coal of the Laramie Formation overlie the ( i ILaramie-Fox Hills aquifer in the mapped area. The above description 1 tends to indicate that the bedrock encountered is that of the portion of the Laramie Formation , which lies above the Laramie-Fox Hills aquifer. Regional Map 1-791 does not extend the Laramie-Fox Hills aquifer into the Ii project area. i As stated in our "Report of a Geologic Investigation" prepared for the j above referenced project on September 20 , 1983 , excessive movement of . . water through this formation is not anticipated due to the interbedded nature of the siltstones, sandstones, and claystones. In addition , !i extensive jointing was not noted in the bedrock in both the outcrops south II of the site and in the core obtained in Boring 2. It is our opinion that it properly located observation wells would intercept seepage from a rupture in the clay liner of the pond before extensive contamination of the Laramie-Fox Hills aquifer would occur. Since the bedrock is relatively impervious , it is felt that water would travel on the bedrock surface to the 1 observation wells before extensive seepage would occur and allow water to seep into the bedrock stratum. Since the bedrock is stratified and not 111 highly jointed, it is felt that migration of seepage water through the 1 bedrock stratum would be extremely slow. It should further be noted that our addendum to our -"Report of a Geologic Investigation" dated September 20, 1983 indicated an irrigation well was noted northeast of the project area. We have later learned that the irrigation sprinkler is served by a li water line and not by a well. Therefore, there are no known wells in the immediate project area. I I It is our understanding that additional ponds are to be constructed to 'k!, ' the east of the three original ponds and will have same approximate f Ii design. It is recommended that the ponds be constructed in accordance llj with the recommendations set forth in our "Report of a Geotechnical Investigation" prepared for the site January 3 , 1983. It is recommended • that the bottom and sides of the pond be lined with a minimum of one (1 foot of the on-site silty and/or sandy silty clay soil. In areas where the :' bottom of the ponds are excavated within one (1 ) foot of the sandy silt or bedrock stratum, the silt or bedrock should be ovorexcavated to allow for placement of a one (1 ) foot clay liner. The liner should be • • -5- l { . constructed in accordance with the recommendations set forth in our original report. GENERAL COMMENTS This report has been prepared to aid in the evaluation of the property and to assist the engineer in the design of this project. In the event that any changes in the design of the ponds or their locations are planned, the conclusions and recommendations contained in this report will not be considered valid unless said changes are reviewed and conclusions of this report modified or approved in writing by Empire Laboratories, Inc. , the geotechnical engineer of record. Variations in soil and groundwater conditions between test borings may be encountered during construction. In order to permit correlation between the reported subsurface conditions and the actual conditions encountered during construction and to aid in carrying out the plans and specifications as originally contemplated , it is recommended that Empire Laboratories, Inc. be retained to perform continuous construction review during the excavation and foundation phases of the work. Empire Laboratories, Inc. assumes no responsibility for compliance with the recommendations included in this report unless they have been retained to perform adequate on-site construction review during the course of construction. ji 3 e II APPENDIX A. 1 i {i Il I` wiJ p It I • t , . TEST BORING LOCATION PLAN1--- - ,t , I I iI I,-------)2/ I i i I ii il 0 01121 .II ., I I I I POND 15 o. i , fI N3 I E o00 0 1 Lam, PAD \ t I EON D I I N \..... No ® j r TBM, Norte-H BOLT ON IRRIGATION PIVOT ELEV. X27.47 I I Or1o.1 OdO. Cc. I h I i! eV "fr- i $•ot;IIJG1 QR,11.Erl IZ•I4--S3 0 Tc5T F. -iIJCc KrnKilip2 cm nRJLLEG ID•ot-S3 - I KEY TO BORING LOGS I i /' l'.',• GRAVEL i /4, TOPSOIL ((.�� 1 h�.d FILL SAND& GRAVEL { // SILT •i? SILTY SAND & GRAVEL II ' / / i•< I o•oQ�� • I r,/- CLAYEY SILT o i COBBLES ' e' SANDY SILT -'off ./ .� SAND,GRAVEL& COBBLES ill PECLAY a WEATHERED BEDROCK ' II SILTY CLAY __ SILTSTONE BEDROCK I ra SANDY CLAY [I CLAYSTONEBEDROCK II i. SAND • • • SANDSTONE BEDROCK • 1' i' I ••• SILTY SILTY SAND MS LIMESTONE I MB IV Ii 1 CLAYEY SAND `i µ GRANITE Fyn 1 .�•� SANDY SILTY CLAY 1 SHALE YY II '••,SHELBY TUBE SAMPLE .43,s2-413COAL I ♦ 8 STANDARD PENETRATION DRIVE SAMPLER CORE II 0 WATER TABLE 0 HOURS AFTER DRILLING / ., C HOLE CAVED l 5/12 Indicates That S blows of a 140 pound hammer falling 30 inches was required to penetrate 12 inches. �� • II LOG OF BORINGS -'RYA fbU No_I A d0.2 )10.9 5040 5035 � 'I 16 12 9/111 •� 5030 8/12 p� 26 12 11 5025 8/12 p' . . • =/... 36/12 1 j a/12 ' .. Ia 5020 1 50/7 . : • 5015 -- __ • 11 wl 5010 50 10 . . Aaee . ►��CR' . • 50/10 5005 i TRH, north bolt on irrination pivot, Elevation 5077. 47' . 1 I I iI LOG OF BORINGS I 1 L /+ l l ola OO. 6. ,4O.1 I I , 7/12 5040 I I / • 5035 y ..r ;II i :4:4 ,< i 5/l�• i 5030 R/12 ):',":/ . • . II i; ii ...e X.,i 25/1 5025 ,� • ; iA I 1: 50/5"1— �� 14/1/�r :2— 5020 i... 1 50/8 •I . • ti 32/1 2 • . . II it V 5015 u1 i, ii c,0/4 i P 5010 --- G P•V C C �'1/3 .-t • . 5005 • : . 50/9 14 A. L-,1!in Coiorodo O1L kikC2TE, fit& =:T! z l rtlLLlk coLose ,o R PORT NUMBER X1944 ll -:_^VATION 5031.2 D0;?;NG NU A3ER 2. F'kli- 2.. 1iH f_'eI7 t7 ENGINES 3 �t4 F ( cl dE�k7 O. LOGGED 3Y_ t i I' if .. '.`1-;:{ 1 FAt3F�iC kni..SCv,, , lUITir-_.S 1 DRILL m P. I .'iC.- I , qc + j r:c, T,; _cl_ r/ TI Di � cc. •x.171 :_ I' tt o 0 w �� o I sou �� 1 1 , �� :lip �' Q 18MtN iI 0 J ii r— SI i 1, Z 1 I i f I\ I 111 La-1 619. i !I J , i a t- } 10 . ‘ci tb l IiI.. l,l tF is '�o � / -±\s-- i s �S A{� I V 1 \ L \ /N/ -2 \'3 / i / \ A ,/ \ / \ , c, \I \i: . ,' I; \ , / \ , i, , 2� I. , ,2 ,1 ,:, _ j \_.\.„. ipw i1 7,-;2, � is r .,' I I � �- , i 1 I I Y') 1 li i.- w i l -z r ' < �Z r --z _ 1 IL 1 i til p i .p S` S i �p-3 ± - z 7 I J f s 4 _ - . EN1P1RF LABORATORIES INC. Fi. Coffins , Colorado ''ROJFCT °it- IiASj - fit SPZ T 2- OF 2 :OCATION _ I1 Ll.ik , 6-0LotckpoREPORT NUM3FR j ',. •L EVA'r1O:l 6031.2 BORING NUMBER- -_ 2 . I ;FLD ENGINEER t'kc1/41 6 Litt-4(.5 CORE LOGGED BY ttEIL C. `211EP-t ap t 1 ' _Y ` CCi?E _ REC/ ROCK FA3RIC OiSCONTINUITi_S DRILLncs, ii, G. +x:0.17_ THI rns : )Oj TYPE y";TR'FOL.. CIP JT/FTI DIP I COND. TIME "-""" i<S Z L o I� _ + a 0 r O a ' sn� i j -2 —7-5 I S s;i-` I z .4\� vlz d so I w S s6 7 w Q vii mot-- I I T JF J • G U.I N lam--- I p 4 -z 91 F wAL_ r s tiL 1 ti 11 . • ' I if r Ii APPENDIX B. Ir j ii I 11 I , PERMEABILITY i ' PROJECT : NORTON UNDERHOOD AND LAMBEil , ' G OIL HASTE PITS SAMPLE NUMBER : BORING # 2 @ 3 . 0 ' IITEST PROCEDURE : FALLING HEAD METHOD DENSITY : 108 . 3 PCF iH PERMEABILITY : 0 . 38 Ft/Yr Sl I!, 20 . 0 I I L 16 . 0 _ _ - - - j 12 . 0 . Ii! i s . o i� 1,1 Il rl 'I 4 . 0 I J i r e r C—I T' Ii 0 20 . 0 40 . 0 60 . 0 80 . 0 100 . 0 1 TIME ( Hours ) i , PERMEABILITY i 1 . PROJECT : NORTON UNDERNOOD AND LAMB OIL HASTE PITS i. SAMPLE NUMBER : BORING #2 @ 20 . 5 I : TEST PROCEDURE : FALLING HEAD METHOD !If DENSITY : 109 . 3 PCF11 PERMEABILITY: 2 . 16 Ft/Yr jl, 20 . 0 1 - E . - i 16 . 0 I li 12 . 0 r-------- _ . �� I H 1IH I,, 8 . 0 F. --• _. I 4 . 0 r T- T. - i Er --0 5 . 0 10 . 0 15 . 0 20 . 0 25 . 0 TIME ( Hours ) j . I PERHEHBILITY 1 I I HI PROJECT : NORTON UNDERL��JOOD AND LAMF, OIL HASTE PITS a a = SAMPLE NUMBER : BORING #7 @ 3 . 0 TEST PROCEDURE: FALLING HEAD METHOD ii DENSITY : 55 . E F'CF PERMEABILITY : 2 . 33 Ft/Yr � € ■I■■I_ ■1 ■1■��■ 1 i 16 . 0 ■■■■■■■ ■■■■■■ ■■ ■■_■■■_ ■■N■■■�-■ F 12 . 0 ■■■■■■■■■■�i ■■■■■■■■ ■1■■_1 1 11■�� ■■■■■■■ ■■■■■■■■■ 8 . 0 ,■■�■�■r ■■■■■■rte■ lO■r■ ■■--■■■r ■■■■■■■. ■■■■■■■..■■ ■■■■■■■ .■..■■■..... ■■■■■■■s ■■...■■■■■■■ 4 . 0 I ■■■■■- ■■■■�■■■■ ■■■■■■ ■■■■■■■ 0 4 . 0 8 . 0 12 . 0 16 . 0 20 . 0 TIME ( Hours ) � � Lo _ off Cs U) POoo �o co <) OO OD PO • ar M Ic> tn In j .; , V 1 I rr I O O II N V r V ojD 1< O V I II a x I I O Oi. - x iDe nH ' I I I E Iul I I, rn lJ N V I L a N J C 0 0- < 0 C 0 a u It -13 L mLL L NN uC 0_ .c H ;CC c'a H N H I a '- O M . a_ co O 0 O) O O(NJ On Vi CO O0i If jl ^" ONMMt, N t, .-I O cf In OIcO V Olb co' cu CO CD r, OP In OMONO rr {.CU ti U) U) r1 eV 10 .-1 d' N .�-. Q) V C7 COW N —1 U) .~ Q) lP . -y —1 .ti IP 10 t- co 0 fi rl —4 rl —1 r1 —4 ..-4 .-y rl .--1 ,--I I In co 0 0 0• • in• 0 0 • in 0 0 0 0• • co co to 0 0 0 0 0 0 ct M CO 1' a .-•Cr In • C) V O) • • O • O ct O) • co V In O) V O) 1 I I I 1 1 1 V In r-. '-IV in O) .ti I I I I 1 1 I V In O) .--8 ,--• 8-8 N N 19 0 0 0 0 0 0 O O O I n 0 0 0 0 0 1 n 0 I n 0 0 0 0 0 0 0 0 0 O M sr W O) V O) M O' (T O M V OD 01 V ct Cfl O M V CO 6) M V O) V ce 8. -r .r si n O 'i ;z .—I N �. B-5 — r, � _ uPO CD c▪m N � LC) >U 9 ' a -p • t..) •••C.) .. ?Q • I n x o a N :33- .-4• x : v;i.e. VD ul • jf C) 6 = Z a y I O Cr u ! 7U. L :2,CA ua C/) III c. LL N - CO U lD CV) to CO O O — — iD ENO .-+ N.. CDOCp. u up O M o — a - if ti • L D O O O O O O D W V l!) D) O 'D \D Cr)4-1 N 11 1 M 1 1 1 1 1 LDOOOoOOOO o cnv c• o rn v up Cct .-1 f-r 3%4S,v/x,/f 2Sr V 1 U /5x 60' 0 O36 C -2.: C`6Lairj • 2/Q?e' / V ,r-7/7E1goc��r>G7/nf'c/7 1 eCoraii7 i /7Cauye /1771761/C S' Rio '� //603/.G / / S 3 Q: O 11\ /32 ' \I /` \ \ Sc4/e /-'/G2 ' 3A / \ \1:. \ Cco,7,,wc/ ' V 4 739.-A,ce- ? iye ti. .�z +, IA,' 4°Si .- 2•� ` 'f° 'f + -''..Y i ti n st - . - t . .� i,60,14:4t:-' 4 _ _ •_ -.__.—•�.—..__�. .. .___ _._.�..�.—._-._--.rte it \-. , Jr. — l''...**4'l ` • ` �� 'r • r r i — -- r 1 i --:, ) ' t ‘ �%;',\ ` - - •� • � ` i. r , ' . I - \ v .7_c--7-4.---7/7 /-7/7yA ��r/ e r --- - - � A :e// Urz7ii7 •S'ae N\ so3o \ \ .,-.\ A\ Gaca�io , � � _ \ �`V A es `\ \\ y �' / _ �� Fe//Ce \ a X —�` / / '7.10 II v / f' / / / / Poc.7 / /car i , 11- I. See- ___ --- '~ re / / / •-..,,,, J 7 / - i� , � �� •'i r� 7CNK -ea_ -- ,, , A / -----„..„ / A _S 3a�s9�� /v 99 35. \ - \ /00 Cc"7- / /, \ ` 3>'S/%S""l7!! 99.E ' — ► K ! ,, f o i./ itr / ��. . 't" . i. , lam'/i. / 1 / ' 7 • — cc L:6'7471 , Cr'" O zi/C- h�7`7.5:1/"cccc cc�' ?soO5/49';V _ 9989 • t1! .; 1r . . t_o nr',perty will be from Weld f=ount,/ Road 54. •,tttcattons and agrl col t.uratl capability • t :_ ,nr UAL en from "Soil Survey 0f Weld County, '. 'IL..r ,c',. -r tt.r. i Fart " by United States Dept . of 1 _„i_ „ i !'un,erYation Service, in cooperation :•, , ' , , t :•1 r ,, , , 1r- trttltural E;:periment Station. ,r , iticli•rate or Severe soil limitations were uii i ' h. .t C(L. ,..;.�!1 _. ' by Lc) (III. .-'% elope C_tnahi l i t ('l ass IIe [ l ; Lt slope ( • tbt l j tv Ll ,iss [Ve • !J;•[ t! L.onm, t - slope [ ap.th 1 Llass I le Niett 1.1( a /�? i'i.✓'° -'T �' ay t.Y.-y +. .., +� r `.'3y w. xti: x lea—ill.t"r. . '',,-:-1444":4'k.', ". S4"' .'.. L.. 4. �h _ a.-..s��FK-Iat, `'1 Ya'.' ' .. e_ �� " k�h + v • '• W, r --;-.,...1-4-1;-:‘,11.,_ ,. ... .._.. ' kee.... �^`• fe _, Tit__ ,y / i ' . , h` a f. ..- r i ��/ .. o c , 1.............c,.....................„.. ................ ....... atr �eew j } fJ ...>,.... ..\---.- 5-1 • • I1 A L. i ` s• ue'_'--__../. 1 1 1 y l'\.9i :\ -;-----"/ C..\\ ii/I/ rt\ti , , - eti,i ' -a 1 I LG� 0 _c: o / ,4 29 =./ �r2 ) i 27Stcc--", , , la I ' ‘ ‘1 4.-, 3 1 Irview ,00— , ...., 1 IIiii--NC). 's' . ii JL. ll `riI %/ , VICINITY MAP 4 a ri EXHIBIT I q SHEET 1 BY SPECIAL REVIEW PERMIT PLAN MAP I. SHEETS 1 -SiL�•-ini waSP,y 4it' �! ."#t A Y� xp',dk �� ,�.�y� tt� i I'� '{u w��Y a a TY 7 i „=Gtr L I' I\ 4. Li._...7- 111.\A \ _i l 4 29 u i 6w MONITORING WELL DETAIL J'� 'IULI.," \A \� ROAD 54 E — VAP PARK ADO WELD COUNTY, COLORADO USE BY SPECIA( imanasanzastmorata mark - {I:Jc ."t .r "�. ', 1 ti'. - w ,r -...Vg+.. ,:Y•ro;r.r.. .S': s.. .. I. w T - < 55 y i r•' Y •rt s. �r .. / ..s . N.:4. '...,C.,... .;•,0,, 14 r--" rg ,,�„ 7tr '.4 , 1 4 1 rr Ir • 7 I I 4 1' 1 1 j 1 4' i • I t •/, / , I y r •-• 1 f j 1 i J • ` --mil — —.—...._ --.. —---- — _ i • • • ;ire ,�.,1 . . . ' thc.• • • :;.-I •: , i .n • •t(3 •....r:. ' r c% EIO.tr r] . , • •.. Cc'.'r: .r . ,!. ?1r • • . --n, .I • > I . . .•1 •-•*Lview -1I', I -. ,Et. • ,. . . • " CA • -I,it . •J . ,I ' ..,:IIT11 ° . 1 r.. .r .. • i S . • , • . ' ant .,... i - ,-<:. ,. . :t'S1 .' • ..r.IJ •• , . - „ . ..a . :Ilan. :.c.).ir f- !. . n uty _:,mail • •,. ••. ,• 4:-r v Rf?Fi,-F"- I_ rtmr.E-i- • <4;.! 'f1!•JI. _ . . .• . _a 1.',r pr:-,acrt-✓ ...Jo'i•r , • ) (.:o .rt--by acrr•c=• - •.t:Fa Us t-.- fr • - • • •'+ c've1r);1mtant `.'f<<„t'-..r t. ...-, :3;3!;Cribpd i,c'rc.nn th: 4. I. D. . ; ) . r-rlm - --- - Y !I�•dllur' I Gahm--- - - _.. _ - • -- NORTON UNDERWOOD AND LAMB FCC INEERING ASSOCIATES WE GREELEY, COLORADO 1 ' ' ''' t14 ..? k seer 2' ,, ' i�.J� ry � ,,r- 4 4tr"� �. * 4,;w5 .!€4104,.J 7. '^ s''''',4 i " i .. ...�,,.. .. .cam.., w.,...a.r.. .u.._...._.mss. ,...�:�.ui'...n3:..._ 3 L .-.r.r _ 7 7 ij'C:27I— \ i as 2 1 -- .- . _ - 7,r.v ..� o c t SECTION B-B 1 { C'C x_ b.. Kam,...... 1 9 c ,--Z7-7V72" o �Co.7c ^-;:e"• I ✓/MP ; e: , C7-i x. 5 /&,Tike I '1D.-nom Maioo 7!77 I I I iI I I A _— 1 SCHEMATIC DUMPING & SKIMN71� r� .tos -1,c REVISIONS I DATE DESCR. . . . . . . . . . . . . ' A, + yYa w 3,ifr, 7v "'t t ,y ,4 xF � } ? F v r a x,_ Q t.�,rt." Atc rg#- w,. a �' ` "�" ? n ≤ or"n a' :4..e,.-4.„4-A-„,";"n M, 17, 7= p.4 e �, tk" 11 (-/T •N { I1 c ,7.6.“4/iVe.I.•:---ce c,'-e' 'zeTnA yo 43 sol 7: n.r';sst,- <1MMING FACILITIES •r ig�� (�* DATE .. .,c _.- r. -/- --1-c1--.--3 DESIGNED ,��S' ` ' `.' SCALE NpgIZ. ,,.,';; ;t,;,-. .t..7. CHECKED TE1/ PROJECT NO. .EPT APPROVED 7----7,-(/' 8,23,2/7 ENGINEERING s OF Coto ms, .tn COLORADO DEPARTMENT OF HEALTH Richard D. Lamm }* - Frank A.Traylor,M.D. Governor 18 76 Executive Director October 28 , 1983 Board of County Commissioners Weld County Courthouse 915 10th Street Greeley, Colorado 80631 Gentlemen: This Division has completed its review of the proposed Road 54 E-Vap Park brine waste disposal facility to be located north of Milliken, in Weld County, Colorado. The engineering design and operations report was received by this Division on October 19, 1983. The report and plans were reviewed to determine whether this facility could comply with the rules and regulations of the Solid Wastes Disposal Sites and Facilites Act, Title 30-20 Part 1, CRS 1973, as amended. As you are aware, this is the second application submitted by this facility. The first application was denied by this Division on August 26, 1983 , because the site is located above the Laramie-Fox Hills aquifer and the information provided was not sufficient to ensure that groundwater would be protected. The new application for this facility contains additional geohydrologic studies by Empire Laboratories and revised engineering designs by Norton, Underwood and Lamb, Inc. These additional studies and revised plans adequately address those issues which resulted in a denial of the previous application. It is therefore our opinion that this facility can comply with the Solid Waste regulations if it is designed and operated in accordance with the design and procedures contained in the October 19, 1983 application. The following provisions are recommended for inclusion in the Certificate of Designation, should the Weld County Commissioners decide to approve this facility: 1) A waiver of regulation 4.2.4 be granted pursuant to regulation 1.3.8 , given the design of the seepage detection system and the geologic conditions at the site. 2) Gauge height indicators should be installed in each pond to accurately reflect the depth of liquid waste. 3) Areas of highly pervious soils encountered in the pond bottom during excavation should be removed to a depth of one foot and replaced with clays equivalent in composition and compaction density to those used for liner construction. 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 Weld County Commissic s October 28, 1983 Page Two 4) Should liquid wastes be encountered in the seepage detection system, receipt of wastes at the site should be discontinued until it can be determined which pond is seeping. The de- fective pond(s) should be drained and repairs initiated immediately. Both Weld County Health Department and this Division must be notified if liquids are detected in the seepage monitoring system. 5) Only the four ponds with final contours provided in this application are approved for construction and operation. Future expansion of this site is considered a substantial change and must have the prior approval of the Department of Health. 6) A full-time professional engineering/geologic consultant must be retained for continuous inspection of the evaporation ponds and dump and skim tanks. Particular attention should be provided to the soils intended for liner construction to ensure that they comply with the specifications of the design consultant. Copies of the final inspection reports should be provided to this Division and Weld County Health Department. 7) A representative of this Division or the Weld County Health Department should inspect the final pond excavation prior to liner placement to ensure that all highly pervious soils have been removed. 8) If an evaporation pond is left in a dry condition for a period of 30 days or more, a qualified engineering/geologic consultant must inspect it prior to use and require repairs as appropriate, to ensure that dessication of the clay liner will not hinder its performance. 9) This facility is to receive only oil and gas brine wastes. No hazardous wastes or non-hazardous industrial wastes are allowed for disposal at this site. Prior to construction of this site, the Air Pollution Control Division of the Department of Health should be contacted to determine if a fugitive dust permit is necessary. • Weld County Commission. , • October 28, 1983 Page Three Please contact this Division if you have any questions or desire further information. Respectfully, Kenneth L. Waesche Director Waste Management Division KLW:ew cc: Weld Co. Health Department, Attn: Ron Stow Mr. Arvin Martinsen Mr. Tom Norton, Norton, Underwood and Lamb, Inc. Mr. Bill Smith, Oil and Gas Division, D.N.P,. Mr. John Romero, Office of State Engineer Dr. Robert Arnott DEPARTMENT OF HEALTH ff. RADIOLOGICAL HEALTH AND HAZARDOUS WASTE DIVISION u-; C cc SOLID WASTES DISPOSAL SITES AND FACILITIES 6 CCR 1007 - 2 2 Zt C C C EDITORS NOTES * cc Rulemaking Authority for this Rule is Cited in the Attorney General Opinions listed below. Those opinions may be found in the Code of Colorado Regulations, Attorney General Opinions Volume. History and Amendments: Adopted ?/11/72, effective 4/1/72. 1.11-16 adopted 10/21/81, effective 12/1/81, 4 CR 11. pp. 1.11-16 adopted as emergency regulation 5/19/82, effective 5/19/82, 5 CR 6. pp. 1. 11-16 adopted 5/19/82, effective 7/30/82, 5 CR 7. Pp. 1-1. 19 adopted 11/17/82, effective 12/30/82, 5 CR 12. A. G. Opinions: 4 AG 276; 5 AG 158; 5 AG 193; 5 AG 359 Annotations: Section 3 (1) (g) and Part 2 of Rules entitled "Requirements for Siting of Hazardous Waste Disposal Sites" expired June 1, 1982 pursuant to H.B. 1099, (May 8, 1982) 5 CR 8. •The Tale Page does notcontuses an otfiaal pan of any regulation.I Worm.um comma on the tale page Is potnded by the Publisher!nom bum deemed reliable and is solely for infeenuttonal and historical pppmes See cautionary rote inlntroduaory Malenala.How to Use tie CCR ti':.. • 1 Contents - Regulations for Solid Waste Disposal Page Section 1 - Applicable to all facilities, existing or new: 1 1.1 Authority 1 1.2 Definitions 1 1.3 Scope 1.06 1.4 Exemptions 1 .07 Section 2 - Applicable to all facilities, existing or new: 1.08 2.1 Minimum Standards 1.08 2.2 Operations Standards 1.09 2.3 Inspections 1.11 2.4 Closure Standards 1.12 Section 3 - Applicable to all new facilities: 1. 12 3. . pp_'_^_aticn Procedure . . __ Section 4 - Applicable to all new facilities: 1. 13 4.1 Site Standards 1. 13 4.2 Engineering Design Standards 1. 14 4.3 General Data 1.14 4.4 Geologic Data 1.15 4.5 Hydrologic Data 1. 15 4.6 Engineering Data 1 .16 4.7 Operational Data 1.16 Section 5 - Applicable to all new facilities: 1. 18 5.1 Issuance of Certificates of Designation 1.18 Scope and Applicability 2.1 1.11 Definitions 2.2 1.11 Application Requirements for Certificates 2.3 6 of Designation Minimum Design Performance Criteria 2.4 8 for Off-Site Disposal Sites Requirements for Siting and Design of 2.5 12 Off-Site Disposal Sites Minimum Design Performance Criteria 2.6 15 for On-Site Disposal Sites (Reserved) Requirements for Siting and Design 2.7 15 of On-Site Disposal Sites (Reserved) Violations and Penalties 2.8 16 . Basis and Purpose 2.9 16 ' 6CCR 1007 -2 rd9I2 TIMP.PUBLIC RECORD CORN)RATON ALLRHlIT5 RESE:RVE:D 5CRI 2. I2- 2 Pagel Regulations Solid Wastes Disposal Sites and Facilities 1 .1 - Authority These regulations are promulgated pursuant to the Solid Wastes Disposal Sites and Facilities Act, Title 30-20-Part 1 , C.R.S. 1973, as amended. These regulations replace and supersede the Solid Wastes Disposal Sites and Facilities regulations adopted February 16, 1972; effective April 1 , 1972. 1 .2 - Definitions - as used in these regulations, unless the context otherwise requires: a. "Act" means the Solid Wastes Disposal Sites and Facilities Act, Title 30-20-Part 1 , C.R.S. 1973 as amended. b. "Adequate cover" means: 1 . at least six inches of soil or other suitable material over the working face at the end of each operating day, or at such frequencies as to prevent or minimize the creation of nuisance conditions, and ( . 2. at least one foot of soil or other suitable material over disposed solid wastes in areas left temporarily unused for at least one month, but not finally closed; and 3. at least two feet of soil over the entire fill surface at final closure. c. "Agricultural wastes" means all solid wastes resulting from the raising of crops or animals, including animal manures, that are returned to the soils as fertilizer or soil conditioners, on land zoned agricultural by local requirements. d. "Airport" means an airport open to the public without prior permission and without restriction, within the physical capabilities of the facility. e. "Air pollution" means any concentration of one or more air pollutants in the ambient air that has caused, is causing, or if unabated may cause injury to human, plant or animal life, or injury to property, or which unreasonably interferes with the comfortable enjoyment of life or property. f. "Approved site or facility" means a site or facility for which a certificate of designation has been obtained, pursuant to the Act. dr: T. r . THE CODE OF COLORADO REGULATIONS 6 CCR 1007 -2 Page 1 .01 ' g. "Aquifer" means any geologic formation, group of formations or i portion of a formation capable of yielding significant and useable quantities of groundwater to wells and springs. h. "Base flood" means a flood that has a one percent chance of recurring in any year, or a flood of a magnitude equalled or exceeded once in 100 years, on the average over a significantly long period. • i . "Bird hazard" means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injuries to its occupants. j. "Certificate of designation" means a document issued by the County • Board of Commissioners, upon favoratle recommendation of the • Department, to a person •iutnorizi-,a their operation of a facility for I, solid :oast?. disposal , pursuant te =^° Act. k. "Certificate of designation application" means a document containing all local requirements and an engineering design and operations report prepared in accordance with Section 3.1 through 4.3 of these Department regulations, that: 1 . establishes the site, design, construction, and operational suitability of a proposed type of solid waste disposal , and 2. demonstrates that the implementation of proposed designs will result in compliance with tht Act, these regulations, and all other applicable Department regulations during construction, operations, and post closure. 1 . "Commercial wastes" means all solid wastes generated by stores, hotels, markets, offices, restaurants, and other nonmanufacturing activities, excluding community and industrial wastes. m. "Community wastes" means all solid wastes generated by the noncommercial and nonindustrial activities of private individuals of a community, including solid wastes from streets, sidewalks and alleys. n. "Department" means the Colorado Department of Health. o. "Disease vector" means any animal , bacterium or virus capable of transmitting disease, illness or harm to humans. p. "Explosive gas" means methane or other combustible gases, generated by decomposition in a facility tor solid wastes disposal . • L::; 2: 6 CCR 1007 - 2 THE CODE OF COLORADO REGULATIONS � A9C T11E PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED �LR��- �2-N2 Page1.02 C q. "Facility structures" means any building, structure, or utility services trenches, temporary or permanent, at a facility for solid wastes disposal . r. "Floodplain" means lowland areas adjacent to inland surface waters that are inundated by the base flood. s. "Groundwater" means any water below the land surface in a zone of saturation. t. "Hazardous waste" means any material , alone or mixed with other materials, which has no connercial use or value, or which is discarded or is to be discarded by the possessor thereof, either of which because of its quantity, concentration, or physical , chemical , or infectious characteristics may cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. The term does not include: (i ) discharges which are point sources subject to permits under section 402 of the "Federal Water Pollution Control Act", as amended; (ii ) source, special nuclear, or byproduct material as defined by the Federal "Atomic Engergy Act of 1954", as amended; (iii ) agricultural waste from the raising of crops or animals, including animal manures, which are returned to the soils as fertilizers or soil conditioners; (iv) domestic sewage; (v) irrigation return flows; (vi ) inert materials deposited for construction for fill or topsoil placement in connection with actual or contemplated construction at such location or for changes in land contour for agricultural and mining purposes ; or (vii ) any waste or other materials exempted or otherwise not regulated as a hazardous waste under the federal act. u. "High wind warning" means that sustained winds of 40 mph or greater, or gusts of 55 mph or greater, are expected to persist for one hour or longer, as defined by the National Weather Service. v. "Incineration" means the combustion of solid wastes in such a way as to: 1 . control the air mixture to maintain adequate temperature for efficient combustion, and 2. contain the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and 3. control the emission of combustion byproducts consistent with the standards, rules and regulations promulgated by the Department's Air Quality Control Commission. Pl; THE CODE OF COLORADO REGULATIONS • 6 CCR 1007-2 Page 1 .03 w. " Incorporated into the soil " means the insertion of solid waste beneath the surface of soil or the mixing of solid wastes with the surface soil . x. "Industrial wastes" means all solid wastes, including mill tailings and mining wastes, resulting from the manufacture of products or goods, by mechanical or chemical processes. y. " Inert material " means nonwatersoluble and nonputrescible solids together—with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids according to the rules and regulations of the board. The term includes, but is not limited to, earth, sand, gravel , rock, concrete, which has been in a hardened state for at least sixty days, masonary, asphalt paving fragments, and other inert solids including those the Board of Health may identify by regulation.. z. "Leachate" means liquid that has passed through and emerged from solid wastes, containing soluble, miscible or suspended constituents removed from the wastes. aa. "Local requirements" means all laws, resolutions or ordinances related to solid waste disposal promulgated by counties, municipalities or other political subdivisions of the State. bb. "Mill tailings" means an industrial solid waste generated by the C mechanical or chemical processing of minerals, for subsequent conversion into useable forms as a metal , a metallic compound, an energy source, or raw material for manufacture. cc. "Mimimal quantities of hazardous wastes" means a quantity of less than • • 1 ,000 kilograms (2,200 pounds) of hazardous waste containing. no acutely hazardous waste as defined by 40 Code of Federal Regulations, Subpart 2@1 . 5(e) which is produced only by small quantity generators as defined by 40 Code of Federal Regulations, Subpart 261 .5(a) and which is received by a solid waste facility for processing or disposal in any calendar month. dd. "Mining waste" means overburden to be discarded and other industrial wastes directly related to the preparation, development and operation of mineral extraction facilities. • • .6 CCR 1007 - 2 THE CODE OF COLORADO REGULATIONS • ^1482 THE PUBLIC RECORD CORPORATION /, kit RIGHTS RESER%ED 5C RI 2, I2_-K2 Page1 .04 ee. "Noise pollution" means sound levels radiating from the site boundary at a distance of twenty-five feet or more therefrom, in excesss of standards established in Sections 101 and 103 of the Colorado Noise Abatement A:t, Titlh 25-12-Part 1 , C.R.S. 1973 as amended. ff. "Noncommercial burning of trash" means the combustion of solid wastes in accordance with Subsections (2) and (3) Section 110 of the Act. gg. "Nuisance conditions" are those which may result from explosive gas, bird hazards, disease vectors, odors, windblown solid wastes or cover materials, open burning, water pollution, air pollution, noise pollution and traffic congestion. hh. "Open burning" means the uncontrolled or unconfined combustion of solid wastes at a facility for solid waste disposal . ii. "Person" means an individual , partnership, private or municipal corporation, firm, or other association of persons. jj. "Processing" means performing a type of solid waste disposal , including but not limited to sanitary landfilling, incineration, and composting. C kk. "Putrescible wastes" means those solid wastes that contain organic matter capable of being decomposed by microorganisms, and of such a character and proportion as to be capable of attracting or providing food for birds or disease vectors. 11. "Recyclable matrials" means a type of material that is subject to • reuse or recycling. mm. "Recycling operation" means that part of a solid wastes disposal facility, or a part of a general disposal facility at which recyclable materials may be separated from other materials for further processing. nn. "Sanitary landfill " means the final disposal of solid waste on land by a method employing compaction of the waste and covering with earth or other suitable material , in compliance with the Act and these Department regulations. • r ,� THE CODE OF COLORADO REGULATIONS 6 CCR 1007-2 Page 1 .05 C oo. "Site bouidary" means the outermost perimeter of a facility for solid • wastes disposal in plan, as designated pursuant to the Act. pp. "Site" means a location for a facility for solid waste disposal , chosen based upon reasonably available geologic , hydrologic and operational data considerations. qq. "Sludge" means any solid or semi-solid waste generated by a municipal , comnercial • or industrial wastewater treatment plant; water supply treatment plant; or air pollution control facility, that has been treated to obtain pathogen destruction, odor control , or putrescibility control. • rr. "Solid wastes" means garoace, refuse, sludge of sewage disposal plants, and other discarsec solid :materials, ir, '. wing solid waste materials resulting from industrial , commercial and corium ty activities, out does not include agricultural wastes. ss. "Solid wastes disposal " means the collection, storage, treatment, utilization, processing, or final disposal of solid wastes. tt. "Solid wastes disposal site and facility" means the location and/or facility at which the deposit and final treatment of solid wastes occur. uu. "Substantial change in operations" means any redesign or planned C construction which would significantly change the planned design performance of a facility for solid waste disposal as originally designated; the addition of a category of wastes or other waste handling processes that have not been previously reviewed and accepted as complying with these regulations; or the selling or transferring of the certificate of designation to a new operator. vv. "Surface water" means water that flows on the land surface, or is tributary to such water. ww. "Transfer station" means a facility at which refuse awaiting transportation to disposal site is transferred from one type of collection vehicle to another. 6 CCR 1007 . 2 THE CODE OF COLORADO REGULATIONS no • ^19%2 THE PUBLIC RECORD CORPORATION • ALL RIGHTS RE'SER%'FD SCR 12. I2-F2 Pagc 1 .06 C xx "Treatment" means performing a type of solid waste disposal , including but not limited to shredding, baling, liquid evaporation, and nonbeneficial sludge landspreading. yy. "Water pollution" means the manmade or man-induced alteration of the background physical , chemical , biological or radiological integrity of groundwater or surface water. zz. "Working face" means that portion of a facility for solid wastes disposal where solid wastes are actively unloaded, placed, compacted and covered, at any one time of operation. 1 .3 Scope 1 .3.1 No person shall operate a facility for solid waste disposal , where processing, treatment, .or final disposal is performed, at a site located in the unincorporated portion of any county without a certificate of designation obtained from the Commissioners of the county. 1 .3.2 Sites for new sanitary landfills shall comply with standards of Sections 4.1 and 4.2 unless compliance with the standards is waived by the Department in accordance with Section 1 .3.8 of these regulations. C. 1 .3. 3 The construction, operation and closure of all new facilities for solid waste disposal shall comply with designs, specifications and procedures outlined in the certificate of designation application, as amended by Department review and local requirements; and to the standards in Sections 2.1 • through 2.4 and 3.1 through 4.8 of these Department regulations. 1 .3.4 The construction, operation and closure of all approved facilities for solid waste disposal that were granted a certificate of designation before there were requirements for an engineering design and operations report; or that are in operation on the effective date of these Department regulations, shall comply with standards in Sections 2.1 through 2.4 of these Department regulations. 1 .3.5 Approved facilities for solid wastes disposal that are exempted from certificate of designation requirements under provisions of Section 1 .4 of these Department regulations shall comply with standards in Sections 2.1 through 2.4 of these regulations, unless permitted or operated in compliance THE CODE OF COLORADO REGULATIONS 6 CCR 1007- 2 t Page 1 .07 with regulations pursuant to the Colorado Mined Land C Reclamation Act, Title 34-32, 101 et seq. CRS 1973 as amended: or the Hazardous Waste Act, Title 25-15 Parts 1 , 2, and 3, CRS 1973 as amended. 1 . 3.6 Technical guidelines, including specific technical factors, may be developed and issued by the Department to assist applicants, local governments, and the public. 1 .3.7 A.substantial change in operations, as defined in Section 1 . 2 of these Department regulations, shall be referred to the County Board of Commissioners and the Department for review and approval before such change shall become effective. 1 .3.8 In its consideration of an application, and in the exercise of • its regulatory authority to assure compliance with these regulations, the Department .Tay waive compliance with any standard in Sections 2.2, 2.4, 4.1 , and 4. 2 provided that: (A) Compliance is achieved to the maximum extent technically achievable; (B ) Such waiver is consistent with the purposes of the Act and these regulations; (C) Such waiver is not deemed to constitute a material variation from the requirements of these regulations. J (D) The waiver will not cause a violation of any provision of the Act or other applicable law; (E) The waiver will not cause or allow the violation of any air or water quality standard. 1 .3.9 A concise general statement of the Basis and Purpose for these • regulations has been prepared and adopted by the Board of Health, and hereby incorporated into these Department regulations by reference, pursuant to the Col,:rac Administrative Procedures Act, Title 24-4-103, CRS 1973 as amended. 1 .4 Exemptions: Notwithstanding the provisions in any subsection in Section 1 .3 of these regulations, the following facilities for solid wastes disposal shall be approved sites and/or facilities for which obtaining a certificate of designation under provisions of Section 105 of the Act shall be unnecessary: 1 .4.1 Those facilities at which any person, other than a governmental unit, disposes of his own solid wastes on his own property; provided that the Department has determined, based upon review of an engineering design and operations report prepared and submitted by the operator in accordance with • 6 CCR 1007 - 2 THE CODE OF COLORADO REGULATIONS Jt9,12 TILE PUBLIC RECORD CORPORATION ALL RIGHTS-RESERVED 5CR I 2. I2-IC. Page L .08 CSections 2.1 , 2. 2, 4.1 and 4.2 of these regulations, that the disposal operation will comply with the Act and the applicable regulations of the Department. 1 .4.2. Those facilities for solid wastes disposal at which any person engaged in mining operations permitted by the Colorado Mined Land Reclamation Board, pursuant to the Colorado Mined Land Reclamation Act, Title 34-32, 101 et. seq. CRS 1973 as amended, and its regulations, performs solid waste disposal of mining or other solid wastes generated by such operations within the permitted area for such operations. 1 .4.3 Those solid wastes disposal sites and/or facilities, including processing facilities, operated to reclaim or recycle • metallic, glass, or cloth solid wastes, unless operated on the site of a landfill or incinerator operation. 1 .4.4. Those sites where sludge is used beneficially as a fertilizer, soil conditioner, fuel or livestock feed, provided the sludge is certified to have met all applicable regulations of the Department and the Department of Agriculture. 1.4. 5 Those. facilities for hazardous waste disposal that have been issued a certificate of designation pursuant to Title 25-15 Parts 1 , 2 and 3, C.R.S. 1973 as amended, and its regulations. 2.1 Minimum Standards. All facilities for solid waste disposal shall comply witn the Following minimum standards, of the Oct: 2.1 .1 Such sites and facilities shall be located, operated, and maintained in a manner so as to control obnoxious odors and prevent rodent and insect breeding and infestation, and they shall lie kept adequately covered during their use. 2.1 .2 Such sites and facilities shall comply with the health laws, standards, rules, and regulations of the Department, the Water Quality Control Commission, the Air Quality Control Commission, and all applicable zoning laws and ordinances. 2.1 .3 No radioactive materials or materials contaminated by radioactive substances shall be disposed of in sites or facilities not specifically designated for that purpose. 2.1 .4 A site and facility operated as a sanitary landfill shall provide means of finally disposing of solid wastes on land in a manner to minimize nuisance conditions such as odors, windblown debris, insects, rodents, and smoke; and shall provide compacted fill material ; shall provide adequate cover \. Arai THE CODE OF COLORADO REGULATIONS 6 CCR 1007 .2 Page 1 .09 with suitable material and surface drainage designed to C prevent pending of water and wind erosion and prevent water and air pollution; and, upon being filled, shall be left in a condition of orderliness and good esthetic appearance and capable of blending with the surrounding area. In the operation of such a site and facility, the solid wastes shall be distributed in the smallest area consistent with handling traffic to be unloaded; shall be placed in the most dense volume practicable using moisture and compaction or other method approved by the Department; shall be fire, insect, and rodent resistant through the application of an adequate layer of inert material at regular intervals, and shall have a minimum of windblown debris which shall be collected regularly and placed into the fill . 2. ; . 5 Sites and facilities shall De adequately fenced so as t„ prevent waste material and debris from escaping therefrom, and material and debris shall not be allowed to accumulate along the fence line. 2.1 . 6 Solid wastes deposited at any site/or facility shall not be burned, other than by incineration in accordance with a certificate of designation issued pursuant to section 30-20-105; except that, in extreme emergencies resulting in the generation of large quantities of combustible materials, authorization for burning under controlled conditions may be given by the department. 2.1 . 7 Any provision of the Air Pollution Control Act, Title 25-7-108, C.R.S. 1973 as amended, to the contrary • notwithstanding, the board of county commissioners in any county with less than twenty-five thousand population, according to the latest federal census, is authorized to develop regulations, by resolution, permitting the noncommercial burning of trash in the unincorporated area of said county; except that no permit shall be issued which shall allow the county to exceed primary and secondary ambient air quality standards as prescribed by federal laws and regulations adopted pursuant thereto. 2.1 .8 As used in subsection 1 .5. 7 of this section, "noncommercial burning of trash" includes the burning of wood waste in wigwam wood waste burners. 2.2 Operations Standards: All facilities for solid waste disposal shall be operated in accordance with the following standards, where applicable; unless said standards are waived in accordance with Section 1 .3.8 of these Department regulations: ,Y 6 CCR 1007 - 2 THE CODE OF COLORADO REGULATIONS 'ICC 771E PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED C IL I2. I'_-5? Page 1 . 10 (I 2.2.1 Facilities for solid waste disposal shall be kept adequately fenced to prevent unauthorized public access without operator supervision. 2.2. 2 Surface waters shall be diverted from, or around, the disposal site and facility and its working face. 2.2.3 Groundwater quality shall be monitored upgradient and • downgradient of facilities for solid waste disposal where final disposal or liquid evaporative treatment is performed. 2.2.4 All groundwater and explosive gas monitoring points shall be installed in accordance with applicable rules and regulations of the Water Well and Pump Installation Contractor's Act, Title 37-91 Part 1 , CRS 1973 as amended; and the water quality and gas concentrations of samples taken from the wells shall be determined by the facility operator. 2.2. 5 Groundwater quality and explosive gas concentrations shall be monitored regularly, as deemed necessary by the Department and the operator on a site specific basis. • 2.2.6 The concentration of explosive gases generated by the facility for solid waste disposal shall not exceed: 1 ) One percent by volume in air within facility structures (excluding gas control or recovery systems) , or 2) Five percent by volume in air at the site boundary, unless • geologic or other conditions are such that no explosive gas hazard exists beyond the site boundary. 2.,2.7 Disposal sites and/or facilities that accept putrescible wastes that may attract birds, and which occur within 10,000 feet (3048 meters) of any airport runway used by turbojet; or within 5,000 feet (1 ,523 meters) of any airport runway used only by piston-type aircraft shall not pose a bird hazard to aircraft. 2.2.8 Facilities for solid wastes disposal where final disposal is performed shall cease operations during periods when high wind warnings as defined in Section 1.2 are verified on-site. If the facility has no wind velocity measuring device, closure decisions shall be based on readings obtained hourly by the facility operator, from the nearest National Weather Service Office or other location approved by the Department. THE CODE OF COLORADO REGULATIONS 6 CCR 1007 - 2 Page 1. 1 1 2.2.9 No facilities for solid wastes disposal shall knowingly receive any waste classified as acutely hazardous, per 40 Code of Federal Regulations 261 .33. 2.2.10 No facility for solid waste disposal shall knowingly receive any quantity of hazardous waste defined in Section 1 .2 of these Department Regulations in any calendar month, unless authorized by the Department, the County Board of Commissioners, and the facility operator. 2.2.11 No sanitary landfills shall accept raw sludges from wastewater treatment plants, septic tank pumpings, or chemical toilet wastes, without approval from the County. Board of Commissioners and the Department. 2.2. 12 Sludges shall not be codi r_osed with other solid wastes at the working face of sanitary lanafills without approval from the County Boara of Commissioners and the Department. 2.2.13 All operating records shall be made available to the County Board of Commissioners and the Department upon their request. 2.3 Inspections of Approved Sites and Facilities 2.3.1 Approved facilities for solid wastes disposal may be inspected C by the Department to evaluate their compliance with the Act, and these Department regulations, and the certificate of designation application as amended by the Department. No prior notification of said inspections shall be required. 2.3.2 Approved facilities for solid waste disposal which were (1 ) granted a certificate of designation before then was a requirement for an engineering design and operations report with a certificate of designation application, or (2) which are exempt from certificate of designation requirements under Section 1 .4 of these regulations, may be inspected to evaluate compliance with the Act and these regulations, if no other Colorado law and regulations apply, in accordance with Section 1 .3.5 of these Department Regulations. No prior notification of said inspections shall be required. 2.3.3 If an approved facility for solid wastes disposal is determined by inspection to be noncompliant with the Act, these Department regulations, or the certificate of designation application, as amended, the facility operator and the County Board of Commissioners shall be notified of the violation by certified mail sent by the Department. n. 6 CCR 1007 - 2 THE CODE OF COLORADO REGULATIONS • • ©I982 THE PUBLIC RECORD CORPORATION • ALL RIGHTS RESERVED SCRIL I2-$2 Page 1 . l2 • 2. 3.4 If the facility operator fails to respond to the Department violation notice within thirty days, said operator may become subject to statutory and other remedies as appropriate including: 1 ) Fines, imprisonment or both, under Section 114 of the Act, 2) Temporary suspension or revocation of the certificate of designation, under Section 112 of the Act, or • 3) If a facility is deemmed a public nuisance for violation of the Act or these Department regulations, the violation may be enjoined by a District Court under Section 113 of the Act. 2.4 Closure of Approved Sites and Facilities 2.4.1 No person shall close an approved facility for solid wastes disposal without notifying the Department and the County Commisinners in writing at least sixty days in advance of the closure date. 2.4.2 The operator of an approved facility for solid wastes disposal shall notify the general public at least sixty days in advance of the proposed closure date by placing signs of suitable size at the entrance to the site and facility. C 2.4.3 Approved facilities for solid wastes disposal shall be closed in accordance with the Act, these Department regulations, and in the manner specified in the certificate of designation application as amended. Precautions shall be taken to prevent further use of the site and facility for unauthorized disposal . 2.4.4 The concentration of explosive gas generated by the facility for solid waste disposal shall not exceed five percent in air - at the site boundary after closure. 2.4.5 Water pollution shall not occur at or beyond the site boundary after closure. 2.4.6 Nuisance conditions shall not exist at or beyond the site boundary after closure. 3.1 Application for a certificate of designation, for new facilities for solid waste disposal 3.1 .1 Any person proposing to operate a facility for solid wastes disposal within the unincorporated portion of any county shall apply to the Commissioners of the County in which the site is to be located for a certificate of designation. • ra! • THE CODE OF COLORADO REGULATIONS 6 CCR 1007 - 2 Page 1 . 13 C 3.1 . 2 The application shall include a nonrefundable twenty-five dollar fee, and at least five copies or as many additional copies specified by local requirements, of an engineering design and operations report prepared in accordance with Sections 3.1 through 4.8. The application shall also include all other documents specified by local requirements. 3.1 .3 After receipt of an application, the Commissioners shall forward copies of the application and at least four copies of the engineering design and operations report to the Department for review and a recommendation for approval or disapproval . 3.1 .4 Recommendations on certificate of designation applications, including the engineering design and operations report, snail be zased .con carnal - nce with tie Act ana tnese Je^3rtient regulations. 4.1 Site Standards: All new facilities for solid waste disposal shall comply with the following standards, unless said standards are waived in accordance with Section 1 .3.8 of these Department Regualtions: 4.1 .1 The topography of the site shall maximize protection against prevailing winds on-site and minimize the amount of precipitation catchment area upgradient of the site. C 4.1 .2 Facilities for solid waste disposal shall not be located in floodplains. 4.1 .3 No significant aquifer recharge areas, as may be designated by the Colorado State Engineer' s Office or the Department's Water Quality Control Commission, shall be adversely impacted by solid waste disposal . 4.1 .4 Facilities for solid waste disposal shall be sited no closer to domestic wells or springs shown to tap the uppermost aquifer downgradient of the site, than that distance groundwater beneath the site would flow during the facilities' operating life, unless adequate groundwater protection is provided. 4.1 .5 Facilities for solid waste disposal shall isolate wastes frcm the public and environment by emphasizing favorable geologic conditions over engineered improvements of marginal geologic conditions. TM 6 CCR 1007 • 2 THE CODE OF COLORADO REGULATIONS 51981 ThE.PUBLIC RECORD CORPORATION ALL.RIGHTS RESERVED 5(11212. 1382 Page 1 . 14 • 4.1 .6 Facilities for solid waste disposal shall not place wastes below or into surface water, or groundwater that has a potential or existing beneficial use or that is in direct communication with surface water or an aquifer. 4.2 Engineering Design Standards: The engineering designs of all facilities for solid waste disposal shall comply with the following standards, unless said standards are waived in accordance with Section 1 . 3.8 of these Department Regulations: 4.2.1 Groundwater shall be protected from water pollution by leachate from the facility for solid waste disposal . 4.2.2 Permanent surface water diversion structures remaining after closure shall control runon and runoff from the 100 year event. 4.2.3 Geologic hazards, or conditions including but not limited to slope stability, faulting, folding, rockfall , subsidence or erosion potential , shall not prevent the disposal site and/or facility from complying with the Act and these Department regulations. 4.2.4 Groundwater monitoring wells are designed in accordance with applicable rules and regulations pursuant to the Water Well and Pump Installation Contractor's Act, Title 37-91-Part 1 , C.R.S. 1973 as amended. 4.2.5 Sufficient amounts of adequate cover, as defined herein, exist or are readily available off-site, for use throughout the site' s life, and after closure to minimize nuisance conditions • as necessary. 4,2. 6 Demonstrate that two feet of final cover is sufficient for the establishment of vegetative protection against erosion, and able to maintain the wastes's isolation after closure. 4.2.7 Adequate amounts of water are available, for construction purposes and to minimize nuisance conditions, as necessary. 4.3 The engineering design and operations report shall include, as a minimum, the following general data: 4.3.1 Mailing address, county and legal description of the facility for so: id wastes disposal , township, section and range 4.3.2 Area of site, in acres THE CODE OF COLORADO REGULATIONS 6 CCR 1007 -2 { Page 1 . 15 C 4.3.3 Type of facility for solid waste disposal proposed for the site. 4.3.4 Discussion of facility's service area, including transportation corridors and surrounding access. 4.4. The engineering design and operations report shall include, as a minimum, the following geologic data: 4.4.1 Types and regional thickness of unconsolidated soils materials. 4.4.2 Types and regional thickness of consolidated bedrock materials. 4. 4.3 Regional and local geologic structure, including oeurocK strike and dip, and fracture patterns. 4.4.4 Geologic hazards, including but not limited to slope stability, faulting, foliding, rockfall , landslides, subsidence or erosion potential , that may affect the design and operation of the facility for solid wastes disposal . 4.5. The engineering design and operations report shall include, as a minimum, the following hydrological data: 4.5.1 Lakes, rivers, streams, springs, or bogs, on site or within C' two miles of the site boundary. 4.5.2 Depth to and thickness of uppermost aquifers. 4.5.3 Domestic wells within one mile of the site boundary; well depth, depth to water, screened intervals, yields and the aquifers tapped. 4.5.4 Hydrologic properties of the uppermost aquifer, including flow directions, flow rates, porosity, coefficient of storage, permeability, and potentiometric surface. 4.5.5 Site location in relation to the base floodplain of nearby drainages. 4.5.6 An evaluation of the potential for impacts to existing surface water and groundwater quality from the proposed facility for solid waste disposal . 4. 5.7 The existing quality of groundwater beneath the proposed facility. 6 CCR 1007 - 2 THE CODE OF COLORADO REGULATIONS rik ©1912 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 5(212, I2-K2 Page1 . 16 C4.6. The engineering design and operations report shall contain, as a minimum, the following engineering data: 4.6.1 The type and quantity of material that will be required for use as daily or intermediate cover over the life of the site and facility. 4.6.2 The type and quantity of material that will be required for use as liner material or final cover; its compaction density and moisture content specifications, and the design permeability. 4.6.3 Maps and plans, drawn to a convenient common scale, that show: a. the location and depth of cut for liners; and daily or intermediate, and final cover. b. the location and depths of proposed fill or processing areas. c. the location, dimensions and grades of all surface water diversion structures. d. the location and dimensions of all surface water containment structures, including those designed to impound contaminated runoff leachate, sludge, or liquids for evaporative treatment. e. spatial distribution of engineering, geologic and hydrologic data, and relationship to proposed facilities. f. the location of all proposed facility structures and access roads. g. the location of all proposed monitoring points for surface water and groundwater quality, and explosive gases. h. the final contours and grades of the fill surface after closure. i . the location of fencing to be placed on-site. j . the location of each discrete phase of development. 4.6.4 Construction details for all proposed monitoring points, to monitor surface water and groundwater quality, and explosive gases. 4.7. The engineering design and operations report shall include, as a minimum, the following operational data: r , . THE CODE OF COLORADO REGULATIONS 6 CCR 1007. 2 Page 1. 17 4.7.1 The qualifications, names, addresses of the persons operating the facility and having the authority to take corrective action, in the event of noncompliance. 4.7.2 The hours of the day, and days of the week, that the facility will be operating. 4.7.3 The types and daily volumes of wastes to be received; expect ... life of site. If sludge is to be received, its quality should be determined in accordance with Department technical guidelines. 4.7.4 The number of, classification, and job descriptions of personnel projected to be empioyeed at the facility when operating at full capacity. 4.7. 5 Number of, description and uses of all equipment projectea to be employed at the facility when operating at full capacity. 4.7.6 Systems of records to be maintained, including incoming waste volumes, water quality monitoring results, explosive gas monitoring results, as built construction details, and variations from approved operations procedures. 4.7.7 The size and types of disposal cells or processing areas to be constructed. 4. 7.8 The frequency of the application of adequate cover. 4.7.9 The types and heights of fencing to be placed on-site. • 4.7.10 Provisions to minimize nuisance conditions on-site. 4.7.11 Provisions for fire protection to eliminate open burning on-site, and to prevent the spread of open burning to adjoining property. 4. 7.12 Provisions for the retrieval of windblown solid wastes, on or off-site. 4.7.13 Conceptual plans to be implemented if the contamination of surface waters or groundwaters occur; or if nuisance conditions are confirmed beyond the site boundary. 4. 7.14 The amounts and sources of water to be used on site for the control of nuisance conditions, fire protection, construction purposes and personnel use. 6 CCR 1007- 2 THE CODE OF COLORADO REGULATIONS 19N2 THE PUBLIC RECORD CORPORATION P:I❑e 1 . 18 UT.RIC1 RESERVED `,(�R 12. 1 2 C - 4.8. Closure Data: The engineering design and operations report shall include, as a minimum, the following closure data: 4.8.1 Provisions for the maintenance of the facility after closure, to prevent or minimize nuisance conditions. 4.8.2 Provisions for the monitoring of explosive gas and groundwater wells or surface water after closure. 4.8.3 Plans for final closure of the facility, including planned final contours of fill surface after closure. 5.1 Issuance of certificates of designation for new facilities for solid waste disposal : Certificates of designation are issued by Boards or county Commissioners in accordance with the requirements for the consideration of applications contained in Sections 30-20-104 and 30-20-105, of the Act. 5.1 .1 Factors to be considered (1 ) In considering an application for a certificate of designation, the board of county commissioners shall take into account: (a) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions; (b) The convenience and accessibility of the solid wastes disposal site and facility to potential users; (c) The ability of the applicant to comply with the health standards and operating procedures provided for in the Act and such rules and regulations as may be prescribed by the Department; (d) Recommendations by local health departments. (2) Except as provided in the Act, designation of approved solid wastes disposal sites and facilities shall be discretionary with the board of county commissioners, subject to judicial review by the district court of appropriate jurisdiction. (3) Prior to the issuance of a certificate of designation, the board of county commissioners shall require that the C . , THE CODE OF COLORADO REGULATIONS 6 CCR 1007 -2 f Page 1 . 19 C report which shall be submitted by the applicant under section 30-20-103 of the Act be reviewed and a recommendation as to approval of disapproval made by tie Department and shall be satisf:sd that the proposed solid waste disposal site and facility conforms to the comprehensive county land use plan, if any. The application, report of the department, comprehensive land use plan, and other pertinent information shall be presented to the board of county concuuissioners at a public hearing to be held after notice. Such notice shall contain the time and place of the hearing and shall state that the matter to be considered is the applicant's proposal for a solid waste disposal site and facility. The notice shall be published in a newspaper having general circulation in the county in which the proposed solid wastes disposal site and facility is located at least tan out not more :ran thirty :ays prior to the date or the nearing. 5.1 .2 If the board of county commissioners deems that a certificate or designation should be granted to the applicant, it shall issue the certificate, and such certificate shall be displayed in a prominent place at the site and facility. The beard of county commissioner shall not issue a certificate of designation if the department has recommended di sppproval pursuant to section 30-20-103 of the Act. 5.1 .3 The County Board of Commissioners shall forward a copy of the certificate of designation to the Department ' • 'r. . 6 CCR 1007 - 2 THE CODE OF COLORADO REGULATIONS it • , ©I982 TIM PUBLIC RECORD CORPORATION ♦ ALL RDarts RESERVED SCRI1 I2 iii Pale 2 RULES AND REGULATIONS PERTAINING TO SOLID AND HAZARDOUS WASTES • • PART 2 REQUIREMENTS FOR SITING OF HAZARDOUS WASTE DISPOSAL SITES 2.1 Scope and Applicability. These regulations shall be applicable to the location, design, and design performance of any hazardous waste disposal • site which is in operation or proposed to be .operated after July 1, 1981, except on site hazardous waste disposal sites regulated under Federal interim status or a permit issued pursuant to the Federal Resource Conservation and Recovery Act of 1976, as amended (See Reserved Sections 2.6 and 2.7 below) . These regulations shall not be applicable to hazardous waste sites to the extent that such sites are subject to regulations promulgated pursuant to Subtitle C of Title II of the Federal Act. (l 2.2. Definitions. The following definitions, as used in these regulations, shall apply when used unless the context otherwise requires: a) "Adverse effect" means an exposure of humans that exceeds public health protection standards or that can be shown to produce effects on health contrary to a person's welfare, degradation of an environmental medium in excess of quality standards, or significant deterioration of vegetation, crops, or wildlife so as to endanger their viability or normal use. b) "Aquifer" means any geologic formation, group of formations, or portion of a formation capable of yielding significant and useable quantities of groundwater to wells and springs. c) "Board" means the state board of health created by 25-1-103, CRS 1973, as amended. 7 rN.;4 THE CODE OF COLORADO REGULATIONS 6 CCR 1007 . 2 A Page 2.01 J) "Department" means the Colorado Department of Health created by 25-1-102, CRS 1973, as amended. e) "Disposal site" means all contiguous land, including publicly—owned land, used for hazardous waste disposal under common ownership. f) "Domestic sewage" means untreated sanitary wastes that pass through a sewer system. g) "Existing hazardous waste disposal site" means , hazardous waste operation •prior to 1, :91. disposal site wnie�n is in .._.._='?e. July� h) "Federal act" means the federal "Solid Waste Disposal act", as amended by the Federal "Resource Conservation and Recovery act of 1976", and as from time to time amended (42 U.S.C. 5901 et seq.) . i) "Governmental unit" means the State of Colorado, every county, city and county, municipality, school district, special district, and authority located in this state, every public body corporate created or established under the constitution or any law of tnis state, and every board , commission, department, institution, or agency of any of the foregoing or • - of the United States. 3) "Hazardous waste" means any material, alone or mixed with other materials, which has no commercial use or value, or which is discarded or is to be discarded by the possessor thereof , either of which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. The term does not • 6 CCR 1007 - 2 THE CODE OF COLORADO REGULATIONS T C n4,, T REA A Colorado Corporation ARVIN G. MARTENSEN ;HOUSE BROKER ASSOCIATE REALTY' : INC. H ` USE Office: 669-2200 :66131IO Res.: 667-6595 INC: X�77.77 663'311O M L S. Sp Loveland, N Lincoln Ave.Lo 2121 N. Lincoln ve 0537 October 28 , 1983 Board of County Commissioners C!El{l CnMITY nn'"^"!ccin?!cDS Weld County Colorado cP fl D5-Jiff; •915 10th. Street " n, Greeley, Colorado 80631 • OCT 2 81983 • RE : Road 54, E-Vap Park 1 Gentlemen: Please find attached copies of letters from the State Department of Health and the Weld County Planning Department concerning our proposed brine disposal site. Due to danger of a ground freeze , which would prevent construction of this much needed facility, I would like to request that this matter be placed on your November 16 , 1983 agenda . I understand that I will be liable for additional advertisement costs , etc . , which I will certainly pay. I will be happy to furnish any information or services • that will expedite this application. Sin ly, in G . Marte sen, Developer Ro d 54 , E-Vap Park AGM/jb AILS 03 Gavle Packard-Seeburger Milliken Town Manager Milliken Town Hall Milliken, CO. 11/14/83 Mr. Rod Allison Department of Planning Services Weld County 915th 10th Street Greeley, CO 80631 Dear Mr. Allision: The Town of Milliken has reviewed Case Number USR-540:83:3, a request for aan oil and gas well production water disposal site. It is the Town Council's recommendation that this request be denied. The foremost concern that the Town of Milliken has with this request is it's location with respect to the Town. This site is located less than 1 .25 miles from the Town boundaries and the topography is such that it will be clearly visible to a large subdivision of upper income housing. The Town of Milliken is in the process of improving it's environment and moulding itself into a Town that is aesthetically pleasing, contains a population with persons of all income levels and is capable of attracting and developing a strong economic base. To accomplish this, the Town has marshalled it's effort in two major areas: it is redeveloping older sections of the Town and upgrading it's physical characteristics by improvements to the storm drainage and transportation system; it is also encouraging a varied housing mix and, ultimately, an economic base through it's development of a well planned subdivision abutting a golf course. The successful development of this subdivision and adjacent land into commercial and light industrial uses is instrumental to Milliken's future. The elements neccessary to make this success possible are present. The area is scenic, with a rolling terrain and an unobstructed view of the mountains. Transportational access is good and traffic is light. It has a rural environment, yet it is within twenty minutes of two cities. The Town welcomes well planned growth and makes it feasible for this growth to occur. Water and sewerage facilities are adequate to accomodate growth. That is, the Town has created the conditions that will permit it to successfully grow. The installation of this oil and gas well production disposal site will jeopardize this plan. This site, minimally, will be a visual blight on the area. It, and the trucks hauling to site, will be visible for miles, and the potential, as well as stated plans for site expansion, will only aggrevate this problem. The Town does not consider, as does the developer, that a six foot chain link fence surrounding the site, and the planting of native grasses, landscaping. Without a doubt, this site will be an eyesore, and discourage the growth of clean, light industry in the immediate vicinity. It will also depress land values in the new subdivision and make successful development more difficult. In addition to this, the Town foresees traffic congestion within it 's Town and subsequent damage to it's streets. The Town rejects the premise that the haul trucks will use only County Roads. Knowing that a substantial number of wells are located to the south, common—sense indicates that the Town will have to subsidize the cost of this plant through increased costs of street repair and maintainance. The Town, of course, will receive no benefit by way of taxes or other means. The plant will serve only as a financial drain to the Town. Another critical area not addressed is oder. The Town believes that this site has the potential for creating significant oder problems. In the past, the Town has had to contend with Great Western and other polluters. The problem generated by GW has just been eliminated. The Town does not need another polluter installed just outside it's corporate jurisdiction. Fire protection is another concern. There will be no hydrants on site. Instead, t e developer will rely of the fire department pumpers controllin chemical or grass fire which may occur. This is inadequate. Brush fire on a windy day travel rapidly. The right wind direction could swiftly bring it to one of the Town's subdivisions. The Town of Milliken believes, however, that negative environmental impacts will not be limited to the ones mentioned above. The Town believes that the potential for both on and off—site problems exist. It is our understanding that this site has a life expectancy of approximately twenty years. This is a long time, even if the project calls for monitering wells. Clay lined ponds are, in the Town's judgement, insufficient. The Town believes that a combination of man-made lining, in conjunction with the clay lining, is the minimal amount that should be considered. Pollution is a serious problem and should be addressed before it occurs, not after it happens. Second, the Town is concerned about what is really being dumped into those ponds. The idea that the Health Department or the Gas and Oil Commission will adequately-moniter-this-aspect is preposterous. They simply lack the required man-power. Thus, this site potentially becomes an area for the dumping of all sorts of wastes. Even granting that probability of this occurring is low, Milliken believes that to encourage a use with this potential problem, so close to a population center, to be unconscionable. Third, the Town has no doubt that this use will create environmental problems off-site and within the Town. This plan calls for the site to accept approximately twenty-five loads per day. Past experience in the Fort Lupton-Platteville area shows that substantially larger quanities of waste are being generated. What happens when the site has received it's "quota"? Does anyone seriously believe that truck number twenty-six will turn around and drive to Fort Lupton? No. It will pull over to the nearest ditch and dump it's waste. There is going to be a lot of those trucks, and it will be the Town of Milliken that they will be polluting. It will also be the ground water and the environment itself. The Town does not concur with the argument that this site will meet demand. The Town has seen no data to support this contention. What we have seen in this application, as opposed to the first one submitted, is the hiring of consultants to "professionally" show that initial concerns over site pollution are unfounded. Milliken recognizes that internal controls have been improved and that, internally, this (with the reservations cited earlier) may be a prototype for future disposal sites. However, our primary objection remains, and, in fact, was not even addressed by this proposal: How is this problem being handled on a regional basis? The disposal of oil and gas waste is a regional (and State) problem. As such, it should be addressed from a regional perspective; not on a haphazard basis. This is precisely what is occurring in Milliken. Milliken is convenient. Milliken is a stop—gap measure. Milliken is small and does not have the financial resources to fight this proposal as does a City such as Greeley. Milliken will be a politically expedient dumping ground for gas and oil waste. Milliken is the easy way out. As a regional problem, the disposal of gas and oil waste should be approached regionally. That is, the region should determine the magnitude of the present problem, and it's potential growth. Obviously the region should be able to present via maps, data and other material, the location where the greatest need for these sites is located. Then, it is logical to assume that a series of policies--policies which consider adjacent land uses, economic considerations, as well as geological considerations; policies which consider whether such sites should be dispersed, as well as their size and general locations be promulgated. This has not been done. Instead, the assumption has been made that any site, anywhere, is better than no site at all. Worse, the Town literally does not know (based on the site developer's remarks) whether this is a forty—nine acre site, or whether it will be triple that size in the near future. Milliken believes the whole procedure in this matter is inappropriate. In lieu of any policy in this area, Milliken strongly feels that a conservative approach should be implemented.If the Town were to be consultled on the placement- of these sites, it would encourage the following policies to be promulgated: 1. No site would be situated within three miles of an incorporated jurisdiction without the explicit permission of that jurisdiction. 2. Sites would be dispersed to ensure that areas would not receive more than their "fair share" and reduce the economic costs involved in the haul. 3. Transportation routes would not involve the use (to any great extent) of a municipality's streets, and would not create traffic congestion and safety hazards. The Town has not been consulted. And these three policies will be violated in the placement of the site at the proposed location. Milliken acknowledges that what it would like to see as policy, may not coincide with that of other enities. However, the Town would like the opportunity to determine what those policies, collectively, should be. Instead, the Town is being asked to sacrifice it's potential future because it was too much trouble to do things right. Therefore, on behalf of the Town of Milliken, and for the above stated reasons, you are strongly urged to reject this proposal. Sincerely, � 7gluza-c9- Gayl‘7Packard-Seeburger Circuit Bider/Town Manager , in" i ! v 1c , lljll 'II ---- ---- ?UI 7721, we!? 5z Veld Ca. Planning C-c Co ?c(5,743 p ) //�� 7T- Crmmissiar, , f' / '4'L!/u. �YaZI.iK CvYYY1liL Zv b ''CZ-r tC,3. a ' L �,%�.�/.,, an-i �l'l�. x� „t�y0-cLtc.t`iCtdw .Gv rZ- C(capG ,Qi±c L� 1 G-a,2_ 4i%JA-' Sao. 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Planning Commission 7 -1-X /%7,5 �. �� CGen_!2� �" .��192)Ze'Y�< k�'h?ter c-E� J /•-'' /17( Z'42 C�u 27 G.I']72-2- ct,iLC-„C'.Lc. 1•L"e-. -C.e t{• j )e,c-(^�.c; Xeczle-2='J ( -. 2f.-?ye'F�/- / F.5 nom- .: -.i-e z< .r.e ;*2e.4w+w-C:C _.t�-+/,2- Y .LCitt- .n� azfre-'L-C-2 C�Zt �J—LL _ . ... 7:-4.-_ -G-C. z'zc.e.P 4— g-cam p x �cr .2-5 i, t-2-- �_�C _ Al- C l Al P 7R), �� G?.fYl�- eel � / / i (2?(L' ( - L 7-2 � c- �, -e. C - c,iL- uL y\ .mac--1 .277„,,_, ✓ E _!C? lam✓ _I IL c.Q._' C C 'z,--ti,EJ.1�P__rc. r G c 7,- -v .el- o C2-n to ,_ Gam!__.__.-. .c ,cam , a---e 2 _ - 74-e-cam ,c� A2mi�.,•` (-to f /� � z�� c� - �LCcmmLti. 1% . ,. _e_t?Lcu"ccr A f7 _,,,_ / AP 4 • /(?-cf-s-( 7,,_-- ol-t----C--1., FEZ-z:c , ze ,,e_i ci,LA...a..<40 il&nn.. cvvu ceiz . _ .. . _ - - '(„ /112. L'uoAi --(lccc,{- c ,u' CLw(C.. '-'1"-7 Cvwc_t C. l"CL�L� or . ia`�' �^ -,"��,"'v1 S'�� S,� 3. ^?!fin? ' h ^r ..'hrr`4`': s.v "•?-c S'�n'+'c�.<r;�' rr--�`_:.+...''r `..Z VaVI.-VI. .i.a -di 4".;r?cl-•_ :. µ (,-C it c t / — �� i / • / / ( - _ , l` 3 �j j ' u II Weld Ca. Planning Commission • • • • • yh� t �,� :': y .. L cbg _'" -cc. GNn t1 Uc 27 —N-- (.4rfi'.i+?F�.M1p1S .. f tl o—c . .1 1,„z 7.1.L.,4-74 •..t.r r y'? .. . ... p n et - =ait -� M =xt."31 Y.)--a.�_ % .z2,R.. , d -.V 4 -c-- o11 u", ,,,,, 3• ir / ..... � _y Commission Expires June 9, 1983 . a. • "ptN 1-442-...�{w r..F 1T ,.414!ic.i�c..:n ,, "l ^.T= ‘.,..�n..;<- > t,�v y''.�-•r;' r`�' ra.:Yy �*�/"S`.r. F e_-; _ - . _ r^ ?4vt�aC''r�,alh` r+Kdy-.. ,� c..'i - _..w♦."' `'-- ...-.••.,E1-.;-•".. _ 'VII IV 11 November 1, 1983 , NOV 41983 t Ll Commissioner, Jackie Johnson " "" Board of County Commissioners P. 0. Box 758 Greeley, Colorado 80632 RE : Road 54, E-Vap Park Dear Commissioner : I am the applicant for the oil field brine evaporation site proposed north of Milliken. E-Vap , Limited took over this application from Blehm Land and Cattle Company in July of this year . The final phase of this application will come before your Board on November 16, 1983 . Due to the extended time required by the Colorado Department of Health (9 months) , for it' s approval, I must alert you of an impending hazard. I am sure your are keenly aware of the terrible problem of illegal brine dumping (50-60 truck loads per day) as it now exists in our area. The real hazard is that it will continue relatively unchecked for another year if immediate action is not taken. I am told that the Board may consider a continuance of this application on November 16. Since construction of the clay liner of each pond requires unfrozen ground and we are near the season of the year when ground frost is anticipated soon, I would like to offer the following : My engineers and I would like to show you the proposed site in advance of the November 16 hearing . If you feel a site tour will be helpful in reaching your final decision, please contact my office (669-2200) and we will meet your personal schedule . Thank you for your considerate ' Six erely, n G. artense , Developer Road 54, E-Vap Pa k AGM/jb 1),.Z. 7“fir 11/ 7'r 3 T wCd Cc i 2> •f/, u,. ,`-'":( I Ce\',,--; Vkleicl Cam, 1 ro,h,,., is zi..,te,-. , WE, THE UNDERSIGNED, OPPOSE THE PRODUCTION WATER DISPOSAL SITE PROPOSED BY THE ELFIN IAND AND CATTLE COMPANY AT THE SITE NORTH AND EAST OF miLLIKEN. Local Descrirtion, Pt NE-4: Sec. 26 T5-N P67,'W Known as case No. ,vr,.c,r/c -pm,-, ir USR 540: E3: 3 �+ I c-1-it _r)'ri_i2cZc2 "1:7G,f-,:: ii'ni-Zi j 4,,'/ ter ,1. t'./Z , 2-.2//- � y I C- S \ i'r �� y >� 7 I; ii `II( L,/tom,,, ( ,) a - 3U ' r3 i i� 2 1fke.v Scti� r��'S2 % '-. l�tih, C , _2 1y.C-� / .-> '7')') - i- • ' d- ..7-a S1-r3 / ,�:/, ] a 4tint' C✓uk .,2,-,/,_____:,4:_, JY`ic7 tJC-P Si r �T - � Via. 5 (JZc ��(t 1 al;2s") - t� 7{ _y_, / 0 744 I''A'�'r u( , 24f' 3 /'� rl- �)r^icrt L.; I� L(a� rti L� 6 ;,:� L7./:�/1 f�TL!_,24/,./✓-(j / iri . /K-4 77ce' �n, �-,,,,/7/,N , '.c. )-.��", % it%7ue� 7 y > 1 I!/ 0022-f 7 _siv,,,,i, /`� 2 3'C9 ' i? 1. ;/ i jq,LG..G�.:n, ; t c° �2 -7 v - ,7 w-, 8 e <: << 2/7-7/2;4, 2- tej t. : 9 r " Fy + !J C- r it'1 — z'YIdLLI :2 - 2v -? 3 - .2 ;, /' = � ii — �S1'' 7? L// ✓:A Z ///d-lit.) ,Af” 2 2 / - Y • II r ' A 5 7,0,7 t1 ` 1 2 2/l L Z L/.c,y— '.� 1 (�L1 v �C C Lee— `� y / c �3 k /7140, I.s C c� 7 giv s-I�) I > 1 /22Zci �, - 1 i L -e 14 )2S--(-'u•,w, 257 �_ .�7(i-e-i i (°c. iind /71/ 1,) Gu__. 2� -s-? '_ I y_zLam✓ J7( - ��Gic ,_ _,w s '7 '/ - ---I- /( t . /rJ. 1///� �Jfi-LL,/z _ ..:7-2u_r3 --/ 15 / �.� �;"� �c L=e-_�.c; )` -[L it __—_/5)-clew U-_16 u ) ,f � �� _��... -.� G� �_c / L, C ll: I7 S �? te; '-�1Jr t • 71.-/--' " 1-- 5 , C ��, cL7. c4 . ��1 : 18 �'� ' � r \ j 711.1-411/11: t�LL; 1 )11 19 7/5 /0 L O , C. .:6/ 5 /27 ( //Twit -tiara 20 .9 cu - c 1,l-"' I b f(F.,l (s-:, / ,.41/r- ,.- .2 .,vds.. ..-.2c-.A _,1 S' ,7/. , //i,� 22 , s 23 - � . '/zy/r3 •o7s 7 lu .e C4C /7.- .9,11,:t,„4-117:.�� /lID, L 24 �3i �C-ahu. Celt- •0t 74, G Iv .0. tat /7 /1--1.4.64-&4117-../ L /COO '-`1_,:t.- rk\-1 ' A `k\--`L- sc - 7)(ti--) ‘‘.=-4 • v*-fa-C7 .d\I :*<\<`-\-(' `" •- q \, /0 79 &.C. 52 �-J fi Ye S/ 3 27 .✓�'-' 2, .5,17- . � 7 . • 28 0-9-t-z v (J -2.; 2 / G r a 9 - 2 A// SD- - �"�'u�C�c /rte- ./T��, -�2 -e /,c:cir30 L+�z�`� -c7 /c 52- /'71 `� ,P jvi-tc-C!�.�,� Cc 0 , - a,/-33 /„�-�c II L �' S"� C CK %� y77�c(si7, �C 2 - 24 - e2 /ix,4, 31 `�/ \ 32 --. w k-Ly��-(s Rds5/ fr,..//,.f-- e� Ir:,, . Liz.Li(?s ) M' l.` 33 --/Q-?L.K(', ,,- 2120$ Eck �j� Ric/Cc G /� � , %?/, /5'3 / -7 'c2 ate( 34 ti. cc). J „ L /� o r 1 c Q 11 _.I ,�1 ,�o 2 ti `3 f1 ✓fit .•r- L. I3. 5 Int ---a /i/ :),/ 2. :-I a3 I/A. Kik 7 ,,?, �� CLi (lfL(C2�7000LefCe,� �sc r 1 J 31 � f- , Gc / y✓ / / c� ✓!c r,.455 c,_," oci ��u�.,�. c is s,onpy- ; We, The Undersigned, Oppose The Production Tater Disposal C Site Proposed By The Blehm Land And Cattle Company At The Site North And East Of Milliken. Legal Description, Pt NEt Sec. 26 T5N R6?W, Known As Case No. USR 540: 83:3 . 38 / .-1,,,, L' V Zti 61,77 s,2 yI1 ILL-a__ 2 - s"= 39 , � ' • " �<,Y '-I ht. c i ?et L Z )1 t .die4L ., r<7 p s J S3 40 /\, b t- I 514 c i Jr ,j `I S-7 I,Jc._ 12 i iv ; 17, /O., .1-237c- / 4I bLt '' j ` 2 it_5 /i/ the.-4/ 5-7 1 67 f‘,-1-1/ 7^ /' -.ZC-- 4.14,l el v 2-O-wer• 42 /�f �� ./ L (�'�}/ y J U''L-LL Ai lG.� r��nJ �yJ/7 T'��iJ.� ��'!/ �i� �ZC �� •�/ j �?✓ G_ � iSy3 14.3c4:a 44 q 45 % •7, �? .1> 775 /11-'/elk/ //c J /1, 46 Co �2-7 1,A j 773 L� l'yG h el;.-. iru-� 47 98 / 2ScoC, Rd Yc i meet,tymeet, Cc 3 S(4T1, 48 49 50 -s_ kA Lri Hello