HomeMy WebLinkAbout830168.tiff RESOLUTION
RE: APPROVAL OF CERTIFICATE OF DESIGNATION FOR AN OIL AND GAS
WELL PRODUCTION WATER DISPOSAL SITE - E-VAP, LIMITED, C/O
ARVIN G. MARTENSEN
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado , and
WHEREAS , on November 16 , 1983 , a public hearing was held in
the Chambers of the Board of County Commissioners of Weld County,
Colorado for the purpose of considering whether to grant a Certi-
ficate of Designation for an oil and gas well production water
disposal site to E-VAP, Limited, c/o Arvin G. Martensen, said
site to be located on the following described property:
Part of the NE4, Section 26 and part of
the NW;, Section 25 , all in Township 5
North, Range 67 West of the 6th P.M. ,
Weld County, Colorado
WHEREAS, this request for Certificate of Designation was
submitted in conjunction with an application for a Use by Special
Review, and
WHEREAS, the Board did, on November 16 , 1983 , deny the re-
quest for a Certificate of Designation by a vote of 3-2 , and
WHEREAS , the Board did reconsider the request for the Use
by Special Review on December 12 , 1983 , after receiving additional
information making it appropriate for said reconsideration, and
WHEREAS , on December 12 , 1983 , the Use by Special Review
application was approved, and
WHEREAS, Section 30-20-104 , CRS 1973 , as amended, requires
the Board of County Commissioners to take into account certain
factors to approve a Certificate of Designation and having taken
into account said factors on December 12 , 1983 , finds as follows:
1 . The attached Operation Standards , as amended, 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
830158
/J P�9
Page 2
RE: CERTIFICATE OF DESIGNATION - RD. 54 E-VAP PARK, MARTENSEN
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 , CRS 1973 .
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.
5 . The Operation Standards, as amended, attached hereto, be
adopted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Certificate of Desig-
nation for an oil and gas well production water disposal site
for E-VAP, Limited, C/o Arvin G. Martensen, 2121 llorth Lincoln Ave. ,
on the hereinabove described real property be, and hereby is ,
granted.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 12th day of
December, A.D. , 1983 .
Q . / BOARD OF COUNTY COMMISSIONERS
ATTEST• , WELD COUNTY, COLORADO
7,, /(/ /
Weld County Clerk and Recorder `t ( %
and Clerk to the Board C ck Carlson, Chairman
By: \ Lr)I-- a .1a,) L it n, -1i T. �N
ieputy County Clerk JoT. Martin, ro-Tem
APPROVED AS TO FORM: //(/4/i(Q I[
Gene R. Brantner
County Attorney NormanCarlson
4 .eXws \fri\ WO
qu ine o nson
DAY FILE: December 19 , 1983
AMENDED
OPERATION STANDARDS
Road 54 E-Vap 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 nonhazardous 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. Entrance 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 top
shall enclose the Use by Special Review area.
7. Evaporative Ponds:
A. The four (4) evaporative ponds shall he 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 representative 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 the evaporation
ponds. 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. I-n-- -kre--eaet --e€--sue odoe-- eMem--erra tfttg- ftem-t+t-ponds,--air
aLatc,,,Lt,t y.Lgsam shaFEbr-rust-Forte&.
(See amendment to Standard 7-J on Page 3)
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 be retained for continuous
inspection of the tanks. 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 tanks comply with the specifications as listed in the
submitted application materials and on the Use by Special Review
Permit Plan Map.
C. Shelters shall cover all dump tanks. In the event water fowl gain .
access to the dump tanks one (1) inch square wire mesh shall cover
the tanks.
9. All operating records shall be made available to the State Health and
County Health Departments 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 to 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 plans and/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 he 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.
The Operation Standards are to be amended to include Operation Standard No. 17
and Operation Standard No. 18 as follows:
17. Prior to starting the operation, the applicant shall plant and maintain the
following landscaping and shelter belt:
The northern boundary of the U.S.R. area shall contain two rows
of Evergreen and/or Russian Olive trees;
The east and west boundaries shall contain one row of Evergreen
and/or Russian Olive trees;
All trees shall be spaced at 10 feet apart and a minimum of
10 feet from the chain link fence.
18. In the event the U.S.R. area is still in operation at the end of a fifteen
(15) year period from the date of final approval by the Board of County
Commissioners the applicant shall submit a new U.S.R. and Certificate of
Designation application. The U.S.R. and Certificate of Designation appli-
cation shall be presented to the Weld County Planning Commission and the
Weld County Board of Commissioners. The U.S.R. and Certificate of Desig-
nation would require approval by the Board of County Commissioners in
order to continue the operation for a period longer than fifteen (15)
years from the date of approval by the Board of County Commissioners.
•
* Operation Standard No. 7-3 is amended to read as follows:
"An aeration system shall be installed and operated on the four
evaporative ponds. In the event of an odor problem emanating
from the ponds, an odor abatement program shall be instituted."
HEARING CERTIFICATION DOCKET # 83-72
RE: USE BY SPECIAL REVIEW AND CERTIFICAtE OF DESIGNATION, OIL AND GAS WELL
PRODUCTION WATER DISPOSAL SITE, ARVIN G. MARTENSEN
A public hearing was conducted en November 16 , 1983 at 2:00 P. M. , with
the following present:
Chuck Carlson Chairman
John Martin Pro Tom
Gene Brantner Commissioner
Norman Carlson Commissioner
Jacqueline Johnson Cornassioner
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, R. Russell Anson
Planning Department Representative, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated November 2, 1983, and duly
published in the La Salle Leader on November 3, 1983, a public hearing was
held for the purpose of considering the request of Arvin G. Martensen (Road 54
E-Vap Park) for a Use by Special Review and a Certificate of Designation for
an oil and gas well production water disposal site. The Assistant County
Attorney, Russ Anson, read this request into the record. Rod Allison, Planning
Department representative, read two notions from the Planning Commission into
the record. The first notion was for a favorable recommendation. This motion
failed by a vote of 4-2. The second motion, to deny this request, passed by
a 4-2 vote. Kenneth Lind, Attorney at Law, came forward to make a presentation
for the applicant. Mr. Ross Wabeke, Attorney at Law, came forward and made
comments concerning bankruptcy laws. Charles Karowsky, Attorney representing
Mr. & Mrs. Vetter, who are opposed to this proposal, questioned certain comments
by Mr. Wabeke. (Tape Change 83-138) Mr. Lind continued with his presentation.
Mr. Martensen also came forward to explain his request and answer questions
of the Board. Mr. Martensen told the Board that they would have a full-time
resident manager so that full-time control would be available on the site.
• Mr. Martensen also said that this facility would be constructed in such a
way that if expansion should become necessary, this could be done relatively
easily. He said that they would receive all of the trucks which came to the
site for dumping. Tom Norton, Engineering Firm of Norton, Underwood and Lamb,
explained the development of the information and the operation of the facility.
Wes Potter, Health Deparlme.nt representative, came forwardrto answer questions
concerning this proposal. After convents by Mr. Potter, Mr. Martensen and
Mr. Norton, Mr. Lind submitted pictures to the Board. Thse pictures were
presented to show that this site would not be visible by the surrounding
landowners or those living in Milliken. Mr. Lind then summarized his pre-
sentation. Charles Karowsky came forward to make a presentation opposing
this proposal. Mr. Karowsky said he was representing Mr. & Mrs. Gus Vetter.
Mr. Karowsky said this type of facility is necessary, but this particular
area is the wrong place for it. Others coming forward to' voice opposition
to this proposal were: Joe Sauter; Charles Martin; Barbara Dempsey; Clara
Vetter; and Jack Vetter. (Tape Change during Barbara Dempsey's presentation -
83-139) Jay Underwood and Bob Dragich came forward in support of the proposal.
After comments by the Board, Commissioner Brantner roved to deny this request
for a USR and stated his reasons for this motion. Commissioner N. Carlson
seconded the motion. After further convents by the Board, the Chairman
called for a roll call vote. The motion carried by the following vote:
Commissioner Erantner - Aye; Commissioner N. Carlson - Aye; Commissioner
Johnson - Nay; Commissioner Martin - Aye; and Chairman C. Carlson - Nay.
TAPE #83-137; #83-138 and #83-139
DOCKET #83-72
LHR 9 DAY FTTF: November 21, 1983
Page 2
RE: HEARING CERTIFICATION - USR & COD - MARTENSEN
Commissioner Brantner then,moved to deny the Certificate of Designation.
Commissioner N. Carlson seconded the motion and it carried by the following
vote; Commissioners Brantner, N. Carlson, and Martin voted aye and Com-
missioner Johnson and the Chairman C. Carlson, voted nay.
APPROVED:
1 /J Lo-1 BOARD OF COUNTY COMMISSIONERS
ArrEST: r 111 ds avv,t -�u t � WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DATE OF SIGNING
and Clerk to the Board Chuck Carlson, Chairman
BY: .? 'i7 d2i' � EXCUSED DATE OF SIGNING
Geputy Couctt j Clerk John T. Martin, Pro-Tem
Sir)
Gene R. Brantner
C
Norman Carlson
Ja • e '1 e Johns
DAY FILE: November 21, 1983
/
AR195057S /
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WELD COUNTY , COLORADO
CERTIFICATE OF DESIGNATION
OIL AND GAS WELL PRODUCTION WATER DISPOSAL SITE
.-lO In accordance with the provisions of 30-20-101 through 30-20-115 ,
OO
O
CRS 1973 , the Board of County Commissioners of Weld County,
0
O Colorado hereby designates the following site for an oil and gas
a
oCO
well production water disposal site:
o a
w W
a Location of Site:
0
44 a Part of the NEa, Section 26 and part of the
Go
N NWa , Section 25 , all in Township 5 North,
m Range 67 West of the 6th P.M. , Weld County,
o x Colorado
a
w
ma
CO U Name and Address of Responsible Operator:
oz
N H Arvin G. Martensen, E-VAP, Limited
W
Nh 2121 North Lincoln Avenue
N
rI co a Loveland, Colorado 80537
"' al
r- al This Certificate of Designation may be temporarily suspended or
Ln W O
LO z revoked, after reasonable notice and public hearing, for cause
O1 z
O as outlined in Section 30-20-112 , CRS 1973 .
u
W FC
rI o Issued this 12th day of December, 1983 , at Weld County, Colorado.
o ce
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Signed: /
uck Carlson, Chairman
Board of County Commissioners
December 20, 1983
•
iCopies of these
by Arvin documents
G. Martensen were picked u
Avenue, Loveland, CO 2121 North p
E-VAP, Limited. 80537 Lincoln
, concerning
/
I
Resolution - USR
Resolution - , E-VAP, LIMITED
Certificate of Desi
Certificate of VAP' LIMITED
gnation
Designation, E-VAP,
LIMITED
-m , FILE' DEC //, //1j
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