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Home My WebLink About900420 RESOLUTION RE: DISMISS HEARING TO CONSIDER SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN INJECTION WELL FOR DISPOSAL OF CLASS II LIQUID WASTE AS DEFINED IN THE CODE OF FEDERAL REGULATIONS (40 C.F.R. 144 . 6) - WRIGHT' S DISPOSAL, INC. 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 May, 1990 , at the hour of 10 :00 a.m. in the Chambers of the Board for the purpose of hearing the application of Wright' s Disposal, Inc. , 927 Quitman, Westminster, Colorado 80030 , for a Site Specific Development Plan and Special Review Permit for an injection well for disposal of Class II liquid waste as defined in the Code of Federal Regulations (40 C.F.R. 144 .6) on the following described real estate, to-wit: Part of the SE} SEi of the NW* and the SWI SWI of the NEb of Section 10 , Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Kurt Weiss, Attorney, and WHEREAS, Section 24 . 4. 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, after hearing the testimony presented by Mr. Weiss, the Board of County Commissioners determined that they do not have jurisdiction over this matter and deemed it advisable to dismiss said hearing, while retaining the right to hear any application for a Class I injection well. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Wright' s Disposal, Inc. , for a Site Specific Development Plan and Special Review Permit for an injection well for disposal of Class II liquid waste as defined in the Code of Federal Regulations (40 C.F.R. 144 .6) on the hereinabove described parcel of land be, and hereby is, dismissed, while retaining the Board' s right to hear any application for a Class I injection well. ��1G ,S L a 900420 Page 2 RE: DISMISS HEARING - WRIGHT' S DISPOSAL, INC. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 16th day of May, A.D. , 1990. BOAR OF COUNTY COMMISSIONERS ATTEST: / .1.,,,, i u, * ,WEL UNTY OLO 0 :4: Weld County clerk and Recorder Alf e and Clerk to the Board Gene R. Brantne , Chairman BY: )c7,44--/A-c_ (YJ� . cet George Kennedy, eputy County Clerk /4 APPROVED AS TO FORM: ?onstance L. Isar ert am' 7 -2.-c- ----- .O--"re- C. Kir ,,;,.I , County Attorney Gor . L 900420 HEARING CERTIFICATION DOCKET NO. 90-12 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN INJECTION WELL FOR DISPOSAL OF CLASS II LIQUID WASTE AS DEFINED IN THE CODE OF FEDERAL REGULATIONS (40 C.F.R. 144.6) - WRIGHTS'S DISPOSAL, INC. A public hearing was conducted on May 16, 1990, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett Health Department representative, Wes Potter Certified Shorthand Reporter, Jolene Gaffey The following business was transacted: I hereby certify that pursuant to a notice dated March 28, 1990, and duly published April 5, 1990, in The New News, a public hearing was conducted to consider the request of Wright's Disposal, Inc. , for a Site Specific Development Plan and Special Review Permit for an injection well for disposal of Class II liquid waste as defined in the Code of Federal Regulations (40 C.F.R. 144.6) Lee Morrison, Assistant County Attorney, made this matter of record and noted that this hearing had been continued from April 18, 1990. Keith Schuett, Planning Department representative, read the favorable recommendation of the Planning Commission into the record. Kurt Weiss, Attorney, came forward to represent the applicant and submitted a position paper. Mr. Weiss spoke about some of the Conditions contained in the Planning Commission's recommendation. He said the Colorado Oil and Gas Commission regulates this injection well, and monthly reports are made to them. He said a Class I well would be licensed through the Environmental Protection Agency. Commissioner Lacy asked for an opinion from Mr. Morrison concerning Weld County's right to license this operation. Mr. Morrison said this well was originally used to dispose of Class I liquid waste, and the County would definitely have a role in regulating that, but a recent court case, which is currently on appeal, indicates that a local authority may not be able to regulate a well for disposal of Class II liquid waste. Commissioner Lacy requested an executive session with the Assistant County Attorney to determine whether or not the County has jurisdiction in this matter. Upon reconvening, Mr. Morrison explained that during the executive session the earlier discussion about jurisdiction was continued. He advised the Board that, if they feel they do not have jurisdiction over this matter, a motion to dismiss the hearing would be in order. Commissioner Lacy moved to dismiss this matter, based upon the information from Mr. Morrison, retaining the right to hear any application for a Class I injection well, which would be for commercial or industrial waste. Commissioner Kirby seconded the motion. On a roll call vote the motion carried unanimously. 900420 do /4v. Page 2 HEARING CERTIFICATION - WRIGHT'S DISPOSAL This Certification was approved on the 21st day of May, 1990. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: �.r� WELD Y, COLORADO Weld County C erk and Recorder if 46)174± and Clerk to the Board ene R. Brantner, Chairman I Efc.--t eputy County Cler George Kennedy, Pro-Tem eo Constance L. Harbert C.W. Kir Go . La TAPE #90-21 & #90-22 DOCKET #90-12 PL0688 900420 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAY 16, 1990 DOCKET # 90-12 USR-INJECTION WELL FOR DISPOSAL OF CLASS II LIQUID WASTE - WRIGHT'S DISPOSAL, DOCKET # 90-16 APPEAL OF WELD COUNTY BOARD OF HEALTH DECISION - CITY OF GLENDALE DOCKET # NAME ADDRESS HEAPING ATTENDING U6CC _7) R /9/egiike z--- /5A27 CoaA,,)sT .Pf6'i'Ee 8c' 2 >7/ /? �l. /, 97c GlurA.v 4,45 .r/ .s •e A'o03o ,ao / / ) / o i l il':: /]•Ac" ci 3/S32Q fie CJtict.Q A . ./ k ! c4- Y. eC) 3c.),j c. Gil 303 E. l?u 1'/IOC) 4>nver Cc> Fr)-(20 j/i[.k kraid-ter) 9o7 /r(1;/1;b—.S S % Peen vet- t C , go r 17 / kII/la/Lulu, W x637 eci,e. 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DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11 . Memo dated 10-30-89 from Wes Potter, Weld X County Environmental Health 12. Letter dated 2-9-90 from Colorado Geological X Survey 13. Memo dated 12-4-89 from Wes Potter, Weld X County Environmental Health 14. Memo dated 10-17-89 from Drew Scheltinga, X Weld County Environmental Health 15. Letter dated 11-1-89 from the Colorado Department X of Health 16. Letter dated 11-2-89 from Larry Abston, X Panhandle Eastern Pipe Line Company 17. Letter dated 11-9-89 from Clyde Abbett, Platte X Valley Soil Conservation District 18. Letter dated 11-8-89 from David Yamada, City of X Fort Lupton 19. Letter dated 10-25-89 from Arthur Alloway, X Chairman, Dacono Planning Commission 20. Referral response dated 11-1-89 from Lee X Morrison, Assistant County Attorney 21 . Memo dated 10-14-89 from Ed Herring, Weld County X Officer of Emergency Management 22. Letter dated 12-14-89 from Mr. and Mrs. Donald X Burge 23. Letter dated 12-2-89 from R. L. Mace X 24. Letter dated 12-5-89 from Roger and Roxanne Mace X 25. Position Paper from Kurt Weiss X 900420 Inventory of Items Submitted for Consideration Wright's Disposal USR-893 Page 2 I hereby certify that the 25 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on March 23, 1990. Xa.):14C/ f STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRI$LCAND SWORN TO BEFORE ME THIS 2.-3 day of �c\r, 19 cp . \IOTA R y':`a SEAL . ' r O S NOTARY PUBLIC ue. My Commission Expires My Commission Expires Feb. 13, 1993 900420 EXHIBIT INVENTORY CONTROL SHEET Case LAW- Witilt Exhibit Submitted By Exhibit Description A. )qam.a.t.nn. Jta,), v Lahiljthi B. 1-- a n._ l_ Iruil .[-dhJ RQMktu iOn1 C. T�lL4t-A.ch/� l.- r1'YL�'7'U/J� u7tJ \A(ilil'7L.lnQht eXLll� / D. C1/28a2t.. LPCIh nip � � E. &k l- 7, t �rz F. 7A,t I c1411-ti&U eirt44/1 627-- -/-4eadele‘4,9 /6)._%7_79:%, ///Vi24 463 �/J �,C - cede., 1. el opAy J. �..,t �?Yl'✓I773e¢.�<n Y-GCtt 1(6 K• ihal h/, V L. M. N. O. 900420 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons 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: USR-893 NAME: Wright's Disposal, Inc. ADDRESS: 927 Quitman, Westminster, CO 80030 REQUEST: A Site Specific Development Plan and a Special Review permit for an injection well for disposal of Class II liquid waste as defined in the Code of Federal Regulations (40 C.F.R. 144.6) . LEGAL DESCRIPTION: Part of the SE} SE} of the NW} and the SW} Std} of the NE} of Section 10, TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles southeast of the Town of Dacono, approximately 2.5 miles southwest of the City of Fort Lupton, east of Weld County Road 19, and south of State Highway 52. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: I. The submitted materials are in compliance with the 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 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive pl 's En Iron._n_r.t_l Q*_.^.laty ..nd Natural Resource Ccals and Policies, 'Urban Growth Boundary Area Goals and Policies, and the Agricultural Goals and Policies. The Weld County Comprehensive Plan's Urban Growth Boundary Area Goals encourage the maintenance of Urban Growth Boundary areas that provides an official definition between future urban and agricultural land uses. The proposed use is not considered to be an urban type of development. The Agricultural Goals and Policies of the Weld County Comprehensive Plan encourage the location of agricultural businesses and industries in areas that minimize the removal of prime agricultural land from production. The location of the Special Review Plan site and the attached conditions and development standards will ensure consistency with the goals and policies of the Weld County Comprehensive Plan. 90O420 Wright's Disposal, Inc. USR-893 Page 2 - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. This proposal will not remove prime agricultural land from production. - The use will he compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zoning. The surrounding land uses include farm production, oil and gas production, and rural residences. - No overlay districts affect the site. - Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 30 days of approval by the Board of County Commissioners. 2. No building or electrical permits shall be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 60 days of approval by the Board of County Commissioners, a copy of microseismic monitoring program as identified in the Colorado Geological Survey's letter dated February 9, 1990, designed by a geophysical firm experienced in earthquake seismology and approved by the Colorado Geological Survey shall be submitted to the Department of Planning Services. 4. Within 90 days of approval by the Board of County Commissioners, the approved microseismic monitoring system shall be installed and operating properly. 900420 Wright's Disposal, Inc. USR-893 Page 3 6. Within 30 days of approval by the Board of County Commissioners: - Evidence shall be submitted to the Department of Planning Services that the required fees from the Colorado Geological Survey have been paid in full; - a subdivision exemption application shall be submitted and approved for the area identified for the Special Review permit in accordance with Section 9-3 of the Weld County Subdivision Regulations; - a road improvements agreement for the haul route along Weld County Road 19 north to State Highway 52 shall be submitted to Weld County Engineering Department for review and approval by the Board of County Commissioners; - a copy of a dust abatement program for the haul route from Weld County Road 19 to the special review permit site approved by the Weld County Health Department shall be submitted to the Department of Planning Services; and - a copy of a soil erosion control plan approved by Platte Valley Soil Conservation District shall be submitted to the Department of Planning Services. Motion seconded by Ann Garrison. VOTE: For Passage Against Passage Jerry Burnett Judy Yamaguchi LeAnn Reid Bud Halldorson Bud Halldorson Bud Clemons Ernie Ross 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. 900420 Wright's Disposal, Inc. USR-893 Page 4 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 March 20, 1990, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 21st of March, 1990. .o Q\c C' Bobbie Good Secretary 900420 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WRIGHT'S DISPOSAL, INC. USR-893 1. The Site Specific Development Plan and Special Review permit is for an injection well for disposal of Class II liquid waste as defined in the Code of Federal Regulations (40 C.F.R. 144.6) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The facility shall be operated and maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 4. The Type II classification liquids shall be restricted to brinewater waste or oil field waste approved by the State Oil and Gas Commission. 5. No disposal of hazardous wastes of any type shall be permitted at aix time. The facility shall receive only those liquid wastes which have been reviewed and approved by the Weld County Health Department. 6. Every load of liquid waste shall be scrutinized by the facility manager to assure that an approved material is being received for disposal. Random samples shall be taken to test at least 10% of the total waste stream by volume. The samples shall be analyzed at a laboratory approved by the Weld County Health Department. The results of these sample tests shall be available for review upon request by the Weld County Health Department. 7. The facility shall have and keep records to document every load received at the facility. Records shall include owner, operator, and driver of the trucks delivering loads, source of the load including owner/operator, name of company, location of source, amount, date loaded, and type of liquid waste shall also be kept in the records. 8. The manager of the facility shall be knowledgeable with the approved special review permit conditions and development standards and be on site at all times that the facility is open for business to receive wastes. 9. The property shall be maintained in compliance with SARA Title III. 10. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquid and solid wastes, not disposed by injection disposal down the disposal well, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 900420 USR-893 Development Standards Page 2 11. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 12. A spillage retention berm shall be required around the tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. 13. The septic system for the office shall be designed according to the Weld County Individual Sewage Disposal Regulations by a Colorado Registered Professional Engineer. 14. Fugitive dust shall be confined on this site. 15. The maximum permissible noise level shall not exceed the industrial limit of 8OdB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 16. The haul route shall be Weld County Road 19 north to State Highway 52. No hauling shall be allowed south of the entrance road on Weld County Road 19. 17. The approved microseismic monitoring system shall be maintained and in operation at all times. 18. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 21. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 22. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated 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 or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9C0420 USR-893 Development Standards Page 3 23. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. __ _ _ 960420 ADDITIONAL COMMENTS WRIGHT'S DISPOSAL, INC. USR-893 The Town of Fort Lupton and the Town of Dacono reviewed this request. Their letters are attached. The application has been reviewed by Weld County Health Department, Colorado Geological Survey, and the Colorado Oil and Gas Conservation Commission. 900420 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING March 20, 1990 A regular meeting of the Weld County Planning Commission was held on March 20, 1990, in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Ernie Ross, at 1:34 p.m. Tape 369 - Side 2 Bud Halldorson Present Ann Garrison Present Jerry Burnett Present LeAnn Reid Present Rick Iverson Absent Judy Yamaguchi Present Bud Clemons Present Jerry Kiefer Absent Ernie Ross Present A quorum was present. Also present: Keith Schuett, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on March 6, 1990, was approved as distributed. CASE NUMBER: USR-843 APPLICANT: Wright's Disposal, Inc. REQUEST: A Site Specific Development Plan and Special Review permit for an injection well for disposal of Class I and Class II liquid wastes as defined in the Code of Federal Regulations (40 C.P.R. 144.6) . LEGAL DESCRIPTION: Part of the SW} SW} NE} of Section 10, TIN, R67W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2.5 miles southeast of the Town of Dacono, approximately 2.5 miles southwest of the City of Fort Lupton, east of Weld County Road 19 and south of State Highway 52 APPEARANCE: Kurt Weiss, Attorney, represented the applicant. He distributed a "position paper". This was retained as exhibit #25. This operation is an existing facility in the Agricultural zone district. Class I liquid wastes require the approval of the Environmental Protection Agency, and approval has not yet been granted. Class II liquid wastes require the approval of the Colorado Oil and Gas Commission, and has been granted. This site had been used by AMOCO as an injection well site from 1981 through part of 1987. They began operation of the site in 1988. The applicants will operate this 910420 Cx hi f C Summary of the Weld County Planning Commission March 20, 1990 Page 2 facility in a safe and efficient manner and comply with all county, state, and federal regulations. This facility should be looked at as protecting the environment. The applicant was told, by the Planning Department, this was a nonconforming use. The applicant felt he was conforming with all regulations, and they dug a new 9,200 foot deep injection well. They began injecting salt water in July. Only by-products from oil and gas have been injected into this site. Tape 370 - Side 1 Only a Class I injection well can received industrial wastes. However, they will not inject any industrial wastes until they have gained approval from the EPA. The have reviewed the staff's recommendation and cannot see how it is possible to conduct seismic testing since this site has been in operation for nearly ten years. They do not expect this facility to grow any larger than it already is. Wes Potter, Director, Environmental Health Protection Services, stated they do not feel there is a potential for groundwater contamination. Keith Schuett reported the staff's opinion is that there was a change of use which requires a Special Review permit, and also a question of possible abandonment by AMOCO before Mr. Wright leased the premises. Robert Fullop, Engineer, Wright's Disposal, Inc. , stated the correct legal description for the well is the SE} SE} of the NW}, and the legal description for the facilities site is the SW} SW} of the NE} of Section 10, T1N, R67W. The Planning Commission asked that the legal description be corrected. Tape 370 - Side 2 2:37 p.m. - Bud Halldorson is Chairman pro-tem. 2:39 p.m. - Ernie Ross is again seated as Chairman. Chuck Tinsley, Environmental Protection Agency, Denver, explained the permit and hearing processes for Class I injection wells. He briefly outlined the types of waste that would we allowed and EPA's duties to ensure compliance with its recommendations. Richard Fullop explained the operator of the well is required to provide continuous recording of pressures, etc., whenever they are requested by the proper officials. There is a $5,000.00 bond required by the Oil and Gas Commission, and the EPA requires the actual cost of plugging the facility be held until the facility has been sealed according to their requirements. 900420 Summary of the Weld County Planning Commission March 20, 1990 Page 3 The Chairman asked Keith Schuett to read the recommendation of the Department of Planning Services' staff into the record. The Chairman called for discussion from the audience. Dianna Spurling, Tri-Area Planning Commission, reported she lives in the area and trucks have been going by twenty-four hours a day. There is a lot of dust and noise. Also, since this site sits on a hill, she suggested the domestic wells lower than the site be monitored for groundwater contamination. Ron Haake, surrounding property owner, stated he is opposed to this request because of increased traffic, dust, and possible groundwater contamination. Also, what happens to the water from the injection site that runs underneath his farm? Tape 371 - Side 2 Pete Alloway, Chairman, Dacono Planning Commission, reported they hand delivered their recommendation for rejection of this use to the Weld County Planning Department. He reviewed a pamphlet he had obtained from the EPA on injection wells. He was concerned injection wells may prompt earthquakes in the area. Bernard Schmanski, Mayor, Fort Lupton, stated he was representing the citizens of Fort Lupton. He felt the Commissioners need to look at Southern Weld County as an asset and not a dumping ground. There is a danger of groundwater contamination, and no allowances have been made in the staff's recommendation to deal with an emergency at the facility. He is objecting to disposal of both Class I and II liquid wastes. He also was concerned that injection wells may prompt earthquake activity. Greg Marrs, area resident, stated he is against this request because strengths of wastes which may be injected under Class I liquids may differ greatly. He is concerned about his well water because contamination would affect his family and his dairy herd. Nancy Fichter, area resident, reported trucks are sometimes dumping onto the roadways at night, and there has been a tremendous increase in traffic to this site lately. The Chairman called a break at 3:23 p.m. The meeting was reconvened at 3:29 p.m. Kurt Weiss stated projected usage for this site is ten years. Richard Fullop reported the Coors well injection site and this one are the ;' only two dug deep enough to reach the Alliance Formation. He stated the average truckloads per day have been ten. 900420 Summary of the Weld County Planning Commission March 20, 1990 Page 4 • Charles Wright stated he operates A & W Water Services and he has no interest in this well other a disposal site for brine water. They do not dump on the road. However, there are only three such disposal sites for oil well wastes in Weld County at this time, and to his knowledge this is the only site now in operation. MOTION: Bud Clemons moved Case Number USR-843 for Wright's Disposal, Inc. , for a Site Specific Development Plan and a Special Review permit for an injection well for disposal of Class I and Class II liquid wastes as defined in the Code of the Federal Regulations (40 C.F.R. 144.6) be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for a Class II liquid waste site with the requirements for seismic testing remaining intact. When the Environmental Protection Agency has actually granted the Class I permit, the applicant may reapply for an amendment to the Special Use permit to allow for disposal of Class I liquid wastes. This motion is based upon the recommendations of the Department of Planning Services staff with all items pertaining the the Class I permit deleted, and the testimony heard by the Planning Commission. Lee Morrison stated the Planning Commission needs to act on the request according to the request of the applicant. They cannot downgrade the request unless the applicant requests they do so. Kurt Weiss stated he had conferred with his client and he wishes to alter his application to disposal of Class II liquid wastes only. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Judy Yamaguchi - no; Jerry Burnett - yes; Ann Garrison - yes; LeAnn Reid - yes; Bud Halldorson - no; Bud Clemons - yes; Ernie Ross - yes. Motion carried with five voting for the motion and two voting against the motion. The meeting was adjourned at 4:09 p.m. Respectfully submitted, Bobbie Good Secretary 900420 Date: March 20, 1990 CASE NUMBER: USR-893 NAME: Wright's Disposal, Inc. ADDRESS: 927 Quitman, Westminster, CO 80030 REQUEST: A Site Specific Development Plan and a Special Review permit for an injection well for disposal of Class I and Class II liquid waste as defined in the Code of Federal Regulations (40 C.F.R. 144.6) . LEGAL DESCRIPTION: Part of the SW} SW} of Section 10, TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles southeast of the Town of Dacono, approximately 2.5 miles southwest of the City of Fort Lupton, east of Weld County Road 19, and south of State Highway 52. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: I . The submitted materials are in compliance with the 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 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan's Environmental Quality and Natural Resource Goals and Policies, Urban Growth Boundary Area Goals and Policies, and the Agricultural Goals and Policies. The Weld County Comprehensive Plan's Urban Growth Boundary Area Goals encourage the maintenance of Urban Growth Boundary areas that provides an official definition between future urban and agricultural land-uses. The proposed use is not considered to be an urban type of development. The Agricultural Goals and Policies of the Weld County Comprehensive Plan encourage the location of agricultural businesses and industries in areas that minimize the removal of prime agricultural land from production. The location of the Special Review Plan site and the attached conditions and development standards will ensure consistency with the goals and policies of the Weld County Comprehensive Plan. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. This proposal will not remove prime agricultural land from production. 900420 Wright's Disposal, Inc. USR-893 Page 2 - The use will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zoning. The surrounding land uses include farm production, oil and gas production, and rural residences. - No overlay districts affect the site. - Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 30 days of approval by the Board of County Commissioners. 2. No building or electrical permits shall be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 60 days of approval by the Board of County Commissioners, a copy of microseismic monitoring program as identified in the Colorado Geological Survey's letter dated February 9, 1990, designed by a geophysical firm experienced in earthquake seismology and approved by the Colorado Geological Survey shall be submitted to the Department of Planning Services. 4. Within 90 days of approval by the Board of County Commissioners, the approved microseismic monitoring system shall be installed and operating properly. 5. Prior to injecting Class I liquid waste, a copy of the Environmental Protection Agency approval shall be submitted to the Department of Planning Services and Weld County Health Department. This report shall be incorporated into the application materials. 900420 Wright's Disposal, Inc. USR-893 Page 3 6. Within 30 days of approval by the Board of County Commissioners: Evidence shall be submitted to the Department of Planning Services that the required fees from the Colorado Geological Survey and Environmental Protection Agency have been paid in full; - a subdivision exemption application shall be submitted and approved for the area identified for the Special Review permit in accordance with Section 9-3 of the Weld County Subdivision Regulations; - a road improvements agreement for the haul route along Weld County Road 19 north to State Highway 52 shall be submitted to Weld County Engineering Department for review and approval by the Board of County Commissioners; - a copy of a dust abatement program for the haul route from Weld County Road 19 to the special review permit site approved by the Weld County Health Department shall be submitted to the Department of Planning Services; and - a copy of a soil erosion control plan approved by Platte Valley Soil Conservation District shall be submitted to the Department of Planning Services. 900420 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WRIGHT'S DISPOSAL, INC. USR-893 1 . The Site Specific Development Plan and Special Review permit is for an injection well for disposal of Class I and Class II liquid waste as defined in the Code of Federal Regulations (40 C.F.R. 144.6) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The facility shall be operated and maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 4. The facility shall be operated and maintained at all times in compliance with the requirements of the Environmental Protection Agency. 5. The Type II classification liquids shall be restricted to brinewater waste or oil field waste approved by the State Oil and Gas Commission. 6. The Type I classification liquids shall be restricted to those waste fluids specifically approved by the Environmental Protection Agency. 7. No disposal of hazardous wastes of any type shall be permitted at any time. The facility shall receive only those liquid wastes which have been reviewed and approved by the Weld County Health Department. 8. Every load of liquid waste shall be scrutinized by the facility manager to assure that an approved material is being received for disposal. Random samples shall be taken to test at least 10% of the total waste stream by volume. The samples shall be analyzed at a laboratory approved by the Weld County Health Department. The results of these sample tests shall be available for review upon request by the Weld County Health Department. 9. The facility shall have and keep records to document every load received at the facility. Records shall include owner, operator, and driver of the trucks delivering loads, source of the load including owner/operator, name of company, location of source, amount, date loaded, and type of liquid waste shall also be kept in the records. 900420 USR-893 Development Standards Page 2 10. The manager of the facility shall be knowledgeable with the approved special review permit conditions and development standards and be on site at all times that the facility is open for business to receive wastes. 11. The property shall be maintained in compliance with SARA Title III. 12. Waste oil, waste paints , stains, treatments, anti-freeze, and other associated liquid and solid wastes, not disposed by injection disposal down the disposal well, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 13. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 14. A spillage retention berm shall be required around the tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. 15. The septic system for the office shall be designed according to the Weld County Individual Sewage Disposal Regulations by a Colorado Registered Professional Engineer. 16. Fugitive dust shall be confined on this site. 17. The maximum permissible noise level shall not exceed the industrial limit of 80dB(A), as measured according to 25-12-102, Colorado Revised Statutes. 18. The haul route shall be Weld County Road 19 north to State Highway 52. No hauling shall be allowed south of the entrance road on Weld County Road 19. 19. The approved microseismic monitoring system shall be maintained and in operation at all times. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 900420 USR-893 Development Standards Page 3 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated 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 or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 900420 ADDITIONAL COMMENTS WRIGHT'S DISPOSAL, INC. USR-893 The Town of Fort Lupton and the Town of Dacono reviewed this request. Their letters are attached. The application has been reviewed by Weld County Health Department, Colorado Geological Survey, and the Colorado Oil and Gas Conservation Commission. The Environmental Protection Agency is reviewing this application and must grant approval prior to injection of Class I liquid wastes. 900420 LAND-USE APPLICATION SUMMARY SHEET Date: March 13, 1990 CASE NUMBER: USR-893 NAME: Wright's Disposal, Inc. ADDRESS: 927 Quitman, Westminister, CO 80030 REQUEST: A Site Specific Development Plan and Special Review permit for an injection well for disposal of Class I and Class II liquid wastes as defined in the Code of Federal Regulations (40 C.F.R. 144.6) . LEGAL DESCRIPTION: Part of the SEl SE} of the NW} and the SW} SWi of the NEl of Section 10, TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles southeast of the Town of Dacono, approximately 2.5 miles southwest of the City of Fort Lupton, east of Weld County Road 19, and south of State highway 52. SIZE OF PARCEL: 2 Acres, t POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from: - Weld County Health department; - Colorado Geological Survey; - Weld County Engineering Department; - Colorado Department of Health; - Panhandle Easter Pipeline Company; - Platte Valley Soil Conservation District; - City of Fort Lupton; - Dacono Planning Commission; - Lee Morrison, Assistant County Attorney; and - Ed Herring, Weld County Office of Emergency Management. Referral responses have not been received from: - Central Colorado Water Conservancy District; - Tri-Area Planning Commission; - and Environmental Protection Agency. Three letters and several phone calls have been received by Department of Planning Services' staff from surrounding property owners objecting to his proposal. 900420 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number LK "� Date Received !b - C e, Application Checked by 14 Mylar plat submitted < lot Application Fee $457) Receipt Number / 7J`/E3 Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SWSWNE Section 10 T 1 N, R 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: SESENW Section 10 T 1 N, R 67 W Property Address (if available) PRESENT ZONE Agriculture OVERLAY ZONES N �j�(1 TOTAL ACREAGE _2 yy�r//��55��!! n�s,.� PROPOSED LAND USE Injection Well Class I&IIrip IYr EXISTING LAND USE Injection Well Class II - o OP"i16t Suss . er flood since 1972 . B9 ot SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE'inatt4ipPE EW PERMIT: i r Name: Frank J. Suckla (Lessor) Address: 4468 Weld Co. Rd 19 City Ft . Lupton en Zip Home Telephone 11 Business Telephone # Name: WRIGHT' S DISPOSAL, INC. (Lessee) Address: 9270 Quitman City Westminster , CO. Zip 80030 Home Telephone # Business Telephone # (303) 426-8911 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: WRIGHT' S DISPOSAL, INC. >‘\ Address: 9270 Quitman City Westminster , CO Zip 80003 Home Telephone # Business Telephone #( 3O3) 426-8911 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Frank J. Suckla Address: 4468 Weld CO. RD 19 City Ft . Lupton Zip Name: Amoco Production Co. Address: Box 800 City Denver, CO. Zip 80201 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) 4 j( -7n G'�e� I /GcsjI Sig ture: Owner or Athaorized Agent Subscribed and sworn to before me this 4th day of October 1969• NOTARY BL O My commission expires 5-u- 5-90 9..' 420 USE BY SPECIAL REVIEW AErLICATION WRIGHT' S DISPOSAL, INC. Application Requirements : 2. The Suckla Farms Injection Facility 's primary operation is the processing and injection of produced waters from oil and gas wells in Adams and Weld Counties . In addtion to produced waters , WRIGHT' S has applied for a Class I permit from the UIC Division of the EPA in order that the Suckla Farms Facility may also dispose of Industrial waste water. The Suckla Farms Facility was originally permitted by Amoco Production Company, in 1972 , as a pilot water flood project in the Sussex formation and continued in operation until 1985 . WRIGHT'S have taken over the surface facilities and have drilled and completed a deep injection well in the Lyons formation at 9200 ' ±. The facilities will continue to be used for the injection of produced waters and industrial, non-hazardous , waste water. There are no other commercial injection wells in Weld County. The surrounding area is under agriculturial use with the exception of Amoco ' s oil and gas production operations . There is only one residential structure within a z mile radius . this is Mr . Frank J. Suckla 's home, which is located about 100 yards East North-East from the injection facility. WRIGHT' S currently provide injection services to twenty Operating Companies and expect that number to grow to thirty-five. WRIGHT' S employees number one and his shift is from 6 :00 AM to 6 :00 PM Monday through Saturday. Sometimes the Facility is open from 6 :00 AM to 4 :00 PM on Sunday . The current water sources are produced and flow-back water from producing oil & gas wells . Industrial water will be from Denver and surrounding areas where EPA operations dictate the need for disposal of industrial water , such as that from water run-off from poured cement construction and the removal of underground, steel storage tanks . Access will utilized from highway 52 to Weld County 19 , South one and one-half mile to the facility turn-off . Average fifteen trucks per day. The trucks are dual axel, body loads , with a load capacity of 80 to 90 BBLs . and are either Water trucks or Vac trucks . The only other type of trucks are tractor-trailer combinations that have a 130 BBL load capacity. These are of the same type and number used during the Amoco operation . Current sewage system consist of a Port-A-Potty located at the SE corner of the Facility . The Facility is located in the Ft. Lupton Fire District and Chemical type extinguishers are located through-out the facility. Further, cement and earthen fire retaining walls are located around all stroage tanks . No animlas are located within a half mile radius of the facility. The facility has 7 400 bbl steel tanks , 1 300 bbl steel tank 1 300 bbl fiberglass tank and one 8 ' X 30' X 8 ' steel tank. The rectangular tank and the 7 400 bbl steel tanks hold oil and water mixtures . The 300 bbl steel tank holds the skimmed oil and the 300 bbl fiberglass tank holds the filtered injection water. x00420 USE BY SPECIAL REVIEW APPLICATION WRIGHT' S DISPOSAL, INC. (Cont) Page 2 Application Requirements : 2. The facility is gravelled and contains the same water disbursment techniques as that of Amoco . The facility has a dumpster furnished by Brightn Best and is emptied once a week. No landscaping or erosion control is anticipated other than those measures incorporated by Amoco during the original construction in 1972 . The injection well will be plugged according to the rules and regulations of the Colorado Oil & Gas Commission. The surface facilities will be removed and the land restored to it' s original terrain and use. The facility was constructed in 1972 by Amoco and was used for the same purposes and incorporates the same storage and machinery . 3. This is an existing facility. The facility was built in 1972 and is being used for the same purposes as those it was originally constructed for . Again, this is an ongoing use of a facility that was built in 1972 by Amoco Production Co. The purpose or construction has not been altered with the exception that the facility is now a commercial facility rather than a private facility. Please refer to the first paragraph under item 3. Please refer to the first two paragrahs under item 3 . The facility has been in operation since 1972 . The surrounding lands are in agriculturial use and have been since 1972 . To the best of my knowledge, the facility is not located in a flood plain or geological hazard area. The only pottable water located on the facility is bottled water from Deep Rock. See attached lease agreements between WRIGHT' S DISPOSAL, INC. and Frank J. Suckla and Amoco Production Co. A noise report is not required. See attached soil report . See attached surface estate report . See attached mineral owner report . x' 0420 REFERRAL LIST NAME: Wright's Dispsoal, Inc. CASE NUMBER: USR-893 REFERRALS SENT: October 10, 1989 REFERRALS TO BE RECEIVED BY: October 30, 1989 COUNTY / TOWNS and CITIES X Attorney 1P/eos.Y, .:1� s. , /e4sz d Ault X Health Department Brighton Extension Service X Dacono X Emergency Management Office _Eaton Sheriff's Office Erie ! X Engineering Evans _ _Housing Authority Firestone _Airport Authority X Fort Lupton _Building Inspection _Frederick Garden City _ STATE Gilcrest_ _Division of Water Resources Greeley Y Geological Survey Grover _ X Department of Health Hudson _Highway Department _Johnstown _Historical Society Keenesburg Water Conservation Board _Kersey X Oil and Gas Conservation Commission _La Salle Lochbuie FIRE DISTRICTS Longmont __Ault F-1 _Mead _Berthoud F-2 _Milliken _Brighton F-3 _New Raymer Dacono F-19 Nunn Eaton F-4 ____Platteville Fort Lupton F-5 _Severance _ Galeton F-6 Windsor _ _ Hudson F-7 Johnstown F-8 COUNTIES ____La Salle F-9 Adams _Longmont F-10 _Boulder ____Milliken _ F-11 Larimer _Nunn F-12 ____Pawnee ____Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 _US Army Corp of Engineers Poudre Valley F-15 ---_US Veterinary Service __Raymer ____Federal Aviation Administration _Southeast Weld F-16 Federal Communication Commission _ _Windsor/Severance F-17 _Wiggins F-18 _Western Hills F-20 SOIL CONSERVATION DISTRICTS X Brighton OTHER _Fort Collins X Central Colo. Water Conservancy Dist. Greeley X Panhandle Eastern Pipe Line Co. _Longmont X Tri-Area Planning Commission West Adams COMMISSION/BOARD MEMBER X Bud Halldorson �u�0'# x'420 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in the case #USR-893 for Wright's Disposal, Inc. , in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 7th day of March 1990. O4 zia,itytta TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, March 20, 1990, at 1 :30 p.m. in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 1.0th Street, Greeley, Colorado, concerning the request of: CASE NUMBER: USR-893 APPLICANT: Wright's Disposal, Inc. REQUEST: A Site Specific Development Plan and a Special Review permit for an injection well for disposal of Class I and Class II liquid waste in the A (Agricultural) zone district LEGAL: Part of the SW} SW} of Section 10, TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles southeast of Dacona, approximately 2.5 miles southwest of Fort Lupton, east of Weld County Road 19 and south of State Highway 52 For more information call Keith A. Schuett, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 J;0420 PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE f1 Zi 5e_ F7 S THE SIGN WAS POSTED BY: beAT 4, ¢77.4,0 N OF PERSON POSTING SIGNi / SIGNATURE OF APP SCANT ,J STATE OF COLORADO ) ) ss. COUNTY OF WELD ) SUBSCRIBED//�� AND SWORN TO BEFORE ME THIS I DAY OF G)/eg 19 % 6) . ' SEAL NOTARY PUBLIC MY COMMISSION EXPIRES -S - 9O . LAST DAY TO POST SIGN IS: 3 �O 19[c7 yL MAR 1 5 19S0 am_ — � - - - -t' 9O420 tail ch. mi ., .,nc„,„,,,,;, L,LORADO GEOLOGICAL SU.. :'EY CUSTOMER DEPARTMENT OF NATURAL RESOURCES INVOICE NO. ORDER NO. 1313 SHERMAN STREET, ROOM 715 DENVER, COLORADO 80203 PHONE (3031 866-2611 267358 4100X INVOICE INVOICE DATE 03/13/90 SOLD TO: Jim Wright SHIPPED TO: Wright Disposal Inc. 927 Quitman Westminster, CO 80030 QUANTITY DESCRIPTION UNIT TOTAL COST SUCKLE FARMS INJECTION WE'LL NO, 1 305.00 CGS File No. : WE-90..0097 W.P, Rogers: ReviewerD7PPPC,IT:rCkqr MAR 1 5 1990 LitW3111 CD. DIlin (Please show INVOICE NUMBER on PAYMENT.) DESTINATION: DATE SHIPPED: WHITE: Customer copy Subtotal 305,00 CANARY: Customer copy PINK: Agency copy Postage Terms: NET 30 DAYS GOLD: Accounting copy RETURN CANARY COPY WITH PAYMENT TOTAL 305,00 900420 lI • I.. � ,i j e • IG F r I � ,arc x. ]. )° 1 h 1 25 as / E54so � ]• E! 27 / • "-I • •L ] ( r • 1. 1 ! ® II • L 1 i •! • ! n :Pa ,e /�,• ciLCF. . -. 1 1i II•• --_-- _ - _ r, .I_ li C — , il •1 Ii° it I .�.r,r J.. n •• 1 . el 40 4. 1. •/ - `'• •+• _. ' e• • '� -•'•I• •• � - • •. 2 ' .t" ' . 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Sil:tits .e', x.it �x s -�-r•':' '''lit'''' ';1'1 yi s 1; i it i •rW .:. :4Fr 3av (4�{ "r k st.r' ii ;:fie'. t.3. y' Fj Ali J' � a' - ••W:. K .+ n• * i •f:Ft sifita ti _ s ,,,'. t ` i•: -w' x .Ke .. }s ie? _ '- ti•. f• !. ..,,,7 t.ms's`' 's: 2. .;,. -,,,,I;7 igo. 11 6 t'`;i<`.'' tf a P c>x*, c i i:;--�• �' ' `� t it. ,t 't 1 t Oy �_� .e S rL. . ..R,. 4�• ` h ., . ". • .',.,- V�.+' i" �4� t,r Ali ;i =7 H'�t;-," ` #ai•._,.t-it i i..1,{4` �:• z t;: F ,� r:ri� } i , - 'rte,i= ii• ,,�• - -. 't 1t • S Vii. ` s e T ,woS:'C�i .i 1: •1, X1,5 aar ei.*«.,( ? FIELD CHECK Filing Number: USR-893 Date of Inspection: h2 16/O Applicant's Name: Wright's Disposal, Inc. Request: Site Specific Development Plan and Special Review permit for a well injection facility (brine water and non-hazardous waste water) located in the A (Agricultural) zone district. Legal Description: Part of the SW} SW} NE} of Section 10, TIN, R67W of the 6th P.M., Weld County, Colorado Location: Approximately 2.5 miles southeast of the Town of Dacono, approximately 2.5 miles southwest of the City of Fort Lupton, approximately 1/2 mile east of Weld County Road 19, an4 approximately 1 mile south of State Highway 52. p7 Land Use: N ,�/'y/oni 6/74e4-1L%eq7 /O/V &'06? a; / & t eiic2 , �. B if // 'f re W r! rr 4 4 r. Zoning: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS:T/r 4i/4, 5, / be// o 7/ `lie lave//c1 twat /46 j' leen u.red /h9ibe Ja.ile e4n /19 91be fait T eve o ope me no pas-s4ee(44- Ca it 4 e%a- concerns. 7447-4061 Signature of Board Member 900420 REFERRAL LIST NAME: Wright's Dispsoal, Inc. CASE NUMBER: USR-893 REFERRALS SENT: October 10, 1989 REFERRALS TO BE RECEIVED BY: October 30, 1989 COUNTY TOWNS and CITIES ,1 X Attorney Ault 7-X Health Department _Brighton _Extension Service k'X Dacono ✓ X Emergency Management Office Eaton Sheriff's Office _Erie 17k—Engineering Evans _Housing Authority Firestone _Airport Authority -.75i—Fort Lupton _Building Inspection _Frederick _Garden City STATE Gilcrest _Division of Water Resources Greeley VX Geological Survey-Mailed 12/18/89 _Grover ✓X Department of Health Hudson Highway Department _Johnstown _Historical Society Keenesburg Water Conservation Board Kersey_ X Oil and Gas Conservation Commission La Salle Lochbuie FIRE DISTRICTS Longmont Ault F-1 Mead_ _Berthoud F-2 Milliken_ Brighton F-3 New Raymer_ Dacono F-19 Nunn _Eaton F-4 _Platteville _Fort Lupton F-5 Severance _ Galeton F-6 Windsor Hudson F-7 _Johnstown F-8 COUNTIES La Salle F-9 Adams_ Longmont F-10 Boulder _Milliken F-11 +Larimer Nunn F-12 Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 US Army Corp of Engineers Poudre Valley F-15 USDA-APHIS Veterinary Service Raymer ^Federal Aviation Administration _Southeast Weld F-16 _Federal Communication Commission _Windsor/Severance F-17 Wiggins F-18 _Western Hills F-20 SOIL CONSERVATION DISTRICTS D'X Brighton OTHER Fort Collins X Central Colo. Water Conservancy Dist. Greeley —7X—Panhandle Eastern Pipe Line Co. Longmont X Tri-Area Planning Commission _West Adams X Environmental Protection Agency Water Management 8WM-DW COMMISSION/BOARD MEMBER Attn: Lora Clemmens ✓ X Bud Halldorson Denver Place Suite 500 999 18th Street Denver, CO 80220-2405 900420 Ili AtIA,\ 41; mEmoRAnDum Keith Schuett Mlle Weld County Planning March 9, 1990 To Date TT ^^ Wes Potter, Director, Environmental Protection Services COLORADO From Wright's Disposal Subject: The Division requests that the Planning Department include a condition for approval of the facility that requires geologic or geotechnical monitoring for earthquake activity around the area as suggested by the Colorado State Geologic Survey Office in their letter. We also request that the approval for a class one disposal well would be contingent upon approval of the U.S. Environmental Protection Agencies review and approval for that type of facility. We suggest that the type two classification for be specifically restricted to brinewater waste or oil field waste that has been approved by their class two well approval from the Colorado State Oil & Gas Commission. WP164/dgc 0 d) ^V MAR ° 1990 L.___ a go, Plawn *mina at-0420 18-44:1.n 4, MEMORAnDUM WI`,p e To Weld County Planning October 3 Ilia 0, 1 89 Date � Environmental Protection Services ] COLORADO From Case Number: USR-893 Name: Wright's Disposal, Inc. Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquid and solid wastes, not disposed by injection disposal down the disposal well, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Any Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health. 3. No permanent disposal of wastes other than down the injection disposal well shall be permitted at this site. 4. A spillage retention berm shall be required around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. 5. The septic system for the office is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 6. Fugitive dust must be confined on this site. 7. Maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102, Colorado Revised Statues. 8. No disposal of hazardous waste of any type shall be permitted at any time. The facility shall recieve only those liquid wastes which have been reviewed and approved by the Weld County Health Department and the Colorado Department of Health. The manager of the facility shall be onsite at all times that the facility is open for business to receive wastes. C_ ) I Dil Nii) ''' — l" OCT 311989 cil\ . — 9 0t 420 Wt2Mdi C . Paaarwr „umaja ble Wright's Diposal, Inc. October 30, 1989 Page Two Every load of liquid waste shall be scrutinized to assure that an approved material is being received for disposal. Random samples shall be taken to test at least 10% of the total waste stream by volume. The samples shall be analyzed at a laboratory approved by the Weld County Health Department. The results of these sample tests shall be available for review upon request by the Weld County Health Department. The facility shall have and keep records to document every load received at the facility. Records shall include owner, operator, and driver of the trucks delivering loads. Source of the load including owner/operator, name of company, location of source, amount, date loaded, and type of liquid waste shall also be kept in the records. WP277/cs 900420 of Co<O 99 WE-90-0012 &, tnt Q o O ROY R. ROMER * cF.� �, * GOVERNOR * • JOHN W. ROLD �� *� DIRECTOR * /876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 RECF ! VFD February 9, 1990 Mr. Wes Potter FEB l2 1990 Weld County Department of Planning Services "E).s CO EN EE ' :1 =-7 915-10th Street • Greeley, CO 80631 RE: SUCKLE FARMS INJECTION WELL NO. 1 Dear Mr. Potter: We received your request for us to evaluate the earthquake potential relating to proposed injection of waste fluids into the Lyons Formation at a depth of approximately 9,500 feet near Fort Lupton. As you pointed out in your letter, fluid injection into the Precambrian at the nearby Rocky Mtn. Arsenal in the 1960s is believed to have initiated a sequence of earthquakes some of which were potentially damaging. Also a later experiment at Rangely Colorado was able to produce seismic events at shallower depths in the Weber Formation (sedimentary) . It should also be noted that water has been injected into the Lyons Formation to enhance recovery at the Clack Hollow and Pierce fields that are about 45 miles north of the proposed site. We have heard no reports of felt earthquakes from these operations. From this history one can't preclude the possibility that the proposed injection might trigger earthquakes. A better determination could be made if site-specific information on the natural state of stress and the intensity and orientation of fractures and jointing at depth were known. In the absence of such information a microseismic monitoring program could reduce the risk of inadvertently triggering earthquakes. Such a program should be designed by a geophysical firm experienced in earthquake seismology. In a general way this would involve an array of high gain seismographs in the vicinity of the well . These should be operated continuously for a minimum of 30 to 90 days before deep injection is started to establish a reference background level . It should also be operated for a minimum of two years after injections are started and thereafter if or when increases of injection volumes or injection pressures are scheduled. Reports on such monitoring should be submitted to appropriate local and state agencies at specified intervals. if t FEB 1 5 1990 } GEOLOGY 1L_� STORY OF THE PAST. .. KEY TO THE FUTURE 900420 wew Co. Name Uomnossito Mr. Potter Page two February 9, 1990 Such a program would provide pertinent information to the operator and government entities that could significantly reduce the risk of triggering larger earthquakes. I am enclosing a copy of pages 101-107 from the CGS publication entitled: "Earthquake Potential in Colorado," and also, data sheets for injection at the Black Hollow and Pierce units. If you have any further questions, please give me a call . Sincerely, Varr12^-2_, William P. Rogers, Chief Environmental and Engineering Geology Section vjr:WPR-90-008 Enclosure(s) cc: OGCC; Di Matted 5351 900420 /tie / U(1 the subsurface . At the Rangely oil field scientists were actually able to turn on and off earthquakes by controlled fluid injection . Damaging earthquakes were inadvertently triggered by liquid waste injection into a deep disposal well at the Rocky Mountain Arsenal during the 1960s . A few water reservoirs in Colorado are suspected of inducing earthquakes , but this relationship has not yet been satisfactorily proven. One questionable case of reservoir-induced seismicity was studied , but the supposedly-induced earthquakes were found to be related to construction. 4.2. 1 . ROCKY MOUNTAIN ARSENAL EARTHQUAKES In 1962 a series of earthquakes initiated in the northeast Denver area that created considerable scientific interest and concern for the safety of Denver' s citizens. The sequence of earthquakes began on April 24, 1962, with a magnitude 1 .5 event . Fortunately, the Colorado School of Mines had recently established a seismograph station (GOL ) near Bergen Park that was capable of detecting such a small earthquake . During the following years over 1 ,500 earthquakes , some of which caused damage, were 'may =tnd in the northeast Denver area . Minor activity continues in this area today. Initially, the earthquakes were very small and only a few were felt. Through October 1965 , over 1 ,000 earthquakes occurred, but only 16 events were greater than magnitude 3 .0 (Major and Simon , 1965 ) . Two graduate students from the Colorado School of Mines studied the earthquakes during this period (Pan, 1963; Wang , 1965 ) . Wang ( 1965 ) discovered that many of the earthquakes centered in a region about 75 km long and 40 km wide . It was later pointed out that most events located by Wang were within 8 km of a liquid waste disposal well at the Rocky Mountain Arsenal . The director of the Regis College Seismological Observatory, Father Joseph Downey, was one of the first to suggest there was a possible relationship between the earthquakes and the Rocky Mountain Arsenal disposal well (Healy and others , 1968) . The disposal well was located near the center of the the Denver Basin, completed on September 11 , 1961 , and drilled to a depth of 3,670 m (Scopel , 1964 ) . Pressure injection of liquid waste into fractured Precambrian rock near the bottom of the well began during March of 1962 , just prior to initiation of the earthquake series . In November of 1965, D. M. Evans , a consulting geologist from Denver, publicly announced there was a direct relationship between the disposal well and the Denver earthquakes . His conclusions were principally based on the earthquake distribution reported by Wang ( 1965 ) and the striking correlation between the number of earthquakes per month recorded at GOL and the volume of waste injected into the well (Figure 46) . Because of the increased awareness of the potential for damaging • • earthquakes and the possible relationships between the earthquakes and the Rocky Mountain Arsenal disposal well , the U.S. Geological Survey, in cooperation with the Colorado School of Mines , was directed to evaluate the earthquake series (Healy and others , 1966b) . ,, - 101 - 900420 90 EARTHQUAKE FREQUENCY O 80 -. 70 - - w60 a 50 - 0 40 - 30 cc 20 - w 10- - 0 c 9 r CONTAMINATED WASTE INJECTED � a Zco 7r , - 06 r -J5 - q a c9 4 aIml , z -, ? -NO FLUID _ INJECTED OJ M M J S N J M M J S N J M' M J SI N' J M M J S Nl AAUE0AAUE0AAAUE0AAAUE0AA N R Y L P V N R Y L P V N R Y L P V N R Y L P V • 1962 - 1963 1964 1965 Figure 46. Chart showing the number of earthquakes per month recorded in the northeast Denver area (upper chart) , and the monthly volume of injected liquid waste at the Rocky Mountain Arsenal well . (from Evans , 1966a) 4 IDetermination of the pre-injection seismic history ,of the area was a principal element of the U.S. Geological Survey' s preliminary investigation. The occurrence of earthquakes prior to injection would lessen the correlation suggested by Evans. Seismic records from Regis T College were examined, but because of high background noise small magnitude earthquakes could have escaped detection. Records from G0L were r of limited value because the station began operating only a few months 1 before injection initiated. Study of seismic records from a short-period - 102 - 900420 seismograph run by Warren Longley at the University of Colorado at Boulder between 1954 and 1959 revealed 13 events that could have been Denver area earthquakes . However, all events occurred during normal working hours and probably were construction blasts (Krivoy and Lane, 1966 ) . Hadsell ( 1968 ) reviewed historic reports and newspaper accounts of the pre-instrumental period and found two felt reports that possibly occurred in the general vicinity of the Rocky Mountain Arsenal . A large earthquake of intensity VII shook the northern Metro Denver area on November 7 , 1882 , but this event could only be approximately located. On _0ctober 11 , 1916, a small intensity III event was also reported in the northern Denver Metro area (Plate 3 ) . Because location control is poor Apr for these two earthquakes , it is uncertain if they occurred near the Rocky Mountain Arsenal . Thus , there is no absolute evidence to indicate any lE pre- injection seismic activity near the Rocky Mountain Arsenal , but the two felt earthquakes are suspected of having occurred nearby. Another part of the U.S. Geological Survey ' s study involved establishment of a very dense seismic network to accurately locate hypocenters . The network operated about 6 hours per day for a 2-month period in January and February of 1966. Sixty-two earthquakes located during this period occurred in an ellipsoidal zone about 10 km long and 3 km wide that included the disposal well . The long axis of this zone trends N60°W and the earthquakes ranged in depth from 4. 5 to 5.5 km. These earthquakes define the active part of a fault or fracture zone herein named -the Rocky Mountain Arsenal fault (fault number 168) . Fault-plane solutions indicate a right-lateral strike-slip motion on a nearly vertical plane that is parallel to the zone of epicenters (Healy and others , 1966a, 1968 ) . The U.S. Geological Survey (Healy and others , 1966b) concluded that there were definite temporal and spatial relationships between the earthquakes and the disposal well . Because of the suggested connection between the well and the earthquakes , fluid injection at the well was terminated on February 20, y 1966. The earthquakes , however, did not cease. Numerous additional small earthquakes occurred during the following months , and the largest, most damaging earthquakes happened over a year after injection was halted. This continued activity appears to reduce the correlation between fluid • injection and the earthquakes , but Healy and others ( 1968) propose a conceptual fracturing model that actually suggests the larger earthquakes should occur after cessation of injection. Probably the most comprehensive evaluation of the Rocky Mountain Arsenal earthquakes involved geophysical , geologic, and hydrologic: studies a by the Colorado School of Mines (Hollister and Weimer, 1968) . The report contains several papers by numerous geoscientists . Major and Simon ( 1968) d - provide the most complete listing available of the earthquakes that s occurred up to September 1 , 1967, based on records from the Colorado 1 School of Mines network, University of Colorado station, and Regis College station. One of their principal conclusions was that the past occurrence of many small earthquakes did not preclude the possibility of a larger event in the future . Hadsell ' s compilation of historic earthquakes based on felt reports was valuable not only for the Rocky Mountain Arsenal 900420 4 0 103 - study, but it also increased our knowledge of the pre-instrumental 17 earthquake history of the entire state. Other papers in this report provided useful data on physical characteristics of the reservoir rock, structure, stratigraphy, and hydraulic characteristics of nearby exposed Precambrian rocks in the Front Range, Quaternary geology at the Rocky Mountain Arsenal , and the vertical relationships between rock elasticity and fluid pressure. Most workers who have studied the Rocky Mountain Arsenal earthquakes believe the fluid injection triggered the earthquakes (Healy and others , 1968; Hollister and Weimer, 1968 ) . Considerable evidence has been • introduced that indicates tectonic stresses existed in the area prior to injection and that the earthquakes partly released this stored energy, Healy and others ( 1968) point out two factors leading to a tectonic origin for these earthquakes : 1 ) the pre-1967 earthquakes have a frequency-magnitude relationship comparable to that found in tectonically active areas, and 2 ) the earthquake distribution, consistent fault-plane solutions , and presence of fracturing in cores from the well all suggest a zone of vertical fracturing. Studies of stress drops of the larger earthquakes by Wyss and Molnar (1972 ) indicate only part of the available tectonic stresses have been relieved. Hsieh and Bredehoeft ( 1979 ) present a reservoir analysis that suggests fluid pressures play a critical role in triggering the earthquakes , but that tectonic stresses were responsible for most of the energy released by the earthquakes . Two primary questions concerning the sequence of earthquakes at 'the Rocky Mountain Arsenal remain to be definitely answered : 1 ) can damaging earthquakes occur in the future at the Rocky Mountain Arsenal , and if so, what is the potential for surface rupture, and 2 ) are there other areas in the Denver Basin or in Colorado where a similar phenomenon could occur? The final answers to these questions can only be resolved through detailed studies. Tectonic stresses apparently played an important role in this series of earthquakes and we tend to agree with other researchers who suggest the earthquakes would have eventually occurred naturally without being triggered by fluid injection. Similar tectonic stresses may also be present at other as yet unknown areas within the Denver Basin. Release of this stored energy will probably occur along other pre-existing fracture or fault zones . The maximum magnitude of such earthquakes would likely be at least as large as those that occurred at the Rocky Mountain Arsenal (M = 5 to 5 1 /2 ) or the 1882 earthquake ( intensity VII ) . Fluid injection into other tectonically stressed areas could unintentionally trigger similar earthquakes , but they may also occur naturally in the future. 4.2.2. RANGELY EXPERIMENT One positive result of-Ahe Rocky Mountain Arsenal earthquakes was increased awareness of the potential value of underground fluid injection in controlling earthquakes . In 1967 W. W. Rubey suggested that the Rangely oil field in northwest Colorado might be a favorable location '. suitable for conducting earthquake-control experiments (Raleigh and - 104 - 900420 others , 1976 ) . Waterflooding, the injection of water at high pressure to aid secondary recovery of oil , initiated at Rangely field in 1957 . A seismograph array at Vernal , Utah , established 5 years later in 1962 , began recording small earthquakes that centered near the oil field immediately after installation. The U.S. Geological Survey set up a portable seismograph array at the Rangely oil field in the fall of 1967 to evaluate the feasibility of conducting an earthquake-control experiment (Pakiser and others , 1969 ) . Forty earthquakes were recorded during a 10-day monitoring period and all occurred within the oil field in areas of high fluid pressures due to waterflooding. Upon agreement with the leaseholders and Chevron Oil Company, the field operator, a detailed experiment was planned. During 1 e the first year background data on seismic activity would be recorded. I it, This was followed by a period during which fluid pressure near the lirtrsc- earthquakes would be lowered by backflowing water from selected injection wells . If the reduction in fluid pressure resulted in decreased seismic activity, injection pressures would be increased and the cycle repeated. Rangely oil field is located on a closed , doubly plunging anticline in Mesozoic and Paleozoic sedimentary rocks . Theprimary reservoir rock , n the Pennsylvanian and Permian Weber Sandstone, is about 350 m thick and a Y lies about 1 , 700 m below the land surface. Only one fault lies within the field (fault number 64 ) . Detailed structure contour mapping on the top of the Weber Sandstone based on drill hole information (Figure 47 ) indicates e the fault has only 10 - to 15 m of vertical displacement (Raleigh and g - rt others , 1976 ) with an unknown amount of horizontal displacement . The fault is not a major fault, and it appears to have been inactive since before deposition of the Mancos Shale or fault displacements must have 9 - been distributed over a wide zone within the Mancos Shale. No surficial d -, evidence of recent ground rupture has been documented for this fault. The earthquake-control experiment initiated in October of 1969 with -tk the installation of a U.S. Geological Survey seismograph network. Four s 54 selected injection wells were used in the experiment. Between October, 1969 and November 10, 1970 the bottom-hole pressure in these holes was 9: increased from 235 to 275 bars (Raleigh and others , 1976) . Over 900 earthquakes were recorded during this q period, and 367 of these events occurred within 1 km of the four injection wells. The earthquake ,e epicenters clustered in two dense groups (Figure 47 ) . One group centered very near the injection wells at a depth of- 2.0 to 2.5 km and a second M _ group with focal depths averaging 3.5 km occurred to the southwest just beyond the oil field. Both groups were parallel to the mapped extent of the minor fault previously described. Fault-plane solutions suggest "" strike-slip movement on the fault in a right-lateral sense with a small component of dip-slip. a- _ On November 10 , 1970 the injection wells were shut in for three days and then backflowed for six months to reduce pressure (Raleigh, 1972 ) . h: ,-- Within a short time period the rate of earthquake activity decreased from o ,_ 20 to 40 per month to less than one per month. Reinjection initiated in , „ ? May of 1971 , but it was not until August of 1972 , that bottom-hole 90042® 105 - IOY5250 . !0 12.0 t6-11-4 a .°per r b Am 8<ly Oct. 1969 Oct. 1970i ° / •5° \\ 3°° JJJ-1�Pko r____„0 ` I 70�` / �� I10 \ o ° L-��1♦0 i,`\ a° ° ( / //. �/ o 600 O 5O 750 ` • .1.‘ . 1 ` �110 M 1350 900 UT ' ° / 0 1 2 Mme C O 900 e 0 5 km io 4(♦0 3.0 40 3.0 Figure 47. Structure contour map (in meters below sea level ) on the top of the Weber Sandstone at Rangely oil field ( left side) . Earthquakes occurring between October, 1969 , and November, 1970, are indicated on the right side by "X" . Contours on right side are bottom-hole, 3-day shut-in pressures as of September 1969. (from Raleigh and others , 1976; copyright 1976 by Amer. Assoc. Advancement Science) pressures returned to original levels. Earthquake activity during this period remained at very low levels . During the following few months bottom-hole pressures slowly increased to 275 bars and the monthly average of earthquakes raised to six. When pressures further increased to 280 bars, an average of 26 earthquakes occurred per month. On May 6, 1973, the injection wells were shut in and backflowing initiated. Earthquake ' activity immediately dropped. None were recorded near the wells after . that day and only one per month were recorded along the fault zone to the southwest. The Rangely experiment proved that earthquakes can be triggered by increases in fluid pressure and that pore pressure and: ffe five stress = concepts as proposed by Hubbert and Rubey ( 1959 ) can account for the phenomenon. The experiment supports the hypothesis of Evans ( 1966a) that the Denver earthquakes were related to waste injection at the Rocky Mountain Arsenal and indicates that earthquakes may be triggered in areas - of relatively low historic seismicity. In both cases evidence indicates 960420 - 106 - 1 1 a that most induced earthquakes tend to occur along pre-existing faults or fracture zones and that natural tectonic stresses were also present . Thus , special care must be used when underground liquid waste injection or oil -field waterflooding are planned near faults or fracture zones in areas that may be subject to even very low stress rates . Determination of the natural state of stress by, for instance, hydraulic fracturing and the in situ rock strength may enable prediction of safe injection pressures (Raleigh , 1972 ) . 4.2.3. NUCLEAR EXPLOSIONS . Three nuclear explosions have been detonated in drill holes in or \ " very near Colorado as a part of the Plowshare program to explore the feasibility of using atomic energy for industrial applications . All three experiments were joint government-industry tests to stimulate natural gas recovery from low permeability sandstone reservoirs . The tests include Project Gasbuggy, Project Rulison , and Project Rio Blanco. They were successful in part , including increased gas recovery from the reservoirs , but several problems, particularly economics , have prevented widespread usage of this technique. Locations of the Rulison and Rio Blanco tests are shown on Plate 3. Project Gasbuggy took place just off the map south of Pagosa Springs. Each blast caused a considerable amount of ground motion and was assigned ' z a body-wave magnitude between 5 and 5 1 /2. They were felt over a wide area , but did minimal serious structural damage. A large number of microearthquakes located within about a 1 ,000 m of the blast immediately ;A followed each explosion , but rapidly diminished in frequency within a few _ - days . None of the explosions appear to have significantly altered natural seismicity rates . The following paragraphs briefly describe the three Projects . Project Gasbuggy was conducted just south of Colorado about 88 km east of Farmington , New Mexico on December 10 , 1967 . The experiment consisted of a single 29-kiloton nuclear explosive that was detonated at a a depth of 1 ,292 m. The blast occurred in the Lewis Shale about 12 m below j - - the base of the Pictured Cliffs Sandstone , a low permeability gas reservoir. A chimney 102 m high with a 24.4 m radius resulted from the explosion. N.O.A.A. (1980 ) reported a body-wave magnitude of 5. 1 for event . A single 43-kiloton nuclear explosive was detonated at the Rulison gas field'during Project Rulison on September 10, 1969. The test site was located about 9.6 km southeast of the town of Grand Valley in Garfield County, Colorado. The blast occurred in the Mesa Verde Formation--about 2 ,568 m below ground level and generated an 82.3 m high chimney with a _ radius of 21 .3 m. A body-wave magnitude of 5.3 is recorded by N.O.A.A. (1980 ) for the explosion . Project Rio Blanco consisted of three 30-kiloton nuclear devices that were detonated simultaneously at depths of 1 ,752 m, 1 ,869 m, and 2 ,007 m. 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Disposal well's associated with the Rocky Mountain Arsenal were implicated as a cause of earthquakes in the 1960's. One earthquake in 1967 measured 5.5 in magnitude and caused significant damange. We want to be sure that this type of activity will not be caused by this Disposal Well. WP336/dgc ' i iIi t p 9°0420 ' ffEmoRAf DU1r1 WilkTo Keith Schuott,--Planning _ Date Oct nherJ\I 17 1989 COLORADO From P C h ltinga (nnnfv Fnginnnr \� Subject: Wright's Water nimpncal, Tnr USR=893 The existing gravel road is not adequate to support the estimated fifteen water trucks per day. The application materials indicate there will be tractor-trailer traffic generated, but does indicate how much. I recommend the applicant be required to enter into a Road Improvements Agreement with the Board of Weld County Commissioners. DLS/mw:prwd xc: Commissioner Lacy Wright's Water Disposal, USR-893 n�` pArOI 957 _ OCT 1 8 1989 e [ . Iii X14. (rl.eitaui4 ,O1i4li11u.'p. 900420 r�p1�Y CU. Nlnn�+§c& btrrinirrKYi�o STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH of c°lo Fc 0, 4210 East 11th Avenue °' Denver, Colorado 80220 I' ° ' Phone (303) 320-8333 ` /877 Roy Romer Governor 71 Thomas M. Vernon, M.D. rti - 411'/' Executive Director t 't i fycy )Li November 1, 1989 Wes Potter, Director Environmental Health Division Weld County Department of Health 1516 Hospital Road Greeley, Colorado 80631 Subject: Re-injection wells used as disposal sites/facilities for oil and gas exploration and production wastes Dear Mr. Potter: Dave Shelton told me that you had called with a request for information on this topic. I called several times and did not connected with you. So in the interest of time, I decided to send you a letter answering the "generic" question rather than a site specific letter; i.e. , what are the existing control and permitting requirements for re-injection wells used as disposal sites/facilities for oil and gas exploration and production wastes. I hope that the following summary serves your needs. The USEPA and two state agencies share the regulatory control of re-injection wells. The Hazardous Materials and Waste Management Division, Hazardous Waste Control Section participates with the Region VIII Epa staff in the review and permitting of re-injection wells that are used for the disposal of hazardous wastes. Oil and gas exploration and production wastes are not classified as hazardous wastes. EPA has delegated the regulatory and permitting program for the control of re-injection wells used for the disposal of such wastes to the Colorado Oil and Gas Conservation Commission (OGCC). No certificate of designation (CD) is required. One potential controversy remains with regard to temporary storage impoundments at such re-injection facilities. I am inclined to treat such impoundments in the same manner in which other brine waste impoundments are controlled. If the site is owned and operated by an oil or gas exploration 900420 Wes Potter November 1, 1989 Page 2 company for its own well fields, no CD is required unless the facility exceeds the 100 barrel threshold and OGCC requests a review by the Hazardous Materials and Waste Management Division, Solid Waste and Incident Manegement Section and County; or unless the facility in question is a centralized commercial facility serving more than one oil or gas exploration company. If you need added information plese feel free to call or write to me. I continue to apologize for the slowness of my responses. I hope that my solid waste program will be return to its full staffing level soon. ceTelY. 9 707( /Pamela L. Harley, S t on Chief Solid Waste & Incident Manageme Section Hazardous Materials & Waste nagement Division 900420 PANHANDLE EASTERN PIPE LINE COMPANY 635 No. 7th Brighton, Colorado 80601 (303) 659-5922 70,1-0-rT7,1-6—V7)Y November 2, 1989 NOV _3 1989 1 Mr. Keith A. Schuett rte_;•._ Current Planner *Id Co. Ramos audutAiw oof Weld County Dept. of Planning 915 10th Street Greeley, CO. 80631 RE: Case i$USR-893 -- Wright' s Disposal, Inc. - well injection facility. Dear Mr. Schuett: Please find enclosed a copy of our as-built map, which shows our pipeline (16-10-075-65-4" ) , in the hi-lighted areas, that is located in Southwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 10, Township 1 North, Range 67 West, Weld County, Colorado. At this time, Panhandle Eastern does not foresee any conflicts with this project. However, before we give our recommendations Panhandle is requesting that prospective contractors and/or developers involved with the construction of the well injection facility contact us to be made aware of the following stipulations. Panhandle Eastern maintains a 50-foot wide right-of-way on all pipelines and will not allow any building within that easement area. Utility lines, streets, sidewalks, and driveways may be installed at approximate right angles to the pipeline herein authorized, provided, however, that all utilities cross under our pipeline with a minimum clearance equal to the diameter of the larger utility or 18" , whichever is greater. No paved or traveled portion of any street, sidewalk, driveway, road, alley, or curbing will be placed substantially parallel to and within fifteen ( 15' ) feet of the pipeline, provided adequate working space is available on the other side of the pipeline. In the event of a proposed crossing with a road or utility, please contact Utility Notification Center of Colorado (UNCC) at 534-6700 (Local & Metro Denver) , or 1-800-922-1987 (Outside the Metro area) , with two (2) business days notice, and at no cost to you, we will locate and mark our lines to eliminate accidents that can occur from foreign forces. 900420 We will be more than happy to work with everyone involved, however, it must be noted that if for any reason our lines must be moved, it will be at the expense of the developer or the person or persons asking for this movement. If additional information is needed, please call me at 659-5922, ext. 222 . Sincerely, .•-• :---6.--r-dt;_e.,1 7-7J-ir---4--1 Larry E. .Abston Area Supervisor attachments xc: File 900420 DEPAR"'TENT OF PLANNING SERVICES r _ PHONE(303)356-4000 EXT.4400 R 915 10th STREET GREELEY,COLORADO 80631 C. COT OR A DO CASE NUMBER USR-893 11 October 13, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Wrights' Disposal, Incorporated, for a well injection facility (brine water and non-hazardous waste water) located in the A (Agricultural) zone district. The parcel of land is described as part of the SW} SW} NE} of Section 10, TIN, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2.5 miles southeast of the Town of Dacona, approximately 2.5 miles southwest of the City of Fort Lupton, approximately 1/2 mile east of Weld County Road 19, and approximately 1 mile south of State Highway 52. This application is submitted to you for review and recommendation. Any comments or recommendation you ee"tsider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 30, 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. ✓` Please refer to the enclosed letter. Signed: A enc �?��i g y: /7„ , /,,,,40r2/2/r. �//S 7C- /? Date; //- /-"57-7 900420 1941 -'X--.nail ° - "'"S ,c. _ - O.OT5•�4� SE 5, piles II 9 td ♦ ..4 • ,g 4 / ° fa'lt:. s Xuotvews— t"% le 7W-4 - -7x+ C �iii l'ir �.'� l hk y�,X' _.. Q i t . 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I h� k' S':' 4,:• i n. iF > e s .�sz�� , +i ts-10•`175-i0-8 1 11 -, — xl , i y} Y .- / d �l / , s T r. +. r �t �`2Q-10-075- '0-4" ,=r y �I }$\. -,,te �'Sl F;C97f #114 771—� ,t- r�i�eaa-- .-. r°» R '2 I`r 'k! 10 0/S 115: q.1 p Z•—"r 4 X496 JOO i PP � � i s *:i ,L _I ' - .10'a y .y',r .a a` F c �` mainsµ + 4 19.. ' ots-21 Y i fix. ,.. j; Y , y�lf n.,tY•-..s • ;.y�y, ka. °f + it;:,..c.- ti `�`•4 ,34t,"'^''�'4� ^'/.. o: ':,rt. ft: .- ;-1,3, 41 4.. . �`" f :� ; 1i , I�,i tC••c.. • .[jam P „I. PLATTE VALLEY 60 South 27th Avenue SOIL CONSERVATION Brighton, CO 80601 DISTRICT Phone : 659-7004 November 8, 1989 Mr. Keith A. Sc hu e t t Weld County Colorado ( NOV 14 rQ Department of Planning Services 8� 915 10th Street Greeley , C O 80631 Wrt $ii. Poi rrr,erd€ :,rraUirr itis RE : Case Number : DSR-89: Wrights ' Disposal , Inc . Dear Mr. Schuett: We have the following comments on the well injection facility application from Wrights ' Disposal , Inc . We believe that all county , state and federal laws , water quality standards , rules and regulations , governing the injection of liquid waste must be strictly adhered to . The owner or operator should be responsible for securing all required permits or approvals . We feel that all exposed land should be hard surfaced , gravelled or seeded to adapted grasses . Weeds and other undesirable plants should be controlled . We would be happy to assist with grass seeding recommendations . If a larger area is hard surfaced , then water runoff could be a problem. If that is the case then water runoff should be planned . We believe that injection could be a potential problem for water quality and discourage its use . Sincerely , � f 7-17 ..fie'.. Clyde Abbett, President Board of Supervisors 900420 .k. 0 FORT / QZttpofjfortlLupton 4)/F--- - COUNTY OF WELD �+ 18 • 36 130 S. McKINLEY AVENUE FORT LUPTON(303)857-6694 P.O. BOX 148 DENVER METRO(303)893-5404 FT. LUPTON, CO 80621 GREELEY METRO (303)356-9225 COLORADO October 25, 1989 16 ,r-gr-ri,1 - 11,\C1/15‘4- \ Weld County 1 0CT 2 7 1989 Department of Planning Services t 915 10th Street /� Greeley, CO 80631 Id Co, li'ldr fink, ..ionmis`•lou Attention: Mr. Keith Schuett Dear Mr. Schuett: The Planning Commission for the City of Fort Lupton has reviewed case number 893 for the Wright' s Disposal Incorporated injection well permit located south west of the City of Fort Lupton. Planning Commission has reviewed the request and has determined by unanimous vote that the proposed use would have a detrimental affect on the City of Fort Lupton. It is Planning Commission' s opinion that any disposal of produced or waste water pumped into deep wells will eventually affect the City' s wells which is our only source of water. We refer to the recent litigation between the U. S. Army at the Arsenal complex and the South Adams water and Sanitation District, as well as the Irondale wells that have been contaminated by the Arsenal pumping waste into deep wells in the past. Again, we strongly recommend against approval of this use in this specific area and would recommend that the proposed use attempt to find other locations not as prone to cause detrimental health problems to nearby communities. If you have any questions regarding this matter, please feel free to contact me at any time. Sins reify, .-c v" id Y ada City A inistrator cc: Planning Commission 900420 File City Council • u. eifr • r ,ty. City of Dacono, Colorado 4I I— To: Weld County Planning Commission From: Dacono Planning Commission October 25 1989 Ref: USR-893 Use by Special Review On October 24 1989 the Dacono Planning Commission in Special Session addressed the Application of James S Wright-Wrights Disposal Inc. , and Frank J Suckla requesting special use of an injection well presently drilled, for disposal of Industrial Waste Water. The Oil & Gas Commission must be consulted on this issue because of the involvement of Amoco Production Co. ,lease which has employed their operation on this property. Dacono Planning Commission has Voted Rejection of this Application and recommends Disapproval of Special Review USR-893 for the following reasons (1) Interference with water table and ultimate effect on the purity of the Aquifer. (2) Introduction of man-made materials into present wells. (3) Complaints of area residents beyond the 500 ft. bounding the property. Again the Dacono Planning Commission recommends disapproval of USR-893 use by Special Review. THANK YOU, rOig.?r—Tccl Siere CT 6 Arthur Alloway Chairman 2 1989 Dacono Planning Commission. - ----- Wefd Co. Ping Coomossift • 512 Cherry Street • Post Office Box 186 • Dacono, Colorado 80514 Local-833-3095 • Metro-825-1256 • FAX -825-1256 900420 DEPART 'TENT OF PLANNING SERVICES K L.I.E.: r9CiRRISON 'o WELD COUNTYAlT.ORNEr OFFICET NU E; COLjNiy C:.F.:n.i Lo : ..i..Eh N1nL. [ENVIERR 1 I I i .i. L lii:'r O 8O6'd 1 0 - L _M WI COLORADO• 1199 CASE NUMBER USR-893 Weld Cu.. Mauarnt Cuomo October 13, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Wrights' Disposal, Incorporated, for a well injection facility (brine water and non-hazardous waste water) located in the A (Agricultural) zone district. The parcel of land is described as part of the SW} SW} NE} of Section 10, T1N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2.5 miles southeast of the Town of Dacona, approximately Weld Countyest Roadf19,ea dty of Fort approximatelyo1, milert south oly fState Highway 52. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 30, 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons.___ ,gyp ;r , - "t Cl } !w {' C-fC�? 4 c-v."C ,(L C� / �Ceti/G. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: • 5. /Ptease refer to the enclosed letter. Signed: / (141 / /y' L,A-- Agency: Date: / l (l 900420 OFFICE OF THE trdIERIFF MEMORANDUM TO Keith A. Schuett, Current Planner Ed Herring WCSO/OEM C,�� t J /, {l- , FROM F41 d� hi L( c 4, October 19, 1989 `. DATE RE USR-893 I have no problem with the Wrights' Disposal, Incorporated request for an injection facility. I reviewed the proposal and found that there are several oil storage tanks on the property where the well is located that have not complied with SARA Title III. I have identified the owners as Amoco and A & W Water Service. Wrights' Disposal, Inc. would have a reporting requirement if they purchase or store oil products in these tanks or similar tanks holding 10,000 pounds or more of product. I am contacting the responsible parties at this time for compliance with SARA Title III section 311 and 312. /lch tTr-D7.R7\--0, 75qll OCT 231989 , WOW Cu. Nairarni u�ml auv 900420 77 )01 — - ` g2 74 /t Goa , ' OOP oz�r _ �-/�4 .�� . .�� mot, ems, ei r-facAz ��Q�e2;e4 --I4)/cod - a- CeAii...,!t-• L.Q,o d -8}4.27-1c, GEC ti ✓ _ "-T6 I7-2(-0-t(- -Le-e' „A. `C L iL tp �t;.� �(� / - et_ `� % s,42,1/4DolLafl,),alb_Hi oh Z" y I Ito` --Lt -,e_" i.`y° - ' `7tAi_e eO 22/ _ i v/i- ciPni--ab i _La a/AS*dt})/ ; 5 'i I cif-V-1 Ottal: 9 471.0-u-kn- 4--1:ku #b Vaal- I_ '--F-Thtl _ JLd; °)- _ ti � '/ 1 lb IN - (.924/ �i ---�� P �` �1 .� 900420 , - -. i C' SS /6 6z 7 /0 4 93 e% A `g J �- 71 900420 car iiiibEczo9g9 1989 tipma. kelaNeav geld Co. Non antopoizirk t Art Watrwte IN ReGARds To TIkt fused-tom wt:LL OPERA-rif& NEAR_ DAcANO. 5PEcIFicALbf Tkt SucLA FARM tb ltcT10N WELL S I SE NW SEC t0 - its -61 W tJEid CO. KOAA M . WR EhT'5 WAsTt IMfMON stiE r AM AdAMANTU 0PP05E4 TO The WRIbkes WASTE OPERATION uttdkt e-XtsTIN6 comae lON5 4 ToTALu OOTRA6Ed by Till PROPOSAL. coutooTta PRtascanzi TO issuE UuRtmkTtS Wkstt: A PERMIT TO INsert' tM6C ANtodatis of lKldusTR.IAL I&MsTE AT MI5 LACP►TIDN . I OWN lbo ActEs WAR_ itAt t Loa-rum 4 k&vE obsemal dmmu the coMSTmIJy RLDW OP TPtNIt TR.OcKS coMIN6 4 6o104 TO T lltS sl6kT. CURRtlJT ZITO M LOt4 d ou(J hhvv NEVER. been ALLo WE i TO ORtb IN AT+E A NOUN TIAti WANT 10 ck AiJ6C t YOM ot. FIEU WA61-C TO ttJdosTR AL WASTE 1 ' 900420 IF limb is ALLoWEA lb Corinth( WC As kelde to o F TkE AREA CAM ko i ally W o Nd ER W IhDJ W ILL TIRE ERRTin 1RattoRs btau4 but wr CAK1 Mfio MPECT othER. VAJIOos tit4Inthnal s As A RauLT air PUMPIWb VAST QUAKh-LTIE6 of 1NduttRIA L W As% MTh ThE 6flsw d I looNdER. hold LON& TIM6 T`IPE OF Sn UAT1og We old bE TOIERIRTed IF Tki5 s►6kT we to N ERIR 6 ReELEV . PleAsE UTILrz.E \J0UR. PosI7tok1 Tb srb-P WRiedff'6 W AsTE FROM obmi,J IIJ6 A PERMIT TO DISPo sE or tN dusrRiAL W AsTE Ar th16 LOc r10 ,►. RESPa-twothl 900420 DEC Ig 1989 Dec , �e CMS S e I c kl aSweid et pima, gommiss ; 1 A tJszs-rinSG 1 RPciPQds TO TIDE UP Co M t 1J C-i k nkt m ei c© i3 r tm36 R P tiA cT" APPL1uvrt oNi by Wo2161\1ThS Iasi i XD -FaeCi= t1�dus Ri AL i�1A r� UMdaQ PRescuta.L- Cf o t i tJ I ki zrE c_t 1 o tJ WELL kko vki iJ A s tI+LE S ucLk R2kk l ►� rEc-n bki l�ui✓LL xX 1 Lo«i r sr OP (-iC (ni,t; Aq Sz 1RoAd ( 9 Just DAcA-0o_ Z ReQL MIN-T.- I . As A PRO PEV T\l Caw Mei2 klePtz_ 1ts SITE iIPM &]o1- 60 l i d 1 L A-s ui tt p-r G voa&i-i oi6 rl�is Pef2Iunr cou2 do -ro Tivs Avelt . AJE ALL KIdcui [ F Tt6 Loci 1OkJ Wevc IJC.Ai2 C ve. fr4 (pRI Qutc Li scam-na1 FloU1 ( be_ (its-ro►2q ` V fnes0_ EIJVIRorkl MaJr4L 2kPisfs `ICI PeLKAC Lr'`lbk DPri ev Roe_ 900420 RALt1O-- -la ?Cr (F lAUAcc tr R(M1 t FWLV barAeig vo lr its t- eP (S TtAE DuMPI1Ja Ay-ovnds Foy LvevU uNsRvovy 'Muth Tl11skr aides ALat1/4)6 ! v2vU -i1n tK)61 Ftro ►✓A C&l3Posti C OF kospil ihl_ wAsTE tt \y i&Wt's O-St IF TLt-i loo uLc( LIQE TO si(1ii clowkkw rA-"notd G.oLclru6 ri; clot Lt N b Li Pay udiiR-r 1-4,02s1 et I 0 W ( La kcs/ FiWM H Thew s t TL LOLL -dike 4 cokAPEtJstk-T t1/4/1 ov °MEV cC kcn/ Ned lFvo PeVN o w td e vs Foy ` %AE L&tPtc kfl 0 OF net Ptc-nous kr. Cc LEI 11AOC \LE M A L EkVTk ► emo ills As t.JELL Prs you et UJA- PoLLu1n aid t_,lk \to 'En 2c I ct— aoAk in Es 900420 Wit ME C VOUt tr Gu1LL sLRFACM Me wk EN Dail 1At5 PevMtr. - kes P Eritz uLb/ VoGEv Roo-FAIL KAAlc Cc3IL l4 ht PN 52_ rr Lrr , QiLD , cag 940420 DEPAP" 1ENT OF PLANNING SERVICES ,` PHONE(303)356-4000 T.4400 915 10 10thh STREET GREELEY,COLORADO 60631 O 7OcT30 ' !C.COLORADO Weld C6" DI3nn161; t"91n61iSSi0o' CASE NUMBER USR-893 October 13, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Wrights' Disposal, Incorporated, for a well injection facility (brine water and non-hazardous waste water) located in the A (Agricultural) zone district. The parcel of land is described as part of the SW} SW} NE} of Section 10, TIN, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2.5 miles southeast of the Town of Dacona, approximately 2.5 miles southwest of the City of Fort Lupton, approximately 1/2 mile east of Weld County Road 19, and approximately 1 mile south of State Highway 52. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 30, 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. 1 We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Pleas refer to the enclosed letter. Signed: / al Agency: Aqf/rl e� 1 * 7 # /IJ/oc Date: /0 26. B9 / 9O3420 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C� COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, March 20, 1990, at 1 :30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review Permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. �f APPLICANT: Wright's Disposal, Inc. , c/o Jim Wright LEGAL DESCRIPTION: Part of the SW} SW} NE} of Section 10, TIN, R67W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: Injection well for disposal of Class I and Class II liquid wastes LOCATION: Approximately 2. 5 miles southeast of the Town of Dacono, approximately 2. 5 miles southwest of the City of Fort Lupton, east of Weld County Road 19, and south of State Highway 52. SIZE: 2 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on March 20, 1990. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Ernie Ross, Chairman Weld County Planning Commission To be published in the New News To be published one (I) time by March 10, 1990 Received by: ya Date: cr 61/40 900420 SURROUNDING PROPERTY OWNERS WRIGHTS DISPOSAL, INCORPORATED Suckla Farms, Inc. 4468 Weld County Road 19 Fort Lupton, CO 80621 Robert J. Brown 455 Lookout Mountain Circle Paradise Hills Golden, CO 80401 Jerry A. and Beverly A. Lambrecht 5535 Weld County Road 23 Fort Lupton, CO 80621 Howard E. , Jr. , and Elaine M. Binder 6055 Weld County Road 23 Fort Lupton, CO 80621 Elinor and Carol e. Holland Nancy Holland Copple c/o Elinor Holland Letcher, SD 57359 Ronald W. and Margie I. Haake 5387 Weld County Road 19 Fort Lupton, CO 80621 Rocky Mountain Fuel Co. Del Corp 910 15th Street, #756 Denver, CO 80202 Phillip E. Camenisch 10504 Weld County Road 7 Longmont, CO 80501 Robert G. Burge 125 South 22nd Avenue, #4 Brighton, CO 80601 Marguerite M. batemar 256 4th Street Fort Lupton, c0 80621 90420 PAGE 2 Panhandle Eastern Pipeline Company P.O. Box 1348 Kansas City, MO 64141 Badding Estates 3871 Weld County Road 21 Fort Lupton, CO 80621 Amoco Production P.O. Box 800 Denver, CO 80201 900420 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # Frank J. Suckle 4468 Weld County Rd 19 6006488. Ft. Lupton, CO. 1wY Oa, [vhnkO,O ph c -0 . kr,Y %Cc') . ''S%,u,w. BOael 900420 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property SUCKLA FARMS INJECTION WELL #1 R. FACTT.TTTFC SATE 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 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the application submission date. The foregoing instrument was subscribed and sworn to before me this day ()Joker , 19 , by Sa.,,rs S, WITNESS my hand and official seal. My Commission expires: 9-"5' 0 afeleNot Pu li�1% 91,0420 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property SUCKLA FARMS INJECTION WELL #1 & FACILITIES 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 minerals 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, from an ownership update from a title or abstract company, or an attorney. /h The foregoing instrument was subscribed and sworn to before me this 9 day of October , 19 , By 3441es . Wr fAi� WITNESS my hand and official seal. My Commission expires: c i--90 / 4x /a - Notary Pub is E .0420 14(O. - In- CJ oc) CjLA c CclGk sZ O- I - f� 44tg , !_9 F4 . L,, pAn Ca Goezi ne e ( o t c2 r rr r'•Cr ! I1 4 !O- - G,1 4 r• �+L C L\ a. ri• Ems. \ 4 1()- 1- (d1 oo--( c C.0 f , 45 LOr,1+.:0 , talk! Cr NOs cs' 5s s 03 0 o< o l Lap, .re&k 4 , Jerr. ; 7\ s c I*-. . A s !c e 2 V--I. L� � Co boles 21 t1 tf a 1 E . �r t E\ ' c• M � 7t`J ��ndCr , '�JwC.r() Q wGj r ) l� inDr 7 L° '°\ E C}} to E' irar }_ .a ,r� Le1cVc►. i S 6 4. v 00 010 ` a.�,e 1 R0 rto,.\r, • MO vci, re, L 538 k.(.2 , 9 ,0420 - L .. c- t .-. (o �3..., Z ��. ,,. l Co (De'v Care CFD a Co 00-3 c)10 1c-- ',r U� . -1: Der\ver aO2-3 .✓ ooe tt� rr e > -s'dA0- 2 a2, 0 03 f7� C8 ovr�ers5 � ` � A\ I � P L . o5o4 k4(a - � Vs? i� 1\k-t- S- IS Loro J 9)0`,...).31 \Tt4 Aar-Re 11 a co 00 \ k,, (ce , obcr4 G 25 c+ 4G-rcC A,(P 4-- /"'o.i!2 u e r -4-e vv/1 CAT Cori At, Q6(] -tcr1S i' r H �((.. �.,- Cl 4, ^410 ;20 Le Co a rte WET COUNTY, COLORADO, SOUTHERN PART 13 only limiting features are the rapid permeability in the Typically the surface layer is brown gravelly sandy substratum and the resulting hazard of ground water con- loam about 9 inches thick. The upper part of the underly- tamination from sewage lagoons. Capability class I ir- ing material is pale brown and light yellowish brown very rigated. gravelly sandy loam about 22 inches thick. The lower part 12—Bresser sandy loam, 1 to 3 percent slopes. This is to a depth of 60 inches is light yellowish brown very a deep, well drained soil on terraces at elevations of 4,700 gravelly sand. A layer of strong lime accumulation 22 to 4,800 feet. It formed in alluvium deposited by the inches thick is below the surface layer. South Platte River. Included in mapping are small areas Permeability is moderately rapid. Available water of soils that have sand and gravelly sand in the lower capacity is moderate. The effective rooting depth is 60 part of the substratum. inches or more. Surface runoff is slow to medium, and the Typically the surface layer is grayish brown sandy loam erosion hazard is low. about 11 inches thick. The subsoil is brown and yellowish The potential native vegetation is dominated by little brown sandy clay loam about 18 inches thick. The sub- bluestem, sideoats grama, sand reedgrass, blue grama, stratum to a depth of 60 inches is loamy sand. hairy grama, switchgrass, and needleandthread. Potential Permeability and available water capacity are production ranges from 1,200 pounds per acre in favora- moderate. The effective rooting depth is 60 inches or ble years to 700 pounds in unfavorable years. As range more. Surface runoff is medium, and the erosion hazard is condition deteriorates, the tall and mid grasses decrease, low. blue grama and hairy grama increase, and forage produc- This soil is used almost entirely for irrigated crops. It tion drops. is suited to all crops commonly grown in the area, includ- Management of vegetation should be based on taking ing corn, sugar beets, beans, alfalfa, small grain, potatoes, half or less of the total annual production. Seeding and and onions. An example of a suitable cropping system is 3 mechanical treatment are impractical. Deferred grazing is to 4 years of alfalfa followed by corn, corn for silage, a practical measure in improving range condition. sugar beets, small grain, or beans. Land leveling, ditch Windbreaks and environmental plantings are suited to lining, and installing pipelines may be needed for proper this soil. Low available water capacity and high calcium water application. content are the principal hazards in establishing trees and All methods of irrigation are suitable, but furrow ir- shrubs. Weed control is needed to insure establishment rigation is the most common. Barnyard manure and com- and survival of plantings. Supplemental irrigation also mercial fertilizer are needed for top yields. may be needed to insure survival. Trees that are best Windbreaks and environmental plantings are generally suited and have good survival are Rocky Mountain ju- suited to this soil. Soil blowing, the principal hazard in niper, eastern redcedar, ponderosa pine, and Siberian elm. establishing trees and shrubs, can be controlled by cul- The shrubs best adapted are skunkbush sumac and lilac. tivating only in the tree row and by leaving a strip of Wildlife uses are very limited because this soil lacks vegetation between the rows. Supplemental irrigation potential for producing necessary habitat elements. may be needed at the time of planting and during dry Because most of the acreage is rangeland, only rangeland periods. Trees that are best suited and have good survival wildlife, for example, scaled quail and antelope, are typi- are Rocky Mountain juniper, eastern redcedar, ponderosa cal. Extreme care is needed in managing livestock grazing pine, Siberian elm, Russian-olive, and hackberry. The in order to provide suitable habitat on this soil. shrubs best suited are skunkbush sumac, lilac, and Siberi- Steepness is the most limiting soil feature that must be an peashrub. considered in planning homesites and the construction of Wildlife ec is h important mourning n dove,dary use of many tn soil.- roads. Other limiting features are the rapid permeability Ring-necked pheasant, and non- in the substratum and the resulting hazard of ground game species can be attracted by establishing areas for water contamination from sewage lagoons. Site prepara- nesting and esce cover. For pheasants, undisturbed tion for environmental plantings such as lawns, shrubs, nesting cover is essential and should be included in plans _ for habitat development, especially in areas of intensive and trees is difficult because of the high content of gravel agriculture. and cobbles. Capability subclass VIIs nonirrigated; Gravel This soil has good potential for urban and recreational breaks range site. development. Lawns, shrubs, and trees grow well. The 14—Colby loam, 0 to 1 percent slopes. This is a deep, only limiting features are the rapid permeability in the well drained soil on uplands at elevations of 4,850 to 5,050 substratum and the resulting hazard of ground water con- feet. It formed in calcareous eolian deposits. tamination from sewage lagoons. Capability subclass IIe Typically the surface layer is pale brown loam about 12 irrigated. inches thick. The underlying material to a depth of 60 13—Cascajo gravelly sandy loam, 5 to 20 percent inches is very pale brown silt loam. slopes. This is a deep, excessively drained soil on terrace Permeability is moderate. Available water capacity is edges and upland ridges at elevations of 4,600 to 5,200 high. The effective rooting depth is 60 inches or more. feet. It formed in very gravelly calcareous alluvium. In- Surface runoff is slow, and the erosion hazard is low. eluded in mapping are small areas of soils that are shal- This soil is used almost entirely for irrigated crops. It low or moderately deep over sandstone and shale. is suited to all crops commonly grown in the area includ- 9C0420 48 48 w 7 v2 ,� , � ;'j :"x,.80 4 �� i +\ml.aR •h i�^'y 'y.e t.i e≥ J^4• ';?�Fl iw i IA^5 a .oir 4vr%41 slog te4y 47 .: ak sulk- t � .-. S -:t g,,,',7'24.11(;)„..:4.7" , 'l a ,�Ff _ `¢ .. ' x 41 "yoR y "(. t r �➢� j �� x, �h p k . 2 i c y Jl7 -Yr j' 11A W '! n , xr 4,Y`�' ''c� pr , ei b��1 f w�Nrdu r5y✓' -.. 62 ..f "�i""f" TM erof ':.. yt� rF rrcN ' (S1 � t 7' az 4 fs - `' t .a4 i, s� ; r t �t ! � a ` s a ;1 +s 59,1, \ � t 11 a 44 t . lit%t w ..tr $ 83 44 ,59 .f�L pp eczt, } • ts E:- :e1 ��"'+ ± vY-.'•� yam"- fi+'$4 y' • yk. .r ii '", 3 y = .o xt e ..'"'` t /{ x 67 . . L* r4 "e ..- 3,. -. ' Td'44 . .. Y ^y CrTA ., �.,,, + L vl J .�, y . _ A • 'g4 l " !lSSSSSS .184. x \ 59 te. at 4 a -=- it. `L J i' y !LI - 41r.��t {LaafthalArld ' .t. . IFIA..... .:1 , I + ..roM1 N .. ' •. 5 h ✓. .p.np- Fri 3,4 f s ` ' 4'J! A,r. ix is k` '� ' 4� 1 ... .s.' t o 'SC:4 g tom` .._.,, 1 " ":'-. p 1 t"5 p jj .. GENERAL LEASE Lease made this ( 611"I day of May , 1989 between Suckle Farms , Inc . , 4468 W.C.R. #19 , Fort Lupton , Colorado , hereinafter referred to as "Lessor " , and Wright ' s Disposal , Inc . , a Colorado Corporation , 1892 Denver Avenue , Fort Lupton , Colorado , hereinafter referred to as "Lessee" , to wit : 1 . Lessor hereby leases to Lessee or his assigns the premises described as a tract of two acres or less , located in the Southeast Quarter of the Northwest Quarter of Section 10 , Township 1 North , Range 67 West of the 6th P .M. , Weld County , Colorado , 2 , 020 feet from West line , 500 feet from South line, such being the identical premises previously leased by this Lessor to Amoco Production Company . Said lease to include all tanks , wells , and other improvements located on such premises. 2 . Lessee intends to utilize such premises as a location for - an injection well for the disposal of brine water and shall therefore drill a new well to an approximate depth of 9 , 500 feet for the purpose of injecting brine for disposal into the Lyons formation . 3 . This lease shall be expressly contingent upon Lessee obtaining all permits as required, if any , from Weld County and from the Colorado Oil and Gas Commission , or any other local , state of federal agency having jurisdiction . 4 . Prior to commencement of any drilling operations , Lessee shall pay to Lessor the sum of Two Thousand Five Hundred Dollars ($2 , 500 . 00 ) as and for compensation in full for all surface damages to the premisesresulting from Lessee ' s occupancy and drilling operations on said premises , which amount Lessor accepts as full and final payment , in advance , for any and all such damage . Payment once made shall be non-refundable . 5 . The initial term of thisLease shall be for that period from the date of this Agreement until Lessee shall complete the drilling of the well to be placed on the premises . No rent shall be required during this period . Lessee shall diligently pursue completion of drilling of such well . - 6 . Commencing with Lessee ' s first injection of brine into the well to be drilled by Lessee , Lessee shall pay to Lessor the sum of Two Thousand Five Hundred Dollars ( $2 , 500 .00 ) per year as rent for the premises . Such rent is to be paid in monthly installments of $208 . 34 , commencing within thirty ( 30 ) days of drilling of injection well and continuing on the first day of each month thereafter until Lessee shall no longer be able to operate such well in a reasonable , economical manner as determined by Lessee in Lessee ' s sole judgment , but in no event for a term no longer than ten ( 10 ) years from the date of first injection of brine into the well . Second 10 year lease to be renegotiated with a cap of $416 . 68 per month. Suckla Farms , Inc. shall be entitled to 124% of any oil produced from injection well . -1- , 9C0420 7 . Lessee may assign or transfer this lease so long as such assignment or transfer shall be to a firm or entity in which Charles Wright -shall have a substantial proprietary interest . 8 . Lessee or his assigns , shall as an express condition of this Lease, continuing throughout its term, indemnify and hold Lessor harmless from any and all liability for claims , damages , or other injury of any sort , arising out of or occasioned by Lessee ' s use of the premises , including but not limited to any claims or suits related to disposal of brine water on the site . Indemnification shall include reimbursement to Lessor for costs and reasonable attorney ' s fees incurred in defending or responding to any such claims , whether or not such claims have merit . 9 . In the event of default by Lessee in any of the terms or - conditions of this Lease , Lessor shall be entitled to terminate this Lease upon notice to Lessee as provided by law, and to . possession of the premises . In the event suit shall be required for eviction , Lessor shall be entitled to recover reasonable attorney ' s fees and costs , if successful . - - 10 . Upon termination , Lessee shall be responsible for_ cost of -capping all wells on the property and restoring the surface of the premises to the condition as found on the date of this lease , reasonable ordinary -wear- and tear accepted. Lessee shall be allowed to remove all trade fixtures from the premises . 11 . Lessee shall have the right to install a 14 ft . by 40 ft . flat steel tank on the Southwest corner of facility . Lessee will also be allowed to remove or repair existing equipment at the -facility . 12 . This Lease shall inure to the benefit of the parties , their heirs , representatives and lawful assigns . IN WITNESS WHEREOF the parties have executed this Lease in Weld County on the day and year first above written. SUCKLA FARMS , INC. BY Frank J. Suva, Lessor WRIGHT ' S ISPOSAL, INC. , A Co ra o Corporation' �� BY %'� (/�' l�i�'6 - A J Charles Wright , Lessee -2- 900420 STATE OF COLORADO ) ss . COUNTY OF WELD ) SUBSCRIBED and sworn to before me this AOi* day of May , 1989 , Suckla Farms , Inc . by Frank J . Suckla. My commission expires : 444'5' �I tary Public STATE OF COLORADO ) ) ss . COUNTY OF WELD - ) SUBSCRIBED and sworn to before me this /o14 day of May , 1989 by Wright ' s Disposal , Inc . , a Colorado Corporation by Charles Wright . My commission expires : / otary Public _3_ 00420 `tea AMOCO Amoco Production Company Denver Region 1670 Broadway P.O.Box 800 Denver,Colorado 80201 303-830-4040 June 6, 1989 Wright's Disposal, Inc. 1892 Denver Avenue Fort Lupton, CO 80621 Attention: Charlie Wright Gentlemen: Water Disposal Well Township 1 North, Range 67 West Section 10 : SE/4 NW/4 Weld County, Colorado Amoco Production Company ( "Amoco" ) has reviewed Wright' s Disposal, Inc. ( "Wright' s" ) letter of April 11, 1989, regarding the drilling of a water disposal well in the above referenced land. Amoco is willing to allow the drilling of said well by Wright' s, subject to the following terms and conditions : 1. Amoco hereby consents to the drilling by Wright' s of a 9, 700 foot Lyons formation water disposal well upon Amoco' s leasehold located in the SE/4 NW/4 of Section 10-T1N-R67W, Weld County, Colorado. Said disposal well shall be commenced on or before August 1, 1989, at a legally permitted location upon the above referenced land and diligently drilled to the total depth provided for above or to a depth sufficient to test the Lyons formation, whichever is the lesser. Said disposal well shall be drilled at no cost, risk, or expense to Amoco, except as specifically provided for hereinbelow. 9..0420 Wright's Disposal, Inc. June 6, 1989 Page 2 2 . Upon reaching total depth in the disposal well, Wright' s agrees to comply with the requirements of and provide Amoco the geological information for the disposal well as described on the attached Exhibit "A" which is attached and made a part hereof. Should such well not be productive of hydrocarbons from the Lyons formation, Wright's may proceed to complete such well as a water disposal well in accordance with applicable State and Federal regulations. Should such formation be capable, in Amoco' s opinion, of hydrocarbon production, Amoco shall have the option, at Amoco' s sole election, of taking over operations on said well in order to attempt a completion. If Amoco elects to take over operations, Amoco shall reimburse Wright's for one hundred percent (100%) of well costs incurred up until the takeover date and Wright' s shall have no further interest in the well thereafter, or, in the alternative, Amoco may farmout its interest in such productive formation as to the drillsite spacing unit for such well with Amoco to reserve a seven and one-half percent of eight-eighths (7. 5% of 8/8 ) nonconvertible overriding royalty. Amoco and Wright's hereby approve and confirm all the terms, covenants and conditions set forth in Exhibit "B" and agree that the assignment of the subject lands shall be subject to and in accord- ance with the terms, covenants and conditions thereof. Amoco shall make such election within forty-eight (48) hours of its receipt from Wright's of all geological requirements provided for in Exhibit "A" attached hereto. 3 . Amoco shall only be required to provide Wright' s with actual lease assignments if the well is productive and Amoco elects to farmout its interest to Wright's, as provided above, and shall only cover rights as to the stratigraphic equivalent of such productive forma- tion. Amoco shall make no warranties, of any nature, as to such assignments . Should Amoco elect to take over such well or should Wright' s proceed to complete the well as a water disposal well, Wright' s will receive no actual assignment from Amoco. Amoco hereby provides such evidence as may be required by Wright's to demon- strate Amoco' s consent for such well to be drilled and operated by Wright' s on Amoco's leasehold. 9L0420 Wright' s Disposal, Inc. June 6, 1989 Page 3 4. Wright' s hereby grants to Amoco a preferential right to dispose of Amoco' s water in the subject well. Such preferential right may be exercised by Amoco at any time, at all times, and from time to time. 5. During a period of three (3 ) years from the execution date of this Agreement, if Amoco elects to exercise its preferential right, Amoco shall use the following formula for the cost charged to Amoco for each barrel of water disposed into the subject well: $ .46 (N) - ( . 005 ) (N X P) N = number of barrels of water disposed P = 1/2 posted price of one (1) barrel of oil. 6 . Notwithstanding the provisions of paragraph 4 and 5 above, Wright's shall dispose of a quantity of Amoco' s water up to one hundred percent (100%) of the well ' s capacity. Amoco shall not be obligated in any way by this Agreement to dispose of its water in the subject well. 7 . Wright' s shall fully defend, protect, indemnify and hold Amoco, its employees and agents harmless from and against all claims, demands, suits and causes of action of every kind and character, including reason- able attorney' s fees and costs of investigation, which may be made or asserted by Wright's, its employees, agents and subcontractors, or by any third parties, including Amoco' s employees and agents, on account of personal injury, death or property damage, including claims for pollution and environmental damage, any fines or penalties assessed on account of such damage, and causes of action alleging statutory liability, caused by, arising out of, or in any way incidental to the operations of Wright' s conducted under the terms of this Agreement or in connection with the performance of work by Wright' s, its employees, agents or contractors hereunder. If the above general terms and conditions are acceptable, please so indicate by dating and signing below and return one (1 ) original of this letter to Steve Stacy at the 9K0420 Wright' s Disposal, Inc. June 6, 1989 Page 4 above address on or before June 23 , 1989. This proposal is subject to the execution by both parties hereto of a formal agreement incorporating the provisions hereof along with other mutually agreeable provisions . Very truly yours, AMOCO PRODUCTION COMPANY :fi>' SRS/mlm 1Kaa Attachment ACCEPTED and AGREED TO this ,7 day of21=-Iti-1,- 1989 . WRIGHT' S DISPOSAL, INC. By �L"'re= c!' /i /yc-c rj/:/ Title ` ?� LTR160 DEPARTMENT OF PLANNING SERVICES Kit PHONE(303)356-4000,EXT.4400 I 91510th STREET GREELEY,COLORADO 80631 C� COLORADO February 26, 1990 Jim Wright Wright's Disposal, Inc. 9270 Quitman Westminster, CO 80003 Subject: USR-893 - Request for a Site Specific Development Plan and a Special Review permit on a parcel of land described as WI SW} NE} of Seciton 10, TIN, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. Wright: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on Tuesday, March 20, 1990, at 1 :30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might 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 10 days preceding the hearing date. Sometime prior To March 9, 1990, you or a representative should call me to obtain a sign to be posted on the site no later than March 10, 1990. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility cf the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, S � ` " �f�r 900420 /S 7:4/ A. Schue Current Planner NOTICE OF PUBLIC HEARING The Weld County ty Planning Comulasion will hold mane 1989 a[1 n 'fl' eMara. 29, Od�cat Pin and aRe prap�e bebela of fApproor val [a th request e may_create a vested Ern;taw. pursuant to ON: Part of SW1/4 S L4 NE1/4 of Section ( OF RIP") R87U�SEd 8th P.M., �o•' iIoeal of and Clae R wastes. TION: Approximately 2.5 n southeast of the Town of 5 miles Da ata dr the tCaltt�y . of Fort Lupton east of ld County Road 19 and south of yyste Highway 52. ::a2p�acres,he mina or l"eec the Weld Counts.aring Commiisei bp oner s 8 Z C� Hearing Rude First C oo, Wenter, eld5 Tenth Street, Greeley, Colorado. CenStr the ahove�request should(4 related be Submitted in wntiag to the Weld County Department- of Planning \Ill Services, e Tenth Street, Room 3442 Greeley,B 915Co s 89821 halve the above date e or e presented at the public hearing on March 20, 1990. Copies of the application are the available for public Inspcection in Department Room M2, Weld CountylCnning Services, Centennial Center 915 Tenth Street, Greeley, Colorado 80831- (1 —776 _iC Phone-356-4000: Extension 4400. j �( Weld Ross,Chairman WelbdeCounty Passing New News ion '� PuMWW. in The m the New News March 8,1990. 71 1P5-cLi IIVP5:jt lCl' MAR 14 1990 , ui . wig Cu pia,..„.0,t ,r„o,,, e, 900420 May 10, 1990 Chairman Weld County Commissioners P. O. Box 758 Greeley , CO 80632 RE : Wright's Disposal , Inc . , request for Use by Special Review Permit for a well injection facility ( brine water and non- hazardous waste water ) located in the A (Agricultural zone district. The parcel of land is approximately 2 . 5 miles southeast of the City of Dacono, approximately 2 . 5 miles southwest of the City of Fort Lupton, approximately 1 /2 mile east of Weld County Road 19 and approximately one mile south of State Highway 52. The Tri-Area Planning Commission representing incorporated and unincorporated areas in southwest Weld County urge rejection of the above captioned application . We feel the following comments support such action. In the application in which Wright' s Disposal submitted , second paragraph , it states the facility will continue to be used for the injection of produced waters and industrial , non-hazardous waste water . This representation is incorrect in that a Class II permit allows the reinjection of petroleum waste water into the same formation or a commercial facility . However , a Class I permit allows unlimited hazardous or industrial water injected below underground drinking water sources. EPA , UIC Division, will issue the permit setting out the type of waste , and requiring periodic tests of contents and well integrity . In spite of testing , a geologic disturbance or chemical transmigration cannot be absolutely ruled out over the life of a hazardous , i .e. , toxic chemical . We understand Wright' s Disposal applied for a Class I permit, but withdrew at the request of your Commission because the types of industrial waste that were to be injected were not defined clearly . Although this Class II facility has been in operation since 1972 , this precedes the development of land use regulation and the current environmental concerns targeted for the 1990' s . Weld County Zoning Ordinance (March 22 , 1988 ) pages 20-18 , paragraph 24. 1 . 1 refers specifically to existing and planned neighborhood uses. The Weld County Comprehensive Plan (September 22 , 1987 ) page 79 , paragraphs 7 and 8 specifically refer to hazardous waste facilities and the future planned development conflicting with this type of facility . 900420 �._ Chairman Weld County Commissioners May 10, 1990 Page 2 We feel that approval of this application is inappropriate when environmental concerns are receiving increased scrutiny by communities and individuals. Respectfully, Tri-Arfef , arming Co is ion Jax._ •r.� , i e Chair, Member-at-Large Risk Patterson , Mayor, Town of Firestone tRil, ,a44,, ,,,A Mar ' 'Agostino, Lay-Person , Firestone /..' Diana Spuri 'ng, Memb+r-at-Largl Lo s Evezch , nincorporated Evanston /-/ 7"(E(//)(01 //e(h- Lisa DiGial on r o. Lay-Person, Frederick 13_a__ . Bill Schroeder, Council Member, Town of Frederick 960420 BAKER HOSTETLER COUNSELLORS AT LAW IN CLEVELAND OHIO IN ORLANDO FLORLw 3200 NATIONAL Crry CENTER Suns 1100 2300 SUN BANK CENTER CLEVELAND,OHIO 44114 303 EAST 17TH AVENUE 200 SOUTH ORANGE AVENUE (216) 621-0200 DENVER, COLORADO 80203 ORLANDO FLORIDA 32801 (303) 861-0800 (407)6494000 W CORanaRUS.OHIO TELECOPIER(303) 881-7805 CAPITOL SQUARE IN WASHINGTON,D.C. 65 EAsr STATE STREET WASTmR.TON SQUARE.SurrE 1100 COLUmaus.Om 43215 April 11, 1990 1050 CONNECTICUT AVE.,N.W. (814)228-1541 WASHINGTON,D.C. 20036 (202)861-1500 The Board of County Commissioners Weld County 915 Tenth Street Greeley, CO 80631 Re: Case No. USR-843 Applicant: Wright's Disposal, Inc. Request for Continuance of Hearing Before the Weld County Board of County Commissioners Currently Scheduled for April 18, 1990 Dear Commissioners: Our law firm represents applicant Wright's Disposal, Inc. in all proceedings before Weld County to obtain a Special Review Permit for their injection disposal well located in Weld County. Please accept this letter as a request for a continuance of the hearing presently set before the Board of County Commissioners on April 18, 1990. In requesting this extension of time, the applicant hereby waives any objection it may have to proceedings conducted by the Board of County Commissioners more than 45 days after receipt of the Planning Commission Recommendation in this matter. On March 20, 1990, the Weld County Planning Commission held its regular meeting and considered the request by the applicant for a Special Review Permit to continue operations as an injection well for disposal of Class 1 and Class 2 liquid wastes as defined in the Code of Federal Regulations. The disposal facility is an existing use in an area zoned as an agricultural district. Testimony and other oral and written information was presented before the Planning Commission in support of the requested permit. At the conclusion of the hearing, the applicant withdrew its request for permission to dispose of Class 1 industrial waste in the injection well and limited its request to permission to continue to inject saltwater, as a by-product of oil field production, into the injection well. The Class 1 application will be resubmitted when Wright's Disposal obtains the required approval of the Federal Environmental Protection Agency for disposing of Class 1 wastes in the well. On the recommendation of the Department of Planning Services staff that the request be approved, the attached Resolution of Recommendation to the Board of County Commissioners was passed by the Weld County Planning Commission. A review of the attached Resolution shows that there have been numerous and substantial conditions placed upon the recommendation for approval. Wright's Disposal takes issue with several of the conditions which are currently recommended and needs additional time to fully present its testimony, exhibits and argument on those points. We are primarily opposed to the 900420 Yit'F'r f BAKER & HOSTETLER The Board of County Commissioners Page 2 4/11/90 recommended condition that within 60 days of approval by the Board of County Commissioners, a microseismic monitoring program designed by a geophysical firm experienced in earthquake seismology and approved by the Colorado Geological Survey be submitted to the Department of Planning Services and within another 30 days, be installed and operating at the well-site for the entire 10-year life expectancy of this disposal well. It is the applicant's position that this condition, as currently written, is unnecessary to protect the health and welfare of the citizens of Weld County. It is prohibitively expensive, economically unfeasible and constitutes an unreasonable restraint on their use of the land. Immediately following the Planning Commission's meeting held on March 20, 1990, we approached the Colorado School of Mines' Geophysical Department and sought their opinion as to whether a microseismic monitoring program is necessary at the well-site and if so, how it could best be designed and implemented. They have agreed to work with us on this matter. Their research proposal and contract for employment will be drafted by late April. They anticipate that they can place a microseismic monitoring device at the well-site by early May. This device will provide us with valuable data as to whether there is any unusual or abnormal seismic activity in the vicinity of the well. Additional time will then be necessary to obtain seismic data during the injection process and to analyze the results. The geophysicists are also in the process of collecting pressure data from our injection well and plan to use it to ascertain the likelihood that continued injection operations, as currently regulated by the Colorado Oil and Gas Conservation Commission, could produce the pressures necessary to trigger seismic activity. The search for and analysis of additional geological information for the area in the immediate vicinity of the wellhead is also a task which cannot be completed by April 18, 1990. The applicant, Wright's Disposal, Inc., is proceeding in good faith to address the conditions and concerns raised by the various entities and individuals who have reviewed our application. This is a complex situation which requires additional time and information before a reasoned presentation can be made and an informed decision reached by the Board of County Commissioners. Wright's Disposal, Inc. therefore requests that the hearing currently scheduled for April 18, 1990 be continued and a new hearing be set in late June of 1990. This injection well has been operating as a disposal facility for the saltwater by-products of oil field production since July of 1989 without incident or seismic activity. The approval of the Special Review Permit is critical to the continued economic viability of Wright's Disposal, Inc. and deserves a full and fair opportunity to present our case in support of approval. Respectfully submitted, C. 114 Kurt C. Weiss KCW/dp 900420 Schmanski Funeral Home 806 DENVER AVENUE FORT LUPTON, COLORADO 80621 (303) 857-2290 BERNARD T. SCHMANSKI April 18, 1990 To Weld County Commissioners: I am here today representing the citizens of Fort Lupton,Colorado. I am aware of the mass of technical data that has or will be presented stating how safe this injection well is. I am certain that citizen objection will be supported by limited engineering data. The cost of procuring that data is prohibitive to an individual citizen. The city of Fort Lupton currently has two of its seven municipal well contaminated by a petroleum pollutant known as P.C.E. The Environmental Protection Agency has pinpointed the site of pollution and has indicted that the amount could be as minute as a single barrel. It is a fact that it was a surface spill, but unknown if it was accidental or intentional. It is time that the Weld County commissioners understand that southern Weld County is an integral part of the entire County. We can no longer be the dumping ground for Denver and its suburbs. We oppose the issuance of the permit for several reasons: It has been or will be stated that there are no known faults in the injection zone. No engineering data is available that states the area is free of faults and earthquake activity is impossible. The well company stated as a public hearing at Dacono, Colorado in January 1990 that they had statutory immunity from earthquake liability. Any surface or subsurface leak of waste will become a part of the Platte River Valley groundwater. Ultimately it will become a part of the drinking water of Fort Lupton, Platteville, Gilcrest, La Salle and Evans. Even a cup of spill in the well area will become a part of Fort Lupton drinking water. We have wells on the west side of the Platte River. We all will be assured of the "fail safe* engineering incorporated into this well. But I am sure that the survivors and victims at Bopahl, India, and Chyrnoble, Soviet Union have reason to question such systems. And the families of the Challenger crew certainly have some questions about the state of the art engineering data that made their loved ones headlines and statistics. But lets get closer to home. Just us south of us, at La Salle, in Weld County several years back there was an explosion and fire, I sure each of you can remember that. I know that we can depend upon the petroleum Industry to clean up its errors, take the Exxon Valdez for example. Those pristine areas of Alaska are gone forever. The Petroleum industry is really in question about its effort to clean up its mess there. We can not afford to depend upon engineering data or bonds. This is sort of like A.I .D.S. , abstinence is the only sure method. Today your decision will affect the domestic water of the developing area of southern weld county. I urge you to protect our future drinking water by denying this permit. i regret that I am not able to deliver this in person, but I am a member of a committee meeting with the Northern Water Conservancy District in an effort to secure pristine water for our citizens because of previous contamination. If your judgement is that we absolutely need this well, and it is safe, I urge you to relocate it. Put it in the center of the Weld County office courtyard. You;. truly, •�� Q B rnard T. Schmanski, Mayor City of Fort Lupton, Colorado • 900420 POSITION PAPER TO: Weld County Planning Commission FROM: Wright's Disposal, Inc. RE: Application for a Special Review Permit for an injection disposal well/ Case Number USR-893 DATE: March 20, 1990 Summary Of Argument The applicant believes that the special review permit request should be granted as recommended by the Weld County Department of Planning Services, with several modifications to the conditions that are proposed to accompany the permit. The existing and proposed use of the land is consistent with the Weld County Comprehensive Plan and the uses of the area under existing zoning regulations. The injection well disposal system poses no threat to the health, safety or welfare of the residents of Weld County and would, in fact, assist the county in ensuring that waste products are disposed of in the best possible manner. Unreasonable and unduly restrictive conditions on the use of the subject land as a disposal facility should not be imposed upon the applicant. I. THE USE OF THE FACILITY AS A DISPOSAL SYSTEM FOR SALTWATER BY-PRODUCTS OF OIL AND GAS PRODUCTION IS A PRE- EXISTING USE. This portion of the argument concerns the use of this facility as a disposal facility for the injection of salt water by-products of oil and gas production only. These are the only materials that have been placed down this well to date, and the only materials which will ever be placed down this well until approval has been received from the Environmental Protection Agency to utilize this facility as a Class I disposal well and a Special Review Permit is approved by the Weld County Board of County Commissioners. The applicant agrees that the use of the facility for disposal of Class I waste is a change in use from the past and current practice of disposing of oil and gas production by-products down the well. The applicant further agrees EXHIBIT 900420 jtc �,5 that the use of the facility for the disposal of Class I waste requires a Special Review Permit under the current Weld County Zoning Ordinances. The use of the facility to dispose of oil and gas production by- products pre-existed the August 25, 1981 effective date of Zoning Ordinance #89. Amoco had been using the facility to dispose of these types of materials down hole since approximately 1975. It appears that at one point in time, this use of the land was permitted as a matter of right in an Agricultural zone district. (See the Weld County Non-Conforming Use Fact Sheet attached hereto as Exhibit A) In approximately 1982, the zoning ordinance was amended and the disposal of oil and gas production waste products become a use that required a Special Review Permit in an A zone. (Section 31.4.2) Weld County has clearly taken the position that the use of the land in this manner was an existing non-conforming use which had a right to continue as long as the use was not extended, enlarged or changed. (See Section 73 and the letter from the Weld County Department of Planning Services dated May 9, 1989 attached hereto as Exhibit B) The applicant relied on this letter as confirmation that the drilling of the new well was permitted under the zoning ordinances and preceded to commence drilling and completing the well at a cost of approximately $300,000.00. Section 76 of the zoning ordinance provides that a use of land which exists at the time of the adoption of the ordinance or amendment and which would require a Special Review Permit shall not be considered a non-conforming use, but should be considered as having received a Special Review Permit as of the time of the adoption or amendment. This would allow the use to continue so long as it is not changed, enlarged or expanded. The Planning Commission is permitted to authorize development standards for any such use, to insure that there is a continuity of operation and continuity of any prior conditions imposed upon the use. If a change in the use is contemplated by the owner, a new Special Review Permit is required. The use of the facility to dispose of oil and gas production by- products has not changed, to any significant degree, since the facility was first opened and operated by Amoco. While the applicant did drill a new well to a depth of approximately 9200 feet to use for the disposal of waste, the extent of the operation has not been enlarged. Approximately the same number of trucks deliver waste to the site on a daily basis now as in 1986 and 1987 when Amoco was 900420 operating the facility. (10.25 currently to 9.75 trucks per day in 1987) Continuity of the operation has been retained and the new conditions recommended to be imposed upon the operation, even as an oil and gas production waste disposal facility only, go well beyond those which would be necessary to ensure continuity of the operation in the future. The use of this facility as a disposal well for the injection of oil and gas by-products should be considered to have received a Special Review Permit as of the time that the ordinance was amended in 1982 and since the use has not been enlarged or expanded, the unduly restrictive conditions now recommended to be imposed on the facility even if it does not ever become a facility for Class 1 disposal, should not, and cannot be approved. I I. THE WELD COUNTY HEALTH DEPARTMENT AND THE COLORADO GEOLOLOGICAL SURVEY SHOULD NOT REGULATE SOME ASPECTS OF THIS FACILITY UNDER THE DOCTRINE OF PRIMARY JURISDICTION. Under the conditions recommended by the Department of Planning Services to be imposed upon the operation of this facility as a Class I or Class II disposal well, the Weld County Health Department and the Colorado Geological Survey will have certain approval authority over the operation of the facility. When conflicting governmental agencies or entities have an arguable claim to exercise jurisdiction or regulatory power over something, the doctrine of primary jurisdiction provides that the agency or entity with the greatest expertise or ability to regulate the given activity should exercise its power and all other agencies or entities should abstain from exercising similar authority. In this case, it is clear that the use of this facility to dispose of oil and gas production by- products is regulated by the Colorado Oil & Gas Conservation Commission and the regulation of the facility as a Class I disposal well is vested in the Federal Environmental Protection Agency. (See the letter from the Colorado Department of Health to the Weld County Department of Health dated January 5, 1990 attached hereto as Exhibit C) The Oil & Gas Conservation Commission reviewed the application for a permit to drill the well in question and have conditioned it's use as a disposal well for saltwater with various operating requirements. (See the Permit to Drill and Approval to Utilize as Injection Well attached hereto as Exhibit D) The federal EPA is reviewing the application to use the well as a Class I disposal 900420 well and will regulate any such use under the provisions of Section 40 of the Code of Federal Regulations and the Underground Injection Control Program. This dual regulatory scheme is comprehensive in nature. The conditions on approval of this application, as proposed by the Department of Planning Services invade the existing regulatory scheme described above, in several instances. Examples of this include, but are not limited to, the requirement that the Colorado Geological Survey approve a system of microseismic monitoring at the well site and that the Weld County Health Department review and approve every type of waste which is received by the facility and approve the laboratory which will analyze samples taken from the waste. The Oil & Gas Conservation has approved the Class II waste types that are allowed and will continue to do so. The federal EPA has and will continue to approve each and every type of Class I waste to be disposed of at the facility and will require that samples be analyzed at laboratories which are on their approved list. The pressures created by the injection of materials into this well are regulated now and will continue to be regulated to ensure that seismic occurrences are not caused. The additional regulation by the Weld County Department of Health and the Colorado Geological Survey are unnecessary, costly and violative of the doctrine of primary jurisdiction. It is clear that the Weld County Department of Health has the authority to regulate other aspects of the facility which fall within their jurisdiction, such as the requirement of a septic system, noise and dust control, but they should not be required to regulate the actual operation of the well as a disposal facility. III. THE WELD COUNTY HEALTH DEPARTMENT AND THE COLORADO GEOLOGICAL SURVEY ARE PROHIBITED FROM REGULATING THE ACTUAL OPERATION OF THE DISPOSAL WELL UNDER THE DOC I1tINE OF FEDERAL PRE-EMPTION. This argument is similar to the statements set forth in Section II above, except that the doctrine of federal pre-emption is mandatory in its application. When a federal agency or the federal government has, pursuant to it's authority under the United States Constitution, assumed control and regulation of a given area by pervasively and thoroughly entering the area by a comprehensive scheme of regulation, any state or local governmental authorities 900420 who might otherwise similarly regulate the area, lose their ability to do so. The federal Environmental Protection Agency, through it's enabling statute and regulatory powers granted by Congress, has been designated and has assumed the authority to regulate the disposal of certain wastes through the use of injection wells. Section 40 of the Code of Federal Regulations sets forth a detailed comprehensive set of regulations which govern al aspects of the underground injection of waste. The conditions imposed on the continued use of the disposal facility, as set forth in the preceding section, constitute an impermissible intrusion into the power of the federal government to set and enforce regulations for such facilities. Not only is the proper federal governmental structure in place to regulate this disposal well, the EPA is currently in the process of doing so. Respectfully submitted, 741- c Kurt C. Weiss Baker & Hostetler 303 E. Seventeenth Ave. Suite 1100 Denver, Colorado 80203 (303)861 -0600 ATTORNEYS FOR APPLICANT 900420 POSITION PAPER TO: Weld County Board of County Commissioners FROM: Wright's Disposal, Inc. RE: Application for a Special Review Permit for an injection disposal well/ Case Number USR-893 DATE: May 16, 1990 Summary Of Argument The applicant believes that the special review permit request should be granted as recommended by the Weld County Department of Planning Services and the Weld County Planning Commission, with several modifications to the conditions that are proposed to accompany the permit. The existing and proposed use of the land is consistent with the Weld County Comprehensive Plan and the uses of the area under existing zoning regulations. The injection well disposal system poses no threat to the health, safety or welfare of the residents of Weld County and would, in fact, assist the county in ensuring that oil field waste products are disposed of in the best possible manner. Unreasonable and unduly restrictive conditions on the use of the subject land as a disposal facility should not be imposed upon the applicant. L THE USE OF THE FACILITY AS A DISPOSAL SYSTEM FOR SALTWATER BY-PRODUCTS OF OIL AND GAS PRODUCTION IS A PRE- EXISTING USE. This portion of the argument concerns the use of this land as a disposal facility for the injection of salt water by-products of oil and gas production. These are the only materials that have been placed down this well to date, and the only materials which will ever be placed down this well until approval has been received from the Environmental Protection Agency to utilize this facility as a Class I disposal well and the applicant reapplies for, and receives, a Special Review Permit to dispose of Class I wastes. The use of the facility to dispose of oil and gas production by- products pre-existed the August 25, 1981 effective date of Zoning Ordinance #89. Amoco had been using the facility to dispose of these types of materials down hole since approximately 1975. It appears that at one point in time, this use of the land was permitted as a matter of right in an Agricultural zone district. (See the Weld County Non-Conforming Use Fact Sheet attached hereto as Exhibit A) In approximately 1982, the zoning ordinance was amended and the disposal of oil and gas production waste products become a use that required a Special Review Permit in an A zone. (Section 31.4.2) Weld County has clearly taken the position that the use of the land in this manner was an existing non-conforming use which had a right to continue as long as the use was not extended, enlarged or changed. (See Section 73 and the letter from the Weld County Department of Planning Services dated May 9, 1989 attached hereto as Exhibit B) The applicant approached the Department of Planning Services before the drilling of the well and fully disclosed its intent to drill the well and use it for a salt water disposal well if no production was obtained. Wright's Disposal subsequently received the letter attached hereto as Exhibit B. The applicant relied on this letter as confirmation that the drilling of the new well was permitted under the zoning ordinances and preceded to commence drilling and completing the well at a cost of approximately $300,000.00. Section 76 of the zoning ordinance provides that a use of land which exists at the time of the adoption of the ordinance or amendment and which would require a Special Review Permit shall not be considered a non- conforming use, but should be considered as having received a Special Review Permit as of the time of the adoption or amendment. This would allow the use to continue so long as it is not changed, enlarged or expanded. The Planning Commission is permitted to authorize development standards for any such use, to insure that there is a continuity of operation and continuity of any prior conditions imposed upon the use. If a change in the use is contemplated by the owner, a new Special Review Permit is required. The use of the facility to dispose of oil and gas production by- products has not changed, to any significant degree, since the facility was first opened and operated by Amoco. While the applicant did drill a new well to a depth of approximately 9200 feet to use for the disposal of waste, the extent of the operation has not been enlarged. Approximately the same number of trucks deliver waste to the site on a daily basis now as in 1986 and 1987 when Amoco was 900420 operating the facility. (10.25 currently to 9.75 trucks per day in 1987) Continuity of the operation has been retained and the new conditions recommended to be imposed upon the operation go well beyond those which would be necessary to ensure continuity of the operation in the future. The use of this facility as a disposal well for the injection of oil and gas by-products should be considered to have received a Special Review Permit as of the time that the ordinance was amended in 1982 and since the use has not been enlarged or expanded, the unduly restrictive conditions now recommended to be imposed on the facility, should not, and cannot be approved. I I. THE WELD COUNTY HEALTH DEPARTMENT AND THE COLORADO GEOLOLOGICAL SURVEY SHOULD NOT REGULATE SOME ASPECTS OF THIS FACILITY UNDER THE DOCTRINE OF PRIMARY JURISDICTION. Under the conditions recommended by the Department of Planning Services to be imposed upon the operation of this facility as a Class II disposal well, the Weld County Health Department and the Colorado Geological Survey will have certain approval authority over the operation of the facility. When conflicting governmental agencies or entities have an arguable claim to exercise jurisdiction or regulatory power over something, the doctrine of primary jurisdiction provides that the agency or entity with the greatest expertise or ability to regulate the given activity should exercise its power and all other agencies or entities should abstain from exercising similar authority. In this case, it is clear that the use of this facility to dispose of oil and gas production by-products is regulated by the Colorado Oil & Gas Conservation Commission. (See the letter from the Colorado Department of Health to the Weld County Department of Health dated January 5, 1990 attached hereto as Exhibit C) The Oil & Gas Conservation Commission reviewed the application for a permit to drill the well in question and have conditioned it's use as a disposal well for saltwater with various operating requirements. (See the Permit to Drill and Approval to Utilize as Injection Well attached hereto as Exhibit D) This regulatory scheme is comprehensive in nature and sufficient to ensure that the well is properly monitored. The conditions on approval of this application, as proposed by the Department of Planning Services invade the existing regulatory scheme described above, in several instances. Examples of this include, but are not limited to, the requirement that the Colorado Geological Survey approve a system of microseismic monitoring at the well site and that the Weld County Health Department review and approve every type of waste which is received by the facility and approve the laboratory which will analyze samples taken from the waste. The Oil & Gas Conservation has approved the Class II waste types that are allowed and will continue to do so. The pressures created by the injection of materials into this well are regulated now and will continue to be regulated to ensure that seismic occurrences are not caused. The additional regulation by the Weld County Department of Health and the Colorado Geological Survey is unnecessary, costly and violative of the doctrine of primary jurisdiction. It is clear that the Weld County Department of Health has the authority to regulate other aspects of the facility which fall within their jurisdiction, such as the requirement of a septic system, noise and dust control, but they should not be required or allowed to regulate the actual operation of the well as a disposal facility. Respectfully submitted, Kurt C. Weiss Baker & Hostetler 303 E. Seventeenth Ave. Suite 1100 Denver, Colorado 80203 (303)861 -0600 ATTORNEYS FOR APPLICANT NONCONFORMING USE FACT SHEET N.C.G.#217 Name (Owner) A & W Water Service, Inc. Address: P.O. Box 446 Brighton, CO 80601 Phone No. 659-6523 LEGAL DESCRIPTION: Part of the SEi NE} of Section 10, TIN, R67W of the 6th F.M. , Weld County, Colorado LOCATION: Approximately 2 miles west of the City of Fort Lupton; south of State Highway 52 and west of Weld County Road 21 USE OF PROPERTY: An injection storage facility for the disposal of brine water by truck. Based on an annual figure, traffic to the site averages 9.47 truck trips per day. These calculations were obtained from the AMOCO Production Company accounts receivable sheets for 1986 and 1987. CURRENT ZONING: A (Agricultural) APPROPRIATE DATE FOR DETERMINATION OF NONCONFORMING USE: January 5, 1977 - Use by Right in the A (Agricultural) zone district. August 30, 1982 - Ordinance 89-B, Use by Special Review. REASONS FOR DETERMINATION OF NONCONFORMING USE: Records of AMOCO Production Company accounts receivable records indicate the use of the storage facility for injection as early as 1978. Adoption of Ordinance 89-B, August 30, 1982, establishing injection wells as a Use by Special Review in the A (Agricultural) zone district. �� 9C0420 Exhibit A DEPART' 'ENT OF PLANNING SERVICES $ t\411 e4t 4 it PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80637 VID €. COLORADO May 9, 1989 A & W Water Service, Inc. Attn: Mr. Charles Wright P.O. Box 446 Brighton, CO 80601 Legal Description: Part of the SE} NE{ of Section 10, TIN, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Wright: This letter is to inform you that the Department of Planning Services has determined that an injection storage facility for the disposal of well water by trucks existed before August 30, 1982, zoning of your property. Therefore, we have determined that the injection facility for the disposal of brine water by trucks is a nonconforming use. Nonconforming use number NCU-217 has been assigned to the file. Please retain this number for further reference. Production water disposal through either secondary recovery or deep well disposal methods s and mode of defined transport ause to such my ction rion Wells,th.e A exclusively pipeline (Agricultural) zone district. Should the present use change in any way, it would need to comply with the present zoning ordinance. We want to thank you for your cooperation in this matter. Sincerely, n gle Curre t Planner BJB:rjg 900420 Exhibit B STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH oeppcoI 1210 East 11th Avenue ldfnsYl~ Denver, Colorado 80220 cal 1$�. Phone (303) 320-8333 • ��nn 1B]6.b Roy Romer Governor Thomas M. Vernon. M.D Executive Director January 5, 1990 Wes Potter Weld County Department of Health 1516 Hospital Road Greeley, Colorado 80631 Subject: Underground Injection of Wastes as a Form of Disposal Dear Mr. Potter: As is common, your awareness of the on—going activities in Weld County has raised an important issue. At your request, I have researched the regulatory status of deep well injection as a means of waste disposal within the state of Colorado. Here are the results of my inquiries. The United States Environmental Protection Agency (EPA) has a program for the regulation and permitting of deep wells used for undergound injection as a form of waste disposal. This program is known as the Underground Injection Control (UIC) program. In Region VIII, the head of permitting for undergound injection wells is Tom Pike at (303) 294-1543 and the head of monitoring and enforcement for undergound injection wells is Laura Clemens at (303) 294-7074. The mailing address for either is USEPA, Region VIII, Drinking Water Section, Underground Injection Control Program, 999 18th Street, Suite 500, Denver, Colorado 80202. Of the entire universe of regulated facilities under the UIC program at EPA, two segements are regulated by state agencies as well. First, the Oil and Gas Conservation Commission has been delegated the authority to permit and regulate deep well re—injection of oil and gas production wastes at the well site or in the well fields of their origin. This program functions in lieu of EPA. Second, where hazardous wastes will be disposed of by deep injection at a proposed facility, that facility must be approved/permitted in a joint effort between the EPA UIC program and the Hazardous Waste Control Section, Hazardous Materials and Waste Management Division, Colorado Department of Health. 900420 Exhibit C_ Some time ago, the implementation of the full equivalent of EPA's UIC program was proposed within the Water Quality Control Division of this department. The decision made then was that that division did not have the necessary authority under the state's Clean Water Act. Legislative efforts to obtain the appropriate authority for the department failed twice. This form of waste disposal has not previously been handled as a solid waste disposal activity. Though the waste streams in question are identical to those that would otherwise be considered solid wastes under the state's statute and regulations, disposal by deep well injection apparently removes the site/facility from the authority of the Colorado Department of Health. No routine permitting or review processes by the department are in effect at this time. Temporary storage of such wastes in impoundments at a site or facility may allow input and review by this department under the department's solid waste authories and may open the door to the requirement of a certificate of designation for the impoundment. If you or the commissioners wish to discuss this informantion in greater detail, feel free to call me again. Sincerely 7Yd[e��L.EEarley Section Chief Solid Waste & Incident Management Section Hazardous Materials & W&Ste Management Division >f k {�.�0 X20 vo .2X7 RFDEIVED �j--F'-4M2 STATE OE COLORADO ..•.a,86 OIL AND GAS CONSERVATION COMMISSION '0 At 1 9 1939 DEPARTM ENT OF NATURAL RESOURCES ��HIfI I ' APPLICATION 5.5VLV.eIL Cf l]NaSIaVIYJ:C0M1'rR FOR PERMIT TO DRILL, DEEPEN, OR RE-ENTER AND OPERATE 6. IF INDIAN. AL_OTTEE OR TRIBE NAY; la -APE OFwORR DRILL)C2 DEEPEN ❑ RE-ENTER O a 'NI( or WELL 7 LNIT AGREEMENT NAME OIL CAS SINGLE G7.? MULTIPLE `WELL wELL O OTHER Disposal ZONE W ZONE 0 a. VARM OR LEASE NAME Z S.PHONE NO. Suckla Farms OPERATOR: WRIGHT' S DISPOSAL (303 ) '.WELL NO ADDRESS: 9270 Quitman Injection Well *1 Cm: Westminster STATE: CO ZIP' 80030 426-8911 I0.FIELD AND POOL OR WILDCAT H. LOCATION OF WELL I Report location clearly and in accordance wish any Sum requirements. Spindle At surface , I I.QTR.QTR.SEC.T L AND ERI IA�r Atproposed Prod. zone FSL 2020' FWL of the NW/4 10-1N-67W SAME SE NW 10-1N-67W t6. DISTANCL IF LESS THAN 200 PT. FROM ANY OCCUPIED BLDG. PUBLIC ROAD.AbOVE GROUND UTILITY LINE OR II.COUNTY RAILROAD(SHOW FOOTAGES ON SURVEY PLAT) 5010 fopt __ Weld II. DISTANCE FROM PROPOSED LOCATION TO NEAREST IS. NO. OF ACRES IN LEASE' 16.NO. OF ACRES AND/OR DRILLING LNIT PROPERTY OR LEASE LINE. PT. ASSIGNED TO THIS WELL I Also to nearest drli. line. if any) 500 40 40 Cl. DISTANCE FROM PROPOSED LOCATION TO NEAREST WELL II.PROPOSED DEPTH 19.OBJECTIVE FORMATION DRILLING.COMPLETED. OR APPLIED FOR. ON THIS LEASE. PT. 1 2' 9,580 Feet Lyons_ 20.ELEVATIONS(Show whether GR or KB) 21.DRILLING CONTRACTOR PHONE NO. 22.APPROX. DATE WORK WILL START 5046.2 GL Exeter (303) 861-0181 5/30/89 23. PROPOSED CASING AND CEMENTING PROGRAM SIZE OF HOLE SIZE OF CASING WEIGHT PER FOOT SETFING DEPTH QUANTITY OF CEMENT 12k" R SLR" 4611 , 75fl' 9?D. QYcfi?es C tat Ca,Lt 7 7/A" slit, 17di . aaan San eve rleee 14 in S- Lt pp r 2..IS SURFACE OWNER ALSO THE MINERAL.OWNER?YES 0 N 28% SilAset►IikQIIa ppROPRIATE If NOT surface bond muss be on file or copy of surface agreement must be furnished. If irrigated land.surface bond of E5000 is required. CODES: L OIER. NO. 91623 DIRER. NO. "sane 'DESCRIBE LEASE BY QTR. QTR.,SEC.. TWNSHP., RNG. 77900 SE NW 10-1N-67W FIELD NO. LEASE NO. C NOTE: Item 17 above refers to a Sussex Injection Well. FORM CD. bilk)5 25. purr %FRT lir nP SIGNED JLCZ•-.d-s. Tma Engineer DATE 5/15/R9 ,Th.,•pre Sot FNIere1 or bue Uwl PERMIT NO. 89 -3A3 APPROVAL DAT& MAY 2 3 1989 SEP 20 1989 /.aE{,� {/f�/��14(��r / ,- ' /,.c/.(�/\r EXPIRATION DATE APPROVED BY0 F & TITLE! " ` Direnor DATE MAY 23 1989 Oil Is Gomm. Comm. CONDITIONS OF APPROVAL, IF ANY: A.P.I. NUMBER cOflY W Ta i. 7 A-'-3 os I z.3 I44->t i See Instructions On Reverse Side • 900420 Exhibit D AU- -MATICALLY RENEWABLE CERTIFICATE OF DEPOSIT TheSec First MAY 16 89 0 713 0 Security Bank 4 THIS CERTIFIES THAT THERE HAS BEEN 0O.R9 III roar's,c«C`OIaAOO10611 DEPOSITED IN THIS INSTITUTION THE AMOUNT OF ill bAi.:� �N= F�RST1i:"' ,RI om eat mat ...,.1• N PAYBLEOTO�O ix- and Gas CCIiER15510I1 for: Wrygh£ s "�� " "'""' " DOLLARS A i SOO SEC OR TA%ID..NO. I INTEREST RATE I INTEREST MANACLE GATE OF ISSUE MATURITY DATE 84-1064151 7.75 % RRT -. Quarterly 05-16-89 AMOUNT DEPOSITED � ELE NCLRRENTNNDS AT OS 16 91 35 0011 oQ TU DATE UPON FNMA ENDORSEMENT ANO SURRENDER OP THIS CNITIICATE T R CERTIFICATE SIALL II AUTOMATICALLY RENEWED INS AODtlfNAI max.. EQUAL TO TIM ORIGINAL TERM ',NEW TIE OWNG IIEREO/RESENTS TIOS CERTIFICATE FOR MY MINT ON OI WITHIN SEVEN DAYS AMA ANY mAnoure DATE OR WRITTEN NOTICE TO THE OWNER,AT THE AIOYE ADORES,AT LEAST TEN Mfl PRIOR TO ANY MATURITY OP THE IMTITUTION'!I U MYAIR DURING THE PIRKID O/EACH SLCH REMVM6 AT THE RATE SPECIFIN IN A AWACS OF ANY N.0 NO ICE AT R T E RE IC INNC IMTITU IGTi MAIL.i ON TIME CERT1FICATE3 Oi Dor Wm,THE SAME TERN AS THIS CERTIFICATE AS OI THE DAATE Oi SICH RENEV L TI Ol I THE EMAY OF ANY MCJIINTEREST HEREON ONLY WITH SMALL CONSENT Of THE IMTTTUTIDN ANSI ONLY IN ACCORDANCE Wmi THE PENALTY FOR REN[WAl TINS CERTIFICATE MAY EE RED(SAIPp IN �AT THE RAR KING MIO SY iH[INETTyTtON GRLY WRNpRAYRL, OUATQ d EACH MATVNTY PATE ONLY THE C DEPOSIT INTEREST TO ACCOUNT NO OrT� NAIL INTEREST CHECK I W ADD INTEREST TO PRINCIMI TRANSFERABLE ONLY ON THE BOOKS OF,OR WITH PERMISSION OF,THE ISSUING INSTITUTION- • 900420 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLIAM-R. SMITH 1580 LOGAN STREET Director DENVER, COLORADO 80203 DENNIS R. BICKNELL ROY ROMER Deputy Director (303) 894-2100 Governor August 2 , 1989 Mr. Robert Fullop Wright' s Disposal 9270 Quitman Westminster , Colorado 80030 RE: Final Approval Suckla Farms Injection Well #1 Disposal Application SE NW Sec . 10 - T1N - R67W, Spindle Field Weld County, Colorado Dear Mr . Fullop, The Commission has reviewed Wright ' s Disposal application to complete the Suckla Farms Injection Well #1 as a disposal well in the Lyons formation and has found it acceptable. Verbal approval to initiate injection was previously given on July 18 , 1989 . This letter serves as final approval of the disposal application dated June 9 , 1989 . Maximum authorized surface injection pressure has been set EMI • at 2475 psiq . If higher injection pressures are contemplated, additional testing at the Suckla Farms Injection Well #1 will be necessary to amend the maximum surface injection pressure. Submit OGCC Form 14A (Monthly Report of Fluids Injected) by the 25th of the month following the month covered by the report. On the first report indicate the date in which injection commenced. The following information should help you in the filing of this report. If State lease numbers or codes are needed to complete this form please contact Marsha Choury of this office . Facility No. : 269 Field : Spindle Well Name: Suckla Farms API No. : 123-14291 Injection Well #1 Currently Aporoved Source Leases: COGCC Lease No. : Lease Name: 60933 Suckla Brown Unit 5876 Weigandt*John B #1 900420 V i' Suckle Farms Injection well #1 Page two It is difficult to determine from the information submitted, exactly which wells supply water to the Spindle Consolidation Battery #2 . If you wish this to be included as an approved source lease, please submit as soon as possible, a list of wells with locations which supply this battery. If additional produced water source leases are anticipated, approval must be obtained from the Commission prior to their injection into the disposal well. The request should be submitted on OGCC Form 4 (Sundry Notice) and specify the OGCC lease number , if one has been assigned, lease name, operator, location, and producing formation. Additional water analyses may be required if water is obtained from producing horizons other than the Sussex formation or if the distance between new Sussex sources is determined to be significant from those analyses already submitted . If you have any questions on this approval, please do not hesitate to call me at 894-2100 . Very truly yours, Ed DiMatteo Sr . Petroleum Engineer wright/ed 1 I 1 1 1 1 1 900420 I SREASURER'S OFFICE,WELD /C N" ' // N_° 0 7 7 0 Greeley,Colorado� . Ltj.G . J.� , 19.QQ. . . . RECEIVED0F. .(.�(,/��I/Nt� $ C FOR ni./jar CREDIT -} / County General Fund 101 0000 l .1�A G(y(te.17 B 1)1.4 is A ,R00 Health Department 119 0000 C/) / Human Resources 121 0000 Social Services 112 0000 Housing Authority Road & Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 School District Gen Fund School District C R F School District Bond Fund FRANCIS M. LOUSTALET TOTAL AMOUNT County Treasurer Clerk )Q 0O OFFICE OF BOARD OF COUNTY COMMISSIONERS ,,,\ PHONE(303)356-400O EXT. 420(. P.O. BOX 758 GREELEY,COLORADO 80632 COLORADO November 2 , 1989 Dennis C . Hotovec State Department of Health Waste Management Division 4210 East 11th Avenue Denver , CO 80220 Dear Mr. Hotovec : This is to advise you that Wright ' s Disposal Service , Inc . , has paid the required fee , and we are requesting that you review their application for a Certificate of Designation for an injection facility pursuant to the Solid Waste Disposal Sites and Facilities Act . Your prompt attention is required in order that the Weld County Board of Commissioners may proceed with its review. Sincerely , C.W. Kirby Chairman Wright ' s Disposal Service Inc . 9270 QUITMAN WESTMINSTER, COLD. 80030 PHONE 426-8911 October 28 , 1989 Weld County Commissioners Greeley, CO. RE: Application For A Certificate Of Designation Gentlemen : Attached, under seperate cover , is a copy of WRIGHT' s Application For A Certificate Of Designation for our Sukla Farms Facility. Inorder to more clearly understand the application and its various section , the following general discussion is submitted : In 1972 , Amoco Production Company constructed the Sukla Farms Facility . The facility was used by Amoco to inject produced waters from their oil and gas operations , in the Weld and surrounding counties , into the Sussex formation at about 4700 feet . The facility was utilized for this purpose up until 1984. The increase in the injection pressure caused the shut down some time in late 1984. In June of 1989 , WRIGH purchased the facilities from Amoco . Amoco then plugged all injection wells in the Sussex and WRIGHT drilled and completed a Lyons injection well just east of Amoco ' s original injection well . WRIGHT has maintained the integrity of the surface facility and has added only minor changes to make the facility more efficient . WRIGHT still uses the facility to inject produced water from oil and gas operations and has applied for a Class I designation from the EPA. WRIGHT' s facility is being used as a commercial operation and will take industrial waste water in the near future . All waters are injected into the Lyons formation at 9500 feet ±. Every precaution has been taken to protect the ground and surface waters . Full approval for the Facility has been granted by the Colorado Oil and Gas Commission and we are currently regulated by them. r Application (Coat) We therefore submit the attached Application For A Certificate Of Designation for your reveiw and approval. Respectfully Submitted, G,7" James S . Wright President JSW/rf Enclosures Hello