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Home My WebLink About941411.tiff OF'Cpf Asr; op 131 -7t* CI eiTii *Ms's x � 99,, ullr tate of Lnlnrabn Gale A. Norton STATE SERVICES BUILDING Attorney General DEPARTMENT OF LAW 1525 Sherman Street- 5th Floor Raymond T. Slaughter Denver, Colorado 80203 Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL Phone (303)866.4500 &866-3611 FAX (303)866.5691 Timothy M. Tymkovich Solicitor General August 3 , 1993 Gregory J. Hobbs, Jr . Hobbs, Trout & Raley, P.C. 1775 Sherman Street , Suite 1300 Denver , Colorado 80203 RE: Northern Colorado Brine Dear Greg: Enclosed is an original executed settlement agreement to resolve Northern Colorado Brine ' s appeal. Please file a copy with the Commission so that the August 20 hearing can be vacated. It is my understanding that the current pending permit applica- tion requests a production limitation in excess of 2, 000 barrels per day. I have informed Tom Tistinic that you will be revising that application to request no more than 2, 000 barrels per day (pursuant to paragraph ( 4) of the stipulation) . Upon receipt of the amended application, I have asked Tom to process the applica— tion as quickly as possible, in accordance -with our agreement . I sincerely appreciate your efforts in reaching a settlement of this matter . Yours truly, _L l,, _ � CHRISTINE A. KLEIN Assistant Attorney General Natural Resources Section ( 303 ) 866-5129 Enclosure 941411 AG File No. E9317338 . 150 EXHIBIT /6 9400L6 /CD I NORTHERN COLORADO BRINE v. AIR POLLUTION CONTROL DIVISION STIPULATION AND AGREEMENT Recital The following Stipulation and Agreement ( "Agreement" ) is made with regard to the appeal of Northern Colorado Brine to the Colorado Air Quality Control Commission ( "Commission" ) , by letters dated February 18, 1993 (appealing the compliance order and civil penalty assessment issued by the Air Pollution Control Division ( "Division" ) on February 1, 1993 by Certified Letter No. P 186 978 276 ) and May 4, 1993 (appealing the Division's denial of permit modification by letter of April 21, 1993, Certified Letter No. P 860 424 448 and appealing a compliance order and civil penalty assessment issued by the Division on April 21, 1993 by Certified Letter No. P 860 424 449 ) . This Agreement is also made with regard to all other notices of violation, penalty assessments or compliance orders issued by the Division and/or the Weld County Health Department to Northern Colorado Brine concerning alleged air quality violations pending as of the date of execution of this stipulation and agreement by the parties thereto. The Division and Northern Colorado Brine stipulate and agree as follows: 1. The Notices, Orders and Penalty Assessments issued by the Division and/or the Weld County Health Department referenced in the above "Recital" superseded any previous notices and orders issued by the Division and/or the Weld County Health Department with regard to air quality violations at , the Northern Colorado Brine oil and gas brine water disposal and oil recovery facility in Weld County, Colorado. 940056 2 . The Division's Notices, Orders and Penalty Assessments referenced in the above "Recital" were timely appealed to the Air Quality Control Commission (the "Commission" ) and were stayed for enforcement purposes pending a hearing by the Commission set for August 20, 1993, in accordance with the Colorado Air Quality Control Act, § 25-7- 122 . 6 (4) , and the Colorado Administrative Procedure Act. Among the issues raised in the Northern Colorado Brine hearing request is whether the Weld County Health Department and the Air Pollution Control Division are applying the appropriate odor control standard to the facility. Northern Colorado Brine contends that Regulation No. 2 Section A. 3 . a. &b. (Best Practical Control/127-1 Odor Standard) applies to the facility, not Section A. 2 ( 15 : 1 Odor Standard) . 3 . Northern Colorado Brine withdraws its appeal to the Commission regarding the compliance orders issued by the Division on February 1, 1993 and April 21, 1993 and regarding the Division's denial of permit modification by letter of April 21, 1993, subject to this agreement first being executed by all the parties hereto. 4. Without admitting that any violations of Colorado law or regulations with regard to its facility have occurred, Northern Colorado . Brine accepts as final: a) paragraphs 1 and 2 of the "Order" section of the Order for Compliance dated February 1, 1993 , and b) paragraphs 1 and 3 of the "Order" section of the Order for Compliance, dated April 21, 1993 , both of which order compliance with the 15 : 1 standard of Regulation No. 2, Section A. 2 . Northern Colorado Brine Sdpuladoo Page 2 ; to 940056 Based on this stipulation, Northern Colorado Brine shall amend its pending application for permit modification, if necessary, to request a production limitation not to exceed 2, 000 barrels per day, the currently-authorized Weld County special use permit production level. The Division will expeditiously and reasonably process such application for a modified permit pursuant to all applicable requirements imposed by statute or regulation including, if necessary, the solicitation of public comment. Any such modified permit shall contain, at a minimum, the following two conditions: a) Northern Colorado Brine shall comply with the 15 : 1 odor standard of Regulation No. 2, and b) Northern Colorado Brine shall install and operate the water treatment and odor emission control system identified in paragraph 4(a) and in Appendix A to this Agreement. Northern Colorado Brine agrees that those two conditions shall be final and not subject to administrative or judicial review. From the date of this Agreement until the Division has taken final action with respect to Northern Colorado Brine 's application for permit modification, the Division agrees that it shall not enforce the existing permit No. 90WE161, provided that Northern Colorado Brine's production levels do not exceed 2, 000 barrels per day. If production levels should exceed 2, 000 barrels per day during the period identified in the previous sentence, then Northern Colorado Brine shall pay a stipulated penalty of $1, 500 for each day during which production exceeds 2, 000 barrels. During this period, Northern Colorado Brine shall keep daily production records on- site and shall make those records available to state or county health officials upon request. Nothing contained in this agreement shall preclude Northern Colorado Brine from submitting a permit application, in accordance with Northern Colorado Brine Stipulation Page 3 Qa 940056 applicable laws and regulations, for production levels in excess of 2, 000 barrels per day. a. Northern Colorado Brine will order, construct, install and operate the new water treatment and odor emission control system identified in Appendix A. Northern Colorado Brine will provide all details requested by the Division, concerning the water treatment and odor emission control equipment to be installed at the facility. The Compliance Schedule for construction and operation of this system shall be as follows: Final Design Completed: July 1, 1993 Order Placed for Treatment System: July 7, 1993 Commence Construction of Treatment System: July 28, 1993 Complete Construction and Start-Up of Treatment System: October 5, 1993 System Operational for Final Compliance Inspection: November 1, 1993 This schedule shall be automatically extended to compensate for any delay caused by any entity of Colorado or Weld County government in giving any necessary approvals to install or operate the new water treatment and odor emissions control equipment proposed by Northern Colorado Brine. For purposes of this paragraph, "necessary approvals" shall not include approval of any requested Northern Colorado Brine Stipulation Page 4 940056 O increase in production levels through an application for a revised special use permit from Weld County or emissions permit from the Air Pollution Control Division. b. Northern Colorado Brine will pay to the State of Colorado, within 30 days of the execution of this agreement by both parties, $7, 000 as a penalty to settle all violations of Regulation No. 2.A. 2. and all violations of Emission Permit No. 90WE161 relating to production limitations, including those alleged by Weld County and/or the Air Pollution Control Division, existing on or before the execution of this stipulation and agreement. Northern Colorado Brine does not admit that the violations occurred, but forgoes its right to contest the alleged violations. c. Northern Colorado Brine will pay $1, 100 per violation, with a maximum of one violation/one penalty per day assessed against it, if the 15 : 1 odor standard of Regulation No. 2, Section A. 2 . is exceeded after the date of execution of this stipulation and agreement by the parties thereto by Northern Colorado Brine while the compliance schedule set forth in paragraph 4(a) above is in effect, or such extensions as are provided in Paragraph No. 6 below or Paragraph 4(a) above. Violation of the standard shall be documented in accordance with all required protocols of Regulation No. 2 by a certified air quality odor inspector through correct usage of the Barneby- Cheney Scentometer inspection procedure . Scentometer readings shall be made so as to Northern Colorado Brine Stipulation Page 5 1 D 940056 4 preclude reading any source of odorous air pollution in the vicinity which may cause or contribute to incorrect readings of the Northern Colorado Brine facility. Normally, readings will be taken within 1000 feet of the property line of the Northern Colorado Brine facility unless conditions indicate that an odorous plume from the facility is being emitted but cannot be read except at a location farther from the property line. The Division shall make reasonable efforts to give prompt notice to Northern Colorado Brine of each inspection and the readings therefrom, so that Northern Colorado Brine will have the opportunity to have its certified reader perform reasonably contemporaneous readings. The Division shall give Northern Colorado Brine prompt notice in writing of its intent to assess a stipulated penalty based upon a documented violation of Regulation No. 2 .A.2. pursuant to this sub-paragraph (c) . Within fourteen ( 14) calendar days after receiving such notification, Northern Colorado Brine may submit in writing to the Director, Air Pollution Control Division, any data, views or defenses to an alleged violation or any other reasons why a stipulated penalty should not be assessed. The Director shall issue a written decision, based upon a review of such written submissions by Northern Colorado Brine, and upon the Division's response thereto, as to whether or not a stipulated penalty should be assessed and, if appropriate, whether a violation has occurred. The Director's decision shall constitute a final resolution of the matter, not subject to administrative or judicial review. dorthern Colorado Brine Stipulation Page 6 940056 '7 i d. Northern Colorado Brine will operate and maintain the existing emission control systems at the facility, in accordance with the regulations of the Commission, pending completion and operation of the new water treatment and emission control system. e. Operation and maintenance of the existing odor emission control systems will occur in a manner which will produce the best available performance for those systems. 5 . After the period of the Compliance Schedule has expired, the "Order" sections of the Orders for Compliance dated February 1, 1993 and April 21, 1993 ordering compliance with the 15 : 1 standard of Regulation No. 2 shall continue to operate in full force and effect, enforceable in a court of law pursuant to any applicable authority, including §§ 25-7-121 and 25-7-122, C.R. S. In all other respects, upon expiration of the compliance schedule, except for accepting as a final and non-appealable air emission permit condition the 15 : 1 odor standard and the installation of the water treatment and odor emission control system as provided in Paragraph 4, the Colorado Air Quality Control Act and regulations shall govern Northern Colorado Brine's rights and remedies. 6 . Northern Colorado Brine agrees to pay a stipulated penalty of $1, 000 . 00 for each day of production of the facility after the final date specified in Paragraphs 4(a) , above, for which Northern Colorado Brine fails to have the new water treatment and odor emission control system completed and operating. Northern Colorado Brine shall not be required to pay the stipulated penalty if the reason for not completing- and operating the new water Northern Colorado Brine Stipulation Page 7 SOD 94Q05S treatment and odor emission control system is due to conditions or circumstances beyond Northern Colorado Brine 's control . Circumstances beyond Northern Colorado Brine's control shall mean causes beyond the control and without fault or negligence of Northern Colorado Brine, which causes directly affect the implementation of the new system, for which Northern Colorado Brine cannot reasonably be held accountable and which could not reasonably have been foreseen at the time of execution of this stipulation. Such circumstances shall not include financial or economic conditions, negligence, or increased costs or expenses associated with completion of the new system. Northern Colorado Brine shall notify the Division in writing of any condition or circumstance beyond its control that causes or is anticipated to cause non-compliance with the Compliance Schedule. Such notification shall be given no later than five business days after Northern Colorado Brine knows or should have known of such condition or circumstance. The notification shall describe in detail the cause of the non-compliance, the measures taken to prevent or minimize the non-compliance, and the timetable by which those measures will be implemented. If Northern Colorado Brine fails to comply with the notice requirements of this paragraph, then it shall not be relieved of its obligation to pay the stipulated penalty set forth in this paragraph. The Division shall not withhold concurrence with a requested extension unless the Division determines the request is unjustified due to Northern Colorado Brine's failure to diligently pursue completion and operation of the new water treatment and order emissions control system by the dates stated in this agreement, or any, extension thereof under this agreement. Northern Colorado Brine Stipulation Page 8 noes& g JO 7. The above terms shall: (a) constitute an enforceable stipulation and agreement between and among the parties, (b) not create any rights in any persons not a party to this agreement, (c) be filed with the Air Quality Control Commission for purposes of cancelling the hearing presently scheduled before the Commission on August 20, 1993, (d) constitute a full and complete settlement of all matters involving the Notices, Orders, and Penalty Assessments issued by the Division and/or Weld County regarding Regulation No. 2 and Emission Permit No. 90WE161 and any and all events and occurrences leading thereto, and (e) govern future disputes and proceedings as set forth herein. 8 . The parties agree that the venue for the enforcement of this agreement shall be the District Court for Weld County. 9. This stipulation shall be considered a final order of the Division pursuant to § 25-7-115, C.R. S for purposes of enforcement by the Division under §§25-7-121 and 25-7- 122, C.R.S. Northern Colorado Brine Stipulation Page 9 p 0 940056 /C \Iiv DATED this �J) day of July, 1993 . FOR THE AIR POLLUTION FOR NORTHERN COLORADO BRINE CONTROL DIVISION 11-1 \;,,,A,4,,.. r C1.12 (NUL i , (---". , Tom D. Getz, Director Mike Cervi, Presi nt 1 Northern Colorado Brine P.O. Box 300397 '-e-e.gt � Denver, Colorado 80203-0397 11--\1624, . � -�✓" TELE: (303 ) 832-2943 David Ouimette, Program Manager FAX: ( 303 ) 830-7156 Stationary Source Colorado Department of Health APCD-SS-B1 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 TELE: ( 303 ) 692-3100 ORDER OF THE AIR QUALITY CONTROL COMMISSION In accordance with the above Stipulation, the appeal of Northern Colorado Brine (by letters dated February 18, 1993 and May 4, 1993 ) and the request for stay are dismissed with prejudice, and the hearing set for August 20 , 1993 is vacated. DATED this day of , 1993 . Chairman Northern Colorado Brine Stipulation Page 10 010940056 // EL TORO MANAGEMENT SYSTEMS, INC. 134 West Harris Building Office: (915) 653-2648 Suite 1 P.O. Box 1987 San Angelo, Texas 76902-1987 FAX: (915) 655-2645 To eliminate odor at the NCB Disposal System we must do two things: (a) separate the hydrocarbons and solids from the newly disposed water, and kill the odor forming bacteria that is present in this water, and (b) kill the odor forming bacteria that is present in the ponds, and not allow incubation of the bacteria in the ponds. The existing system must be modified by installation of a mechanical separation apparatus (known as a two-stage heater treater) and implementation of a chemical program to be run in conjunction with the mechanical separation. We will explain what these modifications consist of and what part each play in the overall operation of this facility in the following narrative. First, delivery trucks back up to a cement slab and gravity unload the water that is to be disposed. The water flows into a dump pit and is transferred by pump to the old skim pit. At this point the water contains hydrocarbons, solids and bacteria of various kinds. The water is picked up from the skim pit by means of a centrifugal pump, and put into a transfer line. At this point the water enters a pre-heater (the first stage of the heater treater) and the temperature will be raised to 60 degrees Fahrenheit. As the water passes through the pre-heater the hydrocarbons and water begin to separate. / 0 D APPENDIX A 940056 The fluid leaves the pre-heater and travels into the second stage of the heater treater s which time a water clarifying chemical is injected into the system. At this point the oil :ompletes its separation from the water and the suspended solids fall out of solution and nto the bottom of the vessel. An oil water interface is formed in the heater, and as oil rccumulates above the interface it floats into an oil bucket, whereupon a triggering device will start a pump to send the oil to a storage area. An interface sensitive switch will activate as the oil-water interface rises, allowing the water (which is free of hydrocarbons and solids) to be pumped into a discharge line on the way to the pond storage areas. It takes 12 to 20 minutes for the heat and chemicals to induce the necessary changes in the fluids to enable separation and complete the solid fall out The system is designed to allow the fluid to remain 45 minutes in the pre-heater (first stage) and for 60 minutes in the second stage of the heater treater. This allows approximately 500% of the necessary time for complete separation and removal of the hydrocarbons and solids from the water which is to be discharged into the storage ponds. As the fluid leaves the heater-treater, an oxidizing agent is injected into the discharge line and bacteria in the fluids are killed. The oxidizing agent also prevents incubation of bacteria in the water which goes to the ponds. periodically, a sand jet system inside the heater treater washes the solids to a scrubber tank where they are oxidized with an oxidizing agent, and circulated for 3 hours. This oxidization process transforms solids into purified powder that will be transferred to a tank for storage, future testing, and disposal. 940056 Idu 13 All lines will be located underground, and the vessels will be insulated against reezing. During periods when no water is being delivered to the system due to inclement ,eather, water heated by the treater can be circulated through the system to prevent reezing. If these modifications are implemented and if fluids are monitored closely, the odor rom the NCB Disposal System will be eliminated, the quality of the treated water will be that of irrigation water, and solids will be purified to an extent such that above ground, onsite disposal will be possible. /00 / l 07/06/93 15:03 '$303 3C° 1111 THE LAW BUILDING I]002/002 LIND, LAWRENCE & OTTENHOFF • ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTI! AVENUE P.O. BOX 316 GREEL'?.COLORADO 80632 GEORGE H.OrTGNHOPP TELEPHONE KENNETH F. LIND July 6, 1993 (303) 353.2323 (303)356-9160 RIM R LAWRENCETELECOPIEB (303)356-1111 JEFNREY 0. BURNS Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Attention: Keith Schuett Re: USR-540 (Northern Colorado Brine) Dear Mr. Schuett: As part of the proposed settlement between Northern Colorado Brine and the Air Pollution Control Division, Northern Colorado Brine will be in a position to proceed with the installation of the new water treatment and odor emission control system which is basically the removal of the existing heater treater and installation of a new two stage heater treater. I am informed that an operational plan and design drawings, as prepared by El Torro Management Systems, Inc. , were provided to you on or about June 10, 1993 . Aa this is a replacement of existing equipment with new equipment, the same is a minor change and we would request your approval of this minor change so that there is no delay in the proposed compliance scheduled as approved by the Air Pollution Control Division. Please note that Northern Colorado Brine will be bound by the 2, 000 barrel per day USR and Certificate of Designation limitation with this new equipment. We also understand that if Northern Colorado Brine desires to increase production above 2, 000 barrels per day, an amendment to the USR and CD would be required. Very truly yours, LIND, �j'/& O TENHOFF / a K neth 7 Li d KFL/cg d 4 EXHIBIT pc : Mike Cervi 1 �. Patty DePlazea S -- Lee Morrison, Esq. John Pickle J r- it JUL 0 6 1993 JUL 6 '93 14:03 303 356 1111”F r: PR ing 940056 r XH1BIT tes mEmORAnDum illikTo Chuck Cunliffe, Planning o.:. March ,19. 1986 ,, COLORADO From Wes Potter, Health Protection `Uv Services '1 f Subject: Odor Problems at/EVapC Park //USA 240:83:3 This department has received numerous complaints about an ongoing odor problem with the disposal facility. We have requested that the operator of the facility. initiate an odor abatement program. They have started some treatment of the ponds using borate to control bacterial growth. In reviewing the development standards, I noticed that 7-S 're- quires the aerator system be installed and operated. This system is not being operated and therefore, the facility is not in compliance with the development standards of the USA. I would like aunotification of this non-compliance sent to the operator. cc: Dr. Ralph Wolly, Director, Weld County Health Department County Commissioners Lee Morrison, Assistant County Attorney _ E-Vap Files • A 940056 SOLID WASTE FACILITY INSPECTION (Surface Impoundments) 3O .fl� County �i p DATE o63° .�� Located in Facility n ,-y (ts,A E _ Incorporated Area Location GU( ft Az,14 Current Operator e1- �/j��jo f--'��r, 7/evil Mailing Address of Operator Current Owner (If different) - -x,41 (,p r� Mailing Address of Owner __aa__asaase_______a_avv_a_sv_m—va_______v_v—a_aysa______ (All items checked must be explaind in supplemental report) I. _ A. Public Health and/or Environmental Hazards _ B. Evidence of Potential for (Serious) Surface Water Pollution _ C. Evidence of Potential for (Serious) Groundwater Pollution _ D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) _ E. Safety Hazards _ F. Non-Compliance with Approved Design and Operation _ G. Structural Integrity of Dikes Questionable H. Records I. Other * REMEDIAL ACTION REQUIRED II. Minimum Standards, CRS 30, 20-110 A. Odors and/or Vectors Present B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) _ E. Evidence of Minor Spills Around Disposal Area _ F. Water/Liquid Surface Covered with oil(s) or scum _ G. Depth Gauges not Present and or Readible H. Pond Freeboard Level Exceeded. au/ I. Recommendations for Site Improvement J. Other III Remarks --_�� tt2& i 1 X71 P#rde' ^f- tar-M7- TIY 1 " /1PP A)v -f•S'lvrP Ilhlo -nS/! (Ini S / \ %itc�s ;or, o(u 4 t se y r r7-S con del /S r �C—tom U /) cgjL/- __a_aa a_a_=___a_a=assaaae_aa_a_aa_aaaaaaaa_=a_aa__aa_a aa___a__ (Name) PRESENT AT INSPECTION (Representing) Inspection Engineer/Geologist / tjj-Zy� (WHITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY) 940056 �i SOLID WASTE FACILITY INSPECTION / (Surface Impoundments) p/ County DATE /d ` ��J Located in Facility j n3.e, a Incorporated Area Location �ji�� 17 t. , €., SN Current Operator Mailing Address of Operator Current Owner (If different) Mailing Address of Owner nerinnamannassnanatroarantannnamsnanntanatannaorataraniaseurnamararmara (All items checked must be explaind in supplemental report) A. Public Health and/or Environmental Hazards B. Evidence of Potential for (Serious) Surface Water Pollution _ C. Evidence of Potential for (Serious) Groundwater Pollution D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards _ F. Non—Compliance with Approved Design and Operation -.47 G. Structural Integrity of Dikes Questionable — H. Records _- I. Other - * REMEDIAL ACTION REQUIRED II. Minimum Standards, CRS 30, 20-110 _ A. Odors and/or Vectors Present _ B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) _ E. Evidence of Minor Spills Around Disposal Area _ F. Water/Liquid Surface Covered with oil(s) or scum G. Depth Gauges not Present and or Readible H. Pond Freeboard Level Exceeded. I. Recommendations for Site Improvement J. Other III. em ks �nA • �av�asaa:s�avvaaasaaa av�aaaav--sari (Name) PRESENT AT INSPECTION (Representing) / l Inspection Engineer/Geologist yncic / C � �� / i (WHITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY) 94 0056 J V 7 is . DEPARTMENT OF HEALTF cfrif 1516 HOSPITAL ROAC f IV GREELEY, COLORADO 8063"ADMINISTRATION (303) 353-058E ' HEALTH PROTECTION (303) 353-0635 COMMUNITY HEALTH (303) 353-0639 O • COLORADO November 18, 1988 Northern Colorado Brine 10600 WCR 54 Milliken, Colorado 80543 Dear Sirs: . An inspection of your facility located at 10600 WCR 54, Milliken, Colorado, was made on October 14, 1988 by Lynn Robbio and Judy Schmidt of this Department, revealed the following problem: 1. The structural integrity of the dikes are questionable showing signs of erosion. It is recommended that this site improvement be evaluated by a Colorado Registered Professional Engineer in accordance with Section 6 of the Colorado Solid Waste Disposal Sites and Facility Act Regulations. We appreciate your cooperation in this matter. If you have any questions or if we can be of further assistance, please do not hesitate to call us at 353—0635. - Sincerely, Wes Potter, Director Health Protection Services WP/dgc Enclosures t (1,1 a ;�� 940056 �/ _tros" -7 r r (Kek0 SOLID WASTE FACILITY INSPECTION (Surface Impoundments) County _Lf_,:.42 I DATE U t/3 C-/IfY Located in Facility i1 )f+-! f- —f', � , ,'( �Ra i iec Incorporated Area Location /1 ,":14( '/.I Current Operator 2/,,-/y,d i�T j/11 1,.___, Mailing Address of Operator Current Owner (If different) Mailing Address of Owner iiii0iii0O1Yfi—inffiii—iiiiin---- 0 aaiia Aieinniiii (AlI items checked must be explaind in supplemental report) I. _ A. Public Health and/or Environmental Hazards _ B. Evidence of Potential for (Serious) Surface Water Pollution _ C. Evidence of Potential for (Serious) Groundwater Pollution _ D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) _ E. Safety Hazards _ F. Non—Compliance with Approved Design and Operation _ G. Structural Integrity of Dikes Questionable H. Records / �q I. Other >. 'riI 0 J,' )!`f-G L/ l .�I o ...il d 1 ,�i"/�.o//' Yd 9-f * REMEDIAL ACTION REQUIRED 1.4, �/ . g II. Minimum Standards, CRS 30, 20-1107 _ A. Odors and/or Vectors Present _ B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) _ E. Evidence of Minor Spills Around Disposal Area _ F. Water/Liquid Surface Covered with oil(s) or scum _ G. Depth Gauges not Present and or Readible H. Pond Freeboard Level Exceeded. I. Recommendations for Site Improvement J. Other III. Remarks r../// A/ (: /f l 'v2-X.,2 .,--,_ �� iififfiifffaiifiiiifafsiiiiifaffaffiiiafifiia afafif flaff__Y fY iiiffna (Name)( PRESENT AT INSPECTION (Representing ,6 Li 7) 7(---)7c/a (A ,.t(14 e/ 4.21 Inspection Engineer/Geologist 4, )1,41-7-1C1..4/1/4_0..) [L LI (WHITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY) 940056 " i� SOLID WASTE FACILITY INSPECTION (Surface Impoundments) County L4) DATE Q1�7J Located in Facility 1•I.-,u ke i a� B Incorporated Area Location D4� Current Operator JAAATamo DhuNkt ttc /Lp Mailing Address of Operator 104000o . /y�'p(Il �j� Current Owner (If different) ti Mailing Address of Owner ..... IMPIN... f...e..ln-----ns......eanan e...ne...n.... (All items checked must be explaind in supplemental report) I. _ A. Public Health and/or Environmental Hazards _ B. Evidence of Potential for (Serious) Surface Water Pollution C. Evidence of Potential for (Serious) Groundwater Pollution _ D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) _ E. Safety Hazards F• . Non-Compliance with Approved Design and Operation V G• . Structural Integrity of Dikes Questionable H. Records _ I• . Other * REMEDIAL ACTION REQUIRED - II. Minimum Standards, CRS 30, 20-110 A. Odors and/or Vectors Present _ B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) _ E. Evidence of Minor Spills Around Disposal Area _ F. Water/Liquid Surface Covered with oil(s) or scum _ G. Depth Gauges not Present and or Readible H. Pond Freeboard Level Exceeded. I. Recommendations for Site Improvement J. Other III. .Rgmars • IE-ficp,ALlia: ter nit*d \ /u f.d Itc .card AM-11nd. . t t , . LSQ O& 0.1 truck 04, f Li I m i .Pun J rr A tr ,TL-3 (TX +k (y 4 411.0. ••••s.............a....a....ea....ana.aa.av vsa...a.a..a...a.oa.....aa. (Name) PRESENT AT INSPECTION (Representing) St* , 0 1 Inspection Engineer/Ceologi n k\XIALOVI\ # '6 (WHITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY) 4^ I '' 940956 SOLID WASTE FACILITY INSPECTION (Surface Impoundments) County i DATE 0,40 Located in Facility -) 7, k .e Incorporated Area Location ,p cr'/ /? 4,2O0 f.u'GE ¶7 Current Operator Mailing Address of Operator Current Owner (If different) Mailing Address of Owner -a-��------MISiSMM• ease-spa----MIEMaMailMenme-afissesse (All items checked must be explaind in supplemental report) I. _ A. Public Health and/or Environmental Hazards _ B. Evidence of Potential for (Serious} Surface Water Pollution _ C. Evidence of Potential for (Serious) Groundwater Pollution _ D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards F. Non-Compliance with Approved Design and Operation _ G. Structural Integrity of Dikes Questionable _ H. Records _ I. Other * REMEDIAL ACTION REQUIRED II. Minimum Standards, CRS 30, 20-110 A. Odors and/or Vectors Present B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) _ E. Evidence of Minor Spills Around Disposal Area _ F. Water/Liquid Surface Covered with oil(s) or scum _ C. Depth Gauges not Present and or Readible H. Pond Freeboard Level Exceeded. I. Recommendations for Site Improvement 3. Other III. mark 1 /� -----asa----ar---------afar-sa---a-s--aa-a-aaas-a-a-s (Name) PRESENT AT INSPECTION (Representing) Inspection Engineer/Geologist - (7..... //i� / �7 el" fj/ C (WHITE COPY-FILE) (YELL'OW COPY OPERATOR) (PINK COPY-COUNTY) if/ EXHIBIT LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW (23 THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 GREELEY, COLORADO 80632 GEORGE H. OTTENHOFF TELEPHONE KENNETH F. LIND (303) 353-2323 KIM IL LAWRENCE (303) 356-9160 June 30 , 1993 TELECOPIER JEFFREY R. BURNS (303) 356-1111 Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Attention: Keith Schuett Re : Northern Colorado Brine, Frac Tanks for Skimming Dear Mr. Schuett : Northern Colorado Brine requests permission to keep the two frac tanks on site through September 30, 1993 for pond skimming as previously approved on a temporary basis . In accordance with the chemical and bacterial application of the Odor Abatement Program, some oil scum continues to rise to the surface of the ponds . Skimming continues as needed to maintain the ponds free of surface scum. The two temporary tanks are still needed for settling time to remove excessive water from the skimmed oil prior to storing it in the sale tanks . Storing the skimmed oil in the two temporary tanks is necessary as an excessive amount of water is picked up with the oil in the skimming process . Please call if I may provide further assistance or information on this matter. Very truly yours, LIND, R CE OTTENHOFF Ke neth F . Lind KFL/cg pc : Mike Cervi Patty DePlazes °,1 940056 EXHIBIT LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW I THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 GREELEY, COLORADO 80632 GEORGE H. OTTENHOFF TELEPHONE KENNETH F. LIND (303) 353-2323 KIM R. LAWRENCE (303) 356-9160 TELECOPIER JEFFREY R BURNS (303) 356-1111 June 30 , 1993 Weld County Department of Health 1517 16th Avenue Court Greeley, CO 80631 Attention : Trevor Jiricek Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Attention: Keith Schuett Re : Northern Colorado Brine Gentlemen: Enclosed to each of you for your records are copies of a June, 1993 Operational Plan for the aeration and misting system and a June, 1993 Operational Plan for pond skimming. My records indicate that both of you had previously requested additional documentation for both the skimming activities as well as the aeration misting system. We are providing these documents to you pursuant to those requests . I would add, so that there is no confusion, that we do not seek your approval of either the pond skimming Operational Plan or the Operational Plan for the aeration misting system. I am aware that the Planning Department has taken the position that an Operational Plan for the aeration misting system must be approved as part of the USR, however, I have made it very clear on several occasions that neither the USR nor CD requires approval of the operational and/or misting system plan. The aeration misting system is an operational decision and none of the prior operators of the brine disposal facility have ever presented plans or requested approval of any plans for the aeration systems . In any `S''y 940056 Weld County Department of Health Weld County Department of Planning Services June 30 , 1993 Page 2 event , you should feel free to enter your approval of this Operational Plan and release the building permits for the aeration system. Very truly yours, LIND, LAWRENQE QTTENHOFF /' -'7 '/ Kenn t F. Lind KFL/cg Enclosure pc : Lee Morrison, Esq. Mike Cervi Eastern Plains Environmental Service 1 ( r• 940056 ,4) NORTHERN COLORADO BRINE OPERATIONAL PLAN FOR POND SKIMMING JUNE, 1993 The bacterial and chemical treatments of the pond water at Northern Colorado Brine are designed and intended to facilitate the release of entrenched hydrocarbons from the pond waters . Therefore, it is expected that additional visible oil will collect on the surface of the ponds . As the bacterial and chemical treatments continue to cause the release of the entrenched hydrocarbons , the pond waters will become increasingly more fresh and clear. The release of the entrenched hydrocarbons and the visible oil skim will vary in amount with changes in temperature and wind conditions . Oil will be continually skimmed from the ponds as needed in order to maintain the ponds relatively clear from surface oil skims . Every reasonable effort to maintain the ponds free of surface skims will continue . Skimming of the ponds will commence when the visual oil skim is estimated to exceed five percent (Se) of the surface of the pond. ? 9400'6 , 4 I .annY 41< DEPARTMENT OF PLANNING SERVICES PtCNE (303) 353-3945. EXT. 3540 WELD COUNT'' ADMINISTRATIVE OFFICES UE stile. EY, N. ORA O8 631 3REEL140 COLORADO 80631 COLORADO May 17 , 1993 Patty Deplazes Eastern Plains Environmental Services P.O. Box 142 Pierce, CO 80650 Subject: Frac Tanks located on USR-540 area. Dear Mrs . Deplazes: Thank you for your letter of May 5. The Department of Planning Services' staff has reviewed your request to locate two (2) frac tanks on site for a period of six (6) months to aid in pond skimming process due co cold weather. The staff have determined that the two (2) frac tanks used as part of the pond skimming process would not be a major change to USR-540 provided that the frac tanks are not kept on the property more than three months. The frac tanks would need to be removed on or before July 5, 1993. The July 5, 1993 date will allow for skimming operations to take place during the warm weather. Additional time may be requested before July 5, 1993 and will be reviewed on its own merits . Please write me if you have any questions. Respectfully,- -Xej Keith A. Schuett Current Planner pc: USR-540 Trevor Jiricek, Weld County Health Department Ken Lind Le l 9,10056 JUN 29 '93 15:24 NATIONAL PARAKLEEN CU 91b5S3010e 3-= 1111 P01 it NATIONAL PARAKLEEN COMPANY MICROBIAL ENHANCEMENT TECHNOLOGY FAX TRANSMISSION June 29, 1993 EXHIBIT , a Mr. Kenneth F. Lind 1011 Eleventh Ave. Greely, Colorado 80631 Dear Mr. Lind: The Northern Colorado Brine evaporation system has oil entrained in the water in the evaporation pits. Basically, the oil is tied up in the water below the surface because of surface tension and other physical properties. The bacteria uses natural surfactants to help bring these microscopic oil droplets to the surface. The increase in air temperature with warmer weather expedites that process. Actually, the oil is being oxidized by the bacteria through the whole process. Once the oil is on the surface of the water the microbes complete the process of eliminating the oil skim. The problem of oil being entrained in the water on the pits should be eliminated by the new separation system being installed. I have noticed much less oil on the pits in recent weeks. This microscopic entrained oil is surfacing through the process and increasing temperatures. The amount of skim oil is diminishing with time. Sincerely, (?..atettect, John Elder JSE:djn CORPORATE OFFICE:2610 B.County Road 1257 • P.O.Box 60625 • Midland.Texas 79711.0625 • Phone(915)563.0555 FAX(915)563-0100 DISTRICT OFFICES 2 1.0056 P.O.Bas 1336 P.O.Box 60625 70717th Street,Ste.2914 P.O.8dx 5518 P.O.Boxx.191 0ll Roosevelt.UT 06066 Midland,7X 797110625 Denver,CO 80202 Farmington,NM 87&99-5518 Gillette,WY 82717.21L91 1 /i (601)722-5760 (915)563.0555 1303)295-7618 (505)326-2200 (307)686.9066 EASTERN PLAINS ENVIRONMENTAL SERVICE P.O. BOX 142 PIERCE, COLORADO 60650 1-697-243 March 11 , 1993 q • Mr . Trevor Jiricek Mr . Keith Schuett Weld County Health Department Weld County Department of Planning 1517 16th Ave . Ct . 1400 North 17th Avenue Greeley , CO 80631 Greeley , CO 80631 • Dear Mr . Jiricek and Mr . Schuett , On behalf of Northern Colorado Brine , please consider the following response to your inspection of March 9 , 1993 . 1 . A . 1 ) Frac tanks are on site to receive oil removed from ponds in skimming process . 2 ) Expansion of the facility was approved by the Weld County board of Commissioners in response to the need for increased disposal of brine in Weld County . 3) Wash water disposed was from using hot water to rinse out brine trucks . This is nothing more than brine dilluted with fresh water . 4) Pond E was approved and inspected prior to and during construction . No ammendment to USR-540 was required. Northern Colorado Brine therefore concludes that Weld County Department of Planning Services does NOT consider Pond E to constitute a major change from USR-540 as approved. 5 ) Berms at NCB have NOT been raised, and the compliance points on all ponds remain as approved . H . DEPTH of brine records are kept as required . Recording of freeboard is NOT required. I , NCB DOES have an approved air emissions permit #90WE161 . An APEN update form has been submitted to Colorado Depart- ment of Health for review. 1I . A . The validity of odor violations at NCB has not been established . The facility is NOT required to operate without odors . B. The fence on the south side of the facility was damaged in the fire and will be repaired soontasapt swa dthe le. of F. Equipment to skim the ponds was on your inspection , awaiting favorable conditions .n-- 65-70%, Pond ponds as : Pond A-- 2-3%, Pond B-- 5% , Pond Pond D-- 2-3% , Pond E--1%. C . Freeboard guages are accurately installed and readable. Freeboard records are not required to be kept. H . Freeboard is NOT less than 30" on Pond A. from the has The contaminatedandsampleslhaveubeeng fire submitted for analysis . removed , CI 940056 / March 11 , 1993 EPES to Weld County RE: NCB , March 9 , 93 inspection page 2 Northern Colorado Brine is in compliance at this time , and Northern Colorado Brine continues in its diligent efforts to respond to your concerns , and to bring the facility fully into compliance with USR-540 and all applicable regulations . Please call if you have any questions or concerns regarding this matter . I may be reached at 454-3452 or 897-2439. Sincerely , -- Patty Deplazes cc : Mike Cervi , Northern Colorado Brine 940056 EASTERN PLAINS ENVIRONMENTAL SERVICE P.O. BOX 142 PIERCE, COLORADO 80650 1-897-2439 or 454-3452 March 1, 1993 Mr. Keith Schuett Department of Planning Services Weld County Administrative Offices 1400 N 17th Avenue Greeley, CO 80631 • Dear Mr. Schuett, In behalf of Northern Colorado Brine, I am writing to inform you of the actions taken to correct the violations stated in your letter dated February 3, 1993. Operation Standard #1 USA 540 NCB has ceased receiving Monfort Brine upon notification from Weld County Health Department that the Monfort Brine was not an approved waste stream. Operation Standard #7H USR 540 Depth gauges have been installed in all ponds as required. The depth of brine in ponds A, C and D is now at or below 30" as required. Pond B is currently being pumped to lower the depth of brine to acceptable levels. However, a breakdown of the pump has prevented NCB from bringing Pond B completely into compliance as of this date. Operation Standard #7J USR 540 The aeration systems have been repaired and are currently operating on ponds A,B and C. The system on Pond D has suffered some breaking of pipes due to the severe winter and will be repaired as soon as possible. An aeration/misting system for Pond E is currently being designed and will be installed as soon as possible. The construction of Pond E and increased aeration are being implemented in an attempt to maintain aerobic condition of the ponds and eliminate odor problems at NCB. Northern Colorado Brine has done routine maintenance and repairs to the berms and access roads surrounding the ponds. The compliance points of 30" depth of brine in ponds A,B,C and D and 10'6" depth of brine for pond E remain unchanged. Qperation Standard # 9 USR 540 Operating records have been compiled and are now on site. Operators are maintaining records as required. Also please note that records kept prior to the November 16, 1992 fire at the facility were destroyed when the operators pickup burned. 3 :940056 / Operation Standard #ljUSR 540 Construction of Pond E was fully approved by the Weld County Board of Commissioners, Weld County Health Department, Weld County Department of Planning Services and Colorado Department of Health. There was no material deviation from the plans and/or Standards of Operation and no amendment was required. Upon issuance of the required permits, Pond E was properly constructed and fully inspected and approved prior to filling. In correspondence dated January 11, 1993, Roger Doak, Geologist, Solid Waste Section, Colorado Department of Health, certified that on January 7, 1993, he notified Vern Nelson, Nelson Engineers, that the pond had met the requirements of the D & O plan for the facility. (enclosed) Operation Standard #16 USR 540 The property owner/operator has made diligent attempts to bring the facility fully into compliance as required. Although inclement weather conditions and equipment failures have interfered with these efforts, NCB has made marked progress in correcting all violations. Efforts will continue to fully correct all violations as soon as possible. A revised Air Pollution Emission Notice (APEN) has been submitted to Colorado Department of Health, Air Pollution Control Division, to update Air Emissions Permit #90WE161. (enclosed) The contaminated soil around the tank battery has been partially removed. This clean up project will be completed as soon as weather conditions permit. Frost and moisture currently prevent the completion of this project. • Northern Colorado Brine intends to continue their diligent efforts to fully comply with all requirements of Regulations Pertaining to Solid Waste Disposal Site and Facilities, Section 2, and USR 540. Please call if I may be of further assistance. I may be reached at 454.3452 or 897-2439. Sincerely, ; Patty Deplazes cc Trevor Jiricek, Weld County Health Department Roger Doak, Colorado Department of Health Mike Cervi, Northern Colorado Brine • S `� 940056 EASTERN PLAINS ENVIRONMENTAL SERVICE P.O. BOX 142 PIERCE, COLORADO 80640 1-897-2439 or 464-3462 February 11 , 1993 Trevor Jiricek • Solid and Hazardous Waste Specialist Weld County Department of Health 1517 16th Avenue Court Greeley, CO 80631 Dear Mr. Jiricek, RE: CERTIFIED LETTERS NO: P423 630 397, NO: P186 978 278 Northern Colorado Brine has received your letters dated January 11 , and February 3, 1993. Regarding your December 10, 1992 and February 2, 1993 inspections of Northern Colorado Brine, please consider the following response: 1 . NCB has installed a depth gauge in pond C. Gauges have been prepared and are on site for all ponds, and will be installed as soon as weather permits. These depth gauges will clearly indicate the depth of brine as required in Operation Standard 7-H. 2. NCB is presently pumping into Pond E to lower all freeboards to acceptable levels. As stated in section 4.1.1 of the original application materials for USR - 540, 30' of freeboard is required. Compliance can easily be measured by subtracting 30' from the total depth of the pond. For ponds A, B, C, and D, freeboard compliance is 30" depth of brine. 3. NCB has responded to Certified Letter P 186 978 272, regarding the accepting of Monfort brine. NCB ceased acceptance of Monfort brine upon notification from WCHD. Please note, however, that this waste was accepted based on a verbal approval previously given by WCHD personnel. 4. NCB is making every effort to adequately address and correct all odor problems at the site. Aeration of the ponds is being increased and chemical additives are being considered. �� '� 940036 / 5. The berms have not been raised. The berms and roads have been maintained and leveled. The edge of the roads were ridged up in an attempt to channel precipitation off the dikes in such a way as to reduce rill washing; The USR states that water level in the ponds, A,B,C and 0 can reach a maximum depth of 30'. That compliance point is unchanged. 6. The operator on site has been given additional training in the operation of Northern Colorado Brine. 7. Records are being complied and copied and will be on site for inspection. Documents have been prepared to simplify required daily and monthly record keeping at NCB. Northern Colorado Brine continues in its efforts to bring the facility fully into compliance with all state and local regulations. Please call if you have additional questions or concerns. Sincerely, / Patty Deplazes PD:sl cc: Keith Schuett, Weld County Department of Planning Services Roger Doak, Solid Waste Section, HWWMD, Colorado Department of Health Mike Cervi, Northern Colorado Brine • • ' 940056 EXHIBIT LIND, LAWRENCE & OTTENHOFF S` ATTORNEYS AT LAW (o THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 GREELEY. COLORADO 80632 GEORGE H. OTTENHOFF TELEPHONE KENNETH F. LIND (303) 353-2323 KIM R. LAWRENCE (303) 356-9160 TELECOPIER JEFFREY R. BURNS May 27, 1993 (303) 3564111 Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Attention: Keith Schuett Re : Northern Colorado Brine (USR - 540) Dear Mr. Schuett : On May 19 , 1993 at the Show Cause Hearing you mentioned that there may be some modified or amended operation or development standards which were approved or verbally agreed to by Mr . Cervi at the time the County approved Mr . Cervi as the designated operator for the Northern Colorado Brine site . I believe the change of operator took place during November of 1990 . We have extensively reviewed both Planning Department and Health Department files and find no written documentation of any type concerning any modifications . At this time we would request a copy of any and all documentation which any County entity or individual may have related to any change or modification in standards or procedures of any type approved at the change of operator hearing. If there is no such writing, please provide us a copy of the tape recording or a transcript thereof which would also confirm or deny any changes or modifications in standards . Additionally, at said May 19, 1993 hearing you were of the opinion that both the aeration system as well as the odor abatement program needed prior County approval as any modification or change in the aeration system or any odor abatement program would be a change in plans and/or standards of the USR (Paragraph 15 of Amended Operation Standards) . Again, we have been unable to locate any type of writing or plans contained in any County files for the aeration system or any odor abatement program. We would request that you provide to us copies of all plans , letters , memos or writings of any type that review, approve or disapprove any aeration system that existed prior to April 1, 1993 . Additionally, we would request copies of any type of plan, writing or memorandum of any type in which any operator of the E-Vap facility or Northern Colorado Brine requested review or approval of the County concerning any odor abatement program for any time period prior to 6 F 940056 Weld County Department of Planning Services May 27 , 1993 Page 2 November 1, 1992 . Our request for plans, writings and memorandums should be liberally construed to mean virtually anything contained in any Weld County file related to both the aeration system and/or odor abatement program including copies of drawings , plans and building permit applications or requests . Finally, we would request that you provide to us any Weld County regulations, plans or standards related to aeration systems and odor abatement programs . Very truly yours, LIND, LAWRE CE &, OTTENHOFF Kenn h F. Li d KFL/cg pc : Mike Cervi Patty DePlazes Lee Morrison, Esq. „/4- 940056 LIND, LAWRENCE & OTTENHOFF IIIIIIIIIIIIIII IATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 GREELEY, COLORADO 80632 GEORGE H. OTTENHOFF TELEPHONE KENNETH F. LIND (303) 353-2323 KIM R. LAWRENCE (303) 356-9160 TELECO PIER JEFFREY R. BURNS (303) 356-1111 June 30 , 1993 Weld County Department of Health 1517 16th Avenue Court Greeley, CO 80631 Attention: Trevor Jiricek Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Attention: Keith Schuett Re : Northern Colorado Brine Gentlemen: Enclosed to each of you for your records are copies of a June, 1993 Operational Plan for the aeration and misting system and a June, 1993 Operational Plan for pond skimming. My records indicate that both of you had previously requested additional documentation for both the skimming activities as well as the aeration misting system. We are providing these documents to you pursuant to those requests . I would add, so that there is no confusion, that we do not seek your approval of either the pond skimming Operational Plan or the Operational Plan for the aeration misting system. I am aware that the Planning Department has taken the position that an Operational Plan for the aeration misting system must be approved as part of the USR, however, I have made it very clear on several occasions that neither the USR nor CD requires approval of the operational and/or misting system plan. The aeration misting system is an operational decision and none of the prior operators of the brine disposal facility have ever presented plans or requested approval of any plans for the aeration systems . In any `5;, = 910056 Weld County Department of Health Weld County Department of Planning Services June 30 , 1993 Page 2 event, you should feel free to enter your approval of this Operational Plan and release the building permits for the aeration system. Very truly yours, LIND, LAWRENCIE TTENHOFF Kennet F. Lind KFL/cg Enclosure pc : Lee Morrison, Esq. Mike Cervi Eastern Plains Environmental Service 940056 ) NORTHERN COLORADO BRINE OPERATIONAL PLAN FOR AERATION/MISTING SYSTEMS JUNE, 1993 Northern Colorado Brine has installed and/or repaired aeration misting systems on all ponds at the disposal site . These systems are designed to increase the oxygen levels of the pond water, and to thereby reduce odors by decreasing the activity of odor causing anaerobic bacteria. In addition, the operation of the aeration systems will increase the surface area of the pond water, and thus increase the rate of evaporation. The aeration systems on Ponds 2, 3A and 38 are systems that bubble compressed air into the pond water, thereby oxygenating the pond water. There is also a small increase in the surface area of the pond water, and a resulting increase in evaporation from these ponds . The aeration/misting systems on Ponds 1 and 4 provide both oxygenation of the pond water and increased evaporation. These systems utilize a pump to draw water from the ponds and spray it above the surface of the ponds in a fine mist . Spraying the water into a mist above the pond greatly increases the surface area of the pond water. Exposing the increased surface area of the mist to the air carries oxygen back to the pond as the mist settles back onto the surface of the pond. The increased oxygenation of the pond water reduces the activity of odor causing sulfur reducing bacteria, thereby reducing the release of odors from the ponds . In addition, the evaporation of the water is increased because the mist is more readily converted to vapor than the undisturbed surface of the pond would be . The aeration bubblers on Ponds 2 , 3A and 3B are operated 24 hours per day. The aeration/misting systems on Ponds 1 and 4 are operated 4 hours per day, when wind conditions are favorable . Wind speeds at the site are monitored using a hand held anemometer. Experience at the site has shown that wind conditions in excess of 15 miles per hour may cause some of the spray to drift outside the perimeter of the ponds and settle on the surface of the ground. Therefore, the aeration/misting systems on Ponds 1 and 4 are operated only under wind conditions below 15 miles per hour. In addition, frequent visual observations are made when these systems are running to ensure that no mist is settling onto the surface of the ground outside the perimeter of the pond berms . Northern Colorado Brine is searching for a wind speed activated alarm to alert the site operators that wind speeds are exceeding 15 mph. Such an alarm will be installed as soon as possible . �, 9 4005 LIND, LAWRENCE & OTTENHOFF �� ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 GREELEY. COLORADO 80632 GEORGE H. OTTENHOFF TELEPHONE KENNETH F. LIND (303) 353-2323 KIM R. LAWRENCE June 25 , 1993 (303) 3564160 TELECOP IER JEFFREY R. BURNS (303) 356-1111 Weld County Department of Health 1517 16th Avenue Court Greeley, CO 80631 Attention: Trevor Jiricek Re : Certified Letter No . 2186978502 (Northern Colorado Brine) Dear Mr. Jiricek: The purpose of this letter is to partially respond to the above referenced certified letter which was received on May 27, 1993 . As to Item No . 2 (depth gauges) , we must take exception 'to your report . All gauges are installed, calibrated and are accurate and readable . Accurate records are maintained at the office and you are free to inspect those records at your convenience . If you have any specific information to support your statement that "it is unlikely that accurate records are maintained. " , please provide me with specific information rather than mere speculation. As to Item No . 3 (aeration system) , again I reject your statement that the aeration system is operating without approval of Operation Standard No . 15 of USR-540 and the applicable State statutes . I would call to your attention my letter of May 27, 1993 addressed to Mr. Keith Schuett at the Weld County Department of Planning Services requesting copies of any plans, memoranda or other documentary evidence that the aeration system needs approval . No such documentary evidence has been provided to this office and this office knows that there are no approved plans or requirements for approval of the aeration system. When the USR was approved on December 12, 1983 , the aeration system was a County requirement and not a State requirement and is governed by Operations Standard No . 7-J which reads as follows : "An aeration system shall be installed and operated on the four evaporative ponds . " This was an operational requirement of the operator and the County did not and has never required approvals of operational plans . Based upon the fact that County approval for design and operation has never been required, we do not seek your approval of the operation or design of this facility. The operator is merely required to install and operate an aeration system and the design and operation of that system is at the discretion of the operator. At this time all ponds have aeration systems installed and are in operational condition. 5Sn 940056 I Weld County Department of Health June 25 , 1993 Page 2 As to your other items concerning the emissions permit, erosion on Pond E and depth of Pond E, further information and response will be submitted in a different letter. I can advise you that reparation work on Pond No . 4 (E) cannot commence until further evaporation takes place so that a full engineering analysis can be developed. I would further add that as to your statement that Pond 4 (E) is in violation of the 30" approved depth, I must again advise you that such a statement is entirely inaccurate . Pond No . 4 was specifically reviewed, approved and permitted by actions of the Board of Weld County Commissioners, the Weld County Health Department, the Weld County Planning Department and the State of Colorado Department of Health during November and December of 1992 and January of 1993 . Please review your records and you will be able to confirm all approvals . Very truly yours, LIND, LAWREN E TTENHOFF Kenneth F. rind KFL/cg pc : Keith Schuett, Weld County Planning Department Roger Doak, Colorado Department of Health Patty DePlazes Vern Nelson Mike Cervi 940056 MAY 25 '93 07:02 FROM WELD CO TREASURER TO 3561111 PPGE.002i002 tit 6t. MEMORAnDUM EXHIBIT Williere Chuck Cwtli£fe, Planning D May 21, 1993 �� COLORADO John Pickle, heal •� Ftem Shmefset Bacteria application Plan - NCB Dur Division has reviewed Northern Colorado Brine's plan or microbial application for temporary odor control. The Division approves the plan with the following comments: 1. In our opinion, this plan does not constitute a Major Change. 2. The leper Crum National Parakleen Company indicates that five (5) samples were collected from the ponds and sent in for analysis. However. test results received with this proposal indicate results for only two (2) samples. We would request explanation for the other samples. Additionally, if the facility selected turn (7) .samples to be analyzed, what criteria were used for selections further, it is not clear as to the exact point of collection for any of these samples. This needs to he clarified. 3. There is no discussion of how the microbes were to be introduced into the pond. They should be introduced in a manner which will prevent injury to the liner or the putul. 4. The proposal does not offer a method to assess the effectiveness of the application. The above questions should be addressed. In addition, an assessment program to document effectiveness should be implemented. This assessment program should consist of analysis such as outlined in NCR's prcpnsal and .should he completed on a biweekly basis to assure the facility is making progress toward its goal of odor reduction. This proposal does not constitute approval by the Colorado Department of Health, Solid Waste Division. XC: Mrs. Cotmie Harbert, Commissioner RC: Lee Morrison, Assistant County Attorney RC: Keith Schuett, Planning Mla 2 4 1993 ** TOTAL PAGE.002 ** 9400„c6, . << RECEIVED JUN 1 1993 f‘ik( 44t DEPARTME NT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE O GREELEY, COLORADO 80631 COLORADO May 26, 1993 Ken Lind Lind, Lawrence, and Ottenhoff Attorneys at law P.O. Box 316 Greeley CO. 80632 Subject: USR-540 (Northern Colorado Brine) . Dear Mr Lind: Thank you for the copies of the letter to John Pickle, dated May 20, the letter from Patty Deplazes that you faxed to me. The Department of Planning Services' staff has reviewed the information provided by you on the proposed change to the oil and gas brine water disposal and oil recovery facility, as described in the application materials and the memorandum from John Pickle, dated May 20. The staff has determined that the proposed change in the operation to incorporate the proposed treatment of the brine water ponds with two anaerobic bacteria compounds, as described in the information provided, would not be a material deviation from the plans and/or standards, as reviewed and approved for USR-540. No other changes to the oil and gas brine water disposal and oil recovery facility are being approved with this letter. The additional information requested in Mr. Pickles memorandum of May 21, 1993, must be provided as soon as it is available. Please call or write me if you have any questions. Respectfully urrent Planner pc: USR-540 Mrs. Connie Harbert, Commissioner Mr. Lee Morrison, Assistant County Attorney Mr. John Pickle, Weld County Health Department 940056 EXHIBIT EL TORO MANAGEMENT SYSTEMS, INC. 55 134 West Harris Building Office: (915) 653-2648 Suite 1 P.O. Box 1987 San Angelo, Texas 76902-1987 FAX: (915) 655-2645 To eliminate odor at the NCB Disposal System we must do two things: (a) separate the hydrocarbons and solids from the newly disposed water, and kill the odor forming bacteria that is present in this water, and (b) kill the odor forming bacteria that is present in the ponds, and not allow incubation of the bacteria in the ponds. The existing system must be modified by installation of a mechanical separation apparatus (known as a two-stage heater treater) and implementation of a chemical program to be run in conjunction with the mechanical separation. We will explain what these modifications consist of and what part each play in the overall operation of this facility in the following narrative. First, delivery trucks back up to a cement slab and gravity unload the water that is to be disposed. The water flows into a dump pit and is transferred by pump to the old skim pit. At this point the water contains hydrocarbons, solids and bacteria of various kinds. The water is picked up from the skim pit by means of a centrifugal pump, and put into a transfer line. At this point the water enters a pre-heater (the first stage of the heater treater) and the temperature will be raised to 60 degrees Fahrenheit. As the water passes through the pre-heater the hydrocarbons and water begin to separate. (, .F 9400:16 The fluid leaves the pre-heater and travels into the second stage of the heater treater at which time a water clarifying chemical is injected into the system. At this point the oil completes its separation from the water and the suspended solids fall out of solution and into the bottom of the vessel. An oil water interface is formed in the heater, and as oil accumulates above the interface it floats into an oil bucket, whereupon a triggering device will start a pump to send the oil to a storage area. An interface sensitive switch will activate as the oil-water interface rises, allowing the water (which is free of hydrocarbons and solids) to be pumped into a discharge line on the way to the pond storage areas. It takes 12 to 20 minutes for the heat and chemicals to induce the necessary changes in the fluids to enable separation and complete the solid fall out. The system is designed to allow the fluid to remain 45 minutes in the pre-heater (first stage) and for 60 minutes in the second stage of the heater treater. This allows approximately 500% of the necessary time for complete separation and removal of the hydrocarbons and solids from the water which is to be discharged into the storage ponds. As the fluid leaves the heater-treater, an oxidizing agent is injected into the discharge line and bacteria in the fluids are killed. The oxidizing agent also prevents incubation of bacteria in the water which goes to the ponds. Periodically, a sand jet system inside the heater treater washes the solids to a scrubber tank where they are oxidized with an oxidizing agent, and circulated for 3 hours. This oxidization process transforms solids into purified powder that will be transferred to a tank for storage, future testing, and disposal. 910056 All lines will be located underground, and the vessels will be insulated against freezing. During periods when no water is being delivered to the system due to inclement weather, water heated by the treater can be circulated through the system to prevent freezing. If these modifications are implemented and if fluids are monitored closely, the odor from the NCB Disposal System will be eliminated, the quality of the treated water will be that of irrigation water, and solids will be purified to an extent such that above ground, onsite disposal will be possible. 940056 3 40 CP EXHIBIT N L ENGINEERS sr A 822 7TH STREET GREELEY,COLORADO 80631 (303)3668382 May 13, 1993 Mr. Keith Schuett Weld County Planning 1400 N. 17th Ave. Greeley, CO 80631 RE: Northern Colorado Brine Odor Abatement Plan Dear Mr. Schuett: Enclosed is an odor abatement plan for first-sLage operation, prepared for Northern Colorado Brine by Eastern Plains Environmental Services (EPES) and reviewed by Nelson Engineers. Part of the plan is already in operation and the remainder is to be completed in the near future according to Mike Cervi, owner of Northern Colorado Brine. • It is the intent of Northern Colorado Brine to complete the installation as described in the plan and' to operate the installed system to gain maximum benefit to control odors. If you have any questions, please call Patty Deplazes at 454- 3452 or me at 356-6362. Respectfully, LaVern C. Nelson, P.E. cc: Mike Cervi Patty DePlazes Ken Lind • • STERN PLAINS ENVIRONMENTAL SERVICE PATTY =8I,71Yii ins. (303) 404.3412 B.O. sox 161 gas (303) 117-3421 Picas, CO 80650 Mr. Keith Schuett Weld County Planning Department Weld County Administrative Building 1400 N.17th Greeley, CO 80631 Dear Mr. Schuett • RE: Northern Colorado Brine Rnclosed please find Stage I and Stage II-Preliminary of the Northern Colorado Brine Odor Abatement Plan. Stage I was prepared , by Eastern Plains Environmental Service, and reviewed by Nelson Engineers. Stage I is being implemented at this time. The enclosed plans for Stage II outline the, basic design and operation of the improved odor control and skimming system, but are preliminary plans only. The Stage II system is being designed by El Toro Water Systems, Permian Pipeline and Construction COW9II%y and Custom Chemco, all of Texas. Extensive chemical testing has been performed on water. samples from NCB in order to ensure that the system is designedtta treat the brine and production water produced in Weld County drilling formations . Detailed plans will be available and presented at the May 19, 1993 hearing. Members of the design team will be present to answer questions and explain the details of the system. Stage II of the Northern Colorado Brine Odor Abatement Plan will provide the improved control of odors at NCB. However, due to the capital expenditure required to install the Stage II system, istal.lation of this system is only feasible if NCB is granted the increase in disposal to 300, 000 barrels per month (10, 000 bblidmy) as previously requested. If the Stage II system is installed, it will not be necessary to boom Pond 2 for secondary skimming o₹ the , incoming brine. Stage II has been proposed to the Air Quality Division owf the Colorado Department of Health for odor control, along requested increase in Permit 90WE161 production limit to 300, 000 barrels per month. Please call if I may provide further assistance or auawer any questions regarding this matter. Sincerely Patty I plaza cc: Mike Cervi, NCB 940056 MAY 11 en l.o•�a .....f Wiicarn Wheap'aco, Inc. IS j ?11' IS P. O. BOX O296 111 1 ODESSA. TEXAS 79768 li I O CHEMICAL PLANT I/ May 10, 1993 PHONE 550.3130 Onward Boatright El Torn water Systems San Angelo, Texas Res Recommendations for treatments of oil and water frost disposal system near Greeley, Colorado. Howard, After extensive sampling of the produced fluids, we have deeermined that two different blended products will be required to adequately clean the water for disposal. re order to commence the cleaning process, .your waters must first have all solids and hydrocarbons removed. To achieve this. we would recommend injecting a blended water clarifier into the system at,: the inlet side of the line heater. Once this chemical is introduced, the solids and hydrocarbons am saqusntared from the water and the oils that are contained immediately begin to break to the cop, At this time, the heavy solids drop to the bottom of the line beater for transferral to a sludge tank for future oxidation and finally dissolution. The remaining treated waters and oils then enter a free water knockout for final separ- ation and transmittal to their respective holding tanks. It is here, on the discharge side of the knockout, that the final phase of water treatment will occur. We would propose injection of a blended oxidizing agent to totally eliminate bacteria cultures and any remaining impurities which can cause odors and solids build-up. As the second stage of treatment is completed, the waters are transferred to a larger holding pit where an agitation/ aariator is installed to ensure proper blending of the oxidizers and whirs to totally eliminate any foul odors to the open air. In summary, we would like for you to know that we have treated t situation much like this in Hasps, New Mexico. with success, The water clarifiers an,: oxidizers have been used on the Indian reservation them to irrigate, water nettle, and subsequently be sent down creeks.The sur_ceis of this project is due in part to scheduled water sampling and tasting to ensure water elrity and safety. '+1a would rar.ommend that your company pull samples at submit them to us at twice monthly intervals to provide the lamp assurances for continuous successful treating. In closing, we express our thanks for allowing us to sample and remark an this system. If we can be of any further assistance, please don't hesitate Co call anytime. Sincerely, 7k.LIMtie CHEMICALS FOR THE OIL INDUSTRY rW' PRODUCTION & DRILLING 2 94OO5W�' r Sm or Exurb% NORTHERN �IARADO BRINE-ODOR ABATEMENT FLANgin WO STAGE IT-PRELIMINARY S 4"PVC• 1 • pt soo 44 Iii Ik ttii...............,\ . of j • c i__�! cr,„. �! � •N N U aJ � _ . r • o l'A"OSBO tv . • am.ss c°�wr FRiNI PGWOs I_ m ann Taros reik —, 4"PVC a. 4,.Pic v er so PVC TQ wee 'fitcnotsi al us v § r o m m s. w 65P( 940056//' NORTHERN COLORADO BRINE - ODOR ABATEMENT PLAN anal A. AERATION / MISTING SYSTEM, PONDS 1 AND 4 This aeration system will consist of two (2) lines on each of Pond 1 and Pond 4, running in an east-west direction. Each line on Pond 1 will be approximately 403 feet long, with aeration/misting heads approximately 11 feet apart . All aeration/misting heads will be at least 50 feet from the berm. (See Exhibit A. ) The systems will be powered by 100 horsepower electric motors, using pumps rated at 2000 gallons per minute at 50 pounds per square inch of pressure. The pumps will be located on the west side of the ponds . Each pump will be placed on a double layer of 6 mil plastic, edged and sloped in such a manner as to assure that any water leaking from the pump will drain into the pond. The berm of the pond will be protected from erosion from water draining into the pond. The manifold connections will be of a flexible material approved for outdoor use. The aeration system will be operated at all times in such a manner as to assure that the spray stays within the berm of the pond. The pressure and height of the spray will be reduced under wind conditions to assure that no off-site contamination occurs . A low pressure cutoff switch will be installed to shut off the system if a drop in pressure occurs . ESTIMATED EVAPORATIVE LOSSES DUE TO AERATION/MISTING SYSTEM (LOSSES PER POND) Assume: 7% loss of total flow Pump Rating: 2000 gpm @ 50 psi Pump Output: Assume 1700 gpm Estimated Loss : 4080 barrels / pond / day 1 ' 940056 0 -p . C -l-1 - r- • Lc1 -0 V v 1 O O a 2 '� • p • O ' 7) _ Z r CO > Z A O U) 1 0 1 M Ins N . LI to co n ' b • 11 n. 11 j 11 11 11 - • • P in m in. •r ni b ' IiF : N . p in in —L. - Q.' N 1 P v P -i N € ' IV 14 n f . N - N Ax I ° - O 6`. Exhi6)t A 940056 Northern Colorado Brine, Odor Abatement Plan Page 2 B. CHEMICAL APPLICATION The odors at Northern Colorado Brine stem primarily from the anaerobic condition of the ponds and the activity of anaerobic bacteria in the ponds . Chemical applications to the ponds may provide a satisfactory solution to the immediate odor problems . All chemical applications will be evaluated for effectiveness, and utilized as warranted in order to control odors at the site . Application 1 . Analysis conducted on pond water at Northern Colorado Brine indicates that all the ponds are presently anaerobic, with a relatively high level of biochemical oxygen demand (BOD 2900 mg/1) . Northern Colorado Brine will apply calcium hypochlorite (Ca (OC1) 2) to reduce BOD loading and to shock the ponds out of the anaerobic state. Testing done on the pond water in its current anaerobic state indicates that 40 parts per million calcium hypochlorite will produce 0 . 03 mg/1 dissolved oxygen, and that this aerobic condition will persist for at least 24 hours . In addition to bringing about the aerobic state of the ponds, the calcium in the calcium hypochlorite will combine with the sulfate in the pond water, thus reducing the food supply of the sulfur reducing bacteria. Mechanical aeration will be applied using the existing aeration systems on Pond 2 , Pond 3A and Pond 3B, and the new aeration/misting systems on Pond 1 and Pond 4, to maintain the aerobic condition of the ponds . Treatment of the pond water with calcium hypochlorite will be evaluated for effectiveness, and ongoing treatment of the influent will be implemented as warranted to prevent a regression of the ponds back into the anaerobic state . Application 2 . In order to more effectively control the odors at the site, the incoming production water will be treated with a specially blended chemical, tailored to the waters produced in Weld County drilling operations . This chemical application will be injected at a rate of one gallon per 100 barrels of production water and will facilitate the separation of the oil and water. Enhanced separation of the oil and water will reduce any odors caused by residual hydrocarbons on the pond surface. 6 r, 940056 i7' Northern Colorado Brine, Odor Abatement Plan Page 3 Application 3 . A water clarifier will be injected at the dump pit or into the skim tanks, at a rate of two gallons per 2000 barrels . This clarifier will facilitate the removal of the hydrocarbons from the production water. Enhanced removal of the hydrocarbons from the production water prior to release into the evaporative ponds will reduce odorous emissions from residual hydrocarbons on the surface of the ponds . Application 4 . After the hydrocarbons have been treated and removed through the skim tanks, an oxidizing agent such as sodium chlorite will be injected at a rate of four gallons per 2000 barrels, in order to accomplish destruction of the anaerobic bacteria colonies . Injection of the oxidizer will reduce the odors caused by bacterial activity in the ponds . C . BACTERIAL BIOREMEDIATION Northern Colorado Brine is also investigating the possibility of using bacterial bioremediation to treat the pond water and reduce the odorous emissions from the ponds . This bioremediation will be accomplished with the assistance of National Parakleen Company (NPC) . NPC is internationally recognized for its expertise in the oilfield use and application of microbes . Their customers include Exxon, Texaco, and Chevron, as well as the national oil companies of Indonesia and Mexico. NPC has offices in seven states domestically, and operates their own laboratory. NPC provides bioremediation of surface spills of petroleum products and waters contaminated by hydrocarbons and other impurities . NPC has conducted extensive testing on water samples from Northern Colorado Brine, and realized significant reductions in total dissolved solids (TDS) and petroleum hydrocarbons after inoculation with bacteria. A significant reduction in odors in the sample was also noted. The existing pond water at NCB can be treated with microbes to reduce any odorous emissions from the ponds . D. SKIMMING OF EVAPORATION PONDS All ponds at Northern Colorado Brine will be skimmed to remove any residual oil from the surface of the ponds . A regular schedule of skimming the ponds will be implemented to maintain the ponds free of surface oil . Northern Colorado Brine, Odor Abatement Plan Page 4 E. ROUTINE ODOR EVALUATIONS Northern Colorado Brine has retained the services of Eastern Plains Environmental Service to perform routine odor evaluations at the NCB site. Evaluations are done at least 2-3 times weekly, and in response to notification by Weld County Health Department of any alleged violations of Regulation 2 . All such evaluations are performed by a Certified Nose, fully certified by the Colorado Department of Health to perform odor evaluations . F. PLAN SUMMARY AND SCHEDULE Aeration / Misting System, Pond 1 and Pond 4 Pond 1 - Expected date of completion: May 5, 1993 Pond 4 - Expected date of completion: May 15, 1993 Aeration System: Pond 2 , Pond 3A and Pond 3B Pond 2 - Repairs completed: February 22, 1993 Pond 3A- Repairs completed: May 5, 1993 Pond 3B- Repairs completed: February 22 , 1993 Chemical Application - Initial 65% Calcium Hypochlorite @ 40 ppm / 40, 000, 000 gallons water 20, 308 # calcium hypochlorite Chemical Application - Ongoing 65% Calcium Hypochlorite @ 40 ppm / 2000 bbl / day 27 . 8 # / day Skimming of Ponds Pond 1 - Completed April 28, 1993 Pond 2 - Expected date: May 15, 1993 Pond 3A - Completed April 9, 1993 Pond 3B - Completed April 22, 1993 Pond 4 - No skimming needed Odor Evaluations Routine odor evaluations will continue as specified. Testing of Pond Water Results attached pc 940056 '7 Fax Transmittal Memo ,..,,v,:l., „,•, Ntl� _ '� 09/53 3 —" ?t,_,.` From t'�a t. I''C. �;�r... •. .„-a„„ r"v',y C-4: t�Cv -w�—`-c.�,.r_�....c.-/ Fas♦ z:.Cb.i, PepM iie- _)'nor l.w, �-.I':-tick.: N MICRO-BAC INTERNATIONAL, INC. 9607 GRAY BLVD. AUSTIN,TEXAS 78755 Phone: 512-837-1145 Fax: 512-837-5965 LABORATORY REPORT Date Received:4/211193 Sample:0645 Submitted By:D.d.BASIN AREA Client:NPC JOHN ELDER Address: Date Completed:5/13/93 Treatment Rating: Good with Mlero.Rac Comments: On April 28,1993,Micro-Doe International received 2 samplesfor product testing. Sample A(Pond 4E) was a thin black liquid with a strong sour odor. Sample B was a clear gray liquid with a dark black liquid layer on top which was thicker than bottom layer. Among sour odor was also present in this•sample. Treatabilities were set up with a control,Mega-Dac X.M-100011•.and Micro-Bee and allowed to incubate at 35 degrees centigrade for 7 days. Microscopic examination after incubation showed a good number of bacteria present with good acik by In the samples treated with Mega-Bac X,Md000I1•,and Mein-Bac. The sample treated with Micro-Hat had a steam ourulret of bacteria present after incubation and a good decrease in odor was also noted in this sample The odor remained relatively the same in the control and the sample treated with Mega-Bac X. A slight decrease in the odor was noted in the sample treated with M-I000H•. Total suspended solids results were as follows: A Mega-Dec X 708mg/L A M-1000ff• ilomg/L A Micro-Bac 224mgl, B Mcga-8ac X 1t68mg/t B M-10001f• 2328mgrl. B Mho-Bic 1720mgrl, 7PH results ere attached. Please feel free to contact us tf any additional information is needed. Thank yeu. /ew 00: Dennis R.Schneider,Ph.D. n Teat Perfumed By:11,1,U�1 �.�fi�- _.__-- 940056 /C, FAIN riICRc-PAC AUSTIN 5. 14. 1993 1415:3 P. ? Results of MB'Extract and Petroleum Hydrocarbon Anslyth Data: 3/13/93 MBI Sample No. 0645B 0645B 0f45D 06436 Control M1000H MBX MICRO Sample Type Aqueous Aquoous Aqueous Aqueous Total Extract Coneentrauuu(mg/1) 53,043 50,549 52,525 52,873 Hydrucai bun Concentration(mgi) 32.943 36,155 3'5!312 35.689 Analyet: _ Laboratory Testing performod by Miero-Bac International Inc.Analytical Streit= Cie 940056 FROM MICRO—BAC AUSTIN 5. 14. 193: 14: 59 P. 3 Results of MBI Istract and Petroleum Hydrocarbon Analysts Date. 5/13/93 MB1 Sample No. 0G45A O645A 0645A 0645A Control MIUUUH MBX MICRO Sample Type Aqueous Aqueous Aqueous Aqueous Total Extract Concentration(mg/I) 14 10 10 5 Hydrocarbon Concentration(mg) <S <5 <5 <s Malys%: /C �. Laboratory Testing performed by Micro-Bac International Inc.Analytical Services 910056 /'1. LABORATORY REPORT WELD COUNTY HEALTH DEPARTMENT LABORATORY 1517 16TH AVENUE COURT GREELEY, COLORADO 80631 REF. NO. : ( - f 4 O G SAMPLE NO. t COLLECTED BY: P SPIN«i DATE TAKEN: Vi apt 7 RECEIVED IN LABORATORY: DATE: V-a.,./4 3 , TIME: . BYt DESCRIPTION OF SAMPLE AND SOURCE: N e•-• ��lp �1 e to , 4 r�n �c%T►� 2 to ThirteS DATE COMPLETED: / 13 /-/3 MAIL REPORT TO: P4rry �LPLA7-es APES/AlCB ANALYST: 49f\ eBO/ x 142 PI OE(C (o goeho so RESULTS: Sn .m/. d ;sS0 �0.ed 0 A79Pn #f l 0 , 3 my /L Gz # �. . 0 , S Lfhi-S later //////Y/ /// ////////i// LABORATORY CONCLUSIONS ADMINISTRATIVE RECOMMENDATIONS EM15 9110056 COMPANY NAME: Northern Colorado Brine • CENREF PROJECT NUMBER: PR930537 Sulfide Analysis METHOD 376.1 CENREF SAMPLE IDENTIFICATION SAMPLE NoLBEEULLI ( ma/1) ( ) 1889 Fond C 3/3/93 1890 Pond B 20 BDL 3/3/93 • 20 BDL 1891 Fond E 3/3/93 20 BDL 1892 Pond D 3/3/93 20 BDL • BDL = Below Sample Detection Limit SDL = Sample Detection Limit CCMMETPS: Please note increased detection limit. This was required due to sample matrix. Cerref! � pt � f 1 9I005s WELD COUNTY HEALTH, DEPARTMENT LABORATORY 1517 16TH AVENUE COURT GREELEY, COLORADO 80631 WATER QUALITY DATA LAB NO. 1 ) Station Designation: Date of Sample: REMARKS: • Town. Co: - :y. etc. : yel r month day /Vied /y.C 191V r�iLy (/ ✓ r' i�{� Time of Sample: PG w nr Collector: I I 1 l 1 Station Code Serial : Date sample received - .i at Laboratory: QI yer r I mnonth I a yCI• Received by: ^y 0 , TIME: 1 1 3 0 TEMPERATURE (oF) ' - TOTAL SOLIDS (mg/1 ) CYANIDE (mq/I ) - ' 1 pH (Standard Units) VOLATILE SOLIDS (mg/1 ) SELENIUM (ug/1) F . I I 1 L _ DISSOLVED OXYGEN (mg/1 ) TOTAL COLIFORM (per IOOmI ) SULFATE (mg/l) Din I CHLORINE RESIDUAL (mg/1) FECAL COLIFORM (per IOOml ) TOTAL HARDNESS as CaCO3(mg/I ) I TURBIDITY (ftu) AMMONIA as N. (mg/1 ) CALCIUM as CaCO? (mg/1) • l_..! CONDUCTIVITY . (micromnos) NITRITE as N. (mg/1 ) MAGNESIUM as Mg (mg/1 I BOO (mg/I ) NITRATE as N. (mg/I ) SODIUM (mg/1 ) � � clIid 1" 1 COO (mg/i) KJELOAHL NITROGEN (169/1 ) ARSENIC (ug/1 ) 1 COLOR (units) TOTAL PHOSPHORUS as P (mg/I ) CADMIUM (uq/I) H 1 OIL L GREASE (mg/1) MBAS (mg/I ) COPPER (ug/I) 5t Rio. SETTLEABLE SOLIDS (ml/I)• BORON (ug/1 ) CHROMIUM, HEX . _ (uq/I ) i 1 - I. DISSOLVED SOLIDS (mg/I) CHLORIDES (mq/1 ) IRON (u s#0 )37 700 . 6 n1 mok- ;USPENDED SOLIDS (mg/1 ) . FLUORIDE (mq/l ) TEAO Cog/ I) 1 Lab. Water Dual . 303 State Health Department Water Quality Control 4170-092 ,( 940056 '/3 3ai__o_ _o0-0460 NELSON ENGINEERS PAGE 03 DEC-14-1992 ]540 FROM EVERGREEN ANALYTICAL INC. TO 13535997 P.02 EVERGREEN ANALYTICAL, INC. ` 4036 Youngfield St. Wheat Ridge, CO 80033 (303)425-6021 Miscellaneous A,nalvses Date Sampled : 12/9/92 Client Project ID. : Nelson Engineers Date Received : 12/9/92 Lab Project No. : 92-4657 Wat4 Client Sample ID. : 92275 Matrix r Lab Sample No. : X64672 Date Date ,aalv3it Result tevared Isa vied mesb°d )ii & Grease 359 12/10/92 12/11/92 EPA 413. 1 ;mg/L) total Dissolved 13018 ( 1.3%) 12/13/92 12/13/92 EPA 160 . 1 Solids (mg/L) "-tel. Alkalinity 267 _ 12/14/92 12/14/92 EPA 310 . 1 CaCO,/L) PH 5.93 12/10/92 12/10/92 EPA 150 .1 • Analyst ApP us:.e.1* <;61)( 940056 /6, - J-_, CDT __ EVERGREEN ANALYTICAL, INC. 4036 Youngfield St. Wheat Ridge, CO 80033 (303)425-6021 . Anions Date Sampled : 12/9/92 Client Project ID. : Nelson Engineers Date Received : 12/9/92 Lab Project No. $ 92-4657 Client Sample ID. : 92275 Matrix : Water Lab Sample No. : X64672 Method : EPA 300.0 Date Date pnaZyte Result (mc/L) Psetared Anaiveed Chloride 6780 12/11/92 12/11/92 Sulfate 222 12/11/92 12/11/92 Analyst ppr ed • ,,'C1k 04/30/1993 15: 58 356-6486 - NELSON ENGINEERS PAGE 05 DEC-14-1992 1 41 FROM EVERGREEN ANALYTICAL INC. TO 1353589'% 940056 /7 EVERGREEN ANALYTICAL, INC. 4096 Youngfield, Wheat Ridge, CO 80033 / • TOTAL VOLATILE HYDROCARBONS (TVH) • Date Sampled : 12/09/92 Client Project No. : Nelson Engineers Date Received : 12/O9/92 Lab Project No. . . : 92.4657 Date Prepared : 12/14/92 Matrix : Water Date Analyzed : 12/14/92 Method Number : 5030/8015 Evergreen Client Surrogate TVH MDL* Sample # Sample 0 Recovery mg/L mq/L • X64672 92275 98% t 2,500 5.0 QUALIFIERS U. TVH analyzed for but not detected. Bs. TVH found in blanks as well as sample (blank data should be compared) . *..MDL Method Detection Limit -- - -� -----� 15'-,-Icg—_ ^Y ' X41`` Ana y✓jr Approved 04%30/19`, :5: 58 356-6486 NELSON ENGINEERS PAGE 06 CrPr J-Jr 940056 /8 EVERGREEN ANALYTICAL, INC. • / 4036 Youngfield Wheat Ridge CO 80033 (303) 425-6021 VOLATILE ORGANICS ANALYSIS DATA , lent Sample Number : 92275 Sample Number : X64672 Client I .D. NELSON ENGINEERS Sampled : 12/09/92 Lab Prp act No. 92-4657 :to Received : 12/09/92 Effe tj*e Dilution : 100, 00 eta Extracted/Prepared : 12/11/92 Method : 8240 (8260) its Analyzed : 12/11/92 Matrik : WATER ethanol Extract? N Lab File No. i >V604 arcent Loss on Drying : NA Method Blank No. i R8121192A ompound Name Cas Number • Conc. PQL* ug/L ug/L hloromethane 74-87-3 u 1, 000 romomethane 74-83-9 • U 1 000 inyl Chloride 75-01-4 U 1, 000 hlbroethane 75-00-3 U 1, 000 ethylene Chloride 75-09-2 U 500 cetbne 67-64-1 U 10,000 arbo Disulfide 75-15-0 U X500 ,1-D .ch4oroe,.hene 75-35-4 U 500 , 1-D ehoroethane 75-34-3 U 000 3 rams 1, 2-Dichloroethene 156-60-5 U 'SO :hlorgfo m 67-66-3 U 500 , 2-Dlchloroethane 107-06-2 U 500 8utano1e 78-93-3 U 10,000 ., 1 1r-�Trichloroethane 71-55-6 U 500 iaomodichlor Tetrachloride 56-23-5- - U 5500 'inyl Acetate 108-05-4 U 5, 000 .,2-DichloroQpropane 78-87-5 U 500 'r ens 1, 3 bichloropropene 10061-02-6 U 800 'riohloroethone 79-01-6 U 00 .. 1,2-Trlohloroethans 79-00-5 U GG0 `zone 71-43-2 12, 000 00 oomochlorpmethanPpe 124-48-1 , U 5 0 - J1, 3 10110-75-8 U 1,000 3rom0form 75-25-2 V 500 :-Methy1-2-Pentanone 108-10-1 ' U 5, 000 ?-Hexahone 591-78-6 U 5, 000 L, 1, 2 , 2-Tetrachloroethane 79-34-5 U 500 retrachloroethene 127-18-4 500 !toluene 108-88-3 32, 000 U 0 :hlorobenzene 108-90-7 500 1 Benzene 100-41-4 1, 100 U 7100 0 10 l Xylenes 1330.20-7 18,000 8 500 Surrogate Recoveries: QC Limits 1 ,2 Dich oroethane-d4 101% ((87-109 toluene-d8 109% (88-1103 dromofluorobenzene 106% ((89-ill 2ualifiers: Compound analyzed for, but not detected above reporting limits. Rep parting limits are roughly the method detection limit## ftor r ent water J = Indicates an estimated value when the Compound as detected, but ?s below the EPA Practe cal Quentita ion Limit ( L) . B - Com un found in b4ank and sample. Compare lank and ss mpp1 da E - Com o,pnd is detect at 4 concentration outsi a the c 11� at on 1 its, * - Practical Qua tltat}on Limits listed in EPA SWi46 Vol. ih, art I pa. 8240-4 . in.mum instrument detection lliimits ars Less than tno numbers show this column. Unless otherwise d 411 concentrations and PQL'# fo s- ' s are quantitated on a weight basis. (NA - not applicab o not available) lyst Approved 04/30/19'.' 15: 58 356-6486 NELSON ENGINEERS PAGE 67 FtC-14-1i i�:42 FROP1 EVERGREEN ANALYTICAL INC. TO 13535897 940056 f--)55k .A__ - 7--:'5c ,.c =RCf- :: -ti,--,,."..... ^.ti p . .iv... .. 13535897 P.06 4036 Y ungfi.eld Wheat RidgeICO. 80033 303 425-602 � ) 1 VOLATILE ORGANICS ANALYSIS DATA METHOD }MANX REPORT 9 Blank Number : R8121192A Client I.D. • 1 NELSON ENGINEERS to Extracted/Prepared : 12/11/92 Lab Project No. : 92-4657 to Analyzed : 12/11/92 Effective Dilution : 1.00 I Method : 8240 (8260) Lab Pale No. : >V60`0 • mpound Name Cas Number Conc. PQ/ • uq/L ug/L loromethane 74-87-3 ompmat ane 74.83-9 1 U l0 nyl Ch oride 75-01-4 U 10 loroe ant 75-00-3 U 10 thylens Chloride 75-09-2 stone 67-64-1 U 5 rbb1� Disulfide 75-1S-0 U 100 1-Dichloroethene 75-35-4 U 1-DichlOrgethane 75-34-3 U 5 5 ane 1,2-Dichlorosthene 156-60-5 for form 67-66-3 1 U 5 2-Dichloroethane 107-06-2 Butano a 78-93-3 U 100 1 1-Triichioroethans 71-55-6 rbon Tetrachloride 56-23-5 U S amodichleromethane 75-27-4 U S nyl Acetate 108-05-4 2-Dichloropronane 78-87-g U 5 4ns 1, 3 Dichlbropropene 10061-02-6 lelnlor ethene 79-01-6 UU 5-Trichloroethane 79-00-5 U 5 otvmochloromethane 124-48-1 a 1, 3-Dichlocopropene 10061-01-5 V U S:hloroethylvinyl Ether 110-75-8 U 10 omoform 75-25-2 Methyl-2-Pentanons 108-10-1 tiexaho_ne 591-78-6 U So, 2 Tetrachloroothane 7 34-5 U rachloroethene 127-18-4 luene 108-88-3 lorobenzene 108-90-7 V nyl Benzene 100-41-4 1 U 5 ene 100-42-5 :al Xylsnss 1330-20-7 55 :rogats Recoveries: QC Limits 2 Dichloroethane-d4 96%. luene-d8 88 110- Nzofluorobenzene 95% 89-111, llifiers: - C outtnd analyzed for, but not detected above reporting limits. Re rting limits are roughly the method detection 11im s or reagent stator = In Cates an estimated valui when the compound is detected, but is be ow the EPA Practical Quantitation Limit pQL - Compound found in blank and sample. Compare blank and wimple dat - Compound is detected at p concentration Outside the calibrtion l pits. - Practical Quantit tion Limits listed in EPA SW846 Vol. 18, Part I pa. 8240-4 . The imam instrument detection limits are lass than the numbers shown i is column. _es, otherwise not 11 concentrations and PQL' e for soil, are `itated on a dr lght basis. (NA - not apple hie r not available) et Approved 940056 - 1L NORTHERN COLORADO BRINE - ODOR ABATEMENT PLAN Stage II--Preliminary The odors at Northern Colorado Brine stem from two sources: bacterial activity in the ponds and the presence of residual petroleum hydrocarbons in the pond water. Extensive investigation conducted by NCB has determined that installation of technologically improved equipment to replace the presently approved heater treater, and the injection of chemical additives into the incoming brine will effectively control odorous emissions from the ponds. Northern Colorado Brine will install an improved skimming and oil treatment system, in order to better separate the oil and hydrocarbons from the incoming brine, and thereby conrol odors stemming from the presence of oil and hydrocarbons on the pond surface. In addition, automatic chemical injection will be utilized to reduce the BOD levels of the brine, and control odors stemming from biological activity in the ponds. The water released into the ponds after treatment through the improved system is expected to be a quality suitable for irrigation. This system will consist of the replacement of presently installed and approved equipment with technologically improved models. The present heater treater will be replaced with an improved and more efficient 2-stage heater treater, which utilizes the second chamber for free water knockout. The present oil settling tank will be used to store and treat the solids that are removed from the production water. The production water will be pumped from the dump pit through a screened filter and into the first stage of the heater treater. A combined chemical will be injected into the waste stream to clarify the incoming water. This process will cause the solids in the water to settle out, and will begin the process of separating the oil and water. The solids will be pumped into the solid holding tank for storage and further treatment. The separted solids will be nonhazardous, and may be disposed of in the ponds as they are part of the incoming brine, and therefore part of the approved waste stream. The water will flow into the second stage of the heater treater, where further separation of the oil and water will occur. Here the oil will be carried off into the present oil storage tanks. The water will be injected with a second chemical, to oxidize the organic matter in the water and reduce the BOD of the water. The odor causing bacteria cultures will be destroyed. The water will then be pumped into the ponds for evaporation. The system to be installed is designed to process up to 18,000 barrels of production water per day. ��F 940056 _'1I Mint 11 •o. P. 0. BOX 13296 1 ODESSA. TEXAS 79768 itt May 1O, 1993 CHEMICAL PLANT PHONE 550.3130 Howard Boatright El Toro Water Systems San Angelo, Texas Ret Recommendations for treatments of oil and water from disposal system near Greeley, Colorado. }inward, After extensive sampling of the produced fluids, we have determined that two different blended products will be required to adequately clean the water for disposal. In order to commence the cleaning process, your waters must first have all solids and hydrocarbons removed. To achieve this, we would recommend injecting a blended water clarifier into the system at • the inlet side of the line heater. Once this chemical is introduced, the solids and hydrocarbons are sequestered from the water and the oils that are contained immediately begin to break to the top. At this time, the heavy solids drop to the bottom of the line heater for transferral to a sludge tank for future oxidation and finally dissolution. The remaining treated waters and oils then enter a free water knockout for final separ- ation and transmittal to their respective holding tanks. It is here, on the discharge side of the knockout, that the final phase of water treatment will occur. We would propose injection of a blended oxidizing agent to totally eliminate bacteria cultures and any remaining impurities which can cause odors and solids build-up. As the second stage of treatment is completed , the waters are transferred to a larger holding pit where an agitation/ aeriator is installed to ensure proper blending of the oxidizers and utters to totally eliminate any foul odors to the open sir. In summary, we would like for you to know that we have treated a situation much like this in Haspa, New Mexico, with success. The water clarifiers and oxidizers have been used on the Indian reservation they to irrigate, wa'A-tr cattle, and subsequently be sent down creeks.The success of this project is due in part to scheduled water sampling and tasting to ensure water clarity and safety. We would recommend that your company pull samples and submit them to us at twice monthly intervals to provide the same assurances for continuous successful treating. In closing, we express our thanks for allowing us t:o sample and remark on this system. If we can be of any further assistance, please don't hesitate to call anytime. Sincerely, cit1t_ Cj P' CHEMICALS FOR THE OIL INDUSTRY PRODUCTION & DRILLING 940056 r NORTHERN COLORADO BRINE-ODOR ABATEMENT PLAN - Exisrwc 500 STAGE II-PRELIMINARY } • • EXISTING 300 4"PVC 7 • EX/STING 7, r- -1 y 500 M Y L I y Sc N I14 Q:T-1- , i fli oD I I ,G ) "- _! EXISTING KJoo cn x x v C U U P y U T 19 C I W I Dr PV. 1 TO PONOS ai Sa 175.1.:I O IS i1 ► PROPoSED +., r? C ' JOO Wig/ 88LS. SLUDGE Q.q TREATwG TANK FRQNPONOS O L a ' . 1 i • O. p W 4"PVC F 6 f© .C PVC per© -- — -- TO POPS 00 i CO •.a X a v N y1. 7 m 0 -- 0 O MI ,i 0 N. V C., 2 1-42 ti 1"..' W to . 940056 Fax Transmittal Memo © Ln Ne:a.` IM4 pllep 1� (1C t/a From 3 CI 'i/Y3 3 h�r"`. ;>•'r-'C�. ,cur-L..r',d„� :et Far♦ C not �,.r •:xe ir,.4r,rer ap:r. aepwno- _MOWN ]'1.:v.. 4 • MICRO-BAC INTERNATIONAL, INC. 9607 GRAY BLVD. AUSTIN,TEXAS 78758 Phone: 512-837-045 Fax: 512-837-5968 LABORATORY REPORT Date Received:1/211/93 Sample:0615 Submitted By:D.J.BASIN AREA Client•,NPC JOHN ELDER Address: Date Completed:5/13193 Treatment Rating:Good with Mrtra-Ric Comments: On April 2A,1993,Micro-Oac Tnrernatinnai received 2 samples for product testing. Sample A(Pond 4E) was a thin black liquid with a strong sour odor. Sample B was a clear guy liquid with a dark block liquid layer on top which was thicker than bottom layer. Among sour odor was aba present in this sample. Trcatabilities were set up with a control,Mega•Dac X.M-100011•,and Mkm-Bac and allowed to incubate at 35 degrees centigrade fur 7 days. Mierusuupic examination after incubation showed a good number of bacteria prexwt with good sells liy In der:samples treated with Mega-Bac X,M•10001T•,and 3Lcro-0ac. The sample treated with Micro-Bac had a panel uwuber ofbacterla-present alter incubation and a goad deharase in odor was also noted in this sample The odor remained relatively the same in the Control and the sample banal with Mega-Bac X. A slight decrease in the odor was noted in the sample treated with Md000H•. Total suspended solids results were as follows: A Mega-Bat X 30Amg/L A M-I00o1l• 116mg/L A Micro-Hue 2241ug/L B Mega-Bac X 146Aarg/L DM•t0o011. 2328mg/I. B Micro-Bac 1720mg/L TPH results are attached. Please feel tree to contact on if any;Mailinnal infurmahiun is needed. Thank you. /aw oo: Dennis R.Schnoldet,Ph.D. Teat Performed By:_l-�n4 `AL^-C1..— __.___ R ON PIIIPO-sir AUSTIN 5. 14. 199: 14: 58 P. Acaulta of Mil Extract and Petroleum Hydrovarbon Analyst' Date: 5/13/93 1431 Sauple14o. 0645B 0645E 064511 06438 Control MI00011 MBX Mieflo Sample Type Aqueous AqueOus Aqueous Aqueous Total Extract Conamreuuu(mg.4) 53,043 50,649 52,525 52,173 Hydruuabon Concentration(mg,1) 32.943 36,155 11,4512 35,689 Analyst: Laboratory Testing performed by Mlero-Bat International Inc.Analytical Servitn 'r.;IN er- 94O03g 7 FROM MICFO-PAC AUSTIN 5. 14. 1993 1+1: 59 p Results of MBI Extract and Petroleum Hydrocarbon Analysts Dale. 5/13/93 MBI Sample No. 064SA 0645A 064M 0645A Control MIUUUH MIJX MICRO Sample Type MUCOUS Aqueous Aqueous Aqueous Total Extract Concentration(mg/l) 14 10 10 5 Hydrocarbon Concentration(tnyU <3 'S cS as Aaalyn: (. �. Laboratory Testing performed by Micro-Bac International Inc.Analytical Services 66 940056 . 20 WELD COUNTY INSPECTION DEPARTMENT HU:.L.DINCG PERMIT PARCEL NUMBER ' - - GREELEY, COLORADO 80631 PERMIT NUMBER. >2 5.,57260000 23 R _- TELEPHONE 356-4000 EXT. 4425 %`• TELEPHONE NO. P✓✓✓ROPERTY. OWNER ROGGEN DISPOSAL INC EXHIBIT 303 454-3452 'LING ADOR MICHAEL.. GERM ✓ 1 674 DOWNING ST DENVER, CO CONTRACTOR - GENERAL_ PHONE NO,. MIKE CERVI 10600 WCR 54 MIL_L_IKFN, CO 20543 303 ._ ...._-- - _ PLUMBING CONTRACTOR HEAT ING CONTRACTOR LICENSE NO. NONE NONE ELECTRICAL CONTRACTOR NONE AOORESS OR DIRECTION TO JOB SITE FLOOOPLAIN yES❑ NO I 10600 WELD COUNTY ROAD 54 SUBDIVISION LOT BLOCK CENSUS TRACT ZONING DISTRICT 11 LEGAL DESCRIPTION - PIING APPROVAL • SECTION T N R W DATE BY N2 F'T 26 05 67 _/ / DISTANCE FROM LOT LINES - N S E W 00000 00000 00000 00000 REOUIRED ZONING SETBICI6 - N S E W ' N14 N tag -a k CHECK WITH THE BUILDING INSPECTION DEPARTMENTT-fOR REQUIRED BUILDING COOS SETBACKS TYPE OF IMPROVEMENT • (2) PUMPS OWNERSHLE _-_. -._._ _-__ PRIVATE OWNER PROPOSED USE-RESIDENTIAL VALUE S FEE S - FEE S [[��//�� - - MOBILE HOME (2) P'um'1P's , ECTRI_n/�CM,NCiP0 234. 50 PLAN CHECK .00 • .ONSTRUCTION METER- - .00 INVEST FEE ▪00 '... 00 OfXER .▪00 RECEIPT NO. .3.593105/06/93 TOTAL 23.4. 50 DESCRIPTION OF PROPOSED USE-. . ITIISC. THIS IS A PERMIT FOR (.2) AERTION PUMPS FOR THE 1`,:STING PONDS. THE ELECTRIC IS ON A SEPERATE PERMIT. (A3A. -"4O the/roc perm,/ 24eis %.010 PRINCIPAL CONSTRUCTION': , - PRINCIPAL HEATING FUEL TYPE OF SEWAGE DISPOSAL SEPTIC PERMIT SEPTIC PERMIT TYPE OF WATER SUPPLY WELL PERMIT TYPE ISSUED NUMBER TYPE - NAME NUMBER - FOUNDATION ‘, -:Y?D R I;- n .,:r s-:,:•-:, -• NUMBER OF STORIES `-. : - BUILDING HEIGHT RESIDENTIAL USE ONLYI Jt a .,,:t Y?•. .... -PLOT PLAN ON FILE . . . . BLUE PRINT ON FILE I:: .. NC ..... l.l... NUMBER OF BEDROOMS - - ' • • NUMBER OF BATHROOMS=C€I rt it r'gtnI b.:,;9 •,TIC. ' .:': .n L p0.+a`qt.- ...r^E. �. ACCESS :- v .._.._ . ...+LACRES.- i FUllt qC: Id :.ur. YUITO:'•T. ” IqT o'J. B O S OF PLI A APPLJCATION`DATE I HAVE READ THE NOTICE,ON.THE REVERSE:SIDE , r. -U. -• . ¢I i, BEFORE MAKING THIS APPUCATION wr a•*odt n1 oie I '-. Sr?- a w I• III r ,, 5 '' , .; .. n5/(YF./9 i A' a nrro a f Inn,:P t t, •r+u4 um nrn at ;:n.APPROVED 9Y U ♦ y� 1 ..,ari,ot c.Jai:ton ti Y uuo7 bLIV b to :IfIC1, rmrot7i1d, 41.64 Ot a - ...in.: S: a .7c., �11•"^'-B - r: Jr.„ TR^5.4 t7. . .... -. _ - R._ R .. .. J WR$VELLOW ' 25 93 Nc . fl07 P , NORTHERN COLORADO BRINE 11,1111 ODOR EVALUATION AND ABATEMENT PLAN The following steps have been or will be taken at Northern Colorado Brine facility to identify and control odors : Construct new pond for increased surface area and evaporation. Install misting aeration systems for increased aeration and evaporation. Skim all ponds as needed to maintain them free of oil. Test pond water to determine the nature and cause of odors , and the most effective control process . • Perform on site odor evaluations on a regular schedule. Presented to Air Quality Control: Division, Attorney General ' s Office and Weld County Health Department by Northern Colerado Brine at Enforcement Conference, March 13, 1993 , Offices of Air Quality Control Division, State of Colorado • (.1?) 94.0056 EASTERN PLAINS ENVIRONMENTAL SERVICE PATTY DEPLAZES Bus. (303) 454-3452 P.O. Sox 142 Home (303) 897-2439 Pierce, CO 80650 April 6, 1993 Mr. John Milligan Weld County Health Department Environment Protection Services 1517 16th Avenue Court Greeley, CO 80631 Dear Mr. Milligan, On behalf of Northern Colorado Brine, I am writing to update you on the status of the aeration system at NCB. As you recall, on March 18, 1993, I spoke with Charlie Cox at the Colorado Department of Health about the present aeration system at NCB. At that time, NCB had previously called in upset condition due to breakdown of the aeration system. I explained to Mr. Cox that NCB had determined a new, more efficient aeration system was needed. I told Mr. Cox that NCB anticipated installation of the new system would be completed within 30-60 days and the upset condition would continue through that time period. Mr. Cox indicated that he felt this was a reasonable approach and suggested that I call you. I telephoned you and relayed my conversation with Mr. Cox to you. Northern Colorado Brine has actively pursued the installation of a more efficient aeration system and construction of the new system is underway. At this time, NCB anticipates installation of the new system to be done within the original 60 day time frame discussed with Mr. Cox. NCB will continue to operate under upset condition during the construction and installation of the new system. Please call if you have any questions or concerns regarding this matter. Sincerely tedr" v Patty Deplazes PD:sl cc Mike Cervi, NCB Charlie Cox, CDH Keith Schuett, Weld County Planning 940056 • 7- bA& Wait& ffleyP C. Attorneys At Law 1775 Sherman Street • Suite 1300 Denver, Colorado 80203 (303)861 1963 •Fax: (303) 832-4465 March 18 , 1993 Mr . Lou McBride Enforcement Investigator Air Pollution Control Division Colorado Department of Health APCD-ADM-Bl 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 RE : Conference , Northern Colorado Brine Dear Mr. McBride : Thank you for meeting with the three of us from Northern Colorado Brine . Thanks also to Jeff Stoll and John Milligan . Northern Colorado Brine presented you with a list of measures it intends to take and is taking to address the alleged odor violations at the Northern Colorado Brine facilities , including skimming the ponds , using a misting system, and taking scentometer readings on a regular basis , changing the charcoal filter each time to insure the accuracy of the readings . We presented you with a memorandum from the manufacturer of the scentometer which states that the charcoal should be changed each time . Attached is a list of the contacts Patty Deplazes made in surveying best practical treatment methods which are employed for similar facilities in neighboring States . Please feel free to contact them. As mentioned, we believe that Northern Colorado Brine should be considered to be in the manufacturing category and that best practical treatment is what we should be striving for. 41; ( 940056 We requested that you provide us with all readings and field notes dating back to May of 1992 showing the results of field inspections . We believe that many compliance readings have been recorded, including at times when citizen complaints were made . Also , we believe the feedlot in the vicinity may be interfering with the readings or may be the source of the readings and complaints . Nevertheless , the goal of Northern Colorado Brine is to pursue and implement best practical treatment methods and we would appreciate any and all suggestions for improving the treatment process . This has been a hard winter and there have been upset conditions which have affected the operation. With regard to production as reflected in the permit we do not believe that a permit is required for the facility or that a production limitation in any way affects the odor situation or was required to be put in the permit . Nevertheless , we wish to work with the Divison and the Weld County Health Department to address the permit and production status of the facility, as well as available treatment methods . We request that you provide notice to Patty when you are preparing to take a scentometer reading so that she may be present and take a reading relatively contemporaneously. This is only fair, as it seems that the Health Department would welcome the opportunity to monitor the situation on the spot with a company representative. I will be out of the country from March 19 through March 29 . I ask that no compliance order be written as regards the matters we discussed at the conference ; however, if one or more compliance orders is issued please know that our prior request for hearing before the Air Commission is hereby amended in my absence to include any and all compliance orders issued to Northern Colorado Brine . The same applies to my request for hearing to Weld County. I hope and expect that we can work together to resolve outstanding issues . I would appreciate you sending a copy of this letter to your Attorney General representatives . incerely,�� Gregory J. Hobbs , Jr. 5 Mike Cervi , Patty Deplazes , Jeff Stoll , John Milligan 91 01Y17',D ', EASTERN PLAINS ENVIRONMENTAL SERVICE P.O. BOX 142 PIERCE, COLORADO 80650 1-897-2439 or 454-3452 February 23, 1993 Mr. John Milligan, Air Quality Specialist Environmental Protection Services Weld County Department of Health 3 b 1517 16th Avenue Court • Greeley, CO 80631 Dear-Mr. Milligan, RE: ODOR VIOLATION On behalf of Northern Colorado Brine, please consider the following. Northern Colorado Brine has recently completed repairs of the aeration systems. Those systems have been running continuously in an attempt to raise the dissolved oxygen levels of the evaporation ponds to effect a long term favorable response to the odor problems. Northern Colorado Brine feels that the recent odor problems are due, at least in part, to the resumption of aeration and that the odors will diminish as the aerobic state of the ponds is regained. Please be assured that NCB is making every effort to address the odor problems at the site and will continue in their efforts to solve those problems. NCB continues to search for appropriate odor mitigation procedures and has requested assistance from Colorado Department of Health, Air Quality Control Division. In addition, I have successfully completed the CDH Odor Certification process and NCB has ordered a scentometer so that I may assist them in monitoring odors at the site. Please notify me of any odor complaints at 454-3452 or 897-2439. Thank you for your consideration in this matter and do not hesitate to call if I can be of further assistance. Sincerely, Patty Deplazes cc Greg Hobbs, Hobbs Troutt and Raley, PC Keith Schuett, Weld County Department of Planning Mike Cervi, Northern Colorado Brine �'f 940056 EASTERN PLAINS ENVIRONMENTAL SERVICE P.O. BOX 142 PIERCE, COLORADO 80650 1-897-2439 or 454-3452 February 21 , 1993 Harry Collier C'eq Air Pollution Control Division • Colorado Department of Health 4300 Cherry Creek Drive South Denver, CO 80222-1530 Dear Mr. Collier, In behalf of Northern Colorado Brine Facility, 10600 WCR 54, Greeley,CO, I am requesting guidance from Colorado Department of Health, Air Pollution Control Division, regarding odor control at brine water disposal facilities. NCB has made numerous attempts to determine what measures may provide adequate odor control; however there is very little information available regarding odors at brine water disposals. Please advise Eastern Plains Environmental Services for NCB as to what odor control measures would be considered Best Management Practice or Best Available Technology for a facility such as Northern Colorado Brine. I may be reached at 897-2439 or 454-3452 should you have any questions regarding this request. Sincerely, Patty Deplazes !' PD:sl cc John Milligan, EPS, WCHD Mike Cervi, NCB r�/� I�i_ a' a9i'4/Claj: 4-4;t4IF ( R C = ; ` DEPARTMENT OF HEALTH -J � 1517. 18 AVENUE COURT GREELEY, COLORADO 80831 - J v` J ADMINISTRATION (303)353-0588 HEALTH PROTECTION(303)353-0635 • COMMUNITY HEALTH (3031'1S•.CAt9 COLORADO December 16, 1992 Mike Cervi EXHIBIT Northern Colorado Brine P.O. Box 5714 Denver, Colorado 80217 LL Dear Mr. Cervi: The Division has reviewed your Odor Abatement Plan, dated November 25, 1992. The four-part plan was evaluated as follows: i. The Division feels that increasing the surface area by adding an additional pond may be effective in minimizing odors if two main conditions are true. First, if the odor is not an inherent ( characteristic of the brinewater as opposed to odors resulting from lack of aeration, this may be an effective odor reduction strategy. Secondly, if the level of brinewater intake does not increase such that the ratio of intake volume to surface area is significantly affected, odors may be reduced. Therefore, provided that the volume of brinewater processed at the facility does not increase, the Division feels that increasing the surface area may help to decrease odors. 2. Changing the aeration injection units from VCP to copper to increase airflow into the pond water is an acceptable measure to control odors. 3. The injection of enzymes to neutralize organic activity in the ponds is an acceptable measure to control odors. 4. Although the Division encourages Northern Colorado Brine to pursue any technology which may be effective in controlling odors, we do not consider that pursuit to be an odor control method in and of itself. In conclusion, the Division feels that Steps 1 through 4 are acceptable control strategies. However, please be reminded that should the above mentioned strategies prove to be ineffective, Northern Colorado Brine is still required to comply with the odor emission standard as required by the Colorado Air Quality Control Commission Regulation 2. Failure to maintain this standard will necessitate a revised odor control plan and/or further legal action in accordance with the Colorado Revised Statutes. LI 0 9400S6 • Mike Cervi Northern Colorado Brine December 16, 1992 Page 2 If you have any further questions regarding this matter, please call 353-0635. Sincerely, Jeffrey L. toll, Supervisor Environmental Protection Services cc: Chuck Cunliff, Planning Services 940056 aftNELSON ENGINEERS 822 TTN STREET GREELEY. COLORADO 80631 (303) 35^-Arts, ci 7 November 25 , 1992 .:. VZ Mr. John Pickle Environmental Protection Services „ r Weld County Department of Health 1517 16th Avenue Court Greeley, Colorado 80631 RE: Road 54 E-Vap; Reported Odor Problem, Northern Colorado Brine Dear Mr. Pickle: On behalf of Mr. Mike Cervi, owner of Northern Colorado Brine, and as the engineering representative, I am submitting the following odor abatement plan as requested by your office. Implementation of the plan has already begun with earthmoving activity as authorized by Weld County, injection of enzymes, aeration changes, and investigations of aeration systems. The plan is as follows : 1 . Pond surface area is being increased primarily by construction of Pond 4 from a total surface area of 19 . 3 acres+ to 28 . 3 acres+, an increase of about 46 . 6% . Aeration injection units have been changed from VCP to copper to increase airflow into the pond water and increase agitation effect. /3. In early November, 1992, enzymes were injected into the brine to neutralize microorganic activity (The effect is being monitored and if deemed advisable, a schedule for periodic application will be created) . 4. Various methods of aeration are being investigated in an attempt to find the most effective method of application. These methods include different air diffusers, optimum depth of injection , and water surface agitation. Li 1 94005g There has been a substantial change in the amount of brine wastes generated in recent weeks and months due to the extreme increase in oil and gas drilling activity in the Weld County area. It is an acknowledged fact this drilling activity is cyclical. Weld County is currently in the high activity phase of the cycle. As a result, more storage capacity and increased evaporation area is needed . The construction of the new pond will provide for reduced concentration of the waste and provide for increased evaporation as well as providing more volume of storage to accomodate the increased waste generation at this time. The aeration process may be amenable to effecting more efficiency in the system once the existing process is evaluated. The injection of air in combination with appropriate enzymes in optimum amounts will decrease the odor generation. As a result of the evaluation, the aeration systems in the existing ponds may be changed to be more effective. The owner is effecting the above operational changes and modifications to significantly reduce any odor and to improve the overall operations . Respectfully, NELSON ENGINEERS �4� is LaVern elson LCN:kb 1125 .EVAPodor 1461 940056 • rdii ` EASTERN PLAINS ENVIRONMENTAL SERVICE PATTY DEPLAZES Bus. (303) 454-3452 P.O. Box 142 Pierce, CO 80650 Home (303) 897-2439 May 7, 1993 • EXHIBIT Mr. Trevor Jiricek Weld County Health Department 1517 16th Avenue Court Greeley, CO 80631 Dear Mr. Jiricek RE: Northern Colorado Brine Certified Letter # P186 978 311 On behalf of Northern Colorado Brine, please consider the following response to the above referenced letter. Northern Colorado Brine makes the following response to your observations of the March 9 and April 7 inspection. 1. NCB has operated within the 2000 bbl per day maximum disposal since April 15, 1993. This also brings the retention time at NCB within the 24 hour limit. 2. NCB accepts only brine and production water and UST water with prior approval from Weld County Health Department. 3. Pond E was fully approved by the regulatory agencies involved for a total depth of 13'. 4. NCB is not required to keep records of freeboard. 5. Pond water sampling is scheduled for June and December 1993. 6. Erosion of Pond 4(E) by wave action has been halted by the installation of a double layer of 6 mil plastic along the face of the berm. This has prevented further erosion form occurring. Because the entire berm of Pond 4(E) was compacted to 95% ASTM, there has not been a breach of the liner. For ' permanent repair, the water level in the pond will be lowered. The berm will be repaired and recompacted, and rip rap will be installed to prevent future erosion. These permanent repairs are expected to be completed by December 1 , 1993. '��! 9/110055 7. Application has been made to revise permit # 90WE161 to increase the production limits. That application is still under review by Colorado Department of Health. 8. NCB will implement a program of monitoring for radioactivity. This program will be in place by June 30, 1993. 9. The gate has been removed and the fence has been repaired. 10. Ponds 1,3A, 3B and 4 are clear of scum. Pond 2 is presently being skimmed. Oil scum on Pond 2 has been reduced to 15-20%. It is expected that skimming will be complete by May 10, 1993. 11. New depth gauges, similar to that in Pond 4, will be installed as proposed. Please call if I may be of further assistance. Sincerely Patty Deplazes cc Mike Cervi, NCB 9,100 55 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW 9548 � THE LAW BUILDING LJ, IOU ELEVENTH AVENUE P.O. BOX 326 GREELEY, COLORADO 80632 GEORGE H. OTTENHOFF TELEPHONE KENNETH F. LIND June 25 , 1993 (303) 353.2323 KIM R. LAWRENCE (303) 356-9160 TELECOPIER JEFFREY R. BURNS (303) 3561111 Lee Morrison Assistant Weld County Attorney P .O. Box 1948 Greeley, CO 80632 Re : Northern Colorado Brine (Cervi) USR-540 : 83 : 3 Dear Mr. Morrison: During the past several months both the County as well as Eastern Plains Environmental Service have • been conducting scentometer tests and readings in and around the Northern Colorado Brine Disposal site . With few exceptions the tests conducted;;by the County and Eastern Plains have been different with the County finding an alleged violation on several occasions and Eastern Plains not finding a similar violation. This is of great concern to Northern Colorado Brine as well as this office especially in light of the fact that we have substantial evidence related to possible bias and prejudice on the part of certain individuals at the Weld County Health Department against Mr. Cervi and Northern Colorado Brine . We believe it is necessary for both the County and Eastern Plains to coordinate testing times to help confirm and validate tests and we are insisting that the County contact Patty DePlazes at Eastern Plains Environmental Services whenever a scentometer test is to be taken. We would request that Ms . DePlazes receive at least a 45 minute advance notification. For convenience purposes we are authorized to provide to you home, business and mobile telephone numbers for Ms . DePlazes as follows : home 897-2439; business 454-3452 and mobile 396-0748 . In closing, we also want to advise you that Eastern Plains Environmental intends to conduct regular readings at the site which will be in addition to any that the County performs . Should you have any questions, please contact the undersigned. Very t LI74OTTENHOFF Keind KFL/cg pc : Mike Cervi Greg Hobbs , Esq. Patty DePlazes b 940056 BARNEBEY- CHENEY EXHIBIT Activated Carbon i. Air Purification Equipment `T 835 N. CASSADY AVE., PO BOX 2526, COLUMBUS, OH.,43216 16141258-9501 TWX,810-482-1753 CBL.BARCHENCO COL SCENTCMETER: AN INSTRUMENT FOR FIELD ODOR MEASUREMENT U.S. Public Health Designation - Scentometer Model 1959-A * Barnebey-Cheney Designation - Model SCC (Modified to extend range) The Scentometer is used to determine the order of magnitude concentration of an odorant in air. It is essentially a rectangular, clear plastic box containing two chambers of activated carbon, two nasal ports for sniffing, two 1/2" diameter air inlets (one for each activated carbon bed) , and six odorous-air inlets (1/32", 1/16", 1/8", 3/16", 1/4", and 1/2" in diameter). The odorous inlets are directly connected with a mixing chamber and the nasal outlets. Air is drawn through the two beds of activated carbon (to make it odor- free) and then mixed with the contaminated air so as to produce a threshold concentration of the offending odor. The odorous-air inlet hole used to produce the dilution indicates the approximate concentration of the field odor. The unit of expression most suitable for this work is the number of times that the odor is as strong as its threshold concentration or the number of dilutions with pure air needed to dilute it to the threshold concentration. This expression can be written as D/T (dilution to threshold) . The sizes of the six odorous-air inlets were selected on the basis of labo- ratory tests of the most practical set of inlets for field use. Experience has shown that odors above 7 D/T will probably cause complaints while those above 31 D/T can be described as serious nuisance if they persist for any length of time (see attached table) . Instruction: When in use, the Scentometer should be held so that the activated carbon beds are horizontal. Before opening any holes, try breath- ing through the nasal ports to be sure that there is no leakage anywhere, either around the nose piece or through the instrument. The holes are all covered with tape which is removed to expose the holes representing the odor concentration. Start by leaving the two carbon ports open and closing off all the odorous- air ports. The user should breathe through the instrument for a short period of time so as to climatize his nose to a non-odor background. Then open the 1/32" odorous-air port. If after sniffing two or three times, no odor is discernible, close that port and open the next size, which is the 1/16". Progress up to the 1/2" odorous-air opening. If the odor is not then discernable, it must be assumed that the concentration of the undesir- able vapor in the air is less than 2 thresholds. Other dilutions are obtain- able by variations of port openings as indicated by the attached table. * Developed by the U.S. Public Health Service Project Grants A-58-541; A-59-541; and A-60-541. T-748 3/HD 146A 9I0o. ,6 It has been determined by test that the individual variation of odor sensi- tivity is sufficient in itself so that dilutions of other magnitudes between the recommended one are of no real significance. Further, a single individual's varying odor perceptibility is such that he will get different readings at different times, even with this instrument. The user should practice with the Scentometer so as to become adept at obtaining a reading with a minimum exposure to the odorant. The nose has a habit of becoming desensitized to an odorant after a short period of time. Parts List The parts required for the construction of this instrument are as follows: Part No. SCC-1 Scentometer body with perforated screens SCE-2 Activated carbon charge SCE-3 Plastic cover plate SCE-4 Glass nasal inserts, pair SCE-5 Nasal insert bushings, pair SCC-6 Name-bushing plate, metal SCE-7 Set of Allen-head screws (4) SCE-8 Set of nameplate screws (4) SCE-9 Set of plastic plug caps (4) The background for the use of this instrument and its original design, conception and development can be found in the attached article which ap- peared in the December 1960 issue of the AIR POLLUTION CONTROL ASSO- • CIATION Magazine by Norman A. Huey, Louis C. Broering, and Charles W. Gruber; of the Bureau of Air Pollution Control and Heating Inspection, Cincinnati, Ohio. The carbon in both beds should be changed once every six months (if the Scentometer is used occasionally) or more often (say, every three months) if it is used frequently. To change the carbon, detach the end plate (the one containing the nose pieces) by removing the two screws and pulling out the end plate, using the nose pieces or a hooked rod to help lift it out. The carbon is dumped out and the two spaces between the perforated sheets are filled with Type AC carbon (part SCE-2) , tapping the Scentometer slightly to ensure that the carbon completely fills the space and no channeling can occur. The cover is replaced and screwed down securely. Any carbon grains which have found their way into the air spaces during filling can be shaken out through the air inlet holes. The Scentometer is now ready for reuse. Some users order the instrument with extra sets of nose pieces because several operators may be using the instrument and they prefer to have their own nose pieces or because these are the only glass portions of the instru- ment and the only parts possibly subject to breakage. - 2 - T-748 3/HD 116 fr 940056 5652 BARNEBEY & SUICIIFFE CORPORATION IIIIII l 'U4 TO: Ms . Patty DeDlazes DATE: 03-06-93 A MrmLar y an Comn Easton Plains Environmental TIME: • FAX NO: 303-454-3112 PAGE: 1 of3 QUOTE 4 PROJECT NAME Scentometer Change-out Information Dear Ms . Deplazes, As to your request for information regarding the change-out frequency of the carbon used in our Scentometer, Barnebey & Sutcliffe maintains the following position. " The carbon in both beds should be changed once every six (6) months if the scentometer is used occasionally or more often, say every three (3 ) months if it is used frequently. " T have. enclosed a copy of our sales literature which we send out with every scentometer and I have put an asterisk next to the paragraph which outlines this recommendation. Due to the numerous factors which affect carbon adsorption i.e. temperature, humidity, contaminant concentration levels and storage practices, there isno way that we could make any claims as to when to change-out the carbon. Based on what you have told me of your "application",, I would recommend that you change-out the carbon after each use 'or prior to each use to ensure a "pure" reading. It is hoped that this answers all of your questions/ however, should you need to contact me again, please do not hesitate to du so. Sincerely, Barnebey & Sutcliffe q Michael A. Minuck Product Manager Put Air Division Itegwnnl Clllltcn: yn64 urukcn,wnA I'rkwy.Columbia M>ryluud 210.4'I'cicpI,w c:1110)31115"70 1111-1117.panl.,,n:d Carhoo CA„)74u IeIepba"¢:(310)6i -72i0 MU Ocrrl Lane MOW...Illlnole 00101 rulephonc:(708)541.1431 1-F 91005S P. 05 ZiLCsvl—S 41(“PC mEmoRAnD UM EXHIBIT Wale To /Jf r ( e. Dst. Z 'A4 4 c13 COLORADO 6 Z From s1 O / Subjset. c flee. i4t?dcf-- (JAL C &e�e� v e.0,% -/c-ActLih62,1/5 — e � A- UA:,1 I re‘- 7S_ ,0.eics.e-. fie_ COntf(gs&7' cyl 03cP 1 X1- ck 940056 •.: _. .., _; 454 3112 P. 04 EASTERN PLAINS ENVIRONMENTAL SERVICE PATTY DEPLAZES P.O. Box 142 Bus. (303) 454-3452 Pierce, CO 80650 Home (303) 897-2439 DATE: March 9, 1993 TO: File - Northern Colorado Brine (/ From: Patty Deplazes, EPESIQ• ,)\ RE: Hearing - Odor CDH March 8, 1993 At yesterday's hearing at CDH, Denver regarding odors at Northern Colorado Brine, John Milligan, WCHD, explained the "calibration"of Weld County's scentometer. He stated that on August 12, 1992, he was carrying a box with the scentometer in or on top of it. The scentometer was accidently dropped and was broken, with some of the charcoal spilled out. After calling the manufacturer, John glued the scentometer back together, and filled it with charcoal. The used charcoal that remained in the scentometer was not removed, and a complete recharge was not done. The charcoal was changed again February 13, 1993. r • 940056 44 311 P. 03 • asiiiii, EASTERN PLAINS ENVIRONMENTAL SERVICE PATTY DEPLAZB3 P.O. Box 142 Bus. (303) 454-3452 Pierce, CO 80650 Home (303) 897-2439 DATE: February 11, 1993 TO: File - Northern Colorado Brine FROM: Patty Deplazes, EPES . , Magi RE: Calibration records for Weld County Health Department Scentometer February 11, 1993, at about 2:30 p.m. and while at Weld County Health Department, 1517 16th Avenue Court, I asked Connie O'Neill, Laboratory whether she had records of the Calibration of the scentometer, used by WCHD personnel to take odor readings. Connie said that she does not keep them, that Jeff Stoll or John Milligan should have them. I then asked Jeff Stoll if I could see the calibration records for the scentometer, he said he doesn't have any. I asked him how he knew when it was done. He answered, "I just remember." At about 4:45 p.m. I spoke with John Pickle, Director of WCHD Environmental Protection Services, and relayed to him my conversations with Connie and Jeff regarding the calibration records of the scentometer. LH 940056 HTa_ _ 7 ' 93 13 : 22 No . 015 P .02 ?kik. rimer& P C Attorneys At law 1775 Sherman Street'Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303)832-4465 Ext. 123 May 17, 1993 Ms. Christine Klein Assistant Attorney General Natural Resources Section 1525 sherman Street, Fifth Floor Denver, Colorado 80203 Re: Your letter of May 17, 1993 Northern Colorado Brine Dear Christy: Again, thank you for your timely correspondence regarding the stay issue and its interaction with matters before the Weld County Commissioners . It would seem that the Colorado Legislature has put all of us in the interesting position of having two, perhaps conflicting, provisions on the books with regard to stay of enforcement pending appeals to the Air Quality Control Commission. So that my position on behalf of Northern Colorado Brine is not misunderstood, regardless of which statutory provision applies, the matter of whether violations of Regulation No. 2 (odor control) or the State air emissions permit for the facility have occurred is on appeal to the Colorado Air Quality Control Commission which has exclusive jurisdiction over these questions. In our opinion Weld County cannot base any decision it makes regarding the special uee permit for the facility on alleged violations of Regulation no. 2 or the air emissions permit, particularly when the issues before the Commission involve which odor control standard of the regulation (127-1 or 15-1) properly applies to the facility. Please know that I have filed a stay motion with the Air Commission only in the alternative to protect my client and in no way concede that the stay provision you cite controls over the more specific pre-existing provision of the statute. By now you have received our settlement offer and I hope we can get on with resolving this matter. Best regards. 940056 eJrf 454 3 1 1 2 P. 02 2 EASTERN PLAINS ENVIRONMENTAL SERVICE PATTY DEPLAZES P.O. Box 142 Bus. (303) 454-3452 Pierce, CO 80650 Home (303) 897-2439 MEMORANDUM • TO: KEN LIND, LIND, LAWRENCE AND OTTENHOFF (71O FROM: PATTY DEPLAZES, EPES ( 4 7 RE: NORTHERN COLORADO BRINE / CJ( DATE: MAY 6, 1993 05/06/93 : On four occasions prior to and since the probable cause hearing for Norhern Colorado Brine, I requested full access to the NCB files . On each of those four occasions, I was denied access to any portion of the file relating to odors, but was approved to review the remainder of the file. On May 5, 1993 , I scheduled with Weld County Health Department an appointment to review those file entries not relating to odors, as had been approved previously. At 10 : 10 a.m. on May 6, 1993 , I arrived at WCHD to review those files not relating to odors, as scheduled. At that time I was informed by Lorraine Morrison that I could have access to the air/odor related files if I would fill out a new File Access Request. I told Ms . Morrison that I did not wish to review the air/odor files at this time, and would just review the remainder of the file as previously approved. John Pickle then filled out a file access request in my name, stated that I had refused to file a new request, signed the request form and had Ms . Morrison ask me to sign the request form. I refused to sign the form and Mr. Pickle instructed Ms . Morrison to write that I refused to sign , and initail the form. I told Mr. Pickle that I objected to having that form placed into the file, as I had neither filled a new file access request out, or refused to do so . Mr. Pickle stated, "That ' s what is going into the file. You can object or write a letter or whatever, but that is going into the file ! " Mr. Pickle seemed to be very angry and confrontational when he made these remarks . tkt 940056 454 311 = P . a , /o kt, 414C‘Itil • 9;00 AA DEPARTMENT OF HEALTH 1517.18 AVENUE COURT GREELEY,COLORADO 80831 C ADMINISTRATION(303)353-0835 O HEALTH PROTECTION (303)353-0835 COMMUNITY HEALTH (303)353-0639 COLORADO REQUEST TO REVIEW FILES NAME: D (Q .Q/ COMPANY: E per, ADDRESS: racy (4( 1, • MAILING ADDRESS: PCo_-.QJ . C() a OCa sn PHONE NUMBER: //��I eic ^ o` l i' 4cc/- 345 � FILES REQUESTED: I tf dtii / Q�j�,Ct rLQ -,3 i 'Zex„L.. ath-4-6tio o rat a-c l 1/40 ' � ( q90 J ' 9 .3 REASON FOR REQUEST: _f } -fl41D,81` III Q (LA X17[) 1lRl . ctA _ C �lalJ ^ I� ' 93 There is a $15.00 minimum charge for all file requests/audits, additional time is charges at $15.00 per hour, all copies are .10 each. Payment in full will be remitted at the end of the request/audit. PLEASE - DO NOT REMOVE ANY CORRESPONDENCE or CHANGE THE ORDER OF THE CORRESPONDENCE in the file. If you would like copies, stickies will be provided for you to flag the correspondence. The copies will be de by the following Friday, and mailed to you. gn -� 1/5—p-2 Signature: see,22(/ / / Date: 1-15-9-1 by: Date: Director, Environmental Protection Services Time Start: Copies: Copies: Time End: ( .10 cents per page) Time: ($15.00 minimum - $15.00/hr thereafter) TOTAL: ni i. w JJ rtC1 J•4 I LI 0 940056 m moRAnpurr. • Lorraine Morrison on April 15, 1993 To C IORADO John Pick Pin Subject Northern olorado Brine - File Access I have reviewed the attached Request with the Attorney General's Office, as well as our County Attorney. In the matter of any odor violation, or complaint, our Division is acting as an agent of the State and is under the legal direction of the Attorney General's Office. They have advised us that any file access request having to do with any odor violation, including complaints, correspondence, or any other file entry, be directed to the Attorney General' s Office for approval. Consequently, access to the above indicated files cannot be granted by our Division and is hereby referred to the Attorney General's Office. The Division can grant access to the remainder of the file on this facility. This memo is approval in that regard. 940056 . -' _ _ _ 4 4 3 1 1 2 P . 03 APR-27-93 TUE 11 : 10 • P. 02 ;.....;', 4 \ DEPARTMENT OF HEALTH 1817. 16 AVENUE COURT GREELEY, COLORADO 80631 WI lige ADMINISTRATION (303)353.0586 HEALTH PROTECTION(303)353'0635 COMMUNITY HEALTH(303)363.0639 COLORADO • REQUEST TO REVIEW FILES NAME: Pbefir,..COMPANY: e 2t&-.t, 117 Tya ADDRESS: Pd &—v ra /Ala- /� MAILING ADDRESS: 674.e/147.2.- (j 8O�e.s / PHONE NUMBER: n.c?7 a �j. !- 7 cl1-3` .-- i FILES REQUESTED: (�(.Y.� ..t/;4 /2tA''LZ 1i_ ltd /t/ / { ?0 .- REASON FOR REQUEST: \toiS 4 � 3 •J ,2l49� 4444_7; if) c ,( There is a $15.00 minimum charge for all file requests/audits, additional time is charges at $15.00 per hour, all copies are .10 each. Payment in full will be remitted at the end of the request/audit. PLEASE - DO NOT REMOVE ANY CORRESPONDENCE or CHANGE THE ORDER OF THE CORRESPONDENCE in the file. If you would like copies, atickios will be provided for you to flag the correspondence. The copies will made by th following Friday, and mailed to you. Signature: Approved by:. - ,S114° �� Date: Date: '�_ . ) Di tor,,Environmental Protection Services w.o or p.:�� Time Start: Copies: / Copies; Time End: ( .10 cents per page) Time: ($15.00 minimum - $15.00/hr thereafter) TOTAL: Li 6 940056 L/ M._.. 454 3112 P . .32 2 it \ I`s DEPARTMENT OF HEALTH 1511.16 AVENUE COURT • GREELEY,COLORADO 80631 ADMINISTRATION(303)353.0588 Willie PRO TECTION PROTECECTION(303)353-0635 COMMUNITY HEALTH(303)363-0639 COLORADO BEQUEST TO REVIEW FILES NAME: 6 iti no Afacs • COMPANY: rQcte.Yvk, Q(V1.C wiron t-fu( ib - Nk-.B ADDRESS: ax r l 2• R e.-/Z GE Ce) 530 6 SQ MAILING ADDRESS: PHONE KINDER: 14 St( - 3L(S 2- FILES REQUESTED: A-U e.S i lam Q t4 'f D i.Y Qtthc'o ' ao `('1r a d tL he, 1 -frICtiVi't AO_ aksykup Q i ler -Pei C '1f(,C(D �rel Q Ad Q1 C . en'lries Year a i fuk, c31 ors . REASON FOR REQUEST: Ira -fir .c taw r1..(lse Aug_re/C ,. rn ac.5 1 Ci( 191y3 v There is a $15.00 minimum charge for all file requests/audits, additional time is charges at S15.00 per hour, all copies are .10 each. Payment in full will be remitted at the end of the request/audit. PLEASE - DO NOT REMOVE ANY CORRESPONDENCE or CHANGE THE ORDER OF THE CORRESPONDENCE in the file. If you would like copies, stickies will be provided for you to flag the corres ondenctee.. /rn ^ AThe p. es will e mad b rthe #gllq p g V Oc Tiati 1.0 LQo o t o RF"� Signa ret y R _ Date: .`a(6 '� li / Approved by: iie, i4, �. Date: y/�-f/93jD • ironmental�on Services Time Start: Copies: Copies: Time End: (.10 cents per page) Time: ($15.00 minimum - � � /TOTAL: 515.00/hr thereafter) • ��lbL-GHQ ate` �c, 5 3112 P . 01 itS DEPARTMENT OF HEALTH 1617.16 AVENUE COURT WIGREEL.EY,COLORADO 80631 O ADMINISTRATION(303)353-0586 HEALTH PROTECTION(303)353-0635 COLORADO • COMMUNITY HEALTH(303)3530639 REQUEST TO REVIEW FILES NAME: PATTY DEPLAZES COMPANY: ADDRESS: MAILING ADDRESS: PHONE NUMBER: FILES REQUESTED: NORTHERN COLORADO BRINE • ( REASON FOR REQUEST: ALL FILES WERE OFFERED TO MS. DEPLAZES. SHE REFUSED TO PILL OUT A NEW FILE ACCESS FORM. AIR FILES ARE BEING MAILED BY CHRISTINE ELINE. MS. DEPLAZES WAS ALLOWED ACCESS TO ALL OTHER FILES AS PER THE REQUESTS L , , 6 There is a $15.00 minimum charge for all file requests/audits, additional time is charges at $15.00 per hour, all copies are .10 each. Payment in full will be remitted at the end of the request/audit. PLEASE - DO NOT REMOVE ANY CORRESPONDENCE or CHANGE THE ORDER OF THE CORRESPONDENCE in the file. If you would like copies, stickier will be provided for you to flag the correspondence. The copies will be made by the following Friday, and mailed to you. Signature: JWst rJ TG • .t.) - : ��'� Date: S-G^%3 Approved by: ` Date: 5--6-93 Dir or, Environmental Protection Services Time Start: Copies: Copies: Time End: ($15.00 minimum - (.10 cents per page) Time:$15.00/hr thereafter) TOTAL: y�09• 10036 & REce,v,(] MAY 7-klk 77 , PC 1 t993 Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303) 832-4465 EXHIBIT Ext . 123 May 13 , 1993 38 Ms . Connie Harbert Chairperson Weld County Commissioners P.O. Box 758 915 10th Street Greeley, Colorado 80632 Mr. Lee Morrison Weld County Attorney' s Office 915 10th Street P. O. Box 758 Greeley, Colorado 80632 Mr. John Pickle Weld County Health Department 1517 16th Avenue Court Greeley, Colorado 80631 Re: Alleged Odor and Air Emission Permit Violations- -Northern Colorado Brine, Weld County Dear Chairperson Harbert, Mr. Morrison, and Mr. Pickle: By request for hearing dated May 4, 1993 and February 18, 1993 , filed with the Colorado Air Quality Control Commission (see attached letter dated May 4, 1993) Northern Colorado Brine has contested all alleged violations of Regulation No. 2 and Air Emission Permit No. 90WE161 brought against its Weld County facility by the Weld County Health Department and the Colorado Air Quality Control Division. Pursuant to C.R. S . 25-7-115 (4) (b) the filing of these hearing requests has stayed all matters related to the enforcement of Regulation No. 2 and Air Emission Permit No. 90WE161 pending the Air Commission' s hearing and determination which has been set for August 20, 1993 . The provisions of C.R.S . 25-7-115 (4) (b) pre-empt any other body, including the Weld County Commissioners and the Weld County Health Department from finding Northern Colorado Brine to be in violation of the odor control standards of the State of Colorado ��) 940056 Chairperson Harbert, Mr. Morrison, Mr. Pickle Page 2 May 13 , 1993 or the State Air Emissions Permit for the Weld County facility. Accordingly, the issues before you in any matter which involves odor control regulation violation or air emission permit violation are stayed pending the Air Commission' s review and decision, including any such issues which are before you in connection with your scheduled May 19,. 1993 , hearing regarding the special use permit for the facility. Northern Colorado Brine and the Air Quality Control Division are currently conducting discussions, which have included representatives of the Weld County Health Department, regarding the installation of new and expensive water treatment and odor emissions control equipment at the Weld County facility. The installation of this equipment will be designed to meet Regulation No. 2 of the Commission on a reliable and continuous basis by removing the substances which produce odors . In the interim, Northern Colorado Brine has expended approximately $140, 000 . 00 on odor abatement measures . Recent readings of the weld County Health Department and by the certified scentometer reader of Northern Colorado Brine have shown compliance with Regulation No. 2 . Installation of the new water treatment and odor control equipment would allow Northern Colorado Brine to treat 300, 000 barrels of brine water per month without violating the odor control regulations while serving the needs of Weld County oil and gas producers . However, it is not economical to install this new water treatment and odor emissions control system in absence of approval by Weld County and the Air Quality Control Division. We are confident these matters can be resolved to the benefit of the public interest, which includes the public interest in compliance with Regulation No. 2 regarding odor control and the public interest in oil and gas production in Weld County. While these matters are being resolved, however, Colorado law prohibits finding Northern Colorado Brine to be in violation of Regulation No. 2 or Air Emission Permit No. 90WE161 . Sincerely, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P.C. cc: Ms . Christine Klein, Assistant Attorney General 40 940056 7- krcuc& RE4Pc. Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303) 861-1963 • Fax: (303)832-4465 May 4, 1993 Air Quality Control Commission Ms . Christine A. Klein APCD-CC-B1 Assistant Attorney General Colorado Department of Health Natural Resources Section 4300 Cherry Creek Drive South 1525 Sherman St . , 5th Floor Denver, Colorado 80222-1530 Denver, Colorado 80203 Air Quality Control Division Weld County Health Department APCD-ADM-B1 1517 16th Avenue Court Colorado Department of Health Greeley, Colorado 80631 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 Re : Certified Letter No. P 860 424 449 , Compliance Order and Assessment of Civil Penalty, and Certified Letter No. P 860 424 448 , Denial of Permit Modification Application, Northern Colorado Brine, Weld County Dear Sirs and Ms . Klein: Northern Colorado Brine appeals to the Colorado Air Quality Control Commission and requests a hearing and dismissal of all allegations, complaints, penalty assessments, notices of violations and compliance orders issued by the State of Colorado and/or Weld County with regard to Regulation No. 2 of the Air Quality Control Commission , Emissions Permit No. 90WE161, the Colorado Air Quality Control Act, and the State Implementation Plan for the State of Colorado. Northern Colorado Brine also appeals the denial of a permit modification application with regard to the production limitation contained in permit no. 90WE161. This request for hearing and dismissal includes those matters contained in the April 21, 1993 "Compliance Order and Assessment of Civil Penalty" issued to Northern Colorado Brine and the Notices of Violation and Compliance Orders Dated February 1, 1993 , January 26, 1993 , and February 3 , 1993 , which are the subject of a hearing request filed on behalf of Northern Colorado Brine on February 18, 1993 . This request for hearing also challenges the denial of the permit modification to increase production also dated April 21, 1993 , and requests that the permit modification be granted. -1C- 940056 A hearing has been set by the Air Quality Control Commission for August 20 , 1993 , and we ask that all such matters be consolidated for hearing on August 20, 1993 . Pursuant to C.R. S 25-7-115 (4) (b) , the filing of this hearing request, together with the filing of the February 18, 1993 , hearing request, stay all matters relating to the alleged violations and non-compliance of the facility with regard to air emission and permit matters pending hearing and disposition by the Commission. Northern Colorado Brine requests a hearing as to whether the violations exist, or did exist, and whether a compliance order or compliance schedule should be issued, whether any penalties should be assessed, and whether the State Implementation Plan should be revised to delete Regulation No. 2 from the State Implementation Plan. Northern Colorado Brine also requests that the permit modification to increase production be granted. Grounds for the hearing include the following: 1. Weld County, and the State of Colorado have been utilizing the provisions of Regulation No. 2 A. 2 . (15-1) for enforcement purposes for this facility, whereas the applicable standard is found in Regulation No. 2 A. 3 . a. & b. (best practical treatment, maintenance, and control currently available/127-1) . 2 . The facililty has employed and is employing best practical treatment, maintenance, and control currently available. 3 . The scentometer utilized for the inspections by Weld County and the State of Colorado has not been properly calibrated, maintained, repaired, and/or operated for the purpose of ascertaining compliance with Regulation No. 2. 4. Weld County and the State of Colorado have recorded and documented inspections which demonstrate that the facililty is in compliance with Regulation No. 2, have refused to take such documentation into consideration in issuing the compliance orders and penalty assessments, and have failed to provide such exculpatory evidence to Northern Colorado Brine, in violation of an agreement made at the enforcement conference concerning alleged violations held on March 8 and despite requests made under Colorado' s Public Records Act for such public records . 5 . Processing of the permit modification to increase production has been suspended, contrary to the Colorado Air Quality Control Act and regulations governing permits and permit modifications, in aid of the enforcement action. The production limitation of emission permit no. 90WE161 was not intended to be related to odor emissions or compliance with regulation No. 2, 2 . %`� 940056 the permit modification application was properly submitted and should have been granted, and the refusal to process the application and grant the permit modification is based upon alleged violations and compliance orders which have not been proved and are subject to hearing by the Air Commission. 6 . Northern Colorado Brine has been denied its statutory and Colorado and United States Constitutional due process rights to a fair hearing and presumption of innocence. The Air Commission has exclusive jurisdiction to determine whether the alleged violations occurred and whether a civil penalty should be assessed, yet the State and Weld County have taken actions which presume the guilt of Northern Colorado Brine, even though a proper hearing request has been filed with the Commission and all matters of alleged violation and non-compliance of the Colorado Air Act, Regulation no. 2, and permit no. 90WE161 are stayed by law pending hearing and disposition by the Air Quality Control Commission pursuant to C.R. S . 25-7-115 (4) (b) . 7 . Northern Colorado Brine has undertaken an abatement plan presented to Weld County and the State of Colorado Department of Health at the enforcement conference on March 8, 1993 . Pursuit of the abatement plan has resulted in an expenditure of over $80, 000 . 00 , yet the Weld County and Colorado Health Departments, after asking for and receiving the plan and stating that the disposition of the enforcement conference would include surveying the sources with control equipment of the kind Northern Colorado Brine intended to install, issued the compliance order, penalty assessment, and denial of permit modification application without surveying such sources or honoring Northern Colorado Brine ' s letter of March 18, 1993 , attached, or taking Northern Colorado Brine' s good faith actions into account. 8 . Regulation no. 2 is not properly part of the State Implementation plan in light of C.R.S . 25-7-105 . 1 and must be removed from the State Implementation Plan. 9 . A standard of limited applicablity should be adopted by the Commission which provides that the Northern Colorado Brine facility is subject to best practical treatment, maintenance, and control currently available in lieu of all other provisions of Regulation no. 2 . le . Northern Colorado Brine reserves the right to present additional grounds and issues at the hearing as the same may be discovered or ascertained. 3 . 9110056 c Dated this 4th Day of May, 1993 . Respectfully submitted, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P.C. c. Mr. Mike Cervi Ms . Patty DePlazes 4 . 940056 3 ,,., 9 8 . 25 No . 003 . 02 7zbJk7kiut& Rq4c itta Attorneys At law 1775 Sherman Street•Suite 1300 7 7 Denver, Colorado 80203 l (309)861-1963•Fax: (303)832-4465 Ext . 123 May 5, 1993 Ms. Christine A. Klein Assistant Attorney General 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Re: Northern Colorado Brine, Regulation No. 2 Dear Christy: As we have discussed, one of the issues in the enforcement action and settlement negotiations involving Northern Colorado Brine is the proper provision of Regulation No. 2 to be applied to the facility. We believe that section A. 3 . of Regulation no. 2 is the applicable provision. The Northern Colorado Brine facility is located in an agricultural zone near a livestock feeding operation. The facility was approved in the agricultural zone by special use review of weld County in 1986 as an "oil and gas brine water disposal and oil recovery facility" (see attached) . Regulation no. 2 is designed to provide agricultural and manufacturing sources with a standard of best practical treatment, maintenance, and control currently available, subject to not an exceeding 127-1 odor criterion. Neither Regulation no. 2 nor the Common Provisions regulation defines "manufacturing process" . However, the evident intent of regulation no. 2 is to recognize that agricultural and industrial-type operations are usually located in areas that are not residential or commercial in nature, that such operations should be subject to a different odor measurement criteria given their land use setting, and that best practical controls will likely vary from process to process. The Northern Colorado Brine facility is an excellent example. It is an integral part of oil and gas production and refining in Weld County. Oil and gas production cannot occur in that county and elsewhere in Colorado without the extraction of aquifer water mixed with oil in the form of brine water. �`� 94005'6 HTR _ __ - - J0 7J 3 . 25 No . 003 P . 03 Ms. Christine A. Klein May 5, 1993 Page Two At the Northern Colorado facility the oil is processed from the water, stored, and shipped for further refining and use as a product. The U.S. Governments Standard Industrial Classification Manual contains a broad definition of manufacturing (attached) . The Colorado case Lamborn v. Bell, 18 Colo. 346, 32 P.2d 989 (Colo. 1893) construed "manufacturing" in the Colorado constitution' s water provision, Art. XVI, Section 5, to include "all such materials as have acquired changed conditions or new and specific combinations, whether from the direct action of the human hand, from chemical processes devised and directed by human skill, or by the employment of machinery" . 32 P. 2d at 991. We think that it would be an unintended result to classify a livestock feeding operation as subject to section 3 of Regulation no. 2 and not Northern Colorado Brine' s adjacent oil and gas brine water disposal 'and oil recovery facility in the same land use zone. The situation has become even more ironic in view of the Legislature' s determination that the Commission shall not regulate agricultural operations. The Commission has not chosen to define "manufacturing" for purposes of regulation no. 2 and it must be presumed in the absence of such a definition that the broad meaning of manufacturing in this State addressed by the Supreme Court in the Lamborn v. Bell case would apply. The Air Act and regulations carry with them civil and criminal sanctions for violation of their provisions, as the current enforcement case amply demonstrates . Fundamental notions of due process require notice of the proscribed activity. Accordingly, Regulation no. 2, as applied to the Northern Colorado Brine facility, must be read in light of the provisions of section A.3 . of Regulation no. 2. i look forwarding to discussing this matter with you. Best regards. Sincerely, � Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P.C. cc: Mike Cervi and Patty DePlazes 940056 H sK 05 93 3 . 2? No . GC3 Adopted : March 11, 297.2 defective Date: April 20, 2971 REGULATION NO. 2 ODOR EMISSION REGULATIONS Pursuant to Section 25-7-108(2)(d) of the Colorado Air Pollution Control Act of 1970. the following Emission Regulations are issued: A. No person, wherever located, shall cause or allow the emission of odorous air contaminants from any single source such as to result in detectable odors which are measured in excess of the following limits: 1. For areas used predominantly for residential or commercial purposes it is a violation if odors are detected after the odorous air has been diluted with seven (7) or more volumes of odor free air. 2. In all other land use areas, it is a violation if odors are detected after the odorous air has been diluted with fifteen (15) or more volumes of odor free air. cTh3. a. When the source isufacturinE Droces or agricultural operation, no violation of Subsections (1) and (2) shall be cited by the Division, provided that the best practical treat- ment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous gases and, where applicable, provided there is com- pliance with Item 4r of the Colorado Department of Health Pasteurized Fluid Milk and Milk Products Regulation adopted 18 April 1987. In determining the best practical control methods, the Division shall not require any method which would result in an arbitrary and unreasonable taking of pro- perty or in the practical closing of any lawful business or • activity, if such would be without corresponding public bene- fit. b. For all areas it is a violation when odors are detected after • the odorous air has been diluted with one hundred twenty- seven (127) or more volumes of odor free air in which case provisions of Paragraph A(3)(a) shall not be applicable. 2. 1 2 940056 �i n s :6 ' 93 3 : 23 No . 003 P . 0 Road 54 E—Vap Park, Limited U.S.R. - 540183:3 The use eh■Qbe an oil and gas brine water disposal and oil recover stint adescribed in the submitte app n meter a s. No scar ous wastes or non-hazardous industrial waste shall be allowed at the site. The facility shall be designed, constructed and operated to comply with the Colorado Department of Health Solid Wastes Disposal Sites and Facilities Ant. Title 30-20, Part 1, Cl8 1973, as amended. 1. The facility shall consist of the following: A. One (I) office/residence located as shown on the Use by Special Review Permit Plan Map. E. Three (3) skim tanks and one (1) dump tank. The tanks shall be located as shown on the Use by Special Review Permit Plan Map. • C. Four (4) evaporative ponds located as shown on the Use by Special Review Permit Plan Hap. D. One (1) heater treater and two (2) storage tank batteries as shown on the Use by Special Review Permit Plan Map. 3. There shall be one (1) point of ingress end egress to the facility from Weld County Road 54. The point- of access shall be located, designed end constructed in accordance with the submitted application materials and Use by Special Review Permit Plan Map. 4. The access road to the dump tank shall be constructed and maintained in dance to the application materials and Use by Special Review Permit Plan Map. 5. Entrance to the facility shall be controlled by electronic gate, activated by credit card as described in the submitted application materials. The State Health,. County Health and Planning Department shall be issued a card for entry to the facility. . 6. A six (6) foot chain link fence with three (3) strand barbed wire fence shall enclose the Use by Spatial Review. A 7. Evaporative Ponds: A. The four (4) evaporative ponds shall bt engineer designed and operated in accordance to the submitted application materials and Use by Special Review Permit Plan Hap. E. During the construction phase, a full-time professional engineering/geologic Consultant must be retained for continuous inspection of the evaporation ponds. The consultant shall certify by letters addressed to the State Health. County Health and Planning Departments that the design, materials, construction and operation of the evaporation ponds comply with the specifications as listed in the submitted application materials and on the Use by Special Review Permit Plea Map. C. Any f highly pervious soils encountered in the bottom of the evaporation ponds during excavation shall be removed to a depth of . one (1) foot and replaced with clays equivalent in composition and compaction density to those used for liner construction. D. A rep tattoo of the State Health Department or Weld County Health Department suet inspect- the final evaporation pond 1 • excavations prior to liner placement. r �'� 9�OO:s6 `� - = 9., 8 : 23 Iwo . 003 P . ..O DIVISION D Manufacturing The Distal= as a Whole The manufacturing division includes establishments engaged in the mechanical or chemical transformation of materials or substances into new products.These es- tablishments are usually described as plants, factories, or mills and characteristical- ly use power driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also consid- ered manufacturing if the new product is neither a structure nor other fixed im- provement. Also included is the blending of materials, such as lubricating oils, plas- tic resins,or liquors. The materials processed by manufacturing establishments include products of agriculture, forestry, fishing, mining, and quarrying as well as products of other manufacturing establishments. The new product of a manufacturing establishment may be finished in the sense that it is ready for utilisation or consumption, or it may be semifinished to become a raw material for an establishment engaged in fur- ther manufacturing. For example, the product of the copper smelter is the raw ma- terial used in electrolytic refineries; refined copper is the raw material used by copper wire mills: and copper wire is the raw material used by certain electrical equipment manufacturers. The materials used by manufacturing establishments may be purchased direct- ly from producers, obtained through customary trade channels, or secured without recourse to the market by transferring the product from one establishment to an- other which is under the same ownership. Manufacturing production is usually car- ried on for the wholesale market, for interplant transfer, or to order for industrial users, rather than for direct sale to the domestic consumer. There are numerous borderline eases between manufacturing and other divi- sions of the classification system.Specific instances will be found in the descriptions of the individual industries. The following activities, although not always consid- ered es manufacturing,an so classified: Milk bottling and pasteurising; Publishing; • Froth flab packaging (oyster shuck- Ready-mixed concrete production; ing,fish filleting} Leather converting; Apparel Jobbing(assigning of mater!. Logging; ale to contract factories or shops Wood preserving; for fabrication or other contract Various ;orrice Industries to the operations) as well as contracting manufacturing trade, such as type- on materials owned by others; setting. engraving. plate printing, sT • �� 9110056 5 d 3R _ — 05 ' 93 8 : 29 No . 003 P . 07 ( 990 • latlllf10•BIPf)BTMS:VOL 82. (polo..) GODDARD.J.. (after sta nog the table.)' 'aeeoptod`rate tbattbe ale to wbieb private• The questions presented by theretold are:' property may be condemned must be pub-. First. Has the petitioner a right talon- Ile- The right of eminent domain is an dime ii este dent th over the lands M' exercise of sovereign power,and is gene the de to furnish rtforpower tp o�pena�u line•. �i�'ropferred by legislative enactment;! watrio light plant? Second. Has he a.rlght press tame afrmaitvel confers thvision e right• to have a ditch across said lead'forirriga for psrticular par is likewise an ,spree. dun purpose. for his own use,reader the slog of the sovereign will.and grants the •facts shown? ..?'•'• ." righteretleataally an if.expressed•in an 'The first proposition depends ipoh• the? ant of the legislature, and can be enforced effect to be given to the following canons when such rant Is supplemented by au net: tational provisions: 'That private prop. of the legislators providing the means for arty shall not be taken for private use an- its ereeles, 'Aconstitution is but a high-' less by consent of the owner,except tor• sr form of statutory law.and it is entirely private ways of necessity, and except for competent for the people.If they so desire, reservoirs, drains flumes,or ditches, on to incorporate into it self-esacuting enact:' or face rs the lands of others,for egrleol.• meats. These are•much more common• .tures mining,milling,domestie,orsanitary than formerly, the object being to put ft purposes.• Section 14, art. 4, Sill of beyond•'the power of the legislature to Rights. 'That private property shall ant render them nugatory byrefusing to enact. be taken or damaged,for public orprivate legislation to carry them into effect. Pro- use, without Just compensation. Such bibitory provisions-in a constitution are .compensation shell be ascertained by a usually self+secnting to the extent thet board of eummiseioeere of not less than anything dons inviolation of them is void. three freeholders,or by a Jury;when re- But instances of affirmative self-executing gutted by the. owner of the property,In provisions an numerous in almost every such in may be prescribed bylaw, modern constitution.' Willis v. ganits- and until the same abase be paid to the ?ion Co., (Plan.) 50 N. W.Rep.1111. gee, owner,or into tort for the.owner,the aleu,Stet*v.Weston.4 Nob.21St Thomas property shall not be needleselydleturbed, v;Owens. 4 Md. 1W. It becomes neere- . or the proprietary rights of the owner sary,therefore, to determine whether the therein divested: and whatever an at- purpose relied on in this proceeding's*ex- temptie made to take private propertyfor premed in the first proposition,is within use ensued to be publf, the•ouestiac the Sri of axes enumerated in section 14 at whether the contemplated s •be really of article 2,and section 7 of article 1e, of public shall be a Judicial question,and de. the constitution,above cited. • 11 termined as such without regard.to ant: It is Insisted by conned for appellant legislativeassertlon that theses Moabite. that tbesecouetitutlunal provisions hould Section 15,Id. The water of every nate he read in the light of the conditions ex- oral stream.not heretofore appropriated, Isting at thetime they were adopted and within the state of Colorado,is hereby d► be construed la ligation to the evident dared to be the property of the public,. purposes they were intended to esbserve; and the same Is dedicated to the the o that the necessity for irrigation,and the the peopleottheetate.and theism*laded. ,paramount industry of mining, were In Jested to the use of the people or the contemplation by the framers of the con- state,subject to appropriation.at herein. etitutloa,asd theterm'milling'was need after provided,' Section kart.Ie,Mining. in argot 14 of article 2 with relation to and Irrigation. "The right to divert an- those purpore,and ite meaning should be appropriated watersofanynataralstream: testrieted to milling ore and grain. We to beneficial sees shall be denied, think the term"milling 'as need in that i Priority of appropriation shall give,the provision.should be given Its modern see better right as between those using:tbe rotation.and held as synonymous with wa ter for the same purpose: batwhen.tbe the word 'mauataoturing,' if not of waters of any natural stream are pot broader eiguifloatlon,and including that sufficient for the service of all those date- •tins. 'Webster after defining the word log the use of the same.those using the :smith"says: 'In modern rage,the term waterfordomestfe purposrahalt have the 'mill'Includes various other machines,or preference over thus* claiming •for any combinations of machinery;. • • • as other purpose,and those using the seap cotton mills, • • • falling male, • 5. • ter fur agricultural purposes shall have •powder mills etc., 1'4' • •to some of preference over those using the same for which theterm 'manufactory'orefectory' manufacturing purposes. .Section kid.' hm a alpplied.• It was held In Carlin v. it Perilous r ad corporations shall hays Assurance Co. 67 T,fd.515, that a flouting the right of way across public,private, mill came within the term'manufacturing 1 and corporate lands for the construction establishment,'•as used to a policy of in- of ditches,canals,and flumes for the pore soresce. In discussing this branch of the poses of conningthe irrigationr►at nor ot domestic l pure right at of�he LW pllainttiifff toe,runehiee:mill at lands,and torturing d manolilaetoels� night depends g I cps upon establishment.' the mill was of Inst compensating. mpd for eatln g.Mictiupon-?, id. It awhirls to'manufacturing deemed h• ma • ' • penestlop. Minion , d. It. But wbatls to be • manufacture Is apparent from the foregoing provisions lug 'establishment, or in other words. that our sunetitation is,1n certain. parties what is the ats niSeatfon of the verb'to mars touching the riaht to take.private manufacture:is for the court to define. property for private nee,exeepttonal:asd. The counsel for appellant contended that for certain enumerated uses, changes the making flour from wheat;reasoning from -�� 940056 4 " _ _ . _ 34-c NY 06 ' 93 8 :30 No . 003 P .08 0olo.) . ..LAMROfl AeBZLL...-. 99] the etymology of the ward.aud the nature corresponding%with.the•Immense Impair- of the proms is not mennt log. But tance:ot.,the powers delegated,leaving as whilst,from its derivation, the primary little as possible to Implication." Cooley, ' meaning of the word m.�sgoith eiyy�yss' is Coast—Lim. .72. That the words"menu- making.with the hand, this rdifinlilon is featuring purposes,' used in these several too narrow for its present nee. Its mean- provisions,should be taken in their ord1. leg has expanded as workmanship and nary acceptation, we have no doubt; and art have advanced; so that sow nearly the purpose of petitioner coming clearly all artificial products of human industry within their ordinary meaning, we are to nearly all nab materials as bare acquired determine whether the(mercies of the right changed conditions or new and specific Is available to him ander the terms of sec. corn bias done, whether trim the direct as lion 7,art.16.and the legislation of the don of the human band,from chemical state upon the subject of eminent domain. processes devised tad directed by ham While It may be conceded that the consti- aklll,or by the employment of machinery tational provision is not self-eseendng In which.after*B,le but a higher form of the the sense that It dos not provide the man- ' simple implements with which the human net in which compensation can be as- • hand fashioned itaereatlons in ruder ages, assed,iz nevertheless dues conferthe right are now commonly designated as'mann- In express terms; and'It only remains to factored: Rnrrlldefina'tomanufacture; be determined whether provision le made the process of making a thug by art,' to carry out such right. The eminent do- and cites Bailer, J.,in Bounce v. Bull,I main art provides (section II,p. 91)1.Laws H.Bl.468.471. Abbott gives its=Aging 1966), that.In all cares where the right to as'whatever Is made by human labor, take private property forpuoae or private either directly or through the inutromea- use,without the owner's a • • • tallty of machinery.' he definitioo le bee been heretofore or shall hereafter be. Webster is,'to makeorfabrieate from raw conferred by general laws or special char- materiels by the hand,by art,or within- tar,''etc.. The constitutional provision cry,and work into forms convenient for above referred to must certainly be re- use.' Worcester has, in sabetanee, the 'gerdo) as a general law,conferring the is that of&briefer v. Woo directly Blatahta41k henbce the act providingtMf this to In which animal charcoal. produced by ascertain the compensation makes the the process of burning bone,in the same right available,and-the question whether m that wood is' exposed to the ae- the conetltntiosal provislun is or.is not In don of Are. to produce common charcoal, itself selfersanring become* Immaterial. and boneduet.produced bypulterlting or We think,under the provisions cited, the grinding bones,are decided to be'mann. right to condemn ■ right of way for a lactates of bone.' The question here eon- ditch over appellant's laud for the pur• Mond was involved in that case,and the poses designated is conferred, and teat decision accords with the view we have the eminent domain art provides for the expressed. We think,therefore,thatplain- exercise of that right. •'= tire flour mill,driven as it wasby steam, The farther question of the right of pet). and furnished with a middllog purifier, tioner,under the feats la evidence,to avail bran duster,belting,and other marbitiery, himself of this right for irrigatinghisland, ' was clearly a 'manufacturing establish- Is not sustained. The delay of two years ' meat." We cite the foregoing at length, in completing the ditch to inch land,In as it upholds oar view of the meaning to view of the admitted fast on the part of be given to the words •manufacturing 'petitioner that be dor not at the resent purposes,'and also shows that the per- time need the same, or Intend' to atlas*it. pose of appellee Is within the ordinary le a virtual abandonment of the right for meaning of those terms. So regarded, the that purpose.. The court instructed the . word manufacturing'eau be given its jury that tbs measure of defendant's dam- ' weli.underetood meaning, and come clap ages was the true and actual value of the ly within the exceptions enumerated in property taken on March 16.1887, which section 14,art.2,and be given its full she- was the data of filing the petition for con• reification• in section 7,avant,and also to detonation. The trial for the purpose of section 4, Id.. wherein it Is designated appraising and awarding compensation as one of the beneath, pees for which en and damages did not occur until Marro, appropriation of water may be• made. 1St By statute it le provided that, In With this view the afforest sections may estimating thevalaof ibeproperty taken be harmonised and effect gives to both,a the true and actual value at the time of result always to be reached in the con. the appralsement shall be allowed and ' ,traction of such Instruments If proeti- awarded. The statutory rule as to the ' cable. "The rale applicable hen is that time at estimating the value has been de- enect la to be give, if possible. to the Mired 'Imperative in several cases. Rail- ; whole instrument, and to every section road Co. v..Allen.18 Colo.988,99 pan.Rep. and clams. If different portions seem to 806; Twin. Lakes Hydraulic Auld Mla. confilet.the courts most harmonics them. Syndicate, Lim.. v.Colorado M.Railroad if practicable,and mast lean in favor of a Co.,.IS Cola 1,31 Pat.Rep.28. It will he construction which will render every word observed thatin the caves cited,as in this operative, rather than one which may ease, the statuto7 role was invoked by make some words idle and nugatory. the owner; and in such ease, we have no This rule is.applicable with special force, doubt, the strict:eta tntortrule should he to written constitutions,in which the pro. adored. The constitution, art 9, 5 16, le will be preowned to have expressed guaranties3 penes tint to the owner themselves in careful and measured terms, .when property lip tease without his.con- --) 9409.16 ./• -7 7-7blk RECEIVEDMAY 6 1993 Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303) 861-1963•Fax: (303)832-4465 3 /(%, Ext . 123 May 4, 1993 Ms . Christine A. Klein Assistant Attorney General Natural Resources Section 1525 Sherman St . , 5th Floor Denver, Colorado 80203 Re: Confirmation of Meeting of May 12, 1993 , 1 : 30 P.M. , at Air Quality Control Division, Northern Colorado Brine Dear Christy: This will confirm that Mike Cervi, Patty DePlazes and I will meet with you, representatives of the Air Quality Division, and representatives of Weld County to discuss settlement of the various Regulation No. 2 odor issues and air emission permit issues involving Northern Colorado Brine. The meeting is scheduled for 1: 30 P.M. , May 12 at the Air Division. In accordance with our phone conversation of this morning, you and I have agreed not to pursue discovery, whether by interrogatories or Public Records request, while settlement negotiations are proceeding as to all matters regarding Regulation no. 2, the alleged odor violations, and the alleged air permit violations . However, as we discussed, I do not represent Northern Colorado Brine in the proceedings before Weld County. Ken Lind of Greeley is handling that representation, as you can see by the attached letter dated April 30 , 1993 . I will not ask Mr. Lind for any of the odor-related documents he obtains from that request and I will not accept from him, Mr. Cervi, or Ms . DePlazes any such odor documents pending settlement discussions . If the settlement discussions are unsuccessful, you and I will negotiate a discovery schedule or, failing agreement, obtain discovery through interrogatories or other available means under law. I hope this captures the essence of our agreement of this morning . 7(y 9006 Ms . Christine A. Klein May 4, 1993 Page Two I want to emphasize that we would like the permit people as well as the enforcement people to attend our meeting of May 12 . Also, I want to confirm that I filed by hand delivery a hearing request with the Air Commission regarding the latest compliance order and penalty assessment (see attached letter) . The filing of the request stays enforcement of the compliance order and penalty assessment pending hearing and disposition by the Air Quality Control Commission. My understanding of Colorado law is that the Commission now has exclusive jurisdiction over whether the odor and air emission permit violations alleged by Weld County and the State occurred. Yet Weld County has apparently made odor an issue in its Order to Show Cause hearing which is the subject of Mr. Lind' s information request . Does the instruction of your office not to provide Mr. Lind, Patty DePlazes, and Northern Colorado Brine with the alleged odor violation files mean that the State not Weld County has exclusive jurisdiction over the odor matters? If so, I am in agreement and perhaps Mr. Lind would withdraw his records request if Weld County agrees to drop the odor matter from its Show Cause hearing. If not, I don' t see how your Office could have advised denying the records request and proceeding through you for discovery if odor is properly an issue in the Weld County proceedings . I look forward to meeting with you on May 12 . Sincerely, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P. C. cc: Mr. Kenneth Lind Mr. Mike Cervi Ms . Patty DePlazes 3(4' 940056 ,) LIND , LAWRENCE & OTTENHOFF ATTCFi.NEYS AT La 111E LAW BUILDING .011 ELEVENTH*VENUS P.O.BOX:26 CURLEY,COLORADO#_22 GECRCB IL OTTEDHCfF TELN!'EfY.F LIND (303) s2ONE nN P. .AWREN.CB (M3))52.7717 OC62 Sm.;m3 L'ECOl4A MA2m•11i2 April 30, 1993 Thomas 0. David Weld County Attorney P. O. Box 1948 Greeley, CO 30632 Z.e : Northern Colorado Brine (Cer-ri) USR-540 : 83 : 3 Dear Mr. David: On April 21 , 1992 our office mailed :c you a demand for access to the Northern Colorado Brine file specifically related to the complaint files and more specifically concerning the alleged odor violation (Cperation Standard 7J) . On both April 26, 1993 and again on April 28 , 1993 an authorized representative of Northern Colorado Brine, Patty DePlazes, requested access to the files . On both occasions, the access was denied. For your convenience i enclose copies of the Requests to Review Files and responses . Eased upon our April 21, 1993 letter and the fact that the Show Cause Hearing is scheduled to take place on May 19, 1993 , the County' s refusal and denial to provide all information and access co the file has resulted in a substantial violation of our client ' s State and Federal Constitutional rights . This is very clearly a violation of due process and equal protection and we are now unable to adequately prepare for and present evidence related to the alleged odor violation. Cue to the County' s denial of access to the file in a timely fashion, formal objection is hereby made to consideration of any alleged odor violation at the May 19 , 1993 hearing. Additionally, it is our opinion that the County' s refusal to provide access to this file, while being a violation of various State and Federal Constitutional provisions, is also a statutory • violation of our client ' s rights . The further purpose of this letter is to advise you that our office is reviewing applicable Federal statutory law. I: is very unfortunate that such action is necessary but we do not believe that .__ is either fair or proper 910056 7-Iolkrte & , Pc Attorneys At Law 1773 Sherman Street •Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303)832-4465 May 4, 1993 Air Quality Control Commission Ms . Christine A. Klein APCD-CC-B1 Assistant Attorney General Colorado Department of Health Natural Resources Section 4300 Cherry Creek Drive South 1525 Sherman St . , 5th Floor Denver, Colorado 80222 -1530 Denver, Colorado 80203 Air Quality Control Division Weld County Health Department APCD-ADM-Bl 1517 16th Avenue Court Colorado Department of Health Greeley, Colorado 80631 4300 Cherry Creek Drive South Denver, Colorado 80222 - 1530 Re : Certified Letter No. P 860 424 449 , Compliance Order and Assessment of Civil Penalty, and Certified Letter No. P 860 424 448, Denial of Permit Modification Application, Northern Colorado Brine, Weld County Dear Sirs and Ms . Klein: Northern Colorado Brine appeals to the Colorado Air Quality Control Commission and requests a hearing and dismissal of all allegations, complaints, penalty assessments, notices of violations and compliance orders issued by the State of Colorado and/or Weld County with regard to Regulation No. 2 of the Air Quality Control Commission, Emissions Permit No. 90WE161, the Colorado Air Quality Control Act, and the State Implementation Plan for the State of Colorado. Northern Colorado Brine also appeals the denial of a permit modification application with regard to the production limitation contained in permit no. 90WE161. This request for hearing and dismissal includes those matters contained in the April 21, 1993 "Compliance Order and Assessment of Civil Penalty" issued to Northern Colorado Brine and the Notices of Violation and Compliance Orders Dated February 1, 1993 , January 26, 1993 , and February 3 , 1993 , which are the subject of a hearing request filed on behalf of Northern Colorado Brine on February 18 , 1993 . This request for hearing also challenges the denial of the permit modification to increase production also dated April 21, 1993 , and requests that the permit modification be granted. 1 . 94.0056 t/ A hearing has been set by the Air Quality Control Commission for August 20, 1993 , and we ask that all such matters be consolidated for hearing on August 20 , 1993 . Pursuant to C. R. S 25-7-115 (4) (b) , the filing of this hearing request, together with the filing of the February 18, 1993 , hearing request, stay all matters relating to the alleged violations and non-compliance of the facility with regard to air emission and permit matters pending hearing and disposition by the Commission. Northern Colorado Brine requests a hearing as to whether the violations exist, or did exist, and whether a compliance order or compliance schedule should be issued, whether any penalties should be assessed, and whether the State Implementation Plan should be revised to delete Regulation No. 2 from the State Implementation Plan. Northern Colorado Brine also requests that the permit modification to increase production be granted. Grounds for the hearing include the following: 1 . Weld County and the State of Colorado have been utilizing the provisions of Regulation No. 2 A. 2 . (15-1) for enforcement purposes for this facility, whereas the applicable standard is found in Regulation No. 2 A. 3 . a. & b. (best practical treatment, maintenance, and control currently available/127-1) . 2 . The facililty has employed and is employing best practical treatment, maintenance, and control currently available. 3 . The scentometer utilized for the inspections by Weld County and the State of Colorado has not been properly calibrated, maintained, repaired, and/or operated for the purpose of ascertaining compliance with Regulation No . 2 . 4 . Weld County and the State of Colorado have recorded and documented inspections which demonstrate that the facililty is in compliance with Regulation No. 2, have refused to take such documentation into consideration in issuing the compliance orders and penalty assessments, and have failed to provide such exculpatory evidence to Northern Colorado Brine, in violation of an agreement made at the enforcement conference concerning alleged violations held on March 8 and despite requests made under Colorado' s Public Records Act for such public records . 5 . Processing of the permit modification to increase production has been suspended, contrary to the Colorado Air Quality Control Act and regulations governing permits and permit modifications, in aid of the enforcement action. The production limitation of emission permit no. 90WE161 was not intended to be related to odor emissions or compliance with regulation No. 2, 2 . 3 940056 5 the permit modification application was properly submitted and should have been granted, and the refusal to process the application and grant the permit modification is based upon alleged violations and compliance orders which have not been proved and are subject to hearing by the Air Commission. 6 . Northern Colorado Brine has been denied its statutory and Colorado and United States Constitutional due process rights to a fair hearing and presumption of innocence. The Air Commission has exclusive jurisdiction to determine whether the alleged violations occurred and whether a civil penalty should be assessed, yet the State and Weld County have taken actions which presume the guilt of Northern Colorado Brine, even though a proper hearing request has been filed with the Commission and all matters of alleged violation and non-compliance of the Colorado Air Act, Regulation no. 2, and permit no. 90WE161 are stayed by law pending hearing and disposition by the Air Quality Control Commission pursuant to C.R.S . 25-7-115 (4) (b) . 7 . Northern Colorado Brine has undertaken an abatement plan presented to Weld County and the State of Colorado Department of Health at the enforcement conference on March 8, 1993 . Pursuit of the abatement plan has resulted in an expenditure of over $80 , 000 . 00 , yet the Weld County and Colorado Health Departments, after asking for and receiving the plan and stating that the disposition of the enforcement conference would include surveying the sources with control equipment of the kind Northern Colorado Brine intended to install, issued the compliance order, penalty assessment, and denial of permit modification application without surveying such sources or honoring Northern Colorado Brine ' s letter of March 18, 1993, attached, or taking Northern Colorado Brine' s good faith actions into account . 8 . Regulation no. 2 is not properly part of the State Implementation plan in light of C.R. S . 25-7-105 . 1 and must be removed from the State Implementation Plan. 9 . A standard of limited applicablity should be adopted by the Commission which provides that the Northern Colorado Brine facility is subject to best practical treatment, maintenance, and control currently available in lieu of all other provisions of Regulation no. 2 . 10 . Northern Colorado Brine reserves the right to present additional grounds and issues at the hearing as the same may be discovered or ascertained. 3 . 3k 940056 Dated this 4th Day of May, 1993 . Respectfully submitted, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P.C. c. Mr. Mike Cervi Ms . Patty DePlazes 4 . 940056 '7 LIND , LAWRENCE & OTTENHOFF ATTORNEYS AT LAW C• �J THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 30632 GEORGE H.OTTENHOFF iaNNETH F.LIND TELEPHONE KIM B.LAWRENCE 353-2323 (303)3%-91-9l 60 TELECOPIER 1303)356.1111 April 30 , 1993 Thomas O . David Weld County Attorney P .O . Box 1948 Greeley, CO 80632 Re : Northern Colorado Brine (Cervi) USR-540 : 83 : 3 Dear Mr. David: On April 21, 1993 our office mailed to you a demand for access to the Northern Colorado Brine file specifically related to the complaint files and more specifically concerning the alleged odor violation (Operation Standard 7J) . On both April 26, 1993 and again on April 28 , 1993 an authorized representative of Northern Colorado Brine, Patty DePlazes, requested access to the files . On both occasions, the access was denied. For your convenience I enclose copies of the Requests to Review Files and responses . Based upon our April 21, 1993 letter and the fact that the Show Cause Hearing is scheduled to take place on May 19 , 1993 , the County' s refusal and denial to provide all information and access to the file has resulted in a substantial violation of our client' s State and Federal Constitutional rights . This is very clearly a violation of due process and equal protection and we are now unable to adequately prepare for and present evidence related to the alleged odor violation. Due to the County' s denial of access to the file in a timely fashion, formal objection is hereby made to consideration of any alleged odor violation at the May 19, 1993 hearing. Additionally, it is our opinion that the County' s refusal to provide access to this file, while being a violation of various State and Federal Constitutional provisions , is also a statutory • violation of our client' s rights . The further purpose of this letter is to advise you that our office is reviewing applicable Federal statutory law. It is very unfortunate that such action is necessary but we do not believe that it is either fair or proper r • 9400 6 Thomas O. David Weld County Attorney April 30 , 1993 Page 2 for the County to allege a violation and refuse, at the same time, to allow access to the information to prepare for a hearing which substantially effects the Constitutional rights of our client . Very truly yours, LIND, LAWR7 Orr OFF Kenneth F . Lind KFL/cg Enclosure pc : Mike Cervi Patty DePlazes Mike LeSage, Esq. 940056 LIND, LAWRENCE & OTTENHOFF AIIURNEYS AT LAW - EXHIBIT THE LAW BUILDING loll ELEVENTH AVENUE P.O.BOX 326 GREE.EY.COLORADO 20632 GEORGE H.OTTENHOFF KENNETH F.LIND TELEPHONE KIM B.LAWRENCE (03)353.1 (3303)356.916060 TELECOPIER April 21, 1993 (303)3564111 Thomas O . David Weld County Attorney P .O. Box 1948 Greeley, CO 80632 Re : Northern Colorado Brine (Cervi) USR-540 : 83 : 3 Dear Mr. David: This office has been retained by Northern Colorado Brine and Mike Cervi to represent them at a Show Cause Hearing before the Board of County Commissioners of Weld County, Colorado which hearing is presently scheduled to take place on May 19, 1993 . The Show Cause Hearing is pursuant to a finding of probable cause by the Board of County Commissioners which was entered at a hearing on April 12, 1993 . One of the alleged violations of the Use by Special Review and basis for both the probable cause and order to show cause concerns Operations Standard 7 (j ) which relates to odors . On April 15 , 1993 at approximately 9 : 00 a.m. Patty DePlazes who was an authorized representative of this office, Northern Colorado Brine and Mike Cervi submitted a written request to the Weld County Department of Health to review all files of Northern Colorado Brine including the complaint file for the years 1990 through 1993 . The purpose of the request was to review the files for preparation of the defense at the Show Cause Hearing. Shortly thereafter, a representative of the Weld County Health Department contacted Ms . DePlazes by telephone and informed her that all documentation concerning alleged odor violations including complaints, correspondence or any other file matter would not be provided and access was denied. A copy of an April 15 , 1993 Memorandum was later provided to Ms . DePlazes . For your convenience I am attaching copies of the request to review files and the April 15th memorandum. At this time, I am making formal demand to access all files of Northern Colorado Brine related to alleged odor violations including but not limited to documents, memos, tests, complaints, correspondence and all other file entries . Due to the time 3,`"i 940056 Thomas O. David Weld County Attorney April 21, 1993 Page 2 constraints involved with the May 19th Show Cause Hearing I further demand that access be granted not later than April 27, 1993 . It is our opinion that access to all of these materials is absolutely essential to the defense and preparation for the Show Cause Hearing related to the alleged odor problems . In the event that access is denied, I will have no choice but to demand that the May 19 , 1993 Show Cause Hearing be vacated or, in the alternative, that any alleged violation related to odor be withdrawn. Very truly yours, LIND, LAWR NCE OTTENHOFF lit Ke eth . L nd KFL/cg Enclosure pc : Mike Cervi 9410058 aiiiiiiiih, EASTERN PLAINS ENVIRONMENTAL SERVICE PATTY DEPLAZES Bus. (303) 454-3452 P.O. Box 142 Home (303) 897-2439 Pierce, CO 80650 April 22, 1993 Mr. Trevor Jiricek Weld County Health Department Environmental Protection Services 1517 16th Avenue Court Greeley,CO 80631 Dear Mr. Jiricek RE: Northern Colorado Brine On behalf of Northern Colorado Brine, I am writing regarding the frac sand that settles out of the production water hauled to NCB for disposal. This frac sand is currently being washed out of the trucks on the concrete pad west of the dump tanks. It is unloaded from the trucks on the concrete pad in order to keep the dump pits from filling up with the sand. The sand is part of the production water and therefore part of the approved waste stream. Disposal of this sand by placing it inside the berm of the ponds is appropriate, as it is part of the production water. Please call if you have any questions or if I may provide additional information regarding this matter. Sincerely Patty Deplazes cc Mike Cervi, NCB Keith Schuett, WCPD nn 940(). ' EASTERN PLAINS ENVIRONMENTAL SERVICE PATTY DEPLAZES Sus. (303) 454-3452 P.O. Box 142 Home (303) 897-2439 Pierce, CO 80650 April 22, 1993 • 013111 Mr. Trevor Jiricek Weld County Health Department Environmental Protection Services 1517 16th Avenue Court Greeley, CO 80631 Dear Mr. Jiricek RE: Northern Colorado Brine Removal of contaminated soils from around the tank battery at Northern Colorado Brine is complete. Three soil samples were taken from around the tank battery and submitted for analysis to Cenref Labs in Brighton, CO. All three samples were analyzed at <10mg/kg. A copy of the results is enclosed for your review. The cleaned area has been backfilled with clean dirt and gravel and the berm around the battery rebuilt. The contaminated soil was used for berm repair as you previously approved. Please call if you have any questions or I may be of further assistance in this matter. Sincerely —4.4/ Patty Deplazes cc Mike Cervi, NCB Keith Schuett, WCPD • 940053 ( COMPANY NAME: Eastern Plains Environmental CENREF PROTECT NUMBER: PR930724 Total Petroleum Hydrocarbons Analysis METHOD Mod. 418.1 CENR?f' e'1MPLE IDENTIFICATION ,gpj, RESULT SAMPLE No (ma/ka1 (ma/ka) 2722 NCB Tanks NW 10 SUL 2723 NCB Tanks E 10 BDL 2724 NCB Tanks SW 10 BOIL BDL = Below Sample Detection Limit SDL = Sample Detection Limit CDhA iris: CAMS z) 910056 • RECEIVED SANITATION DIVISION I,JF vCo Nil P ee-r 0 2 1983 �' r1ELD CANTY IEWLTM VT. COLORADO DEPARTMENT OF HEALTH + � +. > i7 iC-an 0 Lamm „I F Frantic A irayior. N O. Governor 18 ,a Eaecn:ve Oirectcr October _8 , 1983 EXHIBIT 31 9oard. of Count_: Commissioners Weld County Courthouse 915 10th Street Greeley, Colorado 80631 Gentlemen: This Division has completed its review of the proposed Road 54 E-Vap Park brine waste disposal facility to be located north of Milliken, in Weld County, Colorado. The engineering design and operations report was received by this Division on October 19, 1983. The report and plans were reviewed to determine whether this facility could comply with the rules and regulations of the Solid Wastes Disposal Sites and Facilites act, Title 30-20 Part I, CRS 1973 , as amended. As you are aware, this is the second application submitted by this facility. The first application was denied by this Division on August 26, 1983 , because the site is located above the Laramie-Fox Kills aquifer and the information provided was not sufficient to ensure that groundwater would be protected. The new application for this facility contains additional geohydrologic studies by E-pire Laboratories and revised engineering designs by Norton, Underwood and 'amb , Inc. These additional studies and revised plans adequately address those issues which resulted in a denial of the previous application. It is therefore our opinion that eh facility can comply with the Solid Waste regulations if it is designed an perated in accordance with the design and procedures contained in the October 19, 1983 application. The following • provisions are recommended for inclusion in the Certificate of Designation, should the Weld County Commissioners decide to approve this facility: 1) A waiver of regulation 4.2.4 be granted pursuant to regulation 1.3.8 , given the design of the seepage detection system and the geologic conditions at the site. 2) Gauge height indicators should be installed in each pond to accurately reflect the depth of liquid waste. 3) Areas of highly pervious soils encountered in the pond bottom during excavation should be removed to a depth of one foot and replaced with clays equivalent in composition and compaction densc.y to those used for Liner construction. EXHIBIT 3b ROAD 54 E-VAP PARK WELD COUNTY , COLORADO 7 Fo r LArvin Martensen Project No . 8232A 4 October , 1983 Prepared By Norton , Underwood and Lamb , Inc . Engineering Associates Greeley , Colorado 1) 910056 . 1 TABLE OF CONTENTS Section Page Introduction 1 Location and Size 1 Engineering Design 2 Site Monitoring 5 Expected Life and Closure 5 Appendix A : Application - Use by Special Review Appendix B : Application - Certificate of Designations Appendix C : Geotechnical Report L Exhibit : No . 1 : Use by Special Review Permit Plan Map 9/1006 INTRODUCTION : The proposed Road 54 E-Vap Park is an oil and gas well production water disposal site . The highly saline production water will be trucked to the site and evaporated from clay- lined pond: . The site will serve the Greeley area , which currently has no site closer than the disposal sites near Roggen and Fort Lupton , Colorado . LOCATION ANO SIZE : The disposal site is located three miles north and one mile east of Milliken , Colorado . The site is in Section 25 and 26 , T5N , R67W , of the 6th P .M. , being more particularly described as follows : Considering the north line of said Section 26 as bearing North 900 00 ' 00" East with all bearings contained herein relative thereto . Commencing at the Northwest Corner of Section 25 , thence South 89° 36 ' 48" East along said North line of the Northwest One Quarter ( NWT /4 ) of said Section 25 a distance of 707 . 67 feet , thence South 000 00 ' 00" East a distance of 30 . 00 feet to the point of beginning , and South right-of-way line of Weld County Road No . 54 , thence continuing South 000 00 ' • 00 " East a distance of 24 . 00 feet . Thence South 66° 22 ' 44" West a distance of 99 . 94 feet , Thence South 56° 51 ' 58" West a distance of 98 . 67 feet , Thence South 54° 26 ' 31 " West a distance of 100 . 06 feet , Thence South 500 51 ' 49" West a distance of 99 . 89 feet , Thence South 470 07 ' 32" West a distance of 100 . 21 feet , Thence South 42° 27 ' 05 " West a distance of 99 .82 feet , Thence South 38° 55 ' 12 " West a distance of 99 . 35 feet , Thence South 34° 42 ' 02" West a distance of 100 . 00 feet , Thence South 31 ° 31 ' 15 " West a distance of 99 . 63 feet , Thence South 260 03 ' 07" West a distance of 100 . 08 feet , 'fir 940056 3 ,. Thence South 22° 34 ' 08 " West a distance of 99 . 99 feet , Thence South 19° 04 ' 28 " West a distance of 98 . 92 feet , Thence South 14° 20 ' 33 " West a distance of 99 . 88 feet , Thence South 11 ° 33 ' 59" West a distance of 100 . 22 feet , Thence South 5° 08 ' 11 " West a distance of 97 . 56 feet , Thence South 1 ° 45 ' 52" East a. distance of 91 . 92 feet , Thence South 89° 59 ' 54 " West a distance of 1049 . 89 feet , Thence North 26° 33 ' 54" West a distance of 883 . 27 feet , Thence North 41 ° 01 ' 24" West a distance of 410 . 90 feet , Thence South 900 00 ' 00" West a distance of 210 . 30 feet , Thence North o0 00 ' 00" West a distance of 190 . 00 feet , To a point on the South right-of-way line of Weld County Road No . 54 , thence North 90° 00 ' 00 " East a distance of 2068 . 00 feet , thence South 89° 36 ' 48 " East , a distance of 707 . 67 feet to the point of beginning . Said tract of land contains 49 . 32 acres , and is subject to all rights - of-way , easements , and restrictions of record . ENGINEERING DESIGN : E The site was sized to handle an average of 15-80 barrel truckloads of production water per day. The water will be brought to the site in the trucks and placed in the first of a series of four-500 barrel concrete tanks . The production water which • contains up to 2% crude oil will flow from tank to tank through a series of openings and baffles designed to trap the oil in the top of the tanks and allow the water to flow out the bottom of the tanks . The water will then flow out into the ponds to be evaporated . The oil will be drawn off from the tanks to a smell treatment unit where heat treators will evaporate the last of the water from the oil . The oil will then be stored in an oil storage tank until it is hauled to a refinery by tank trucks . Evaporation data from Fort Collins and a map showing average ",e 940056 `� annual evaporation from shallow lakes prepared by the U . S . National Weather Service , shows an average evaporation of 36 inches per year to be a reasonable value for the Greeley area . If all evaporation is assumed to occur during four summer months , then the maximum effective pond depth will be 8/12 ' s of the average evaporation or 24 inches . Pond freeboard was determined by using the maximum probable amount of precipitation expected to fall on the pond in 48 hours - 30 inches - and allowing for six inches of salt accumulation . Total pond depth will , therefore , be five feet . The ponds will be lined • with a minimum twelve- inch thick liner using the native clayey soils compacted to 95% of Standard Procter Density , AASH0-T99 . Liner placement techniques are outlined in the geotechnical Lreport by Empire Laboratories , presented as Appendix C . Each pond will have a twelve foot wide access road around it . A qualified soils engineer shall monitor construction of the ponds and provide written certification to the Colorado Department of Health , Waste Management Division , and the Department of Planning Services . Salt accumulation in the ponds was calculated to be less than 0 . 40 inches per year , assuming a salt content of 100 pounds per 1000 gallons of production water . The six inches allowed for salt storage in the ponds will give approximately 15 years of operation before cleaning is necessary . At that time , the salt will be carefully removed from the ponds in sue - _ �� 940056 ' ,5 a manner as to avoid damaging the liner and disposed of by sell - ing for another use or hauling to a solid waste disposal faciiit: . The disposal site ' s location near the top of the hill reduces the drainage area above the site to zero . The site will be graded so that the small amount of runoff water will be channeled around the evaporation ponds and into the drainage ditch on the south side of County Road No . 54 . The top of the pond walls and concrete tanks will be set a minimu,z of 12 inches above grade and the ground will be sloped away from these structures . The inside of all tanks will be coate2 to minimize seepage from the tanks . The site will be fenced to prevent unauthorized access to the ponds . During the initial filling of the ponds , an average of 25 loads per day will be brought to the site until June 1 , 1984 , the start of the four month evaporation season . The four concrete tanks will hold a total of 2000 barrels which is equal to the total water brought to the site per day , at 25 loads per day . This provides a minimum of 24 hours betweel the time the production water is brought to the site and when it reaches the ponds . This will allow the oil to separate completely from the water before the water reaches the ponds . The schematic diagram on Exhibit No . 1 shows the tank layout and piping . The tanks will be covered with one inch square mesh to prevent access to the tanks by wildlife especially wafer fowl . 94,0056 �, SITE MONITORING : The State and Weld County Departments of Health require monitoring to detect pond lining failure to avoid contaminaticn of surface and groundwater . As there are no perennial streams within one mile downstream of the site , no surface water monitoring plans are proposed . Failure to pond lining will be monitored with an underground observation well program . This program is described in detail in the information provided in Appendix B . It will consist of a combination of monitoring wells and French drains under the ponds to detect seepage from the ponds . EXPECTED LIFE AND CLOSURE : The site is expected to operate as long as there are oil and gas wells in the area . It is almost impossible to project a date of site closure with the many variables involved with oil and gas drilling . When the site is closed all improvements will be removed along with all deposited salts . Because the lining of the ponds was constructed with on-site material , it is not expected that the lining will be removed . The site will be regraded to farmable contours and it is expected that it will be returned to farm land . k Written By : /�• J: ( 5%LL<< / KENNETH K . SHUEY , P . F9- -• THOMAS E . NORTON , P . E . .1° 910056 7 PROPOSED PROCEEDURE The former application for this site proposed to build only the -three ponds of three acres each. Considerable oppos- ition arose due to a greater apparent need than this site would satisfy without overloading its capability. In view of this rapidly increasing need, it is proposed that the permits be re- quested in three seperate applications or Phases. Phase I will continue the original proposal, with the provision chat an office-residence will be placed on site to provide continual supervision of this site. This resident manager will monitor all traffic from the first day of operation and receive all carriers of production waste water. Phase II application will follow immediately upon the issuance of the Permit for Phase I. Tlfis expansion will be very similiar to that proposed in the Engineer's letter to the County Planning Department of March 21, 1983. If it becomes evident from the initial operation that increased skim tank capacity is required for the increased volume of intake, those tanks will be added. Phase II will be built as soon as the ' permit is issued. Phase III will be proposed on land lying to the West of Phases I and II. This Phase would only be the addition of more evaporation ponds, should the need demand. It should be noted that it is proposed that this entire site will be designed to operate without the use or dependancy upon pumps to move the fluids. OPERATIONS PROJECTION BASIS: i. Build Phase I: Open September 1, 1983. 2. Intake: Daily: 25 loads x 80 barrels - 2,000 3. Annual net evaporation anticipated: 36 inches. 4. NZ- evaporation anticipated throughout 8 Wint4r Months. 5. Total capacity: 9 acres x 30" - -174,555 'Barrels 6. Extraction of crude: 27. : + 3,491' 7. Evaporation: 1 Summer month: 36"..4x9 acres+' 39,000 8. Total allowable intake: 217,046 9. Days of operation: 217,046 2,000 8bls.- 148-dy,� >L' 9'OO S rt October 1, 1983 to May 31, 1984 ( 8 Winter Months ) Balance: Sept, '83 Intake: 60,000-crude-evaporation - 19,800 Barre. Intake: 2,000 Bbls daily x 30 days x 8 Winter months +480,000 Extraction: 2% Crude - 9,600 Evaporation: None in Winter. Total quanity: June 1, 1984 490,200 Total Capacity: With Phase II: 737,010 Total quanity: June 1,1984: 490, 200 Operating Margin: 246,810 June 1, 1984 to October 1, 1984 ( 4 Summer Months ) Balance: June 1, 1984 490,200 Evaporation: 36" x 38 acres -884,412 Intake: 2,000 barrels x 30 days x 4 months +240,000 Extraction: 2% Crude - 4,800 Balance: October 1, 1984 -159,012 NOTE_1.With this capacity and anticipated volume, the entire capacity will be available for the 8 Winter months accumulatior The rapidly increasing volume of intake could also be disposed of for some time to come before Phase III would be required. 2.The anticipated salt build-up consumes storage: 9,826 Barrel per year of operation of the 38 acres. • ING 9400.5$ C/ d5- 199 1�: �_ .._,� �=_�CN _ 5 PAGE 02 L N ENGINEERS fl 822 7TH STREET GREELEY,COLORADO 80631 (303)3566362 May 13 , 1993 (/ l Mr. Roger Doak Solid Waste Section Colorado Department of Health 4300 S. Cherry Creek Drive Denver, CO 80222-1530 RE: Northern Colorado Brine, Pond 4 Dear Mr. Doak: In order to complete the necessary filing of information, Northern Colorado Brine (NCB) submits the following supplement and amendment to the Design and Operation (D & O) Plan prepared by Norton Underwood, and Lamb, and submitted to Weld County and the Colorado Department of Health by Arvin Martinson in October 1983. The October 1983 Application states on page 3 that "...total pond depth will be five feet." Northern Colorado Brine hereby amends the Design and Operation Plan to reflect that the total depth of Pond 4 will be thirteen feet in accordance with decisions of the various agencies at the time of construction of Pond 4. On November 9, 1992, the Board of Commissioners of Weld County granted permission to Northern Colorado Brine to construct a new pond (Pond 4). Construction of Pond 4 was not considered to be a major change to USR-540 and no amendment to USR-540 was required. John Pickle, Weld County Health Department, and Chuck Cunliffe, Weld County Planning Department were both present at the November 9, 1992 meeting. On November 10, 1993, Nelson Engineers, consultant to NCB, presented plans for Pond 4 to Chuck Cunliffe, Weld County Planning. Mr. Cunliffe reviewed the plans and the necessary grading permit was issued to NCB, for the construction of Pond 4. The plans submitted by Nelson Engineers on behalf of NCB clearly showed the depth of the pond and the intended depth of brine water. c\:\ 940056 = s •__SCN = GLNEERS PAGE 03 Page Two The construction of Pond 4 was inspected by Trevor Jiricek, weld County Health Department and/or Roger Doak, Colorado Department of Health, Solid Waste Section, on December 1, 1992, December 22, 1992, and January 7, 1993. The depth of the pond was not questioned at any of these inspections. A letter from Roger Doak, CDH to Mike Cervi, NCB, dated January 11, 1993 states that on January 7, 1993 , Nelson Engineers was notified that Pond 4 had met the requirements of the D & O plan for the facility. Pond 4 has been in use at Northern Colorado Brine since January 14, 1993. Pond 4 was designed and is operated to contain a maximum of 10' 6" depth of brine. Thirty inches of freeboard is maintained at all times. An aeration/misting system has been installed as required. Northern Colorado Brine hereby amends the Design and Operation Plan for the facility to provide that Pond 4 shall be thirteen feet deep, allowing for a maximum of 10' 6" depth of brine, and 2' 6" freeboard, to be maintained at all times. Pond 4 will be operated in accordance with the D & O plan as hereby amended. Please call if I may be of further assistance in this matter. Respectfully, NELSON ENGINEERS ,s084/ 444___- LaVern C. Nelson, P.E. cc: Mike Cervi, NCB Trevor Jiricek, WCHD Keith Shuett, WCPD r %\ 940056 ass EASTERN PLAINS ENVIRONMENTAL SERVICE PATTY DEPLAZES Bus. (303) 454-3452 P.O. Box 142 Home (303) 897-2439 Pierce, Co 80650 March 30, 1993 EXHIBIT Mr. Roger Doak, Geologist Solid Waste Section, HMWMD • Colorado Department of Health 4300 Cherry Creek Drive South Denver, CO 80222-1530 Dear Mr. Doak RE: CERTIFIED LETTER # P860418511 MIKE CERVI, NORTHERN COLORADO BRINE, POND E On behalf of Northern Colorado Brine, please consider the following response to Certified Letter #P860418511 dated 03/2.5/93 and addressed to Mike Cervi, Northern Colorado Brine. Northern Colorado Brine believed that the construction of Pond E had been fully reviewed and approved by the regulatory agencies involved. The drawings submitted by Nelson Engineers prior to construction of Pond E (Pond 4) clearly indicate the depth of Pond E. The gauge rod detailed on those drawings is clearly marked from one (1) foot (GR1) to 13 feet (GR 13). Elevations of the floor and berm of Pond E are clearly marked. Submittal of these detailed drawings was considered by Northern Colorado Brine to be clear and complete notification to Weld County that the depth of brine in Pond E was intended to exceed 30' depth. Pond E volume calculations to a depth of 10' were submitted to Weld County Health Department and Colorado Department of Health by Nelson Engineers. Pond E was designed and constructed to contain maximum depth of brine while still providing the required 30' of freeboard. The actual depth of brine will vary depending on weather conditions, evaporation rates, drilling activity, etc. At least thirty inches (30') of freeboard will be maintained at all times. In addition, Pond E was monitored and visually inspected during construction.by Weld County Health Department and Colorado Department of Health personnel. The depth of Pond E was not questioned either verbally or in writing and the pond was approved by WCHD and CDH. Mr. Nelson of Nelson Engineers was notified that Pond #4 ( Pond E) had met the requirements of the D & O plan for the facility. • (1- 940056 1 The fact that building permits were issued and the design submitted for Pond E was not questioned by Weld County Health Department, Weld County Planning Department or Colorado Department of Health was considered by NCB to be approvat.of the submitted design by those agencies. The regulatory agencies involved did not ask for an amendment to the D & O prior to or during the construction of Pond E. However, if there was a misunderstanding between Northern Colorado Brine and the regulatory agencies involved in the construction of Pond E, Northern Colorado Brine is willing to work with those agencies in order to come to a timely and agreeable solution to this matter. Please advise me at your earliest convenience what process and procedures you suggest be followed to satisfy this question. I may be reached at 454-3452 or 897-2439. Please call if I may be of further assistance in this matter. Sincerely Patty Deplazes cc Weld County Board of Commissioners Mike Cervi, Northern Colorado Brine Trevor Jericek, Weld County Health Department Keith Schuett, Weld County Planning Department NELSON ENGINEERS 2 '` / yC. LL /7177-1,1_(- , 822 7TH STREET GREELEV,COLORADO 80631 (303) 356-6362 % - January 15, 1993 Weld County Inspection Department Project 222 1400 North 17th Avenue Greeley, CO 80631 RE: Permit No. 40207 , Owner Mike Cervi, Location Weld County Road 54 , E-Vap Park To Whom It May Concern: This is to notify the Inspection Department that the construction work authorized by Building Permit No. 40207 has been completed as of January 15, 1993 . Authorization to use the facility has been provided to the owner by the Weld County Health Department. If you have any questions or comments please contact me at this office. The number is 356-6362. Respectfully, NELSON ENGINEERS LaVern C. Nelson, P.E. LCN:pa a'I 940056 =AaceL NUMB e" .,-,e ms' 4000E t 4425 NUMBER . TELEPHONE 356-4000 EXT. 4425 C H NE NO. PROPERTY .Ply_ _ ... //�/n/ Al. 1 t' 1,1.?r IG.-� I •1 OWNER I,.,I_.I't�h'.1. NIKE ((( N O I1 live .... MAILING ADDl: 1 /1) NELSON ENGINEERS 7TH STREETRECEIVED NOV 1 9 1992 822 GRE::EL...E Y, CO 50631 CONTRACTOR - GENE:RIAL.. PHONE NO.. I-IOWf_I.. CONSTRUCTION 30:3 PL.I.IITIE:i:NG CONTRACTOR HEATING CONTRACTOR LICENSE NO. ZONE NONE ELECTRICAL CONTRACTOR NONE. ADDRESS OR DIRECTION TO JOB SITE FLOODPLAIN YES 0 NO p.., SEE LEGAL WCR 54 E - VAP PARK SUBDIVISION LOT BLOCK CENSUS TRACT NING DISTRICT -- - L roc{<<_...._____..._. - . LEGAL DESCRIPTION ING APPROVAL • SECTION T N R W DATE BY N2 NW4 ._.- 05, .LL/17_/42 )06:6-1 DISTANCE FROM LOT LINES N S E W 00000 00000 00000 00000 REOUIRED ZONING SETBACKS N 9,51 it S 4.5, 1 ft E C(.5.a /f] W Q5.0... 0. CHECK WITH THE BUILDING INSPECTION DEPARTMENT FOP REOUIRED BUILDING CODE SETBACKS TYPE OF IMPROVEMENT GRADING OWNERSHIP PRIVATE OWNER PROPOSED USE-RESIDENTIAL VALUE S FEE S FEE S MOBILE HOME GRADING 4CTRICAL JOB o 200 99.00 PLAN CHECK .00 NSTRUCTION METER -00 INVEST FEE ' .00 .00 .00 ..00 OTHER .00 RECEIPT NO. .. ,� , TOTAL c C 3'1>.�`..: 6 11:12/92 99.0.J DESCRIPTION OF PROPOSED USE NI SC.. WILL. BE EXC::AVATINC, AND GRADING TO CONSTRUCT THE FOURTH E VAPERATION POND. APPROXIMATLY 60000 CUBIC YARDS,. WILL ALSO BE PUTTING IN AERATION SYSTEM. ALL PERMITS MUST BE FINALED. CALL FOR REQUIRED INSPECTIONS. Call 356-8016 inside Greeley calling area ors 1-800-234.2534 outside the Greeley calling area. PRINCIPAL CONSTRUCTION PRINCIPAL HEATING FVEL TYPE OF SEWAGE DISPOSAL SEPTIC PERMIT SEPTIC PERMIT TYPE OF WATER SUPPLY WELL PERMIT TYPE ISSUED NUMBER TYPE NAME NUMBER FOUNDATION NUMBER OF STORIES BUILDING HEIGHT 000 — 0000c RESIDENTIAL USE ONLY PLOT PLAN ON FILE BLUE PRINT ON FILE NUMBER OF BEDROOMS 'JMBER OF BATHROOMS ACCESS ACRES FULL 3/4 II? ! I" 1 .�' APPLICATION DATE i HAVE READ THE NOTICE ON THE REVERSE SIDE 3�\GNATURE OF APPLICANT BEFORE MAKING THIS APPLICATION. 'I I NI hI ca 11I ! /� h\ IV/ E / "ZEN W AROVAL DATE vl p IL LVI�k�./1— /g—902 ! TR^-q�l '7'q. I III'./7-.I:.1.f�.1.L1i G? 1�n: 77Q P- h ,,(1 I. APPLICANTNVMITE 2. INSPECTOR'S/GOLOENROO B.ASSESSOR/VELLOW 9400.46 f I eThWD 4- Cot.)situ(Pal . ( NELSON ENGINEERS 822 7TH STREET GREELEY, COLORADO 80631 (303) 356-6362 EXHIBIT January 15, 1993 Mr. Mike Cervi P.O. Box 30097 Denver, CO 80203 Weld County Health Department Attn. : Trevor Jiricek 1517 16th Avenue Court Greeley, CO 80631 Colorado Department of Health Attn. : Roger Doak 4300 Cherry Creek Drive, South Denver, CO 80222 RE: Northern Colorado Brine - Road 54 E-Vap Park Completion of Construction of Pond #4 Dear Sirs: On November 9, 1992, Mr. Mike Cervi- Mr. Ken Lind, and Vern Nelson met with the Weld County Commissioners to discuss certain activities at the Northern Colorado Brine location, the subject of this letter. A discussion was held regarding the odor problems emanating from that facility and more importantly a discussion was held regarding methods of alleviation of the odor problem. All parties in the meeting agreed that there is an urgent need to not only solve this problem, but also an urgent need for a disposal facility to accommodate the existing local oil and gas industry. Apparently most of the disposal sites seem to be overloaded and are in need of expansion. The decision of the Board of Commissioners at that meeting was to issue a building permit for the development of a new pond at Northern Colorado Brine. This new pond, denoted Pond Number Four, was to be constructed as an important step toward helping to alleviate some of the odor problems. As a result of the commissioners action, a building permit was issued by the Weld County Inspection Department and construction was started on the new pond in earnest on November 16 , 1992. Construction continued through January 6, 1993 with Nelson Engineers providing general construction observation and Empire Laboratories , Inc. providing testing for compaction , confirming 1).0 \ 94'06 PAGE 2 OF 3 materials capability for liner, and permeability testing. Earthwork was completled on or about December 12, and both the Weld County Health Department and the Hazardous Materials and Waste Management Division of the Colorado Department of Health were notified of that earthwork completion. Preparations were made to install connecting piping to begin discharge of brine into Pond Number Four. On December 11 , Mr. Mike Cervi was notified that piping construction was not included in the approved design and operation plan, and such construction would require an amendment to the original application. That application would require approval of both the Division and Weld County. The amendment information, including the piping details, was submitted on December 15, 1992 and approved on December 28, 1992 . The approved piping was installed on December 29 with necessary compaction testing being accomplished. As reviews continued by the Division, additional permeability testing was required to comply with the original filed 1983 Design and Operation plan. The testing was completed on January 7, 1993 with the results meeting specifications of the 1983 plan. The permeability rates of tested acceptable fill and liner material was less than .03 feet per year. On January 7, 1993 , upon inspection by Weld County and authority from the State Health Department, water was allowed to flow into Pond Number Four through the new piping system. The valve was left full open all night and resulted in the development of some erosive channels in the bottom of Pond Number Four. Upon inspection on Friday morning, the valve was immediately closed to avoid any further erosion of the pond bottom. Clayey material from the on-site sources was imported into the pond area, spread in layers in the eroded areas, and compacted to a minimum of 95% of maximum dry density. In addition, a permeability evaluation of the clayey material was completed. Temporary discharge piping was installed to eliminate further erosion in the pond liner. As the pond is filled, the temporary piping will be removed. The corrective work was started by late morning on Friday and finished the following Monday. Upon a favorable permeability test result on the imported clayey material of 0. 021 feet per year on January 14, 1993, permission was granted to fill the pond. Brine water is being discharged at a slow rate into Pond Number Four as of January 14, 1993 . Filling will continue as brine water is delivered to the site. \\,{ 9400tt5 PAGE 3 OF 3 This submittal includes the following pertinent information derived during the construction of Pond Number Four: 1 . Results of 99 field density tests on the dike and pond bottom taken during construction and dated November 16, 1992 to December 12, 1992 as accomplished by Empire Laboratories, Inc. , along with a test location map. 2. A map showing the proposed installation of connecting piping between Ponds 1 , 2 and 4 at Northern Colorado Brine. 3 . Results of six field density tests on the connecting pipe backfill taken on December 29, 1992 by Empire Laboratories, Inc. 4 . Results of ten Atterberg limit tests of the pond bottom taken December 8 , and December 10, 1992 by Empire Laboratories , Inc. 5 . Results of four permeability tests of the dike fill material and the pond bottom material taken during construction by Empire Laboratories, Inc. 6 . Results of six field density tests on erosion backfill in pond taken on January 9 and January 11, 1993 by Empire Laboratories, Inc. 7. Volume and surface area tabulation for Pond Number Four at Northern Colorado Brine. Volume is given in cubic feet, gallons, and barrels as those relate to the tabulated gage rod readings. 8 . A drawing showing the as-constructed facility including location of discharge system, piping, finished elevations and gage rod . The foregoing narrative with the accompanying items one through seven identified above provides documentation and record information regarding the subject construction. If there are questions , please contact my office at 356-6362. Respectfully, NELSON ENGINEERS LaVern C. Nelson, P.E. LCN:pa Attachments p �+ Y\-' .c( 910055 ✓l. Empire Laboratories, Inc. CORPORATE OFFICE P.O.Box 503 a 301 Na Howie GEOTECHNICAL ENGINEERING 6 MATERIALS TESTING Fort Collins,Colorado 80522 (3031484-0359 FAX No.(303)484-0454 January 14 , 1993 Mr. Mike Cervi c/o Nelson Engineers 520 Greeley National Plaza Greeley, Colorado 80631 Re: Brine Water Evaporation Park - Pond #4 N. of Milliken, Colorado ELI Project No. 4966 Dear Mr. Cervi, Please find enclosed the results of the remolded permeability and Atterberg Limits and minus 200 wash analysis performed on the material sampled at the above- referenced project. The material was obtained from the borrow area at the southwest corner of the property and displayed a permeability rate of . 021 foot per year. Liquid Limit 31 Plastic Limit 19 Plasticity Index 12 % Passing /200 Sieve 80. 2 If you have any questions, please call us at your convenience. Very truly yours, ;i• cLP ,O RE�ff,, EMPIRE LABORATORIES, INC. `�: p-,. GI A S , .......,rte: o m'4. : O: `. 26084 • 0: E oug as1%6/be, P. E. ,.- '',,•..,,Branch ,,FJ, •,...,,,••• .•..:•.`M Sj Colorado Registration No. 26084 kjm cc: Nelson Engineers - Mr. Art Uhrich enclosure Br�h O1BOM �a a' P.O.Box 16859 PO.Box 1135 P.O.eo.:1744 P.O.Boa 5859 \I 1� Colorado Swings.CO 80935 Longmont.CO 80502 Groelev.CO 80832 gsyenna'M1'82003 W /;./ (719)587.2118 (303)77&3921 (303)3560480 (Eel). 307)832.9224 /'/ Herter 01 Conaullrg Engineer.Cwrtdl /_ rte I1 r 9400x 6 1 FALLING HEAD PERMEABILITY Project: Brine Water Evaporation Park - Pond #4 sample ID: Curve No. 8 Location: Import from stockpile Density: 102.6 PCF Compaction: 97.6 % ASTM D 698-78, Method "A" Coefficient of Permeability: K = 0.015 x 10-6 cm/sec = 0.021 ft/year 0 L v .40 T — 4- Y - ,; .30 Y b N E L N .20 4- 4-3 C N V 4- v . 10 0 V p` V 20 40 60 80 Time (hours) -2- 94 00"Y, s .raj yl 'h:.:4 9< IL: ` = --- -- ?AGE 02 net. , 1992 Fond N.1 \-''c1Ume TahU126ion or^do Prine 1r.. Nor thorn 54,I.Weld County. Ca. Cci. Fd. ,.Bd Volumes parrot ACCumUla . J r. 6dllon thousand,: -i�>1ume 1 - 6 Hrr'� pillions U 61 -t' Rod c'_:rrath%dm tnou9and .207.718�. ^, 17 ,.F '.'� milli?. .:_5 0.00 500. 12 i 209. 46 :11. 8 4_ (1. 1 ''211..21 0. 14 ^?,64 ',. .50 ?1:.96 X39.,0 4. 15 214.71 i.09 if..:�0 +_.45. 16 2. 67 5 216. 16 21 �6. 4< _..76 0.3.Q "19 367.69 2.84 0.35 219. 96 576.94 3 9?. 0.60 2?1.71 590.20 2.7.5,46 01 0.50 225.21 411.46 11 0.50 226.96 412.72 '. 1s 0 . 0.5n 423.98 3.26 0.65 238. 435.24 >J 0. 7 230.46 1 446.50 4l 0.70 91 457.76 3 96 3.5? 0.75 ='' 469.02. 0.85 235,71 3.60 237. 4d'). 28 3.69 0.85 491.54 0.95 239.21 0 5rj2.80 3.77 n1 .8 1. 00 240. 69 14.06 3.86 2 1.00 2242.94 .95 1 .03 243.94 526.82 539.58 4, i j5 1 . 10 '_46. 19 1 . 13 246. .'x. 14 /14 �J.:.J4' 1 .2e) 247.69 565. 10 4. 24 1.in 248.94 577.86 4.3= 1 .30 250. 14 590.61 4. 43 1 .35 e51. 44 403.57 4. 5- 1.40 252. 69 616, 17 4. 62 1.45 25394 6":8.89 4. 72 1 . 30 256. 19 441 .65 1.81 1 .553 256.44 654. 41 4-91 1 . 60 �7. 6Y 667. 17 3.X 10 i .e.; 258, 94 679. 93 5. 1.fj 1 . 70 260. 19 692.69 3. 10 1 . 80 _'61.44 105. 45 5.'.C`i 1 . B0 262. 69 730. 20 1`i. '9 1 . 90 263.94 730. 96 5.48 1 .90 26.7. 19 743. 72 . 58 1 .95 266. 44 76. 40 `i. 67 • j 26/. 66 766. 24 = 7 2. 1O 269. 8 . 7 1.?7. _... 783. 71 S.P.fl 10 274. 00 790. 1c u . Iv 274. 1 ) 5 5. 9 17.6.5 6.99 - '!' 276.34 r,27. 12 6. —. :?3 1/8. 51 gal. 6. c1 2eo. os .356. . _Pi. ^J . .. 6. 4' B7i i. h. .2 i1 ' I 91'_-0055 14r. 34/1?S.3 :2. 5_' ___ .L- L_ =_n_f+ _w_Nc_PS PAGE ?3 2. 40 285. 02 834. 99 6. 64 4 2. 45 28:. 19 ?99. 46 6. 75 2. 50 289. 36 U1-. 39 6. 95 291 . 53 928. 40 6. 96 2. 607. 07 _. 60 293. 70 942. 97 2. 65 295. 87 957.':4 7. 18 2. 70 298. 04 971 . 81 7. 29 2. 75 300. 21 956. 28 7. 40 2.80 502. :8 1000. 75 .2. 7. 51 95 :04. 55 1015. 21 7. 61 2. 90 306. 72 1029. 62 7. 72 2.95 308. 89 1044. 15 7. 83 7. i�iJ 311 . 11 1058. 62 7. 94 189. 04 3. 05 311 . 46 1074. 35 8.06 3. 10 311 . 81 1090. 08 8. 18 1105. 81 8. 29 7. 15 312. 16 8. 41 3. 20 512. 51 1121 . 54 c 312. 86 1137. 27 8. .53 1• r5 - , 5 115.,:. 00 6. 65 t) 313. 21 3. 35 313. 56 1168. 7- 8. 77 3. 40 315. 91 1184. 46 8. 88 5. 45 314. 26 1200. 19 9.00 2 3. 50 314. 61 1215. 92 9. 24 1 3. 55 314. 96 1:31 . 653. 60 515. 31 1247. 38 9. 36 3. 65 ._15. 66 1263. 11 9. 59 3. 70 316. 01 1278. 84 75 316. 3,6 1:94. 57 9.71 3.80 316. 71 1310. 30 9. 83 317. 06 1:26. 03 9. 95 3. 8510.06 3. 90 317. 41 1_,41 . 76 -_*„ 95 317. 76 1557. 49 10. 19 ^� 10. 30 245. 22 4. 00 518.09 1_3.73, 22 319. 03 1389. 59 10. 42 4. 0510.54 4. 10 519. 97 1405. 97 10.67 4. 15 320. 91 1422.34 4.20 321.85 1438. 71 10. 79 4. 25 _12. 79 1455. 09 10. 91 4. 30 323. 73 1471 . 46 11 . 14 324. 671487. 83 11 . 16 4. 35 4. 40 325. 61 1504. 20 11. 28 2 1520.58 11 . 40 a. 4 3 h. .. 4.50 327. 49 1536. 95 11 . 55 4. 65 328. 41 1553. 11 . 65 4. 60 329. 37 156'7. 70 11 . 77 4. 65 330. 31 186. 07 11 . 90 4. 70 331 . 25 1602. 44 12.02 4. 75 332. 19 1618. 02 12. 14 4. 80 =3_ . 13 1635. 19 11. 16 4. 85 0'4. 07 1651 . 56 12. 39 r 335. 01 1667. 9: 12. 31 4. 90 12. 63 4. 95 375. 95 1684. 31 F iJ.':.. 69 `, 00 _76. 61 1700. 68 1.. 7.. 337. 66 1717. 95 12. 88 5. V5 17.75. 22 13. 01 -yB. s1 r�\ 5. 1C 33.9. 7.6 1752. 48 15. 14 ei ` ' 9404 a ?El,, 4/1.35 , - -" - _- --5-` _`.3 `-E S PAGE 54 5. 20 340. 21 1769. 75 13. 27 341 . 06 1787. 02 17. 40 5. 30 741 . 91 1804. 29 1.;. 53 5. 35 342. 76 1821 . 56 13. 66 5. 40 347. 61 18"' a'2 13. 79 5. 45 744. 46 1856. 09 13. 92 5. 50 345. 31 127_. 36 14. 05 5. 53 346. 16 1890. 6' 14. 19 5. 60 347. 01 1907. 90 . 14. 31 5. 65 347. 86 1925. 16 14. 44 5. 70 749. 71 1942. 47 14. 57 5. 75 349. 56 1959. 70 14. 70 5. 80 350. 41 1976. 97 14. 83 5. 85 751 . 26 1994. 24 14. 96 5. 90 352. 11 2011 . 50 15. 09 5. 95 352. 96 2029. 77 15. 22 6. 00 353. 91 2046. 04 15. 35 365. 36 6. 05 354. 64 2064. 10 15. 48 6. 10 355.37 2082. 17 15. 62 - 6. 15 356. 10 2100. 23 15. 75 6. 20 756. 93 2119. 29 15. 89 6. 25 357. 56 2176. 36 16. 02 6. 30 358. 29 2154. 42 16. 16 6. 35 ;59. 02 2172. 48 16. 29 6. 40 359. 75 2190. 54 16. 43 6. 45 360. 48 2208. 61 16. 56 6. 50 361 . 21 2226. 67 16. 70 6. 55 361 . 94 2244. 73 16. 84 6. 60 362. 67 2262. 60 16. 97 6. 65 363. 40 2280. 86 17. 11 6. 70 364. 13 2298. 92 17. 24 6. 75 764. 86 2316. 99 17. 38 6. 80 365. 59 2335. 05 17. 51 6.85 366. 32 235.7. 11 17. 65 6. 90 367. 05 2371 . 17 17. 78 6. 95 367. 78 2789. 24 17. 92 7. 00 368. 61 2407. _0 16. 05 429. 97 7. 05 369. 59 2426. 21 18.20 7. 10 370. 55 244'5. 1.3 18. 34 7. 15 371 . 52 2464. 04 18.48 7. 20 ;72. 49 2482. 96 18. 62 7. 23 373. 46 2501 . 87 18. 76 7. 30 .74. 43 2520. 78 18. 91 7. 35 7775. 40 2539. 70 19. 05 ! . 40 376. 37 2559. 61 19. 19 7. 43 377. 34 2577. 57 19. 33 7. 50 378. 31 2596. 44 19. 47 7. 55 779. 28 2615. 35 19. 62 7. 66 380. 25 264. 27 19. 76 7. 65 381 . 22 2633. 18 19. 90 7. 70 =22. 19 2672. 10 20. 04 7. 75 383. 16 2491 . 01 20. 18 7. 30 334. 13 2709. 92 20. 32 7. 95 65. 10 2726. 84 20. 47 7. 90 r 6. 07 '747. 75 20. 61 in \ AC 7. 95 -n,7, 04 .:766, c 7 2n. 7J 940058 O, 6%24/1993 12: 59 56- 4G6 'NELSON ENGINEERS PAGE 95 • a, 0c 397. 94 2725. 58 20. 89 497. 42 8. 05 588. 06 ?905. 04 21 . 04 8. 10 355. 18 _E24. 50 21 . 18 8. 15 388. 30 2947. 16 21 . 33 8. 20 388. 42 2867. 42 21 . 48 8. 25 388. 54 2882. 88 21 . 62 8. 30 388. 66 2902. 33 21 . 77 8. 35 388. 78 2921 . 79 21 .91 8. 40 388. 90 2941 . 25 • 22. 06 5. 45 389. 02 2960. 71 22.21 8. 50 389. 14 2980. 17 22. 35 8. 55 359. 26 . 2999. 63 22. 50 8. 60 389. 38 3019. 09 ..2. 64 8. 65 389. 50 7038. 35 22. 79 8. 70 399. 62 3058. 00 22. 94 8. 75 389. 74 3077. 47 . 27. 08 8. 80 =89. 86 3096. 92 23. 23 8. 85 .389. 98 3116. 38 23. 37 6. 90 790. 10 3135. 84 23. 52 8. 95 390.22 3155. 30 23. 66 9. 00 390. 43 3174. 76 23. 81 566. 92 9. 05 391 . 54 3194. 84 23. 96 9. 10 392. 65 3214. 91 24. 11 9. 15 39 . 76 '234. 99 24.26 9. 20 394. 87 3255. 07 24. 41 9. 25 395. 98 7275. 15 24.56 9. 30 397. 09 3295. 22 24. 71 9.35 398. 20 3315. 30 24. 66 9. 40 , 799.31 3335. 38 25. 02 9. 45 400. 42 3355. 45 25. 17 9. 50 401 . 53 3375. 5_ 25. 32 9. 55 402. 64 3395. 61 25. 47 9. 60 403. 75 3415. 68 25.62 9. 65 404. 86 3435. 76 25. 77 9. 70 405. 97 3455. 84 25. 92 9, 75 407. 08 3475. 92 26.07 9. 80 408. 19 :495. 99 26. 22 9. 65 409. 30 5516. 07 26. 37 9. 90 410. 41 .3576. 15 26. 52 9. 95 411 . 52 3556. 22 26. 67 10. 00 412. 65 357.. 30 26. 82 638. 62 r).1,t'Cc 940036 aik(1/44r MEMORAf1DUfn EliDeFile Jatuta�/ 11, 1993 To Due fr COLORADO Trevor Jiricek, E.P.S. From Northern Colorado Brine Subject: I conducted two visual inspections of the newly installed evaporation pond at Northern Colorado Brine December 22, 1992 and again January 7, 1993. After reviewing all pertinent documents, etc. verbal permission was given by the Hazardous Materials and Solid Waste Division of the Colorado Department of Health on January 7, 1993 and this Division to begin use of the pond. However, on January 8, 1993, I conducted a visual inspection to observe the progress of filling the new pond and observed severe erosion in the new pond due to filling practices. Three obvious channels had eroded beginning at the eastern end of the rip-rap and running approx 350' in length and 5' to 20' wide. These channels had eroded from 6-24" of liner material away. This was documented on this day by 12-15 photographs. I discussed the current situation with the pond engineer, Vern Nelson, Mr. Nelson stated that a letter outlining the erosion and reparation of the liner would be forthcoming. I requested that compaction and permeability testing be completed on the repaired liner then forwarded to this Division as well as the Colorado Department of Health. /f_'J 2;.J ="-1 �'U). F / ' K' 94001 IJ ✓ or 7 T. STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH Dedicated to protecting and improvingg the health and t-77: '-1 environment of the people of Colorado C 4300 Cherry Creek Or.S. Laboratory Building Ri.. C i `.i' 1 Denver,Colorado 80222.1530 4210 E.11th Avenue �q;q-;; . •; r; •l3{'.PI Phone 0031 692.2000 Denver,Colorado 80220-3716 (3031691-4700 RP/en January 11, 1993 'S r .- r/ 9-5 Coca stioa A.noon.MD.MPH l,n•t9 1.......:4:1411 ,w. •V f;Sii=1! nr�r" Was Oieeor Mike Cervi �.. s _ .:t t t., i _ t. P.O. Box 300397 Denver, Colorado 80203 RE: Northern Colorado Brine Disposal lega Amendment to the Design and Operation Plan J Weld County, Colorado "1 Dear Mr. Cervi: This letter is intended to summarize the events which occurred during the period from December 10, 1992 thru January 7, 1993. The following events relate to activities at the Northern Colorado Brine Disposal (NCBD), Weld County. December 10 Weld County Health Department notified the Hazardous Materials and Waste Management Division of the Colorado Department of Health (the Division) that NCBD was planning on connecting the three existing impoundments with the newly constructed impoundment (pond #4) via subsurface piping. December 11 Mike Cervi, owner and operator of NCBD was notified, by the Division, that the piping construction was not included in the site's approved design and operation (D&O) plan, and would constitute an amendment to the original application. The Division and Weld County must approve any change in the D&O plan. Mr. Cervi faxed a map with information on the piping plan and compaction test for pond #4. December 21 The Division reviewed the submitted information from December 11th. The information provided was not adequate to complete the review. The Division faxed its concerns to Vern Nelson, consultant for Mr. Cervi. December 22 Mr. Nelson faxed response to the Division's questions concerning the piping plan. n, 940035 Mike Cervi Northern Colorado Brine Disposal January 11, 1993 Page 2/3 December 28 The information sent by Mr. Nelson on Dec 22nd was reviewed by the Division, all concerns were adequately addressed. December 30 A verbal approval was given to Mr. Cervi for construction of the piping. December 31 The Division completed its review of the permeability and compaction tests submitted for pond # 4. Two permeability test were taken. One test failed to meet the specifications detailed in the D & O plan. Mr. Cervi and Mr. Nelson were notified that an additional permeability test must be preformed for the liner material and that the sample should be taken from the area were the test had failed. January 7 The result of the permeability test was faxed to the Division. The data was reviewed, the test met the specifications detailed in the D&O plan. Mr. Nelson was notified that pond #4 had met the requirements of the D&O plan for the facility. The Division requests additional information concerning the rip rap and filter material used for the inlet pipe, pond #4. 1. Identify specifications of the rip rap and filter material. 2. Provide dimensions (thickness and aerial extent) of the filter and rip rap material. The Division requests that all data and information regarding the piping plan and construction of pond #4 be placed in a comprehensive document and submitted to the Division within thirty (30) days of receipt of this letter. The Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. as amended gives authority to the Colorado Department of Health to charge a review fee for amendments to an original application, which would include the design and operation plan. The current fee is $72.47 per hour. 9400.3$ • Mike Cervi Northern Colorado Brine Disposal January 11, 1993 Page 3/3 These conclude the Division's comments concerning the piping plan and construction of pond #4, Northern Colorado Brine DisposaL If you have any questions please contact me at (303) 692-3437. Sincerely, cix Roger Doak Geologist Solid Waste Section Hazardous Materials and Waste Management Division cc: '4. Pickle, Weld County Health V. Nelson, Nelson Engineering File: SW/WLD/NOR 2) • 9100:6' Empire Laboratories, Inc. CORPORATE OFFICE PO.Boa 503.301 No.Howes GEOTECHNICAL ENGINEERING&MATERIALS TESTING Fort Col$nL Cowie.)$0677 13031 484-0359 FAX No 0031 4840454 January 11, 1993 Mr. Mike Cervi 1111:11:1IIIII c/o Nelson Engineers 520 Greeley National Plaza. Greeley, Colorado 80631 Re: Brine Water Evaporation Park N. of Milliken, Colorado • ELI Project No. 4966 Gentlemen: Please find enclosed field density test results obtained from backfill material being placed at the above-referenced project. The field density test results, obtained with a nuclear moisture density gauge in accordance with ASTM procedures, are included on page 2 . The moisture density relationship data, prepared in the laboratory in accordance with ASTM D 698-78 Method "A" , are included on page 3 . Very truly yours, a`` 0O1.RE"TF4 EMPIRE LABORATORIES, INC. c` �P ,,,„,..,..,,,� ' a aR`-1 r*o J^D� 26084 `-' ougl�ls J J , P. E. Branch M r ..,.,.. i/OColorado Registration No. 26084 '•.,, IlLIt ' ,, kjm cc: Nelson Engineers - Mr. Art Uhrich enclosures *00 R q IO Branch OMkes VT; P.O.Bo.18859 P.O.Box 1135 PO.Box 1741 P.O.Box 5859 heyenne,WY 82003 Colorado Springs CO 80935 Longmont.COCO80502 Greeley,CO 80832 n41,, %= O1915974118 1303177&3921 13031351 W80 13071832.9224 \e / Member of Consulting Engineers Council 1 9/100+rg cp I on oQ Cl) - z > co 00 00 o co o0 1.. z - i r 3...{ lz . y c o o c c c g4 FN , S to In In In U1 LO B•, E o O C+ O► O o, E - W IL • C) u O t"•1 CO of O Co p te 21 Q. N. .-a LO N. N. N. ` z Z 3 CO O+ 01 01 Ot 01 w sz c..) r �J Q 2 . O N. ct O• 00 F-i C r-f to •.� N ,.4N w z `n. a, O• O O O O O C .••r r-. r-. .-- A CL Q • ct o e I,,; cn CO CO O N O) CL . Z O - Q Is) C0 O Ot O W u a. O O — N •--4 N w= 7 3 .--. .--. .--) .... .--. .--. r.-. U w UL QIL. ott O Cn Q a M O N C O to O CC .-It• GM Z . O LO N. N. r-... 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X $ M M M M 117!k C C a b G g Obi ra r-e .--. rr V/ 0 v .--r _. -,-. ... -.-. ,-. of y E v •� 8 ' •::: to r` Co ' o - M F Z° O 0 0 0 .-3 -3 !t '3r 4t -2- 11 MOISTURE DENSITY CURVE LOCATION OF SAMPLE:_ Brine Water Evaporation Park Import from borrow area for use as gully erosion backfill . TEST PROCEDURE:— ASTM D 698-78, Method "A" MAXIMUM DRY DENSITY: 105. 1 PCF OPTIMUM MOISTURE: 18.0 % CURVE NO. 8 110 105 tri %Ns so co H / z \`T W or 100 0 o 95 15.0 17 .0 19.0 21.0 PER CENT MOISTURE -3- in In EMPIRE LABORATORIES, INC. 9 0kLie • Empire Laboratories, Inc. CORPORATE OFFICE P.O.Box 503 • 301 No.Howes GEOTECHNICAL ENGINEERING &MATERIALS TESTING Pori Collins.Colorado 80522 1303)4840359 FAX No.13031 484.0454 • January 7 , 1993 II Mr. Mike Cervi M1M1 c/o Nelson Engineers 520 Greeley National Plaza Greeley, Colorado 80631 Re: Brine Water Evaporation Park - Pond #4 N. of Milliken, Colorado • ELI Project No. 4966 • Dear Mr. Cervi, Please find enclosed the results of the remolded permeability, standard proctor, and Atterberg Limits and minus 200 wash analysis performed on the material sampled at the above-referenced project. The material was obtained from the pond liner at the southeast corner, and represents a retest of Curve No. 5, since this area was reworked and reblended with substantially more clay. If you have any questions, please call us at your convenience. Very truly yours, ,, Mt,,',cN,,, R +��aQP�OnsEG/JlF,,; EMPIRE LABORATORIES, INC. = p �J� ,% 9 ; i F ; Ojp C_. i 6,1-00‘,L6 `: 26084 Douglas Jobe, P. E. % " ; Branch Manager N Colorado Registration No. 26084 ' ••• kjm cc: Nelson Engineers - Mr. Art Uhrich enclosures °OR47 09 Branco Offices a M Pa Box 18859 P.O.Box 1135 P.O.Box 1744 P.O.Box 5859 Colorado Sprin9e.CO 80935 Longmont.CO 80502 Greeley,C080832 Cheyenne.WY 82003 ;' 019)597-2118 1303177153921 (303)351-0480 / (30718329224 \d f Member of Consulting Engineers Council 940055 MOISTURE DENSITY CURVE LOCATION OF SAMPLE:_ Brine Water Evaporation Park - Pond #4 SE corner of pond, retest of curve #5 TEST PROCEDURE:— ASTM D 698-78, Method "A" MAXIMUM DRY DENSITY: 111.3 PCF OPTIMUM MOISTURE: 15.4 % CURVE NO. 7 IL 115 0 I ' O 110 O 0 0 Jo 105 13.0 15.0 17 .0 19.0 PER CENT MOISTURE Liquid Limit 31 Plastic Limit 18 Plasticity Index 13 % Passing #200 Sieve 69.7 -2- EMPIRE LABORATORIES, INC. 34O0►5S ;Q FALLING HEAD PERMEABILITY Project: Brine Water Evaporation Park - Pond #4 Sample ID: Curve No. 7 (Retest of Curve No. 5 after blend) Location: Southeast corner of pond Density: 107.8 PCF Compaction: 96. 9 % ASTM D 698-78, Method "A" Coefficient of Permeability: K = 0.013 x 10-6 cm/sec = 0.017 ft/year ■■�■ ■ ■ . 20 - - _ T- a — — — Y C T -■ - - - - - - - . 15 —- - - - - - - _ _ - L d CIS .05 - - - - — — 15 ' 30 45 60 Time (hours) -3- 940056 3 • Empire Laboratories, Inc. CORPORATE OFFICE P O.Box 503 • 301 No.Howes GEOTECHNICAL ENGINEERING& MATERIALS TESTING Fort Comm.Colorado 80522 1303)484-0359 FAX No(303148A-0454 December 29, 1992 IIIIIIIIIIIIIII Mr. Mike Cervi ...). / c/o Nelson Engineers 520 Greeley National Plaza Greeley, Colorado 80631 Re: Brine Water Evaporation Park - Pond #4 N. of Milliken, Colorado ELI Project No. 4966 Dear Mr. Cervi, Please find enclosed on page 2 the moisture density relationship data for Proctor Curve No. 6, prepared in the laboratory in accordance with ASTM D 698-78 Method "A" , along with the Atterberg Limits and #200 wash sieve analysis test results. Results of the falling-head permeability tests associated with Proctor Curve No. 6 are included on page 3 . As stated in our Report of a Geotechnical Investigation, dated January 3 , 1983 , a desirable permeability rate for construction of the pond is one (1) foot per year. This material displayed a permeability rate of . 11 foot per year. If you have any questions, please call us at your convenience. Very truly yours, puuuminy,,, EMPIRE LABORATORIES, INC. ;?'x 0 REG,,,,,, if, ,, ,JOCJLAS ✓ �o,le• ' 30: `,(^/!��-'�^ _ 26084 : Or oug alp s J o , P. E. : �W Branch Manager '•;F�S�,.,,,,,,,,..,.,.••...G\�`,. Colorado Registration No. 26084 '�,,,Oryg1EN "II ,I 111,1,,,,,',xMx, kjm cc: Nelson Engineers - Mr. Art Uhrich enclosures eoR4ro 'NO, Branch Offices l� \ P.O.Box 16859 P.O.Box 1135 F.O.Box 1744 PO.Box 5659 y I ): Colorado Spring,,CO 80935 Longmont.CO 80502 Greeley,CO 80632 l7teyenne.WY 82003 '41, '2j 1719)597@tt8 130317783921 (303)351-0480 (307)632-9224 �`. fyt7, Member of Consulting Engineers Council 34 00S i MOISTURE DENSITY CURVE LOCATION OF SAMPLE:_ Brine Water Evaporation Park Sta 3+00, 340'S. of centerline of dam TEST PROCEDURE:— ASTM D 698-78, Method "A" MAXIMUM DRY DENSITY: 112.8 PCF OPTIMUM MOISTURE: 15.0 % CURVE NO. 6 120 D 115 N m a O - w ° 110 0 105 10.0 12.0 14.0 16.0 18.0 PER CENT MOISTURE Liquid Limit 24 Plastic Limit 19 Plasticity Index 5 % Passing #200 Sieve 38.2 -2- EMPIRE LABORATORIES, INC. FALLING HEAD PERMEABILITY Project: Brine Water Evaporation Park - Pond #4 Sample ID: Curve No. 6 Location: Sta 3+00, 340'S. of centerline of dam Density: 103.2 PCF Compaction: 91 .5 % ASTM D 698-78 Coefficient of Permeability: k = 0.11 x 10-6 cm/sec = 0.11 ft/year .50 — _ - - — - - It T - - - - - - - -.- -- - �--.- w .40 — -- -- >71 4., .30QJ - - - - — L _ Cl. .20 O 40 • 80 120 160 Time (hours) -3- 9 40059 Empire Laboratories, Inc. CORPORATE OFFICE P O.Box 503 • 301 No Howes GEOTECHNICAL ENGINEERING &MATERIALS TESTING Fort Collins.Colorado 80522 1303)484-0359 FAX No.(303)484-0454 December 29 , 1992 Mr. Mike Cervi c/o Nelson Engineers 520 Greeley National Plaza Greeley, Colorado 80631 Re: Brine Water Evaporation Park North of Milliken, Colorado ELI Project No. 4966 Gentlemen: Please find enclosed field density test results obtained from backfill material being placed at the above-referenced project. The field density test results, obtained with a nuclear moisture density gauge in accordance with ASTM procedures , are included on page 2 , along with the maximum density and optimum moisture data developed for the material being placed. Very truly yours, %11„1tI.11 I ttrrt,,,, °‘ c)(3...REG/ , EMPIRE LABORATORIES, INC. spQ, �' - ; e -13 Bo=.' t26084 ' "' vo ouglas J. Jo/AA/ , E. sFs• Branch Manager i0n'Al �` •' Colorado Registration No. 26084 , ttIItl,,ln"ty kjm cc: Nelson Engineers - Mr. Art Uhrich enclosure TO1Branch Otte P.O.Box 1135 P.O.Boa 1744 P.O.Boa 5659 \m PO.Boa 16859 Greeley.CO 80632 Cheyenne.WY 82003 s i I Colorado Soong*.CO 80935 (303)1Longmont.CO 80502 3514460 (307)632.9224 ? 17191597-2116 13031778-3921 (303) /yn Member ot Consulting Engineers Council Lett 940056 I O VI a o O M > OQ et et d .t. N• L p J Z rj) z " w I— , W�C ' W L 2 O O O O O a Y+1 w a ' a to to Lo Li-)to i.o Lo cc D = crl rn rn o a1 o .•, a 3 f z00 Li... O W 0 II C )— c r--. N. 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CORPORATE OFFICE PO.Box 503 • 301 Na Howes GEOTECHNICAL ENGINEERING &MATERIALS TESTING Fort Collins Colored*80522 (3031484-0359 FAX Na(303)484-0454 December 16 , 1992 EXHIBIT Mr. Mike Cervi c:).0 c/o Nelson Engineers 520 Greeley National Plaza Greeley, Colorado 80631 Re: Brine Water Evaporation Park - Pond #4 North of Milliken, Colorado ELI Project No. 4966 Gentlemen: Please find enclosed the results of the Atterberg Limits performed from December 8 through December 10, 1992 for the above-referenced project. The samples were obtained at finished grade elevation on the cell bottom. It is our opinion that these samples will yield a permeability rate slower than one (1) foot per year when compacted in accordance with the project specifications. If you have any questions, please call us at your convenience. Very truly yours, a1�111)..fG/ .�Pp0 REg��;'., i cj ,,GLAs 7;N/;r EMPIRE LABORATORIES, I�1C. ;�;`o° ,',a: /' i 6 • 111A 3 26084 �W a` Douglas J. Jobe, P. E. x'7,;ONAL t"••x� Branch Manager Colorado Registration No. 26084 kjm cc: Nelson Engineers - Mr. Art Uhrich �D�RA tO Branch Offices .e u. PO.Box'8859 P.O.Box 1 135 P.O.Box 1744 PO.Box 5859 ( i _ Greeley.CO 80832 Cheyenne.WY 82003 dI (719) 9 Sa18 CO 80935 Longmont.CO80502 `t� /n 17191597.2118 (3031778-3921 (3031 J51-0480 -13071832-9224 Member of Consulting Engineers Council ?,t, !40056 Mr. Mike Cervi c/o Nelson Engineers Page 2 December 16, 1992 Atterberct Limits No. 1 Location: 300'S. of Sta 8+00 Date Tested: December 8 , 1992 Liquid Limit 23 Plastic Limit 19 Plasticity Index 4 % Passing #200 Sieve 40. 4 No. 2 Location: 300' S. of Sta 8+50 Date Tested: December 8 , 1992 Liquid Limit 22 Plastic Limit 21 Plasticity Index 1 % Passing #200 Sieve 44 . 3 No. 3 Location: 100' S. of Sta 8+00 Date Tested: December 8, 1992 Liquid Limit 31 Plastic Limit 20 Plasticity Index 11 % Passing #200 Sieve 85. 2 No. 4 Location: 100'S. of Sta 6+00 Date Tested: December 8 , 1992 Liquid Limit 25 Plastic Limit 18 Plasticity Index 7 % Passing #200 Sieve 67 . 5 9400.,'";e � �' Mr. Mike Cervi c/o Nelson Engineers Page 3 December 16, 1992 No. 5 Location: 300' S. of Sta 5+50 Date Tested: December 8, 1992 Liquid Limit 25 Plastic Limit 16 Plasticity Index 9 % Passing #200 Sieve 65. 0 No. 6 Location: 100' S. of Sta 4+50 Date Tested: December 8 , 1992 Liquid Limit 26 Plastic Limit 20 Plasticity Index 6 % Passing #200 Sieve 80 . 8 No. 7 Location: Sta 3+00 and E-line Date Tested: December 9, 1992 Liquid Limit 24 Plastic Limit 19 Plasticity Index 5 % Passing #200 Sieve 38 . 2 No. 8 Location: Sta 2+00 and E-line Date Tested: December 9 , 1992 Liquid Limit 25 Plastic Limit 16 Plasticity Index 9 % Passing #200 Sieve 48 . 6 ` � • 9100:7•9 3 Mr. Mike Cervi c/o Nelson Engineers Page 4 December 16, 1992 The following two Atterbergs contain blended materials: No. 9 (Retest of #2) Location: 300'S. of Sta 8+50 Date Tested: December 10, 1992 Liquid Limit 23 Plastic Limit 16 Plasticity Index 7 % Passing #200 Sieve 63 . 7 No. 10 (Retest of #1) Location: 300'S. of Sta 8+00 Date Tested: December 11, 1992 Liquid Limit 25 Plastic Limit 15 Plasticity Index 10 % Passing #200 Sieve 49 . 8 qt 94100:;8 Empire Laboratories, Inc. CORPORATE OFFICE P.O.Box 503 4 301 No.Howes GEOTECHNICAL ENGINEERING &MATERIALS TESTING Fort Collins,Colorado 80522 (303)484-0359 FAX No.13031484-0454 December 16, 1992 eft Mr. Mike Cervi c/o Nelson Engineers 520 Greeley National Plaza Greeley, Colorado 80631 Re: Brine Water Evaporation Park - Pond #4 North of Milliken, Colorado ELI Project No. 4966 Gentlemen: Please find enclosed field density test results obtained from fill material being placed at the above-referenced project. The field density test results, obtained with a nuclear moisture density gauge in accordance with ASTM procedures, are included on pages 2 through 6 . The moisture density relationship data, prepared in the laboratory in accordance with ASTM D 698-78 Method "A" , along with the Atterberg Limits and #200 wash sieve analysis test results, are included on page 7 . Very truly yours, . ,.all"lm R,n„ ` 0 RE f', EMPIRE LABORATORIES, INC. 147c;\-AsxP. p / tF% / = io ✓O99�0t: 3 CO { _ c =_p: 26084 en zit uglas J. 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CO al! it •r• -•Z 01 al01 0, 0, , i>rIeV+ , X O CC I - — 9d 0 / MOISTURE DENSITY CURVE LOCATION OF SAMPLE: Brine Water Evaporation Park SE corner of pond #4 TEST PROCEDURE: ASTM D 698-78, Method "A" MAXIMUM DRY DENSITY: 111 .8 PCF OPTIMUM MOISTURE: 14.2 % CURVE NO. 5 115 O 110 7 o r f N Z W 105 0 100 10.0 12.0 14.0 16.0 18.0 PER CENT MOISTURE Liquid Limit 23 Plastic Limit 17 Plasticity Index 6 % Passing #200 Sieve 44.4 -7- EMPIRE LABORATORIES, INC. I '- 9‘11004);S. '7 Empire Laboratories, Inc. CORPORATE OFFICE P.O.Box 503• 301 No.Howes ForGEOTECHNICAI ENGINEERING&MATERIALS TESTING (303)484-0359 84-0 Colorado 80522 484-03 5 9 ( FAX Na(303)484-0454 December 15, 1992 Mr. Mike Cervi c/o Nelson Engineers EMpio 520 Greeley National Plaza /L2 Greeley, Colorado 80631 Re: Brine Water Evaporation Park - Pond #4 N. of Milliken, Colorado ELI Project No. 4966 Dear Mr. Cervi, Please find enclosed the results of the falling-head permeability tests associated with Proctor Curve No. 5. As stated in our Report of a Geotechnical Investigation, dated January 3 , 1983 , a desireable permeability rate for construction of the pond is one (1) foot per year. This material displayed a permeability rate of . 35 foot per year. Additional permeability tests are currently being conducted, and the results will be sent to you when they are completed. If you have any questions, please call us at your convenience. Very truly yours, oommw , EMPIRE LABORATORIES, INC. �op, 0 RED ,,,,o , t Q, , As i'" eat c) iS 7- :"',\ 26084 53 bas / . E.P = 4.c Branch Manager .„,,,,.nM ,,.• vs./ Colorado Registration No. 26084 ' s,+.S/ONAL C"\o•• kjm cc: Nelson Engineers - Mr. Art Uhrich enclosure ao9xl\ \ Branch Offices !^ PO.Box 18859 P.O.Box 1135 P.O.Box 1744 P.O.Box 5659 Colorado Springs.CO 80935 Longmont.CO 80502 Greeley,CO 80832 Cheyenne,WY 82003 .:11\ or ;,� (719)597.2118 (303)776.3921 (303)351.0480 (307)832-9224 l/ Member of Consulting Engineers Council 3L-1005 FALLING HEAD PERMEABILITY Project: Brine Water Evaporation Park - Pond #4 Sample ID: Curve No. 5 Location: SE corner of pond Density: 107.4 PCF Compaction: 96.1 % ASTM D 698-78 Coefficient of Permeability: K = 0.34 x 10-6 cm/sec = 0.35 ft/year L .—.—.--- —.—.— to a 2.DDD Y V- Y -- - Y1. 50 ---,-...,. - _ --- - - --- .n MI cu L a W 1.00 - - ...... - ..... _ _.- - - .. . .... .fl a ai U - - — - - -_ - ,-,.- w C - - - 4- U 0 - - - - - - - . 0. 50 - - — — — — - - — — — — — — -- -- - - 20 • 40 60 80 Time (hours) -2- 9400 6 1.1 11992 NELSON ENGINEERS 822 7TH STREET GREELEY, COLORADO 80631 (303) 356-6362 11 December 11, 1992 WELD COUNTY HEALTH DEPARTMENT Attn: Trevor Jiricek 1517 16th Avenue Court Greeley, Colorado 80631 COLORADO DEPARTMENT OF HEALTH Attn: Roger Doak 4300 Cherry Creek Drive, South Denver, Colorado 80222 WELD COUNTY BUILDING DEPARTMENT 915 10th Street Greeley, Colorado 80631 RE: Northern Colorado Brine - Road 54 E-Vap Pond Construction of Pond #4 Dear Sirs: This letter is being submitted as a supplement to the letter that I issued on December 10, 1992. I have found this supplement necessary to clarify why earthwork is continuing at the subject site. During the day of December 10 , when earthwork was to have been completed, our materials technicians found an area in the southwest corner of the pond that was borderline as far as meeting the established compaction requirements . This matter was discussed with the owner who then elected to import some additional drier clayey material to mix with the on-site floor material at the problem location to insure a compaction quality in excess of specification. Both Empire Laboratories and my office are satisfied that this importation of drier clayey material mixed with the on-site soil has increased the compactability of the floor material and will decrease its permeability rating. 11\ 910056 We have continued testing the material throughout the day on December 10 and will continue to do so on December 11, and until earthwork movement ceases at this location. We are confident that the additional imported material will result in meeting or exceeding the specifications for both compaction and permeability rates in the floor of Pond 4 at this particular location. The official test results will be submitted to your office as soon as they are available. Respectfully, NELSON ENGINEERS Sat /4 S -' LaVern C. Nelson, P.C. LCN:kb cc: Ken Lind Mike Cervi 1211 . 222 ,\ s,4COS NELSON ENGINEERS EXHIBIT 822 7TH STREET GREELEY,COLORADO 80631 (303) 356-6362 1 4' December 10, 1992 WELD COUNTY HEATLH DEPARTMENT Attn: Trevor Jiricek 1517 16th Avenue Court Greeley, Colorado 80631 COLORADO DEPARTMENT OF HEALTH Attn: Roger Doak 4300 Cherry Creek Drive, South Denver, Colorado 80222 WELD COUNTY BUILDING DEPARTMENT 915 10th Street Greeley, Colorado 80631 RE: Northern Colorado Brine - Road 54 E-Vap Pond Construction of Pond #4 Dear Sirs: Since the early part of November, this office provided designs and plans for the construction of Pond #4 at Northern Colorado Brine plant. The plan of development was authorized by the Board of County Commissioners at their work session on November 9, 1992 . Subsequently, earthwork construction has been completed in accordance with the plans with one exception noted later. This office further provided location staking for construction and observed the construction, while Empire Laboratories provided testing of compaction and permeability of the in-place materials. The excavation was completed to planned grades except in the southwest corner. This area, approximately 150 feet by 200 feet, was left higher than the planned bottom elevation since there was an excess of excavation over the needs for embankment material to meet design grades. The area has been sloped to the pond bottom to provide more than minimum water depths comparable to the existing ponds . This same area is the location for the influent pipe. The area is adequately riprapped to prevent erosion due to influent flows . ) e 9400.7;6 ,/ The construction and results of material testing is in compliance with the requirements as specified by the approved operational standards for this facility and the recommendations of Empire Laboratories , who provided all testing services . The enclosed copies of test results are provided for your review. A drawing showing the new pond and its relationship to the existing facilities is being prepared and will be furnished as required for record purposes . Respectfully, NELSON ENGINEERS LaVern C. Nelson , P.E. LCN:kb cc: Mike Cervi Ken Lind Enclosures 1210 . 222 1 (i 9400,•S 'J . Empire Laboratories, Inc. CORPORATE OFFICE PO.Box 503 a 301 No.Howes GEOTECHNICAL ENGINEERING 8 MATERIALS TESTING Fort Collins,Colorado 80522 (3031484-0359 FAX No.(303)484-0454 December 7, 1992 RECEIVED ti -i,S;1 -z t, 0 8 is ;. Mr. Mike Cervi c/o Nelson Engineers 520 Greeley National Plaza Greeley, Colorado 80631 Re: Brine Water Evaporation Park - Pond #4 N. of Milliken, Colorado ELI Project No. 4966 Dear Mr. Cervi, Please find enclosed the results of the falling-head permeability tests associated with Proctor Curve No. 4. As stated in our Report of a Geotechnical Investigation, dated January 3 , 1983 , a desireable permeability rate for construction of the pond is one (1) foot per year. This material displayed a permeability rate of . 02 foot per year. Additional permeability tests are currently being conducted, and the results will be sent to you when they are completed. If you have any questions, please call us at your convenience. Very truly yours, :r' , ti EMPIRE LABORATORIES, INC. .,-...-7-,:-: ,- 3 ouglas J J e, P. E. Branch Man er Colorado Registration No. 26084 kjm cc: Nelson Engineers - Mr. Art Uhrich enclosure EXHIBIT JS . 6ORA, _\04 Branch Offices i rt. \•,:e ft N P.O.Box 18859 PO.Box 1135 P.O.Box 1744 P.O.Box 5659 s COloreeo Sonng;CO 80935 Longmont,CO 80502 Greeley.CO 80632 Cheyenne NN 82003 �? p19159]@tt6 130317763921 13031351.0460 (3071632-9224 . AY. Member of Consulting Engineers council 1_2414 94.01r 11 lh FALLING HEAD PERMEABILITY Project: Brine Water Evaporation Park - Pond #4 Sample ID: Curve No. 4 Location: Sta 12+50 Density: 99.7 PCF Compaction: 95. 1 % ASTM D 698-78 Coefficient of Permeability: K = 0.015 x 10-6cm/sec = 0.02 ft/year a—_ i N —,— t— .05 CU ro E —'— n. .03 -- - 9 CU .02 1 4 C- 25 ' 50 75 100 Time (hours) -2- �� 9 40055 '� I Empire Laboratories, Inc. CORPORATE OFFICE PO.Box 503• 301 No.Howes i GEOTECHNICAL ENGINEERING &MATERIALS TESTING Fon Colorado 80522 (303))4 484-084-0359 FAX No.13031 484.0454 December 4 , 1992 EXHIBIT Mr. Mike Cervi c/o Nelson Engineers ! 9 j 520 Greeley National Plaza Greeley, Colorado 80631 Re: Brine Water Evaporation Park - Pond #4 N. of Milliken, Colorado ELI Project No. 4966 Gentlemen: Please find enclosed field density test results obtained from fill material being placed, and subgrade compacted at the above-referenced project for November 1st through November 28 , 1992 . The field density test results, obtained with a nuclear moisture density gauge in accordance with ASTM procedures, are included on pages 2 and 3 . The moisture density relationship data, prepared in the laboratory in accordance with ASTM D 698-78 Method "A" , along with the Atterberg Limits and #200 wash sieve analysis test results, are included on pages 4 through 7 . Very truly yours, lllllll1,,,,, EMPIRE LABORATORIES, INC. op,c` i_AS'j t. .1:e::::, o. K ' /de- 41d =�. _ 25084 oug`as J.. J , P.E. %..42^,;''' .,t- _' Branch Manager u/CNAt Eti�,.'' Colorado Registration No. 26084 mti,,,,,,,,,,,,, kjm cc: Nelson Engineers - Mr. Art Uhrich enclosures -Co f4 I----I:0 Branch Offices Ire/ PO.Box 18859 P.O.Box 1135 P.O.Box 1744 P.O.Box 5859 r':`., ! 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I 9 r 0 O m ≥ a- i� Y 4+ Y 4) N _ _ QA - . o m c 4444 N C1 C1 C) J J C) ..- r .r y V A' E A U C CC CC CC U U C LL LL lL LL u.. LL U. u a. O m X 41 £ W a3 U U a E N N N N N N N N N N N N N N y 1. a) a) a) a) a) a) al a) a) a) a) al a) al .41 1 I I I I I I I t I I I I I 1 m N CO oo a] Cn O O .\E 5. INC J C '- -• N- r 9 p r+ r~ 9 .-' r+ .4 r. el .•-I rl rl N N N O 41 ', c t I I I I 1 I I I I I I I I B E A o` E E = E • n co Q\ 0 .--I N Cr' V V) t0 n CO MC) 14, / ,� % — 1 f Z en rl en N N N n N N N N N 04 M li1J'N It X O a: 3 itr —3 A • 91OO S MOISTURE DENSITY CURVE LOCATION OF SAMPLE: Brine Water Evaporation Park 9+00, N. berm TEST PROCEDURE: ASTM D 698-78, Method "A" MAXIMUM DRY DENSITY: 106.0 PCF OPTIMUM MOISTURE: 16.0 % CURVE NO. 1 8 110 U, m I w ° 105 O ° G /� 7 100 12.0 14.0 16.0 18.0 20.0 PER CENT MOISTURE Liquid Limit 27 Plastic Limit 17 Plasticity Index 10 % Passing #200 Sieve 83.2 -4- EMPIRE LABORATORIES, INC. II MOISTURE DENSITY CURVE LOCATION OF SAMPLE:_ Brine Water Evaporation Park 2+00, S. side of cut TEST PROCEDURE: ASTM D 698-78, Method "A" MAXIMUM DRY DENSITY: 111 .9 PCF OPTIMUM MOISTURE: 15. 5 % CURVE NO. 2 U 115 110 o o \ o /o 105 12.0 14.0 16.0 18.0 PER CENT MOISTURE Liquid Limit 26 Plastic Limit 18 Plasticity Index 8 % Passing #200 Sieve 66.9 -5- EMPIRE IABORA TORIES, INC. it ' MOISTURE DENSITY CURVE LOCATION OF SAMPLE:_ Brine Water Evaporation Ponds 8+00, line E TEST PROCEDURE:— ASTM D 698-78, Method "A" MAXIMUM DRY DENSITY: 111 .3 PCF OPTIMUM MOISTURE: 15.6 % CURVE NO. 3 115 ( ' 110 O ,,e'-- o v j 105 0 100 - 10.0 12.0 14.0 16.0 18.0 20.0 PER CENT MOISTURE Liquid Limit 22 Plastic Limit 21 Plasticity Index 1 % Passing #200 Sieve 64.4 -6- EMPIRE LABORATORIES, INC. 9400:7;6 / MOISTURE DENSITY CURVE LOCATION OF SAMPLE: Brine Water Evaporation Ponds 12+50 - Subgrade TEST PROCEDURE:— ASTM D 698-78, Method "A" MAXIMUM DRY DENSITY: 104.8 PCF OPTIMUM MOISTURE: 18.0 % CURVE NO. 4 105 o N / Z W 0 100 . 0 95 13.0 15.0 17 .0 19.0 21 .0 23.0 PER CENT MOISTURE Liquid Limit 32 Plastic Limit 17 Plasticity Index 15 % Passing #200 Sieve 81 .9 -7- 9Q0 r3 EMPIRE LABORATORIES, INC. • ZIA \ DEPARTMENT OF HEALTH 1517 • 16 AVENUE COURT GREELEY, COLORADO 80631 ADMINISTRATION (303) 353.0586 C. HEALTH PROTECTION(303) 353-0635 COMMUNITY HEALTH.(303)3534635 COLORADO December 4, 1992 Mike Cervi Roggen Disposal Inc. \Northern Colorado Brine P.O. Box 169 Sterling, CO 80751 Dear Mr. Cervi: I am writing to confirm the general content of the meeting which took place at Northern Colorado Brine, Tuesday, December 1, 1992. Present at the meeting were: Roger Doak, Colorado Department of Health; Vern Nelson, Nelson Engineers; and of course you and myself. At this meeting, it was expressed that the Roggen Disposal, Inc. proposal, November 25 , 1992, was inadequate as submitted. The following documentation was requested to complete the proposal and thus allows the Environmental Protection Division of the Weld County Health Department and the Hazardous Materials and Waste Management Division of the Colorado Department of the Health to complete the necessary review of the proposal prior to construction: 1. Provide all manufacturer specifications in regard to the proposed liner. Particularly, information, test data, etc. demonstrating the compatibility of the liner for the waste this facility is approved to accept. z 2. Provide all quality assurance and quality control measures which will be incorporated to ensure adequate installation of liner, i.e. , -; destruction/construction tests of materials. 3. Provide an engineered plan on the method in which the liner is to be installed and anchored. 4. Provide an engineered plan on the specific construction of the facility. Specifically. the method in which the three (3) ponds will be joined. 5. Discuss and justify the classification of the impoundment. - ' � V DEC 0 7 1992 L EXHIBIT �S %Nnld carol olannia0 '3 Mike Cervi Roggen Disposal Inc. \Northern Colorado Brine December 4, 1992 Page 2 , 6. According to Section 6.5.7 of the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities", "All waste impoundment facilities shall be provided with a means of quickly and accurately determining the total volume of wastes in each impoundment. . . .by correlation with the depth of wastes." Provide an engineered plan specific to this requirement. In addition to the above requests, the construction of the new pond at the ------) Northern Colorado Brine facility was discussed. The following information must be provided to both Weld County and the Colorado Department of Health for review and approval prior to the incorporation of this new pond: I 1. All compaction and permeability testing results conducted must be submitted. In addition, any other quality assurance and control data incorporated during the construction of the facility must be provided. If you have any questions, please contact me at 353-0635. Sincerely, _ Trevor Jiricek Solid and Hazardous Waste Specialist TJ/2443 cc: Roger Doak, Colorado Department of Health Keith Schuett, Weld County Planning Department Vern Nelson, Nelson Engineering LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 - GREELEY, COLORADO 80632 _- . GEORGE II. OTTENHOFF TELEPHONE KENNETH F. LIND (303) 353-2323 KIM R. LAWRENCE (303) 356-9160 TELECOPIER JEFFREY R. BURNS June 30 , 1993 (303) 356-1111 Board of County Commissioners of Weld County, Colorado 915 Tenth Street Greeley, CO 80631 Re : USR-540 : 83 : 3 (Northern Colorado Brine) Show Cause Hearing Dear Chairperson Harbert : Hand delivered with this letter is a folder of Exhibits 13 - 64 which are delivered and produced in accordance with the Board' s motion made and approved on June 23 , 1993 . The enclosed exhibits are all of those exhibits available and in this office as of 1 : 00 P.M. on June 29 , 1993 . We have requested additional information from the County as well as from other sources and we expressly reserve the right to produce and admit additional exhibits at the time of the adjourned hearing now scheduled for July 7, 1993 . We further reserve the right .to submit any exhibits needed for rebuttal of any additional evidence which the County may introduce at the time of the July 7, 1993 hearing. Very truly yours, LIND, LAWR CE OTTENHOFF h F. ind KFL/cg Enclosure pc : Mike Cervi Patty DePlazes SEE FOLDER CNOrEecok)-goP, EX I}I B ITS 13 TNROu4 # (14 5 ' 2.• 1.. S33 _3: a. ___ - 3_ - N _=*b PAGE as vi SLt Ov6 M CI 8 W ~ CO Q • Z O 0 . W �. z o v CI C �,, U V c a a 1, 0 V a N 0 So W CO C '.1 e, al t '° W > z O CC U L N 2 Z ❑ W < < Pa CO z< C 11 . W W_ CO C c - r c N O -I z - Z J V E m ~ C a Q c x > • = V s Q E o ii 'a w o L CC O_ ¢ a o " O IC U U O $CO SA , 0 z Or C V W0 0 Z w7 .• , U m b. p u 3 m N =- — H O 14. allC .. 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Please call the My before us need each of the following inspection*. Electrical and plumbing inspections cannot be done the same day as the framing inspection or the final building inspection, because of different trade inspectors involved. When requesting each inspection, please give the props t owner's name, the job site address or directions, and this �( D/"'J PERMIT NUMBER "`, FOR INSPECTIONS CALL - 356-4000, EXT. 4425 (GREELEY) SETBACKS FRAMING FOOTING FIREPLACE (at 1st flue) CONSTRUCTION METER FIREPLACE (before capping) REBAR SEPTIC S LEACH DAMPROOF GAS TEST FOUNDATION SEWER SERVICE-needs to be inspected and approved before covering. UNDERGROUND ELECTRIC-needs to be inspected and approved before covering WATER SERVICE - Needs to be inspected and approved before covering UNDERGROUND PLUMBING-needs to be inspected and approved before covering FINAL ELECTRIC ROUGH ELECTRIC FINAL PLUMBING ROUGH PLUMBING FINAL HEATING ROUGH HEATING zfrFLNAL APPROVAL FLUES a VENTS EXPLANATIONS SETBACKS Minimum zoning setbacks are shown on the Building Permit application form. Setbacks required by the Building Code may vary from the zoning setbacks. Please check with our office if you have any questions regarding required setbacks. FOOTING All forms must be in place; grade established; ground packed and leveled and rebar on job site. Note; forma may be trenched in ground - bottom of trench must be square; grade established; and ground packed and leveled. CALL FOR INSPECTION BEFORE POURING CONCRETE. REBAR If required, rebar and splices must be tied as shown on prints. CALL ■ L FOR INSPECTION BEFORE POURING CONCRETE. e* DAMPPROOF All living areas below ground level must have one escape window to the exterior and must be waterproofed or dampproofed. CALL TOR INSPECTION w BEFORE BACKFILLING AND DO NOT BACKFILL FOR A MINIMUM 4 DAYS. os ROUGH-INS Electrical and plumbing work must have a rough-in inspection. Flues and vents must be inspected. H5!_I;,ES: _ .: di - _ _N-*1'4 =?S PC:GE 75 WtLU COUNTY INSPECTION DEPARTMENT I I I...:?l I`I I3 I;'I"l''•;i"1 1. i FAACEL I.URSER 'REELEY.COLORADO 50831 Ji: M! NUMBE _EPHONE 3564000 EXT. 4425 -/j �MONE NO. ---- PROPERTY'I'Y OWNER CERVI MIKE /$CO /V I l SA' ::;O;; ... MAILING ADDR C/O NELSON ENGINEERS RECEIVED NOV 1 9 1992 022 7TH STREET R5 .'.0 G EELEY. CO 50631. CONTRACTOR - GENERAL PHONE NO. HOWEL CONSTRUCTION :S(X'; - PLIJIIEiING CONTRACTOR HEATING CON'T'RACTOR LCENES NO. NONE NONE ELECTRICAL CONTRACTOR NONE ADDRESS OR DIRECTION TO JOB SITE FLOOORAIN TES O cis, SEE LEGAL WCR 54 E -- VAP PARK SUSOIvISION LOT BLOCK CENSUS TRACT INC DISTRICT _. _.._ 21 rte--CARLLrca� lEDwl OfSCRIPTION IMG APPROVAL SECTION T N A W DATE BY N^c NW4 25 05 67 IL/.11/q2- SOX) DISTANCE FROM LOT LINES N $ E W 000(0�0 /1R00000 00000 00000 RECuMED ZONBIG SCUM N 45'/L. $ Q 5' IL 6 5'!L W 4.5'rt . ._ CACR WITH THE BUILDING INSPECTOR DEPARTSIENT FOR REOUMFo SOUSING COOP sETYCKS TYPE Or IMPROVEMENT GRADINGOWNEASNIP .•. ,•..__..___,.__.__.__._._._.._._.._. ___._._..___._.__..__.._._...___._._........__.. PRIVATE OWNER PROrOSEDUSE-RESIDENTIAL VALUE S FEE $ FEE S _ MOBILE HOME GRAD I p IICAL JOB/;I 200 99-00 PLAN CHECK .00 CONSTRUCTION METER •00 INVEST FE< ' .00 .00 .00 .00 Di"E" .00 RECEIPT NO. TOTAL 34806 11/12/92 99.00 DESCRIPTION OP PROPOSED use MISC. WILL DE EXCAVATING AND GRADING TO CONSTRUCT THE FOURTH EVAPERATION POND. APPROXIMATI_Y 60000 CUBIC YARDS. WILL ALSO BE PUTTING IN AERATION SYSTEM. ALL PERMITS MUST SE FINALED 6 EXN191t CALL FOR REQUIRED INSPECTIONS. ' Cali 356-8016 inside Greeley calling area or. 3 1.800.234.2534 outside the Greeley calling area. e PRINCIPAL CONSTRUCTION PRINCIPAL HEATING FUEL ..P......---...__GE_.__.. SEPTIC--•_.. ......_.__.._.___ ___..._._........__...__••___.._.............._.._....._ ELL.PERMIT ....................... TTP!OF SE WAGf OISpSAI SEPTIC PERMIT SIK PERMIT TYPE OF WATER SURELY WELL PERMIT TYPE ISSUED NURSER TYPE NAME NUMBER FOUNDATION NURSER OF STORIES BVILOING HEIGHT 000 00000 RESIDENTIAL USE ONLY PLOT PLAN ON FILE N(3BLUE PRINT ON FILE NO NUMBER OF BEDROOMS NU OP BATHROOMS ACCESS ACRES .ULL 314 I❑ I t.I.;_..t.tip- CAN " I HAVE READ THE NOTICE ON THE REVERSE 510E GNATVRE OF APPLIT " APPLICATION DATE ' BEFORE MAKING MISAPPLICATION, 'IzII 11''IG:I. SON nn 1 P AED BYA I. ) , .. °� i1 P/ /VA / DE cr. !� 1.F. WORK SESSION MINUTES: NOVEMBER E ER 9, 1992 All Commissioners Present Staff: Vicky Sprague Northern Colorado Brine: John Pickle, Lee Morrison, Chuck Cunliffe, Ken Lind, Vern Nelson and Mike Cervi Mike Cervi of Northern Colorado Brine has asked to be allowed to construct a new pond. It would be placed in the area shown on the Use by Special Review plat for a future pond. John Pickle stated that he has no problem with the additional pond, but he is concerned about overall odor problems. There have been two documented odor violations. One of those violations has resulted in an air quality hearing being scheduled. Operation Standard 7J of the original permit requires that the company aerate and have an odor abatement plan in place. Representatives admit aerators have not been functioning properly. In the last several days, they have replaced PVC pipes with copper units in an effort to improve aeration. They also feel that the odor is worse during autumn months due to natural turnover of the ponds. Enzymes have been added to neutralize the ponds. They are hoping that by taking advantage of new technology odors will be reduced. More wastes are being generated due to increased drilling activity, and the ponds are over filled. Consequently, adding an additional pond is also seen as a means to reduce odor. Vern Nelson, a consulting engineer, was recently engaged to work on the problem. Mr. Nelson will try to determine bacterial activity by researching Health Department files for water analysis of the ponds. Lee Morrison stated that the company needs to formulate a plan for the Health Department to review prior to-the hearing. Ken Lind said the odor abatement plan will be completed by Monday, November 16. The board agreed to issue building permits for the construction of a new pond; however, Mr. Cervi will proceed at his own risk pending the outcome of the air quality hearing. a ExN�g�t 3 ';L z Z' AtAr- lis mEmORAnDUm (,'l�.r�st WILK nardTo of County Commissioners nee October 30 , 1992 L ee Morn I/7y/ JO CAt1 c), ctL COLORADO From xpirh A. Schuett. Current Planner Subsct. Expansion of ponds at Northern Colorado Brine. On December 12 , 1983 the Board of County Commissioners approved Special Review permit 540 for an oil and gas brine water disposal and oil recovery facility. As part of the approval a future pond was shown on the recorded plat. Mr. Hike to d constponds would be located 1inrtheeareag shown eonl the e to Use by Special Review ct two d s. Both plat for a future pond. A copy of this request was sent to the Health Department for review. The Health Department has expressed a concern about allowing the expansion co occur at this time. Numerous odor complaints have been received and an odor violation is scheduled for a hearing with the Colorado Department of Health, Air Quality Division on November 16 , 1992. The Department of Planning Services' staff offers the following options . 1. Allow the construction of two ponds tooccur obtained. the area shown on the plat after appropriate building permits 2. Do noc allow the elxpansion the outcome Colorado Department of Health on the dorviolations t he hearing with are known. the Please initial one of the following categories and return to the Department of Planning Services. Thank you. Option Work session Option #1 _ George Kennedy Constance Harbert ik C.W. Kirby Gordon Lacy ' W.H. Webster 9400-e ...;, 73.-ea 2 fl s EXHIBIT gs -.1_1- I NOR•ITIERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 1 - Materials ocher than brine water have been disposed of at the facility (Receipt Numbers 40925 and 40862 indicate that motor oil and other materials were disposed of at the facility) . 1 )11 t'.. $ ! !-cal- ---4, L ?>—..ivts ,L- ) :tc c,7,—_4- - ..:ti -D�2r u. IA.-(w-.24, at, -k-it-t- -;,5}42.1.4:-:(4.2.4 All haulers have been reminded that NCB is approved to accept oil and gas brine and production water only. No other wastes will be accepted without prior(approval by Weld County Health Department. w ruzly t +. - iL ' r l ^- ,.�.//. ;717 -✓. ..-1..- .4.1)y,..-4- L _105 -/-77.(_, ,k I_ 'at '- --- 2 ' -Jx Z l ti•_.ter. ', _ � t. 11�if'".,r � /Y- -/jd , .g '9r.-iii 7i i -1--1 -'JJ L• ' y_.r! C l . f1z.-7,/_ -, r: !1a) i2 '-L ; _ -tc _/t°i ,./ : L!_ i t 44 l' )J i - t-r .2 112-1' 6-7 •4:- '- '-i . ,G__ .-' - -r- ,':CXL'^Ii. • -1. -9/ 1 -4.-e-.11/1-44- Vii'%": T "i3e_z '/J 1t -TZ !,/,,A-ti.•- r_ ----,., L (. C �.�t'n-u.i€L f'j :1 ) - - • G J//i%i t��Lx %� Ho ore w A .T E r cir/_C . -I JJ.2 -a r-> zlxh, F.��.i;v.i.�rjyt.t, U Ova E:- volt net. , aon- i,; .1_ — ,�', -Li.,tl1- 940056 •„=:•4 � `: - ME ,' �4',EiUTL.DI1�lG' FERPILT.` • -.W►. COUNTY INSPECT10N''DEPART ` ' PERMIT,NUMBER'r.:.T'• {' NUMBER GREELEY,COLORADO 80631 -. •-' .,...e:..:..'. n` • -y PARCEL• TELEPHONE 356.4000 EXT..4425 - A. EXHIBIT , I' TELEPHONE No...:. /..42095726000023:,, :......; • ti .--.1-7.:... ..1_ 303' 587-2446. • 1='RClC'L=RT'i OWNER' ROGGEN DISPOSAL INC l ;.rl '1'L ; :^;,_,nh • : •�_' I Trsarl^L rE ��:T 93-�� • i'nAC(1 SilE1 T1 f'(11YINTY r;flAfl 54 • 'MTI 1 THEN rn Ofl5[i - • ' • . CPHONE NO.. C:GI~?T>:'s•r TOFF GENE PAL a4,3 E_N-__--_ r • . F' ( r7�� C (:' - LICENSE NO HEATING I f'I�:. C T :I� 1='LL11'1LiIhIG CONTRACTOR • I.Ir Iv.tr- ' NONE^ ' • - - ELECTRICAL CONTRACTOR NONE FLOODPLNM YES a nlp ADDRESS OR DIRECTION TO JOB SITE .' 10600 WELD 'COUNTY ROAD '4 LOT BLACK CENSUS TRACT ZONING DISTRICT • SUBDIVISION ' ' - ZONING APPROVAL LEGAL OESCRIPTlON T N R W DATE '. BY. • - SECTION 67 5../r.i/g3 • _ : • N2 I-T . E W DISTANCE FROM LOT LINES.'' • N • (1(1(1(1(1(1(1(1(1(1 . .S 00000 001000 00000 • REQUIRED ZONING SETBACKS, N •: • RE �1Or4y,1P..• S- . S 5.. E 5 w 2`•`�'" - •,CHECK WITH THE BUNAING INSPECTION DEPARTMENT FOR REQUIRED BUILDING COOS SETBACKS '.J.j,.. • »'TYPE OF IMPROVEMENT r�+G•� ^ - _ . :.WElul_ N ITI TNTNG _ OWNERSHIP'.-•EMI Trtt»IILOF PROPOSED USE-RESIDENTIAL ;•!'. _ . _• •POT ViSTE ni�IWE�• . ' . I _ VALUE S'-'.•.'4.-%::::::,:.• .K.:°'-y:..FEE S ••r• . FEE $ - .Tf AILOF. I. ••••''`: 17111A..... '' • ,'1 -•. ,.MOBILE HOME• _On . - .... -.Inn••'•:,.. . 2�i (1!1 PLAN CHECK. - ELECTRICAL JOB- -s. .,• — CONSTRUCTION METER,. ETER-�;''''t-'4•:::".'?:,; ,-f• OO 4 INVEST FEE. UQ `!;• ;��: • ';}:■OO OTHER. b OU • .•.a;• . . •. TOTAL' 2.5.00 . RECEIPT NO. •-35979 ,/17/93•' .. . • DESCRIPTION OF PROPOSED USE : • • -;' v 1n -;fin Sn FEET I=t TRAILCFt,'IMTO THE COU NTv T T !AATLILL'Br- USED FOR THE STnF' .OO '• nF HAND TOOLS., WINTER EQUTPNIENT _E' er- (TO .PRn3�TT1E 'YISVI SAL SCREENINn) • THE TF:r.ILSI WILL BE f . rtLOrul✓n ANT) TIED DO" -....Nn EI_,ECTF:TC_ • • PRINCIPAL HEATING FUEL •ri• •' PRINCIPAL CONSTRUCTION • - --- » -- ---- _ - —__-- . :'.' • WELL PERMIT ' SEPTIC PERMIT TYPE OF WATER SUPPLY • TYPE OF SEWAGE DISPOSAL • SEPT7S NAME .....•:z;..••• NUMBER I • NUMBER TYPE -.�...r_ 1 - y_ TYPE •`—.. • ....... L .» ;.S •3:BUILDING. . ElGMT r FOUNDATION • .. . 5.Y t:In..^:,li.U'tt73:,:Y:4• '.• _ .:.NUMBER OF STORIES',Cn4C• •;t. .•. .;r '_;p►1d }.lta�II.HEIGHT, .„0000 0U0 0 I •r} rm.:n: • _ N -•......... '.' % �-• ... ..-e.... ,-c. .e.:' ,lr.ir'..•:k • .. ,.. . T.-.,,••r.�-. 1 pi r1ru. ��T'C nni�lw .� r;s„:`':: PRIIdTON'PILE - ,T- • a.; r...:'•t:'1 a.?; BLUE I`Il7 ' :.'..:=C:1:�+' - _•t:.,PLOT PLAN ON FILE v,., t', r..x• . REStOEN71AL USE ONLY ``}'��'•r= '' ` .� ,a'+8'• ••-"{ �r'!I: `! •, aJ/; 1c .:L>• ',� '• �' -..:asZelr�ltoea -="�' I . t•rl'•r;, -':t•J.•' •TCL,:I.rf' aI t:a�''ila• _ •{•. OF BEDROOMS , �r>J ,•-.,.�rr,t�5 jAiL`Iit:�• -1C NUMBER , an los •1 ,r7.,rtit,..kw S;td',Q :'va. :••+ ._;yt.i r ,... I ER OII't1ATNROOM!1 r.-t :- :ittpt.•.Q-,.t.r} �'7 ,:t►rttr Yr 1 .,ACCPSS•, m 140 i 4t.3tb t.rit'C: 'G , 4:•'-.-..,:e.•;-..t. :.... . :.. '- .,� NUMB t l^•ISC•: .to- ,;�.n..• .. . n.Y ant go' r '..‘s.-.no• y,F4-vn2M".irre;�il ''7W =. .1:•n tiC. het t l ..i•r r^. - •. >' APPLICATI•N»OA � FULL: �- '�](� �• 12 �t� U • APPLI ni'r --z•n't Ot+tltrl>ai•a:t•St1r.Mic a.,ua ru'r:�.�st" � �'' •- •t il• I HAVE READ.THE NOTICE ONJHE:REVERSE.SIDE..ns... 'c.j'-T- • �� :j�: '� ` •_•�:,..;'odt�atl .. BEFORE MAKING THIS APPLICATIOttr.I: I. I;+ua e?•:` ..r��►/�_�� . yl. . �' •: . . . . • . B .::.:lc '•.=lui i •wt:7:.t:.M:'-•Arts!. pgOYALOA 2' :ion-v.14 t:ttt gelt.�:s3I_,rk r •VE _� „ 1 df : i..:.1'. :7,, -"Ali :"•tiTNG _1-itN2,;Wy ..;,117• fiat M i. :. Of y ,,H: ... • :I: 1:dtJ.:IH (4. ,t { ;Jlt y .+st;oJ.,,►11pTr�t.y'tf!uaEib kCei.sef )•IC 3 ��// ` '.9lnst �A _______ EASTERN PLAINS ENVIRONMENTAL SERVICE PATTY DEPLAZES Bus. (303) 454-3452 P.O. Box 142 Home (303) 897-2439 Pierce, CO 80650 May 5, 1993 Mr. Keith Schuett • Weld County Department of Planning Weld County Administration Building 1400 N 17th Avenue Greeley, CO 80632 Dear Mr. Schuett RE: Northern Colorado Brine Northern Colorado Brine requests the temporary approval to keep 2 frac tanks on site for a period of 6 months, in order to facilitate pond skimming. Skimming is proceeding on a daily basis. However, due to continued cold and unfavorable conditions, an excessive amount of water is being picked up with the oil. This causes the need for additional storage and settling of the oil prior to sale for refinement. The (2) two tanks will be located west of the dump area. Sincerely /4— Patty Deplazes cc Mike Cervi, NCB Trevor Jiricek, WCHD il114Nill? S� ‘a(1. DEPARTMENT OF PLANNING SERVICES PHONE(303) 353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140�• EY, ON O17RAAVENUEO631 GREELEY, COLORADO80631 COLORADO May 17, 1993 Patty Deplazes Eastern Plains Environmental Services P.O. Box 142 Pierce, CO 80650 Subject: Frac Tanks located on USR-540 area. Dear Mrs. Deplazes: Thank you for your letter of May 5. The Department of Planning Services' staff has reviewed your request to locate two (2) frac tanks on site for a period of six (6) months to aid in pond skimming process due to cold weather. The staff have determined that the two (2) frac tanks used as part of the pond skimming process would not be a major change to USR-540 provided that the frac tanks are not kept on the property more than three months. The frac tanks would need to be removed on or before July 5, 1993. The July 5, 1993 date will allow for skimming operations to take place during the warm weather. Additional time may be requested before July 5, 1993 and will be reviewed on its own merits. Please write me if you have any questions. Respectfully, icy Ett Keith A. Schuet Current Planner pc: USR-540 Trevor Jiricek, Weld County Health Department Ken Lind i "tun 2 2 9410056 St tcW DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES II I 11 C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO May 17, 1993 Patty Deplazes Eastern Plains Environmental Services P.O. Box 142 Pierce, CO 80650 Subject: 35 foot semi-trailer accessory structure. Dear Mrs. Deplazes: Thank you for your letter of May 5. The Department of Planning Services' staff has reviewed your request to locate a 35 foot semi-trailer, on the special review permit area (#540) , for additional storage of tools. The staff has determined that the 35 foot semi-trailer used as an accessory structure would not be a material deviation from the plans and or standards as approved for USR-540. Building permits will need to be obtained prior to locating the trailer on the property. The trailer must be installed in compliance with all Weld County Building Code requirements. Respectfully, e Schue t 'Current Planner pc: USR-540 Trevor Jiricek, Weld County Health Department Ken Lind EXHIBIT 113 9tOO6 EASTERN PLAINS ENVIRONMENTAL SERVICE P.O. BOX 142 PIERCE, COLORADO 1-8974439o( 464-3452 February 10, 1993 Mr. Roger Doak, Geologist Solid Waste Section, Hazardous Waste and Waste Management Division Colorado Department of Health 4300 Cherry Creek Drive South Denver, CO 80222-1530 Re: Certefied Letter # 860 418 649 Dear Mr. Doak, In response to the above referenced letter: Northern Colorado Brine ceased accepting the unauthorized Monfort brine immediately upon notification by the Weld County Health Department that this was not an approved waste stream. Please note, however, that the previous Director of the Weld County Health Department was fully aware of the disposal of Monfort brine at NCB and had given 1is approval for that disposal. However, that verbal approval was not verified in writing. Further, please consider that NCB made no effort to conceal or deny the acceptance of this waste stream, and that NCB acted in good faith in accepting this waste as NCB believed it had been approved. I have enclosed a copy of Northern Colorado Brine's response to Weld County Health Department regarding this waste stream. Please call if you have any additional questions or concerns regarding this matter. Sincerely, Patty Deplazes cc: Trevor Jiricek, Weld County Health Department Keith Schuett, Weld County Department of Planning Weld County Board of Commissioners Mike Cervi, Northern Colorado Brine fr.5_ February 2. 1993 • • Eastern Plains Environmental Service P.O. Box 142 Pierce, CO 80650 Mr. Trevor Jiricek • Solid and Hazardous Waste Specialist Environmental Protection Services Weld County Deportment of Health 1517 16th Avenue Court Greeley, CO 80631 Dear Mr. Jiricek, REF: NORTHERN COLORADO BRINE CERTIFIED LETTER NUMBER P186978272 7 8272 in response to your letter dated January 25, 1993 and received by Northern Colorado Brine January 29, 1993, NCB has ceased accepting hide washing waste water from Monfort. This waste was accepted under the belief by NCB that approval had previously been granted by WCHD personnel. Please consider that no attempt was made by NCB to deny or disguise acceptance of this waste, as we believed it had been approved as on alternate waste stream. Again, we have ceased taking in this waste and regret the misunderstanding that caused us to accept this product. Please call if you have further questions or concerns regarding this matter. I may be reached at 897-2439 or 454-3452. Sincerely. Patty Deplazes CC: Kieth SCtuiett, Weld County Planning Mike Cervi, Northern Colorado Brine 1Xi tit 910056 • * 1- = d t _ .- cZ �la,�t► o 5 3 . * * • • . . * cC fb • V . . __al( awl 0 * *_ • . • 3 L lib, ph 1 . . . • • * w i St •_ F v� h s e 0'' I 0° E cc x W • '•• T.N.w00;9-0V9N3d • SI006 ID Gs In C G C O A O o - a J u o aA [9.- . \� Q c o ll o �/ V U0 . xNO o \in 3 ;U ! a'0 an io { En o \/ d a .. ..... r, 0. .SL .st, .OSI 11. .OZ I • •,:, ',T, n I II at a J N N W v n n ■ v • , 3 ". • z p 0 0 m 3 15 . I i n . ko J S II CU Vill J ■ L ��fl7 • U "0 irf to ■ On 0 8 • L ■ a n B a •• II c,m a u . 9 • n .y a^ a 0 0 (] Q N r m_ S \ V X � W .�.Nauua4e0Qtl9N3d�' t it eN a tu v a a oon Q X Q 4 o I gag k t q, I-. aC r 4 Z La....__ 10 M I b.:: be E ga " a x bto 4 2 Q M e. Z v 940056 m NORTNEc v (m s4AP 8R' 41 W� bass av eiv45 f'N'auualeg-OVON3d 1.:r {{pp SOOTS) S / 0S po wo S�4 f hr • RY.l I Nod71t la F iv Nos SA 436 Olen" 4A ATP/ of- 06-93 0� ____ EASTERN PLAINS ENVIRONMENTAL SERVICE PATTY DEPLAZES Bus. (303) 454-3452 P.O. Box 142 Home (303) 897-2439 Pierce, CO 80650 April 6, 1993 Keith Schuett Weld County Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Dear Mr. Schuett , On behalf of Northern Colorado , please review the enclosed document regarding the compliance inspection you conducted at Northern Colorado Brine on March 9 , 1993. In addition, please note that there are now only four (4) frac tanks on site . As noted, it is not known how many tanks will be needed to complete -the skimming of the ponds , and NCB requests approval to retain the tanks on site until the skimming process is completed . Skimming will be completed as soon as weather conditions permit . Please call if you have any questions or concerns about this matter. Sincerely , Patty Deplazes enc. cc: Mike Cervi , NCB Trevor Jiricek, WCHD EXHIBIT -15.3 3,100 5-9 • • NORTHERN COLORADO BRINE--COMPLIANCE ISSUES--USR 540 • RE: March 9, 1993 compliance inspection, Weld County Planning Department Keith Schuett, Planner Northern Colorado Brine has made diligent efforts and significant progress in attempts to address all compliance issues at the NCB facility, and to bring the facility fully into compliance. Due to the extreme weather conditions of the past winter, and the fire that occurred at the facility November 16, 1992, there have been a greater than usual number of problems relating to repair and maintenance at the site. Wet weather conditions continue to hamper efforts to complete all necessary repairs at NCB. However, Northern Colorado Brine believes that significant progress has been made, and is determined to continue in every possible way to correct all areas of concern at NCB. Northern Colorado Brine presents the following document in order to demonstrate the efforts that have been made in the past to correct all problems at NCB, as well as to outline the intentions of NCB in addressing all remaining compliance issues at the site. s(+o re a tact, Ct. DEPARTMENT OF PLANNI NG SERVICES ip PHONE(303)353.3845, EXT.3540 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO March 11, 1993 Northern Colorado Brine c/o Mike Cervi 10600 Weld County Road 54 Milliken, CO 80543 Subject: ZCH-98 Dear Mr. Cervi: An on-site inspection of your property was conducted on March 9, 1992, to determine if the Conditions of Approval and the Development Standards placed on your property at the time USR-540 was approved by the Board of County Commissioners are in compliance. The inspection revealed violations of Development Standards 1, 6, 7-A, 7-H, 7-I, 7-J , 8-A, 15 and 16 #. A copy of these items from the approved resolution are enclosed. The Use by Special Review area must be brought into compliance with the Conditions of Approval and the Development Standards within 30 days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review permit. If you have information that may clear up this matter, please call or write. Sincerely, Current Planner KAS/sfr enclosures pc: Patricia DePlazes Eastern Plains Environmental Services P.O. Box 142 Pierce, CO 80650 9-'00. S DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT.3540 i �e WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO80631 COLORADO March 12, 1993 Northern Colorado Brine c/o Mike Cervi 10600 Weld County Road 54 Milliken, CO 80543 Subject: ZCH-97, USR-540, located on part of the NE4 of Section 26, and part of the NW4 of Section 25, all in T5N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Cervi: Notice is hereby given that on Monday, April 12, 1993, at 9:00 a.m. , or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 24.8.1 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number USR-540 for compliance with the Operation Standards as approved by the Board of County Commissioners on December 12, 1983, to determine if probable cause exists to hold a hearing on revocation of USR- 540. Inspection by representatives of this office have identified that you are not in compliance with all approved Operation Standards of USR-540. If it is determined at the public hearing that there is probable cause that you are not in compliance with Operation Standards as approved by the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please telephone. Respectfully, _i%/ - h A Sch Current Planner - pc: Eastern Plains Environmental Services c/o Patricia DePlazes P.O. Box 142 Pierce, CO 80650 INSPECTION REPORT NAME: Northern Colorado Brine, Mike Cervi P.O. Box 5714 Denver, CO 80217 LEGAL DESCRIPTION OF THE PROPERTY: Part of the NE4 of Section 26 and part of the NW4 of Section 25, all in T5N, R67W of the 6th P.M. , Weld County, Colorado. CASE NUMBER: USR-540 ZCH-97 ZCH-98 DATE: March 9, 1993 The property was reinspected to determine compliance with the approved Development Standards. Trevor Jiricek, of the Weld County Health Department assisted on the inspection. During the inspection it was determined that the property is not being operated in compliance with following Operation Standards 1, 6, 7-A, 7-H, 7-I, 7-J, 8-A, 15, and 16. 9 0 . 6 NORTHERN COLORADO BRINE -- Probable Cause Hearing -- April 12 , 1993 Exhibit A -- Operation Standard #1 Receipt of alternate waste streams Exhibit B -- Operation Standard #1 , #7-I Frac tanks on site , pond skimming Exhibit C -- Operation Standard , #1 , #7-A, #15 Construction of Pond 4 Exhibit D -- Operation Standard #1 Height of berms Exhibit E -- Operation Standard #1 • Freeboard Exhibit F -- Operation Standard #1 ' Volume received Exhibit G -- Operation Standard #1 , #8-A , Retention Time Exhibit H -- Operation Standard #1 Records on site Exhibit I -- -Operatioh Standard #1 Contaminated Soil Exhibit J -- Operation Standard #1 , #7-J Aeration , odors Exhibit K -- Operation Standard #6 Fence Exhibit L -- Operation Standard #7-H Depth of brine , guage rods Exhibit M -- Operation Standard #16 Operator responsibility 31 0956 • NORTHERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 1 Operation Standard Number 1 states as follows: The use shall be an oil and gas brine water disposal and oil recovery facility as described in the submitted application materials. No hazardous wastes or nonhazardous industrial waste shall be allowed at the site. The facility shall be designed, constructed, and operated to comply with the Colorado Department of Health Solid Wastes Disposal Sites end Facilities Act, Title 30-20, Part 1, CRS 1973, as amended. The use of the property has not been limited to the oil and gas disposal and oil recovery facility as described in the submitted application materials. 9110056 NORTHERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 1 Materials other than brine water have been disposed of at the facility .(Receipt Numbers 40925 and 40862 indicate that motor oil and ocher materials were disposed of at the facility) . All haulers have been reminded that NCB is approved to accept oil and gas brine and production water only. No other wasted will be accepted without prior approval by Weld County Health Department. 3100:x6 February 2, 1993 • • Eastern Plains Environmental Service P.O. Box 142 Pierce, CO 80650 • • Mr. Trevor Jiricek Solid and Hazardous Waste Specialist Environmental Protection Services Weld County Department of Health 1517 16th Avenue Court Greeley, CO 80631 Dear Mr. Jiricek, REF: NORTHERN COLORADO BRINE CERTIFIED LETTER NUMBER P186978272 In response to your letter dated January 25, 1993 and received by Northern Colorado Brine January 29, 1993, NCB has ceased accepting hide washing waste water from Monfort. This waste was accepted under the belief by NCB that approval had previously been granted by WCHD personnel. Please consider that no attempt was made by NCB to deny or disguise acceptance of this waste, as we believed it had been approved as an alternate waste stream. Again, we have ceased taking in this waste and regret the misunderstanding that caused us to accept this product. Please call If you have further questions or concerns regarding this matter. I may be reached at 897-2439 or 454-3452. Sincerely, Patty Deplazes CC: Kieth Schuett, Weld County Planning Mike Cervi, Northern Colorado Brine 94006 EASTERN PLAINS ENVIRONMENTAL SERVICE P.O. BOX 142 PIERCE, COLORADO 1-897-2439 or 454-3452 February 10, 1993 Mr. Roger Doak, Geologist Solid Waste Section, Hazardous Waste and Waste Management Division Colorado Department of Health 4300 Cherry Creek Drive South Denver, CO 80222-1530 Re: Certefied Letter # 860 418 649 Dear Mr. Doak, In response to the above referenced letter: Northern Colorado Brine ceased accepting the unauthorized Monfort brine immediately upon notification by the Weld County Health Department that this was not an approved waste stream. Please note, however, that the previous Director of the Weld County Health Department was fully aware of the disposal of Monfort brine at NCB and had given his approval for that disposal. However, that verbal approval was not verified in writing. Further, please consider that NCB made no effort to conceal or deny the acceptance of this waste stream, and that NCB acted in good faith in accepting this waste as NCB believed it had been approved. I have enclosed a copy of Northern Colorado Brine's response to Weld County Health Department regarding this waste stream. Please call if you have any additional questions or concerns regarding this matter. Sincerely, Patty Deplazes cc: Trevor Jiricek, Weld County Health Department Keith Schuett, Weld County Department of Planning Weld County Board of Commissioners . Mike Cervi, Northern Colorado Brine • NORTHERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 1 The facility is being used for oil field squipaent storage. 6 from tanks, other than the two on sits for pond skimming, ass being stored on site. The frac tanks presently located on the NCB property are intended for use in holding oil skimmed from the ponds. It is not known at this time how many tanks will be needed in the skimming process. Northern Colorado Brine requests approval to retain these tanks. on site until the pond skimming is completed. NORITIERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 1 Pond skim is allowed to accumulate on the ponds, not allowinj for property evaporation. The unusually cold weather conditions have adversely affected the efficiency of skimming the oil from the brine at NCB, and there is presently some oil on the surface of the ponds. Ponds A, B and D have been boomed so that the oil may be skimmed as soon as the berms dry out sufficiently to allow a truck on the berms. When the skimming of these ponds is completed, the boom will be permanently installed on Pond C in order to prevent the future release of oil into any of the other ponds. A regular skimming schedule for Pond C will be implemented. I, 9400 NORTHERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 1 The depth of all ponds are not consistent with the application materials. The pond depth is not to exceed 5 feet (30 inches for freeboard, 6 inches for salt accumulation, and 24 inches for brim* water) . Pond E is more than 30" deep. Northern Colorado Brine submitted detailed drawings to Weld County prior to construction of Pond E, and the construction of the pond was approved. Building permits were issued and the construction of the pond was monitored and inspected by Weld County Health Department and the Colorado Department of Health. The depth of the pond was not questioned either prior to or during construction, and the finished pond was approved by WCHD and CDR. 1013s. mEMORAnDum � ►�q j�L keel+ti ASA� -,., To Roard of County Commissioners pats October 0. 1992 CLZ L 2e 1' ' Pi COLORADO prom Keith A Schuett, Current Planner �4�r subject: Expansion of ponds at Northern Colorado Brine. On December 12, 1983 the Board of County Commissioners approved Special Review permit 540 for an oil and gas brine water disposal and oil recovery facility. As part of the approval a future pond was shown on the recorded plat. Mr. Mike Cervi, facility owner, is requesting to be allowed to construct two ponds. Both ponds would be located in the area shown on the Use by Special Review plat for a future pond. A copy of this request was sent to the Health Department for review. The Health Department has expressed a concern about allowing the expansion to occur at this time. Numerous odor complaints have been received and an odor violation is scheduled for a hearing with the Colorado Department of Health, Air Quality Division on November 16, 1992. The Department of Planning Services' staff offers the following options. 1. Allow the construction of two ponds to occur within the area shown on the plat after appropriate building permits are obtained. 2. Do not allow the expansion to occur until the outcome of the hearing with the Colorado Department of Health on the odor violations are known. Please initial one of the following categories and return to the Department of Planning Services. Thank you. Option #/1 Option #2 Work session George Kennedy Constance Harbert C.W. Kirby out/ Gordon Lacy ) -y Z. Y l� W.H. Webster 94'00yP C WORK SESSION MINUTES: NOVEMBER 9, 1992 All Commissioners Present Staff: Vicky Sprague Northern Colorado Brine: John Pickle, Lee Morrison, Chuck Cunliffe, Ken Lind, Vern Nelson and Mike Cervi Mike Cervi of Northern Colorado Brine has asked to be allowed to construct a new pond. It would be placed in the area shown on the Use by Special Review plat for a future pond. John Pickle stated that he has no problem with the additional pond, but he is concerned about overall odor problems. There have been two documented odor violations. One of those violations has resulted in an air quality hearing being scheduled. Operation Standard 7J of the original permit requires that the company aerate and have an odor abatement plan in place. Representatives admit aerators have not been functioning properly. In the last several days, they have replaced PVC pipes with copper units in an effort to improve aeration. They also feel that the odor is worse during autumn months due to natural turnover of the ponds. Enzymes have been added to neutralize the ponds. They are hoping that by taking advantage of new technology odors will be reduced. More wastes are being generated due to increased drilling activity, and the ponds are over filled. Consequently, adding an additional pond is also seen as a means to reduce odor. Vern Nelson, a consulting engineer, was recently engaged to work on the problem. Mr. Nelson will try to determine bacterial activity by researching Health Department files for water analysis of the ponds. Lee Morrison stated that the company needs to formulate a plan for the Health Department to review prior to the hearing. Ken Lind said the odor abatement plan will be completed by Monday, November 16. The board agreed to issue building permits for the construction of a new pond; however, Mr. Cervi will proceed at his own risk pending the outcome of the air quality hearing. I 9'1 Joa rg iDEPARTMENT OF HEALTH I 1517.18 AVENUE COURT GREELEY.COLORADO 80631 C. LDMINISTECTION (303)353-0586 HEALTH PROTECTION (303)353-0635 COMMUNITY HEALTH (303)353.0639 COLORADO December 4, 1992 Mike Cervi Roggen Disposal Inc. 'tNorthern Colorado Brine P.O. Box 169 Sterling, CO 80751 Dear Mr. Cervi: I am writing to confirm the general content of the meeting which took place at Northern Colorado Brine, Tuesday, December 1, 1992. Present at the meeting were: Roger Doak, Colorado Department of Health; Vern Nelson, Nelson Engineers; and of course you and myself. At this meeting, it was expressed that the Roggen Disposal, Inc. proposal, November 25, 1992, was inadequate as submitted. The following documentation was requested to complete the proposal and thus allows the Environmental Protection Division of the Weld County Health Department and the Hazardous Materials and Waste Management Division of the Colorado Department of the Health to complete the necessary review of the proposal prior to construction: 1. Provide all manufacturer specifications in regard to the proposed liner. Particularly, information, test data, etc. demonstrating the compatibility of the liner for the waste this facility is approved to accept. 2. Provide all quality assurance and quality control measures which will be incorporated to ensure adequate installation of liner, i.e. , destruction/construction tests of materials. 3. Provide an engineered plan on the method in which the liner is to be installed and anchored. 4. Provide an engineered plan on the specific construction of the facility. Specifically, the method in which the three (3) ponds will be joined. 5. Discuss and justify the classification of the impoundment. r � � v II DEC 0 7 1992 ILA wpld court,alannino • Mike Cervi Roggen Disposal Inc. \Northern Colorado Brine December 4, 1992 Page 2 6. According to Section 6.5.7 of the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities", "All waste impoundment facilities shall be provided with a means of quickly and accurately determining the total volume of wastes in each impoundment. . . .by correlation with the depth of wastes." Provide an engineered plan specific to this requirement. In addition to the above requests, the construction of the new pond at the Northern Colorado Brine facility was discussed. The following information must be provided to both Weld County and the Colorado Department of Health for review and approval prior to the incorporation of this new pond: 1. All compaction and permeability testing results conducted must be submitted. In addition, any other quality assurance and control data incorporated during the construction of the facility must be provided. If you have any questions, please contact me at 353-0635. Sincerely, Trevor Jiricek Solid and Hazardous Waste Specialist TJ/2443 cc: Roger Doak, Colorado Department of Health Keith Schuett, Weld County Planning Department Vern Nelson, Nelson Engineering • Otte, v 2.'`' mEmoRAnDum t File Jaxv.z si11, 1993 To Daq .. ��I.YY ce COLORADO Trevor Jiricek, E.P.S. From Northern Colorado Brine Subject: I conducted two visual inspections of the newly installed evaporation pond at Northern Colorado Brine December 22, 1992 and again January 7, 1993. After reviewing all pertinent documents, etc. verbal permission was given by the Hazardous Materials and Solid Waste Division of 'the Colorado Department of Health on January 7, 1993 and this Division to begin use of the pond. However, on January 8, 1993, I conducted a visual inspection to observe the progress of filling the new pond and observed severe erosion in the new pond due to filling practices. Three obvious channels had eroded beginning at the eastern end of the rip-rap and running approx 350' in length and 5' to 20' wide. These channels had eroded from 6-24" of liner material away. This was documented on this day by 12-15 photographs. I discussed the current situation with the pond engineer, Vern Nelson, Mr. Nelson stated that a letter outlining the erosion and reparation of the liner would be forthcoming. I requested that compaction and permeability testing be completed on the repaired liner then forwarded to this Division as well as the Colorado Department of Health. 944OtE /-_ STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH Dedicated to protecting and im ng the health and : environment of the people of braJo _ r •«': .t 4300 Cherry Creek Dr.S. Laboratory Building R E C ! I \f V C Denver,Colorado 80222-1530 4210 E.11th Avenue - £Af!I',.4...V CNISWI Phone(303)692-2000 Denver,Colorado 80220.3716 (303)691X700 Pay Bonn u A` S t 95 Castor January 11, 1993 ' / hbida A Nolan,MD.MPH Tap � liri,.+1r tdr11 nr;,- firaakae OkeOor • Mike Cervi t 7 li .:t1 rr+.�.T1!.1 t:_ c. P.O. Box 300397 Denver, Colorado 80203 RE: Northern Colorado Brine Disposal Amendment to the Design and Operation Plan Weld County, Colorado Dear Mr. Cervi: This letter is intended to summarize the events which occurred during the period from December 10, 1992 thru January 7, 1993. The following events relate to activities at the Northern Colorado Brine Disposal (NCBD), Weld County. December 10 Weld County Health Department notified the Hazardous Materials and Waste Management Division of the Colorado Department of Health (the Division) that NCBD was planning on connecting the three existing impoundments with the newly constructed impoundment (pond #4) via subsurface piping. December 11 Mike Cervi, owner and operator of NCBD was notified, by the Division, that the piping construction was not included in the site's approved design and operation (D&O) plan, and would constitute an amendment to the original application. The Division and Weld County must approve any change in the D&O plan. Mr. Cervi faxed a map with information on the piping plan and compaction test for pond #4. December 21 The Division reviewed the submitted information from December 11th. The information provided was not adequate to complete the review. The Division faxed its concerns to Vern Nelson, consultant for Mr. Cervi. December 22 Mr. Nelson faxed response to the Division's questions concerning the piping plan. 3 O(p Mike Cervi Northern Colorado Brine Disposal January 11, 1993 Page 2/3 December 28 The information sent by Mr.Nelson on Dec. 22nd was reviewed by the Division, all concerns were adequately addressed. December 30 A verbal approval was given to Mr. Cervi for construction of the piping. December 31 The Division completed its review of the permeability and compaction tests submitted for pond # 4. Two permeability test were taken. One test failed to meet the specifications detailed in the D & O plan. Mr. Cervi and Mr. Nelson were notified that an additional permeability test must be preformed for the liner material and that the sample should be taken from the area were the test had failed. January 7 The result of the permeability test was faxed to the Division. The data was reviewed, the test met the specifications detailed in the D&O plan. Mr. Nelson was notified that pond #4 had met the requirements of the D&O plan for the facility. The Division requests additional information concerning the rip rap and filter material used for the inlet pipe, pond #4. 1. Identify specifications of the rip rap and filter material. 2. Provide dimensions (thickness and aerial extent) of the filter and rip rap material. The Division requests that all data and information regarding the piping plan and construction of pond #4 be placed in a comprehensive document and submitted to the Division within thirty (30) days of receipt of this letter. The Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. as amended gives authority to the Colorado Department of Health to charge a review fee for amendments to an original application,which would include the design and operation plan. The current fee is $72.47 per hour. 34.100,7; Mike Cervi Northern Colorado Brine Disposal January 11, 1993 Page 3/3 These conclude the Division's comments concerning the piping plan and construction of pond #4, Northern Colorado Brine DisposaL If you have any questions please contact me at (303) 692-3437. ic)5.4 Sincerely, Zct-\-- Roger Doak Geologist Solid Waste Section Hazardous Materials and Waste Management Division cc: K-J. Pickle, Weld County Health V. Nelson, Nelson Engineering File: SW/WLD/NOR f 91007,6 ' Nb 4 Cos15Ta-Jm / NELSON ENGINEERS 822 7TH STREET GREELEY,COLORADO 80631 (303) 356-6362 • January 15, 1993 Mr. Mike Cervi P.O. Box 30097 Denver, CO 80203 Weld County Health Department Attn. : Trevor Jiricek 1517 16th Avenue Court Greeley, CO 80631 Colorado Department of Health Attn. : Roger Doak 4300 Cherry Creek Drive, South Denver, CO 80222 RE: Northern Colorado Brine - Road 54 E-Vap Park Completion of Construction of Pond #4 Dear Sirs: On November 9, 1992, Mr. Mike Cervi, Mr. Ken Lind, and Vern Nelson met with the Weld County Commissioners to discuss certain activities at the Northern Colorado Brine location, the subject of this letter. A discussion was held regarding the odor problems emanating from that facility and more importantly a discussion was held regarding methods of alleviation of the odor problem. All parties in the meeting agreed that there is an urgent need to not only solve this problem, but also an urgent need for a disposal facility to accommodate the existing local oil and gas industry. Apparently most of the disposal sites seem to be overloaded and are in need of expansion. The decision of the Board of Commissioners at that meeting was to issue a building permit for the development of a new pond at Northern Colorado Brine. This new pond, denoted Pond Number Four, was to be constructed as an important step toward helping to alleviate some of the odor problems. As a result of the commissioners action, a building permit was issued by the Weld County Inspection Department and construction was started on the new pond in earnest on November 16, 1992. Construction continued through January 6, 1993 with Nelson Engineers providing general construction observation and Empire Laboratories, Inc. providing testing for compaction, confirming PAGE 2 OF 3 materials capability for liner, and permeability testing. Earthwork was completled on or about December 12, and both the Weld County Health Department and the Hazardous Materials and Waste Management Division of the Colorado Department of Health were notified of that earthwork completion. Preparations were made to install connecting piping to begin discharge of brine into Pond Number Four. On December 11, Mr. Mike Cervi was notified that piping construction was not included in the approved design and operation plan, and such construction would require an amendment to the original application. That application would require approval of both the Division and Weld County. The amendment information, including the piping details, was submitted on December 15, 1992 and approved on December 28, 1992. The approved piping was installed on December 29 with necessary compaction testing being accomplished. As reviews continued by the Division, additional permeability testing was required to comply with the original filed 1983 Design and Operation plan. The testing was completed on January 7, 1993 with the results meeting specifications of the 1983 plan. The permeability rates of tested acceptable fill and liner material was less than . 03 feet per year. On January 7, 1993, upon inspection by Weld County and authority from the State Health Department, water was allowed to flow into Pond Number Four through the new piping system. The valve was left full open all night and resulted in the development of some erosive channels in the bottom of Pond Number Four. Upon inspection on Friday morning, the valve was immediately closed to avoid any further erosion of the pond bottom. Clayey material from the on-site sources was imported into the pond area, spread in layers in the eroded areas, and compacted to a minimum of 95% of maximum dry density. In addition, a permeability evaluation of the clayey material was completed. Temporary discharge piping was installed to eliminate further erosion in the pond liner. As the pond is filled, the temporary piping will be removed. The corrective work was started by late morning on Friday and finished the following Monday. Upon a favorable permeability test result on the imported clayey material of 0.021 feet per year on January 14 , 1993, permission was granted to fill the pond. Brine water is being discharged at a slow rate into Pond Number Four as of January 14, 1993 . Filling will continue as brine water is delivered to the site. a'OOs PAGE 3 OF 3 This submittal includes the following pertinent information derived during the construction of Pond Number Four: 1 . Results of 99 field density tests on the dike and pond bottom taken during construction and dated November 16, 1992 to December 12, 1992 as accomplished by Empire Laboratories, Inc. , along with a test location map. 2. A map showing the proposed installation of connecting piping between Ponds 1, 2 and 4 at Northern Colorado Brine. 3. Results of six field density tests on the connecting pipe backfill taken on December 29, 1992 by Empire Laboratories, Inc. 4 . Results of ten Atterberg limit tests of the pond bottom taken December 8, and December 10, 1992 by Empire Laboratories, Inc. 5. Results of four permeability tests of the dike fill material and the pond bottom material taken during construction by Empire Laboratories, Inc. 6. Results of six field density tests on erosion backfill in pond taken on January 9 and January 11, 1993 by Empire Laboratories, Inc. 7. Volume and surface area tabulation for Pond Number Four at Northern Colorado Brine. Volume is given in cubic feet, gallons, and barrels as those relate to the tabulated gage rod readings. 8 . A drawing showing the as-constructed facility including location of discharge system, piping, finished elevations and gage rod . The foregoing narrative with the accompanying items one through seven identified above provides documentation and record information regarding the subject construction. If there are questions, please contact my office at 356-6362. Respectfully, NELSON ENGINEERS OWLLaVern C. Nelson, P.E. LCN:pa Attachments fd )0y,p adisiG skEASTERN PLAINS ENVIRONMENTAL SERVICE PATTY DEPLAZ88 Bus. (303) 454-3452 P.O. Box 142 Home (303) 897-2439 Pierce, CO 80650 March 30, 1993 Mr. Roger Doak, Geologist Solid Waste Section, HMWMD • Colorado Department of Health 4300 Cherry Creek Drive South Denver, CO 80222-1530 Dear Mr. Doak RE: CERTIFIED LETTER # P860418511 MIKE CERVI, NORTHERN COLORADO BRINE, POND E On behalf of Northern Colorado Brine, please consider the following response to Certified Letter #P860418511 dated 03/25/93 and addressed to Mike Cervi, Northern Colorado Brine. Northern Colorado Brine believed that the construction of Pond E had been fully reviewed and approved by the regulatory agencies involved. The drawings submitted by Nelson Engineers prior to construction of Pond E (Pond 4) clearly indicate the depth of Pond E. The gauge rod detailed on those drawings is clearly marked from one (1) foot (GR1) to 13 feet (GR 13). Elevations of the floor and berm of Pond E are clearly marked. Submittal of these detailed drawings was considered by Northern Colorado Brine to be clear and complete notification to Weld County that the depth of brine in Pond E was intended to exceed 30" depth. Pond E volume calculations to a depth of 10' were submitted to Weld County Health Department and Colorado Department of Health by Nelson Engineers. Pond E was designed and constructed to contain maximum depth of brine while still providing the required 30' of freeboard. The actual depth of brine will vary depending on weather conditions, evaporation rates, drilling activity, etc. At least thirty inches (30") of freeboard will be maintained at all times. In addition, Pond E was monitored and visually inspected during construction by Weld County Health Department and Colorado Department of Health personnel. The depth of Pond E was not questioned either verbally or in writing and the pond was approved by WCHD and CDR. Mr. Nelson of Nelson Engineers was notified that Pond #4 ( Pond E) had met the requirements of the D & O plan for the facility. 94 ,;8 • The fact that building permits were issued and the design submitted for Pond E was not questioned by Weld County Health Department, Weld County Planning Department or Colorado Department of Health was considered by NCB to be approval.of the submitted design by those agencies. The regulatory agencies involved did not ask for an amendment to the D & O prior to or during the construction of Pond E. However, if there was a misunderstanding between Northern Colorado Brine and the regulatory agencies involved in the construction of Pond E, Northern Colorado Brine is willing to work with those agencies in order to come to a timely and agreeable solution to this matter. Please advise me at your earliest convenience what process and procedures you suggest be followed to satisfy this question. I may be reached at 454-3452 or 897-2439. Please call if I may be of further assistance in this matter. Sincerely Patty Deplazes cc Weld County Board of Commissioners Mike Cervi, Northern Colorado Brine Trevor Jericek, Weld County Health Department Keith Schuett, Weld County Planning Department .1 '0.rP, , NORTHERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 1 • The height of pond berme have been raised. The height of the pond berms has not been raised. The berms have been graded and ruts left from the heavy equipment used in putting out the November 16,1992 fire have been repaired. The wet, snowy winter also caused some ruts to be formed on the roads between the ponds. However, in many areas, grass is growing along the outer slope of the berm to the crest of the berm, further indicating that the berms have not been raised. �'J O05S NORTHERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 1 Ponds do not comply with the minimum freeboard of 30 inches. Pond A had less than 30 inches of freeboard. Freeboard is a part of the 5 foot pond depth from the top of the pond liner (3O inches of freeboard, 6 inches of salt accumulation, and 24 inches of brine water) . Freeboards at the facility are monitored daily to maintain the required 30". NCB will close temporarily as needed to maintain adequate freeboard. 94.100 P NORTHERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 1 The facility is accepting sore waste than it was designed for. The facility was designed for no more 'than 15.000 gallons (500 barrels) per day. The facility has received as such as 9,000 barrels La a day. Disposal of production water at NCB has dramatically increased due to a temporary increase in drilling activity, and due to the fact that other disposals in Weld County have had a limited amount of pond space available to accept water, As warmer conditions increase evaporation rates, and with the projected opening of the Conquest injection well, the disposal of waste at NCB is expected to decrease. The increase in need for disposal was one of the reasons for the construction of Pond-E. 94005g $ 3 Zg W x N. Y h� < x u p Z � ••-• tv M x � ToTo Y ' K M- ; o t U < a p wNZ rS a. u., e $ C 0 i 1 O < Z ygo Z 0j �� p m r'$ r. Y S ..7, in G' I N fJ u 8 s s y � " c6 rs c p ct s ' ° v Z < W m 0 W 04 3 < 5 = � .5.,,o'64 51 5 .2 E� 4::..s.,-2 Z � � X P `^ a" n` V $ov Zf- i ^ 0 v ' s m Is" 0 lob I- Z ill L . M In JPt �u I- tt r- a F bt II. a > CNC ° < L E 'o = ¢ .. S. x COI g o VI < i `~3. P ...._ O IS �K V E g D _ ? •� V W .. 1n - - l O e SI 8 t_. € — I e ! u a J i •' la _ 6 i �6 2 < 1 3 •. x .23 '� - S - a E , o I. `____r s ` 0, o i i. € e V •E " w a 6 5 t 3 4 W lks 6 s :k w m u V al 0 W rn v&{� Q t r i 6 re th I"- et ii 2 `o < .! a t ; I. 3 3 3 r Li S 7 JF f k S• W V E ° a. g n �' 'Z' E ��„ 2 .E N I�O c V` n 3 K S =� — r at t4 E y� S JJ v 9 s MCO racja ID o y _ - be 1 P. 1 <"? = Z q Z ,m T M J C • Y < Z W < Z _a 1 ! b. • -. it7 x a f g c i ;EC' z s ; * E . .. .<1 ‘,. ... 1O ... z W 4 .• c c W < LL �� h O [ - 1 O d Z 1 J .$ C B i a U .Y L 1 O -I E : g Z F K Z < W `o < a W E Z� Z. a Z V [J .:C. 'e Z N {.. O N W 6. xx �� y L- 0- xis. 'C C O O O ` :•1 w � !-I 5 < 8 W < Z i y_� in 4..6 2 : Al cy. 0 Z. ..• U , 5 v. r n LL. I 0. U 9/100.-P ' NORTHERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 1 The facility was designed for a retention time of 72 hours. Retention time of the brine water is as low as 4 to 6 hours with the amount of water being received. • With the increased levels of disposal at NCB, retention times through the skim tanks are reduced. However, testing performed by Cenref Labs of Brighton indicate that 96-99% of the oil in the brine is being removed with 6-8 hours of retention time through the skim tanks. Northern Colorado Brine is now processing all incoming brine through Pond C, prior to release into any other pond. After skimming of all ponds is complete, Pond C will be permenantly boomed to contain any residual oil, and a regular skimming schedule will be implemented as needed. NCB believes that this will provide a very effective and satisfactory solution to the reduced retention time caused by the temporary increase in demand for disposal at NCB. s‘,1®n p CCI4PANY NAME: Northern Colorado Brine �.. C IREF PROJECT NUMBER: PR930529 Oil and Grease Analysis I4 413.1 CFSIREF SAMPLE IDENITFICATION SAMPLED SDL RPS TFT SAMPLE No ( ma/1) ( ma/li 1863 NCB Dump Pit 8 3/2/93 10 190 1864 NCB C mp Pit 6 3/2/93 • 10 380 BDL = Below Sample Detection Limit SDL = Sample Detection Limit CenrefLcf s 00.7g A" i ROAD 54 E-VAP P-ARK WELD COUNTY , COLORADO 1 1 For Arvin Martensen L Project No . 8232A 4 October , 1983 Prepared By Norton , Underwood and Lamb , Inc . Engineering Associates Greeley , Colorado 940056 a manner as to avoid damaging the liner and disposed of by sell - ing for another use or hauling to a solid waste disposal facilit: . The disposal site ' s location near the top of the hill reduces the drainage area above the site to zero . The site will be graded so that the small amount of runoff water will be channeled around the evaporation ponds and into the drainage ditch on the south side of County Road No . 54 . The top of the pond walls and concrete tanks will be set a minimum of 12 inches above grade and the ground will be sloped away from these structures . The inside of all tanks will be coated to minimize seepage from the tanks . The site will be fenced to prevent unauthorized access to the ponds . During the initial filling of the ponds , an average of 25 loads per day will be brought to the site until June 1 , 1984 , the start of the four month evaporation season . The four concrete tanks will hold a total of 2000 barrels which is equal to the total water brought to the site per day , at 25 loads per day . This provides a minimum of 24 hours between the time the production water is brought to the site and when it reaches the ponds . This will allow the oil to separate completely from the water before the water reaches the ponds . The schematic diagram on Exhibit No . 1 shows the tank layout and piping . The tanks will be covered with one inch square mesh to prevent access to the tanks by wildlife especially water fowl . -4- 941005S Neve PROPOSED PROCEEDURE The former application for this site proposed to build only the three ponds of three acres each. Considerable oppos- ition arose due to a greater apparent need than this site would satisfy without overloading its capability. In view of this rapidly increasing need, it is proposed that the permits be re- quested in three seperate applications or Phases. Phase I will continue the original proposal, with the provision that an office-residence will be placed on site to provide continual supervision of this site. This resident manager will monitor all traffic from the first day of operation and receive all carriers of production waste water. Phase II application will follow immediately upon the issuance of the Permit for Phase I. This expansion will be very similiar to that proposed in the Engineer's letter to the County Planning Department of March 21, 1983. If it becomes evident from the initial operation that increased skim tank capacity is required for the increased volume of intake, those tanks will be added. Phase II will be built as soon as the ' permit is issued. Phase III will be proposed on land lying to the West of Phases I and II. This Phase would only be the addition of more evaporation ponds, should the need demand. It should be noted that it is proposed that this entire site will be designed to operate without the use or dependancy upon pumps to move the fluids. OPERATIONS PROJECTION BASIS: 1, Build Phase I: Open September 1, 1983. 2. Intake: Daily: 25 loads x 80 barrels = 2,000 3. Annual net evaporation anticipated: 36 inches. 4. -N6 'evaporation anticipated.throughout 8-Wint4r \ibnths. -' ;5. Total capacity: 9 acres x-30" = r174,555 'Barrels 6. Extraction of crude: 27.' + 3,491'' 7. Evaporation: 1 Summer month: 36"..4x9 acres+' 39,000 8. Total allowable intake: 217,046 9. Days of operation: 217,046 2,000 Bbls.= a4$=5?ax$ 9 tfFf1. J October 1, 1983 to May 31, 1984 ( 8 Winter Months ) Balance: Sept, '83 Intake: 60,000-crude-evaporation - 19,800 Barrel Intake: 2,000 Bbls daily x 30 days x 8 Winter months +480,000 Extraction: 27 Crude - 9,600 Evaporation: None in Winter. -0- Total quanity: June 1, 1984 490,200 Total Capacity: With Phase II: 737,010 Total quanity: June 1,1984: 490200 , Operating Margin: 246,810 June 1, 1984 to October 1, 1984 ( 4 Summer Months ) Balance: June 1, 1984 490,200 Evaporation: 36" x 38 acres -884,412 Intake: 2,000 barrels x 30 days x 4 months +240,000 Extraction: 2% Crude - 4,800 Balance: October 1, 1984 -159,012 NOTE.1.With this capacity and anticipated volume, the entire capacity will be available for the 8 Winter months accumulation. The rapidly increasing volume of intake could also be disposed of for some time to come before Phase III would be required. 2.The anticipated salt build-up consumes storage: 9,826 Barrels per year of operation of the 38 acres. • 940056 ,. - RECEIVED SANITATION DIVISION r f c ozo 44•6$r 02 198 O � CNITY !LAB OEM COLORADO DEPARTMENT OF HEALTH II . 'mac » r•' � R is h2ra D. Lamm � ' ,� Frank A Traylor.M O. Governor 1876 Executive Director October 28, 1983 • Board of County Commissioners Weld County Courthouse 915 10th Street . Greeley, Colorado 80631 Gentlemen: This Division has completed its review of the proposed Road 54 E-Vap Park brine waste disposal facility to be located north of Milliken, in Weld County, Colorado. The engineering design and operations report was received by this Division on October 19, 1983. The report and plans were reviewed to determine whether this facility could comply with the rules and regulations of the Solid Wastes Disposal Sites and Facilites Act, Title 30-20 Part 1, CRS 1973 , as amended. As you are aware, this is the second application submitted by this facility. The first application was denied by this Division on August 26, 1983, because the site is located above the Laramie-Fox Hills aquifer and the information provided was not sufficient to ensure that groundwater would be protected. The new application for this facility contains additional geohydrologic studies by Empire Laboratories and revised engineering designs by Norton, Underwood and Lamb, Inc. These additional studies 'and revised plans adequately address those issues which resulted in a denial of the previous application. It is therefore our opinion thatat.,�h, facility can comply with the Solid Waste nn,regulations if it is designedd operated in accordance with the design and procedures contained in the October 19, 1983 application. The following provisions are recommended for inclusion in the Certificate of Designation, should the Weld County Commissioners decide to approve this facility: 1) A waiver of regulation 4.2.4 be granted pursuant to regulation 1.3.8 , given the design of the seepage detection system and the geologic conditions at the site. 2) Gauge height indicators should be installed in each pond to accurately reflect the depth of liquid waste. 3) Areas of highly pervious soils encountered in the pond bottom during excavation should be removed to a depth of one foot and replaced with clays equivalent in composition and compaction density to those used for liner construction. 9410056 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 1992 MONTHLY SUMMARY - NORTHERN COLORADO BRINE Jan 18397 bbl Feb 18794 bbl Mar 15976 bbl Apr 16864 bbl May 16615 bbl Jun 12526 bbl Jul 15216 bbl Aug 14547 bbl Sep 19923 bbl Oct 21169 bbl Nov 155205 bbl Dec 117869 bbl Total -- 443101 bbl 94�'Qr►r"9, ,3y'a+ 2.2. 14 All operating records will be made available to the Department of Health and the County Board of Commissioners on request. See Section 4. 7. 6 for details as to the kinds of records to be kept at the site. • 4. 7. 6 Access to the site will be controlled by an electrically operated gate. Each truck using the site will be issued a magnetic card to open the gate. When the card is inserted the time and truck number will automatically be recorded. The driver will complete a form which will include the following information: 1, Time • 2, Hauler and truck number 3, Quantity of waste brought to the site 4, Location where waste was produced 5. Owners and leasee of lease where waste was produced 6. Driver's name and signature The forms will be developed with the Oil and Gas Commission providing input so no changes will be necessary when the new regulations governing sites of this nature go into effect. taco;4 ;' will also be kept of the daily elevations of water n the ponds, _,, and daily totals of waste brought to the site. Results of tests on samples from the french drgina end monitof na wells as described in Section 2. 2 . 5 will be kept at the site, Also results of analysis of water in the ponds which will include the following elements will be'kept : Tn,S Lead Potassium Sulfate ✓' Ph Sodium Cadmium Nitrate Phenols Chloride Maganese Total Hardness as CaC03 Iron Bromide COD Total Alkalinity These tests will be made every six months. Results of any tests performed on the liner as described in Section 4. 1. 4 will be kept at the site. Copies of all tests results will be sent to the Colorado Department of Health and Weld County Health Department. Copies of as-builts construction drawings will be kept at the site along with a record of any variations from approved opera- tions procedures and reasons for variation. s40 se NORTHERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 1 Contaminated soils are being stored on site. Contaminated soils resulting from the November 16, 1992 fire, have been removed from around the tank battery. Weld County Health Department has given verbal approval that this soil may be used to do routine repair and maintenance to the inner berms of the ponds. COMPANY NAME: Eastern Plains E wixnrmrental CENREF PROTECT NUMBER: PR930724 Total Patrolman Hydrocarbons Analysis METHOD Mod. 418.1 CENREP gAMPLE IDENTIFICATION R 3LT $AMPtk: No • (ma/ka) (ng/ka1 2722 NCB Tanks NW 10 BDL 2723 NCB Tanks E 10 BOL 2724 NCB Tanks SW 10 BDL BDL = Below Sample Detection Limit SDL = Sample Detection Limit COtMIITTIS: Genre#+ i `Coi SCE}CIZ;P • Operation Standard Number 7-J states: An aeration system shall be installed and operated on the four evaporative ponds. In the event of an odor problem emanating from the ponds, an odor abatement program shall be instituted. An aeration system has not been installed on all ponds and an odor abatement program has not been instituted to eliminate the existing - odor problem. 9C00:;r NORTHERN COLORADO BRINE--COMPLIANCE ISSUES--OPERATION STANDARD # 7-J Northern Colorado Brine will replace the existing aeration system with a system shown to be more efficient at aeration and more effective in reducing odors. It is expected that the installation of the new system will have a beneficial effect on odors at the site. The new system will also be installed on Pond E. In addition, NCB has retained the services of Eastern Plains Environmental Service. EPES is able to provide the services of a Colorado Department of Health Certefied Nose, to more effectively monitor odors at the site. Odor readings are taken with a Barnebey-Cheney Scentometer, according to the Colorado Air Quality Control Regulation 2. Also, NCB has done testing of the pond waters at the facility in an effort to determine the cause and nature of odors at NCB, in order to more effectively minimize odor problems at the site. The construction of Pond E was undertaken as part of an odor abatement plan submitted to WCHD on November 25, 1992. At that time, the present aeration system was also improved in order to increase aeration of the ponds, and chemicals were injected into the ponds in an effort to reduce odors. 9Z • , . • NELSON ENGINEERS a 822 TTH STREET GREELEY,COLORADO 80631 (303) ' fl'42 • \ ` r V November 25, 1992 t&: Mr. John Pickle `. y1, -. Environmental Protection Services ^ . r Weld County Department of Health 1517 16th Avenue Court Greeley, Colorado 80631 RE: Road 54 E-Vap; Reported Odor Problem, Northern Colorado Brine Dear Mr. Pickle: On behalf of Mr. Mike Cervi, owner of Northern Colorado Brine, and as the engineering representative, I am submitting the following odor abatement plan as requested by your office. Implementation of the plan has already begun with earthmoving activity as authorized by Weld County, injection of enzymes, aeration changes, and investigations of aeration systems. The plan is as follows: 1. Pond surface area is being increased primarily by construction of Pond 4 from a total surface area of 19 .3 acres+ to 28 .3 acres+, an increase of about 46 . 6% . . Aeration injection units have been changed from VCP to copper to increase airflow into the pond water and increase agitation effect. '3. In early November, 1992, enzymes were injected into the brine to neutralize microorganic activity (The effect is being monitored and if deemed advisable, a schedule for • periodic application will be created) . 4. Various methods of aeration are being investigated in an attempt to find the most effective method of application. These methods include different air diffusers, optimum depth of injection , and water surface agitation. SC Oo.;g There has been a substantial change in the amount Of brine wastes generated in recent weeks and months due to the extreme increase in oil and gas drilling activity in the Weld County area. It is an acknowledged fact this drilling activity is cyclical. Weld County is currently in the high activity phase of the cycle. As a result, more storage capacity and increased evaporation area is needed. The construction of the new pond will provide for reduced concentration of the waste and provide for increased evaporation as well as providing more volume of storage to • accomodate the increased waste generation at this time. The aeration process may be amenable to effecting more efficiency in the system once the existing process is evaluated. The injection of air in combination with appropriate enzymes in optimum amounts will decrease the odor generation. As a' result of the evaluation, the aeration systems in the existing ponds may be changed to be more effective. The owner is effecting the above operational changes and modifications to significantly reduce any odor and to improve the overall operations. Respectfully, NELSON ENGINEERS ��4ae L Vern elson LCN:kb 1125.EVAPodor WI00 S Hello