HomeMy WebLinkAbout950276.tiffHEARING CERTIFICATION
DOCKET NO. 95-16
A
RE: DEVELOPMENT LAND TREATMENTFACILITY IAAND SPECIAL
SITE SPECIFIC N THE A(AGRICULTURAL) ZONE # 1067 FOR DISTRICT
H. S. RESOURCES, INC.
A public hearing was conducted on March 1, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Gloria Dunn
The following business was transacted:
I hereby certify that pursuant to a notice dated January 30, 1995, and duly published February 9,
1995, in the Windsor Beacon, a public hearing was conducted on February 22, 1995, to consider
the request of H. S. Resources, Inc., for a Site Specific Development Plan and Special Review
Permit #1067 for a land treatment facility in the A (Agricultural) Zone District. At said hearing on
February 22, 1995, said matter was continued to March 1, 1995, at 10:00 a.m. to allow the Board
to determine whether the applicant has complied with Condition of Approval #6 which reads: "Prior
to recording the plat, the applicant shall provide a signed copy of the agreement with the Wardells
regarding monitoring and protection of the Wardells' water source. If such an agreement cannot
be reached, those issues will be considered at a continued hearing date of March 1, 1995, by the
Board of County Commissioners." At said hearing on March 1, 1995, Lee Morrison, Assistant
County Attorney, made this a matter of record and stated Patrick Flynn, Environmental Affairs
Manager for H. S. Resources, Inc., has submitted a signed copy of the required agreement with
J. J. Wardell and Roy T. Wardell; therefore, no action by the Board is necessary other than
receiving said agreement as evidence. He also noted an eight -page letter from the applicant's
counsel, Wellborn, Sullivan, Meck & Tooley, P.C., was submitted for the record to confirm said
Condition of Approval was satisfied. Gloria Dunn, Planning Department representative, was
present. Commissioner Harbert moved to accept said agreement and letter into the record, and
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
This Certification was approved on the 6th day of March, 1995.
APPROVED:
ATTEST:
Weld Coq1ty- Clerk to the Board
BY: C ��f IRXX� sC
Deputy Clerk the Board
TAPE #95-08
DOCKET #95-16
PL0984
i
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, 9OLODO
Dale K. Hall, Chairman
FXCI1SFr) nATF OF APPROVAI
Barbara J. Kirkmeyer,,Pro-Tem
4eeorge . Baxter
Constance L. Harbert
A
W. H. Webster
950276
PL0984
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
February 16, 1995
Ms. Gloria Dunn, Current Planner
Weld County Planning Department
1400 N. 17TH AVE.
Greeley, CO 80631
Roy Romer
Governor
lames S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
Re: H. S. Resources Site Development Plan, USR-1067
SE1/4, Sec. 13, T3N, R66W, 6TH PM
W. Division 1, W. District 2
Dear Ms. Dunn:
The applicant has indicated that all water used on the site will be hauled in by a
commercial water hauler. We have no objection.
If you have any questions please contact me.
JS/hsres2
Sincerely,
cLA 44,
John Schurer, P.E.
Senior Water Resource Engineer
cc: Alan Berryman, Division Engineer
Water Supply Branch
. ,liL,480c\v/JauJl
PEP 1995 1
J30276
Feb. 28. 1995 4:19PM ES RESOURCES, INC. No. 8404 P. 2/5
NS RESOURCES, INC.
len BROADWAY, sulTc 3600
OENVIR, COLORADO 6020Z
(JO3) 3n-0600
TELEFAX (303) 396-3601
February 28, 1995
Mr. Roy Wardell
18253 Weld County Road 32
Platteville, Colorado 80651
Re: Agreement for Sampling and Protection of Water Supply Well
Dear Roy:
This letter is an agreement between HS Resources, Inc. (HSR), a Delaware corporation
with its principal place of business at One Maritime Plaza, Fifteenth Floor, San Francisco,
California, 94111, with offices at 1999 Broadway, Suite 3600, Denver, Colorado, 80202 and Mr.
Roy Wardell and Mr. J.J. Wardell, individuals, whose address for purposes of this agreement is
18253 Weld County Road 32, Platteville, Colorado 80651 (the Wardens). This letter agreement
replaces and supersedes a similar, proposed agreement between HSR and Mr. Roy Wardell dated
February 21, 1995. The purpose of this agreement is to outline steps to be taken by HSR to
sample ground water from the Wardell's water supply well located in the SW SW of Section 18,
Township 3 North, Range 65 West, 6th P.M. (hereafter called the Wardell water supply well) and
to provide the Wardens with a new water supply well in the event that land treatment and
recycling activities conducted by HSR in the SE/4, Section 13, Township 3 North, Range 66
West, 6th P.M. (hereafter called the landfarm) adversely affect water quality in the Wardell water
supply well. A copy of the Colorado State Engineers Permit No. 26851 identifying the Wardell
water supply well is attached.
HSR agrees to provide a baseline assessment of water quality in the Wardell water supply
well. A ground water sample will be collected directly into a laboratory -supplied container,
labelled, and placed into a cooler chilled to approximately four degrees Centigrade for transport
under documented chain -of -custody (COC) to a Colorado -certified laboratory for analysis of
hydrocarbon compounds. The laboratory will analyze the sample for benzene, toluene,
ethylbenzene, and xylene (BTEX) using U.S. Environmental Protection Agency (EPA) Method
8020.
If, as a result of this initial baseline water quality assessment, ground water sampled from
the Wardell water supply well is found to be free of any detectable BTEX compounds, HSR will
consummate an agreement with the Wardens for ongoing water quality monitoring as outlined
in numbered paragraphs 1-5, below. However, if the results of the baseline assessment of water
quality detect measurable BTEX compounds, HSR shall have no obligation or duty to conduct
FEB 26 '95 16:21 303 572" " "^^r "q2
950276
Feb, 28. 1995 4:19PM HS RESOURCES, 1NC, No. 8404 P. 3/5
Letter Agreement with Mr. Roy Wardell for Ground Water Sampling
February 28, 1995
Page No. 2
the ongoing
replacement
1)
water quality monitoring outlined below, nor to provide the Wardens with a
water well.
If the results of the baseline water quality assessment documents that ground water
collected from the Wardell water supply well does not contain detectable BTEX
compounds, HSR will collect a ground water sample from the Wardell water
supply well on an annual basis. The sample will be collected directly into
laboratory -supplied containers, labelled, and placed into a cooler chilled to
approximately four degrees Centigrade for transport to the laboratory under COC.
The ground water sample will be analyzed by the laboratory for BTEX using EPA
Method 8020.
2) The Wardells will be entitled to receive a copy of all laboratory reports and COC
forms from the annual ground water sampling of the Wardell water supply well.
HSR will comply with all reporting requirements of applicable governmental
agencies.
3) If HSR detects BTEX compounds in any of its onsite monitoring wells in
concentrations exceeding drinking water standards, ground water samples will be
collected from the Wardell water supply well on a quarterly basis. Quarterly
sampling will continue for a period prescribed by the Weld County Health
Department, but not to exceed eight quarters if no BTEX compounds are detected
in the Wardell water supply well.
4) Annual sampling and analysis of the Wardell water supply well will continue for
a period of one year following cessation of land treatment/recycling activities and
acceptance of HSR's facility closure plan by the Colorado Oil and Gas
Conservation Commission (COGCC) and the Weld County Health Department.
In any event, HSR will continue to monitor the Wardell water supply well for a
period equal to that required by either COGCC or the Weld County Health
Department for HSR's onsite monitoring wells.
5) If, as a result of annual sampling and analysis, BTEX compounds are detected in
the Wardell water supply well in concentrations exceeding state and federal
standards for drinking water, and if the occurrence of BTEX in water sampled
from the well is directly and solely attributed to HSR's land treatment/recycling
activities at the landfarm, HSR will provide the Wardells with a new water supply
well completed in a deeper aquifer zone unaffected by landfarm activities. This
new water supply well will be completed by a Colorado -certified water well driller
in the Foxhills aquifer, unless a shallower water bearing zone suitable for domestic
use is identified by the water well driller.
FEB 28 '95 16:21
303 57234' 95'j276
Feb, 28. 1995 4:20PM HS RESOURCES, INC. No. 8404 P. 4/5
Letter Agreement with Mr. Roy Wardell for Ground Water Sampling
February 28, 1995
Page No. 3
6) The agreement to sample and monitor ground water in the Wardell water supply
well and to provide the Wardells with an alternative water well, if necessary, shall
be assignable by either party.
Please review this agreement and call me with any questions or comments you may have.
If you agree with the terms of the agreement, please sign one copy and return it to HSR. HSR
will then commit to the actions outlined above, assuming that the baseline water quality
assessment determines that no detectable BTEX compounds are currently present in ground water
sampled from the Wardell water supply well.
A copy of the fully executed agreement will be forwarded to the Weld County Health
Department. Thank you in advance for your cooperation.
Sincerely,
Patrick E. Flynn
Environmental Affairs Manager
cc: Trevor Jiiricek, Weld County Health Department
Gloria Dunn, Weld County Department
Lee Morrison, Assistant Weld County Attorney
Weld County Board of Commissioners
Jeff Welborn, Welborn, Sullivan, Meck, & Tooley
I have reviewed and accept the terms of this agreement for HSR to monitor water quality
in my water supply well located in SE SE Section 18, Township 3 North, Range 65 West, 6th
P.M., in Weld County, Colorado.
S
Printed Name
Date
FEB 28 '95 16:22
Sio
W AIc-DELL
Printeamc
Date
303 57234E
950276
Feb. 28. 1995 4:20PM HS RESOURCES, INC. No. 8404 P. 5/5
Letter Agreement with Mr. Roy Wardell for Ground Water Sampling
February 28, 1995
Page No. 4
STATE OF COLO O
COUNTY OF ) ^o
The foregoing instrument was acknowledged before me this dO clay of February, 1995, by Roy Wardell.
Witness my hand and official seal.
My commission expires
Notary Public
68
STATE OF COLO O )
ss
COUNTY OF ) � ^
The foregoing instrument was acknowledged before me this g day of February, 1995, by.. J. j;�t' ell.
Witness my hand and official seal.
My commission expires Q -/l) -97
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
The foregoing instrument was acknowledged before me thia bday of February, 1995, by Patrick E. Flynn
as Environmental Affairs Manager of HS Resources, Inc., a Delaware corporation, on behalf of the corporation.
Witness my hand and official seal.
Notary Public
)
ss
My commission expires 3-1,1 Q to
FEB 28 '95 16:22
Notary,ubli¢ 19 9 9
1D itims-OL,
303 5723411 950276
Hello