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Home My WebLink About20201876.tiffEXHIBIT INVENTORY CONTROL SHEET CASE USR20-0007 - EWS #12 DJ BASIN, LLC Exhibit Submitted By Description A Planning Commission Resolution of Recommendation B Planning Commission Summary of Hearing (Minutes dated 5/19/2020) C Planning Services PowerPoint Presentation Hamre, Rodriguez, Ostrander and Dingess, Letter dated 6/19/2020 with comments related to the D P C case (received 6/15/2020) *See related PC Exhibit 1 Email with attachment from Petrotek detailing current Colorado Oil and Gas Conservation Commission requirements for local and county permitting E Eric Wernsman (received 6/19/2020) Expedition Water F Solutions Email to Scott Twombly (received 6/24/2020) G H I J K L M N O P Q R S T U 2020-1876 Public hearings concerning this property will be heard before the County Planning Commission an A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service, including a Class II Saltwater Disposal Facility and related infrastructure, one (1) 80 -foot x 100 -foot steel building with office, a tank washout area on the concrete unload pad and up to five (5) construction trailers and five (5) conex containers for temporary use during • • . • -I - A A. ricultural) Zone District FOR FURTHER INFORMAL ION PLEASE CONTACT }� 's c*L AT THE WELD COUNTY DEPARTMENT OF A PLANNING CERVICES. AT 970-353-6100, ext. ejek For Additional Information visit www.welcicountyplarmingcases.or9 AT'IPNI n!i i1,n'nlit (l Cto►Itl:fons ►/1'llitedr MI:, „to tiO -1( • 1) I J t !It �l'... tint) ate by cm:ift)f 1 4Vri'►V'Pollt,t it (Hit't1In'iiubnu ) 1 l ' S tllill ! tf It 111 1111 1l1 ilia() ., ..11lt{/ 0110nl(f11Gt I() (Ifiattflil!4 # talk ir•l “ili) . �'lt/C 4' h►!f not lunctl't1 /1\ it"' nu,+lf;l I I,/1 �l1��„�rih!�•t'rll )! , �. by ) 1 is r C)It}(t1111t(Il11T1 twilit/U/5 i? ill,' tll�fs:rt fn(ttll:,,J* c: t'4 Wi..alin built iil.! l` Lit)i'fflf)',C.tll(Ius itin:andtioatt1(Jt c1)Illfly 1 • ":0;:t1 it ,')'I 1 • ,N•/ •% / �_ • . ._,. �. lea ire ll la• I ` :`. `. I, •�'• ♦ • t '1 g . I0 • .t I.. fg.. • ,{: %) C ••` C. 00401 View Looking North on County Road 39 toward County Road 90 View looking south on County Road 39 _ _ Y r a- .. r a - •- - r - - _ T. - �,. y} y .. _:_a r, rte` r,- - - •-F - t .-� y< • kY 4 ti r. s r Lit pi s • `# •r t +'LI j i -Ts it 4. _ - J.4 - - s s r - -y L ,�i v - T9- r _ r • v 4 T '4. y8• w9 r r `' _ v .v -- . ..gyp,:- ,I'.',�' -.,,a _ - y• 4 L.; iirtU 4: F - �, wl tf., Y. r y - Q ' s Y View Looking northwest across property from County Road 39 View Looking west across property from County Road 39 le 4 s _ t . � s . r° ..- r I . A. F .... i 3 r i r ! . / 9s i _ . a • a - r r' r£ * - i • .- Y . V f • bl .. • :J•, •f a �. ♦ J ' • • ra r M : ♦ �Sf We, f�•. it P Ia -t ?la-sys"\ I OP •' 11 4TH �g�i yam F:1:1 La .r.-4 '. 1 r . iv / i, ;A 4 •,P�r_ 13•x-J1.y"L�1�1/�7•13.-�'. ._ :i, it iii •' Y I View Looking west across property from County Road 39 • > A... -0. . t: :J' z.. , Nt. :fit II w% '1 4 c i . a rt` Pec ;t. • View looking west on County Road 90 -. a � �G.__-1- 41" :.' ! , � . �.g� �r ITI j i lFoliCr S?" tml;9 � a �w';eeani:� ecana =ifkah�.a-2C1.i+P.ern•,t-t----att elLO m.: i li .'" - ty aisase ^1R�F _ :w,��iJRY1 �"3f�da'asF.".4'rs t$J .' �' s-, _ .. _ �C .'1�!P'L .9� aFlR u�'l1'V. % y''!rtT'" iii' ��T�"�' .,, =•r - -. - - View looking west from intersection of County Road 90 at County Road 39 View looking north from County Road 90 SOUTH !Ain SCALE 1 View looking north from County Road 90 r iy• 1 =7 1 • tIO ),A 1 1 • fir_ t I • - ::J 1 , II' 1 -Err t l amid T 1' I � rj _1 1 1 6.1 - :1 1 �J fib.tik li ,�' '-J r I h .E .I L 1 ' •. 1.3 II • 1C r 1 • t:.1 • I • c • I I r _ L1f 1 F -ba • t ,JJ1f►Ir 1 �,p. �jlll'AU L I' y,. r i y IJ ir-'&'iiti.'! Ines. 4 11-_'s'tt a:i ii 11L _ls.1k:si .Icai � '1 1 .}, 1 r1 Ilks ■ Ir T 1 �ti II r � ` +1 iy• . . .�II_J^yr Flt l.-�0 Ir�� `�1/.III ' in i �' •.: 1 X11 1- 1 _ - S _ 1 F ~' 'I ti. I 1 ,i. V r� }y�yL S•�'3 t •a • 1 �i1=-. =1 =.r 1I r _�..1 -r —1t rir pp a • John M. Dingess Donald M. Ostrander Richard F. Rodriguez Austin Hamre Anthony J. Basile Lynn B. Obernyer — 2003 HAM RE, RODRIGUEZ, OSTRANDER & DINGESS, P.C. Attorneys and Counselors at Law 3600 S. Yosemite Street, Suite 500 Denver, Colorado 80237-1829 Telephone: (303) 779-0200 Telefax: (303) 779-3662 mail@hrodlaw.com www.hrodlavv.com June 9, 2020 Via U.S. and Electronic Mail Weld County Board of County Commissioners c/o Karla Ford 1150 O Street P.O. Box 758 Greeley, CO 80631 kford@weldgov.com Special Counsel Paul C. Rufien, P.C. Teri L. Petitt, LLC Stephanie M. Ceccato, LLC Joel M. Spector, LLC Steven Louis -Prescott, P.C. RECEIVED JUN 1 5 1020 WELD COUNTY COMMISSIONERS Re: Comments on the EWS #12 DJ Basin LLC Saltwater Disposal Site, Case No. USR20-0007 (the "Project") Dear Board: This Comment Letter is respectfully submitted on behalf of the City of Thornton ("Thornton"). As a nearby landowner and interested neighbor, Thornton raises concerns related to the Project for your consideration and inclusion in the official record. The Project will be located in the E/2E/2 of Section 30 in Township 8 North, Range 65 West, 6th P.M., Weld County (the "Lands"). Thornton owns adjacent farmland immediately north, west, and south of the Lands, including mineral rights. In response to the Notice, Thornton submitted a letter to the Weld County Department of Planning Services ("Planning Letter") for consideration by the Planning Commission at its hearing on May 19, 2020 ("Planning Hearing"). In the Planning Letter, Thornton questioned why Applicant had not attempted to meet with Thornton and raised concerns related to: inconsistencies in the application materials related to Project purpose and construction; whether the application is rendered moot by Applicant's inability to meet the new pending Colorado Oil and Gas Conservation Commission permitting criteria; various Weld County Code violations the Project commits or threatens to commit; nuisances associated with the Project and their impacts on future nearby surface development and property values; protection of nearby surface and groundwater resources, including the many water wells on the Lands and adjacent lands; Page 2 June 9, 2020 • civil liability issues such as trespass and unjust enrichment associated with uncompensated use of Thornton's pore space; r. truck traffic and pipeline plans; financial viability and financial assurances to cover remediation upon emergencies and reclamation upon abandonment; and seismology and earthquake risks. Thornton also requested a meeting with the Planning Commission and Applicant prior to the Planning Hearing, but received no response. Applicant finally reached out on June 1, 2020 to invite Thornton to visit one of its other sites, but this invitation came too late for Thornton to have a reasonable chance to schedule and participate in a meaningful discussion. Few of Thornton's concerns have been mitigated or cured. Thornton asks the Board to review Thornton's Planning Letter (attached hereto for convenience) and incorporates it by reference herein. Applicant did not respond to Thornton's concerns at the Planning Hearing, but created an additional concern. As part of the application, Applicant stated it would install a pipeline to greatly reduce truck traffic. Thornton considered this beneficial to the community, as pipelines offer many benefits compared to water transportation by truck. However, Applicant stated at the Planning Hearing a pipeline was no longer financially viable. Yet, Applicant also stated it would cut daily truck traffic in half In addition to the disappointment a pipeline would not be installed, Thornton was confused when Applicant failed to explain how it could cut truck traffic in half without a pipeline. At one point, Applicant suggested its other facilities would take additional oil and gas exploration and production waste, but failed to confirm its other facilities have adequate capacity and permitting to do so. This is one of many material issues to which Applicant should respond to the Board's satisfaction. Thornton respectfully asks the Board to consider Thornton's concerns, some of which are necessarily shared by other neighbors, the Town of Pierce, and the County. Should the Board determine to approve the Project, Thornton respectfully requests that such approval be made with conditions sufficient to mitigate and cure the stated concerns. Very Truly Yours, Steven Louis -Prescott, Esq. poolsteven@hrodlaw.com For the City of Thornton cc: Joanne Herlihy, Senior Assistant Attorney, City of Thornton (email only) Scott Twombly, Real Estate Manager, City of Thornton (email only) From: Eric Wernsman <ejwerns25@gmail.com> Sent: Wednesday, June 10, 2020 11:00 AM To: Kim Ogle <kogle@weldgov.com>; Jim Goddard <jgoddard@expedition-water.com> Subject: EWS 12 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kim, I am attaching a letter from Petrotek addressing how the COGCC accepts and issues Drilling Permits. Jim informed me this morning, that one of the new regulations for Drilling Permits is that they are only good for 6 months. This could potentially be very difficult if Weld County forced Injection well sites to acquire thier well permit and then attempt to gain USR approval. As I mentioned earlier it can take nearly $100,000 to get a COGCC permit applied for and approved. As you know, not all Land Use Applications are a sure thing, so not starting a state well permit until you have USR approval is the only logical way to proceed without the possibility of losing large amounts of money. With all of these factors it would be hugely detrimental for all injection well cases to require COGCC approval prior to the USR approval. Please let me know if you have any questions. Eric Wernsman Wernsman Engineering and Land Development LLC Cell 970-539-2656 With Attachment: Letter to Weld County from PetroTek dated June 10, 2020 Petrotek Corporation 5935 South Zang Street, Suite 200 Littleton, Colorado 80127 USA (303) 290-9414 DATE: 06-10-2020 TO: Kim Ogle — Weld County Planning Services FROM: Jeremiah Demuth Subject: EWS 12 Permits Dear Mr. Ogle, We have been asked on behalf of Expedition Water Solutions (EWS) to detail the current COGCC requirements for local and county permitting. Under SB 19-181, operators are required to put state and local permitting information on every Form 2 (application for a permit to drill) and Form 2A (well location permit). Per COGCC guidance, these forms cannot be submitted prior to the filing of local and county permits. The COGCC forms may be submitted and reviewed while the county and local permits are under review, but they cannot be approved until county and local permits have been approved or waived. The practical effect of the current COGCC regulatory system is that county permitting must be started before COGCC permits can be submitted, and that COGCC permits must wait on approval from county and local governments before receiving approval to drill or construct a location. For more information, please see the COGCC guidance document titled "Form 2 and Form 2A Local Government Information". If you have any further questions about the COGCC permitting process, please contact me by phone at (303) 290-9414 X 425 or by email at jdemuth(�petrotek.com. Sincerely, Petrotek Corporation , OL,..enn•tdj, Jeremiah Demuth, STS EXHIBIT b 25 .O From: Jim Goddard <jgoddard@expedition-water.com> Sent: Monday, June 1, 2020 9:01 AM To: Scott.Twombly@ThorntonCo.gov Cc: Kim Ogle <kogle@weldgov.com>; Eric Wernsman <ejwerns25@gmail.com> Subject: USR -20-0007 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Scott Twombly, I'm looking at a letter you sent to Mr. Ogle with Weld County Planning regarding a proposed project Expedition Water Solutions is looking to build and the letter had several questions about the project. would cordially invite you and whomever else would like to visit one our sites west of Fort Lupton. There we could give you a complete over view of our company and operations. Every site we build is built the same so, :his site would represent the one we are proposing. We will have operation people there to answer any of your questions and follow up with a tour of the facility. We are available 24/7 for the site visit so please contact me with dates and times that will work in your schedule. Thanks for your time! Jim Jim Goddard President/Founder 2015 Clubhouse Drive Suite 201 Greeley, Colorado 80634 970-515-6950 Office 970-381-5005 Cell www.expedition-water.com ExoeditionooW Hello