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LAND USE APPLICATION
SUMMARY SHEET
C. Gathman Hearing Date: June 21, 2016
USR14-0080
Buffalo Ridge Energy Services Facility CIO Waste Management of Colorado, 5500
Quebec St. Suite 250, Greenwood Village, CO. 80111
11655 County Road 59, Keenesburg, CO. 80643
Kelly Collins — 555 171h Street, Suite 1100, Denver, CO. 80211
A Site Specific Development Plan and Use by Special Review Permit for a Solid Waste
Disposal Site and Facility (Solids Treatment and Beneficial Reuse of Commercial
Exploration and Production Wastes and other appropriate non -hazardous waste streams
including cements and other non -hazardous solid waste with free water or liquids, oil water
slurries, high oil content slurries, produced water/flowback from exploration and production
wells, and drilling fluids (muds) along with an oil and gas support facility (Class II Oilfield
Waste Disposal Facility — Saltwater Injection Facility) in the A (Agricultural) Zone District.
A Portion of Sections 26 and 35, T3N, R64W and a portion of sections 2 and 11, T2N,
R64W of the 6th p.m., Weld County, Colorado, T3N, R64W; all located in the 6th P.M.,
Weld County, CO
Location: 1.5 miles north of County Road 20 and west of and adjacent to County Road 59 section
line
Size of Parcel: +/- 1099 acres
Parcel No. 121535000008
121535000009
130502000001
130511000002
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
VVVVV
Weld County Department of Planning Services - Engineer, referral dated April 13, 2016
Division of Water Resources, referral dated May 16, 2016
Town of Keenesburg, referral dated April 5, 2016
Weld County Department of Public Health and Environment, referral dated May 6, 2016
Weld County Department of Public Works, referral dated April 13, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Public Works - Access, referral dated March 31, 2016
➢ Weld County Code Compliance, referral dated March 17, 2016
➢ Weld County Sheriffs Office, referral dated March 21, 2016
➢ Colorado Parks and Wildlife, referral dated March 25, 2016
USR14-0080 — Waste Management of Colorado Page 1
v Southeast Weld Fire Protection District, referral dated March 20, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
VVYYV
Weld County Department of Building Inspection
Colorado Department of Transportation
Colorado Oil and Gas Conservation Commission
School District RE -3J
Greeley Soil Conservation District
USR14-0080 — Waste Management of Colorado Page 2
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
C. Gathman
USR14-0080
Waste Management of Colorado
11655 County Road 59, Keenesburg, CO. 80643
Kelly Collins — 555 171h Street, Suite 1100, Denver, CO. 80211
Hearing Date: June 21, 2016
A Site Specific Development Plan and Use by Special Review Permit for a Solid Waste
Disposal Site and Facility (Solids Treatment and Beneficial Reuse of Commercial
Exploration and Production Wastes and other appropriate non -hazardous waste streams
including cements and other non -hazardous solid waste with free water or liquids, oil
water slurries, high oil content slurries, produced water/flowback from exploration and
production wells, and drilling fluids (muds) along with an oil and gas support facility
(Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) in the A
(Agricultural) Zone District.
A Portion of Sections 26 and 35, T3N, R64W and a portion of sections 2 and 11, T2N,
R64W of the 6th p.m., Weld County, Colorado, T3N, R64W; all located in the 6th P.M.,
Weld County, CO
1.5 miles north of County Road 20 and west of and adjacent to County Road 59 section
line.
+/- 1099 acres
Parcel No. 121535000008
121535000009
130502000001
130511000002
The applicant is proposing a Solids Treatment and Beneficial Reuse of Commercial Exploration and
Production Waste along with other waste streams. Additionally, the applicant is proposing a saltwater
injection facility (two saltwater injection wells are proposed). The facility is located adjacent to the Buffalo
Ridge Landfill along the main access road into the facility. Although the boundaries of the proposed USR
encompasses 1,099 acres, the actual operations area will be considerably smaller and is located
approximately in the center of the USR boundary. A total of 36 employees over three (3) shifts are
proposed. The traffic study indicates a total of 370 truck trips per day at full development are anticipated.
The facility is proposed to operate 24 -hours a day, 365 days a year.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
USR14-0080 — Waste Management of Colorado Page 3
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-4-140.A. EP.Goal 1.states "Encourage the minimization of mineral resource
exploration and production waste and require the safe disposal of it;" and EP.Policy
1.1.states "Due to the impacts from surface impoundments and increasing public concern
about them, other alternatives for disposal should be considered."
The proposed facility provides for reuse of exploration and production waste along with
Class II Brinewater disposal.
Section 22-4-140.B of the Weld County Code states EP.Goal 2. Mineral resource
exploration and production waste facilities should be planned, located, designed and
operated to encourage compatibility with surrounding land uses in terms of items such as
general use, scale, height, traffic, dust, noise and visual pollution.
The proposed facility is located adjacent to an existing landfill (Buffalo Ridge) and located
over 1 mile from existing residences.
Section 22-4-140.6 EP. Policy 2.1. of the Weld County Code states: In reviewing the
operational and reclamation plans for solid and brine waste disposal facilities, the
County should impose such conditions as necessary to minimize or eliminate the
potential adverse impact of the operation on surrounding properties and wildlife
resources.
Development standards regulating noise and regulating the disposal of waste are
included. Colorado Parks and Wildlife stated no concerns with this application in their
referral response dated March 25, 2016.
Section 22-4-140 EP.Policy 2.2. of the Weld County Code states: All applicable land
use applications will be reviewed by the Department of Public Health and Environment for
compatibility with federal, state and County statutes, regulations and ordinances.
The application has been reviewed and conditionally approved by both the Colorado
Department of Public Health and Environment and Weld County Environmental Health
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Solid Waste Disposal Sites and Facilities are a listed as a Use
by Special Review per Section 23-3-40.1 of the Weld County Code.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The proposed use is located in a rural area adjacent to the Buffalo Ridge Landfill facility
approved under USR-966. The nearest single-family residences are located
approximately two miles south of the proposed waste disposal facility.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the Town of Keenesburg. The
Town of Keenesburg in their referral comments, dated April 5, 2016 indicated that they
have no objection but request that they be named as a party to the road maintenance
USR14-0080 — Waste Management of Colorado Page 4
agreement in the event County Road 59 and/or County Road 18 are annexed.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 1099 acres delineated as "Other" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for offsite improvements
at this location. Road maintenance including dust control, damage repair, specified haul
routes and future traffic triggers for improvements will be included. (Department of Planning
Services)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0080. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. County Road 59 Section Line is shown to have 60 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate
the existing right-of-way on the site plan. All setbacks shall be measured from the
edge of right-of-way. (Department of Public Works)
USR14-0080 — Waste Management of Colorado Page 5
6. Show and label the section line Right -of -Way as "CR 59 Section Line Right of Way,
not County maintained" (Department of Public Works)
Show and label the approved access(es) (AP15-00519), and the appropriate turning
radii on the site plan. (Department of Public Works)
8. Show and label the approved tracking control on the site plan. (Department of Public
Works)
9. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as "Water
Quality Feature, No -Build or Storage Area" and shall include the calculated volume.
(Department of Planning Services -Engineer)
10. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
11. The map shall delineate the lighting. (Department of Planning Services)
12. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
13. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
14. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services —
Engineer)
Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
USR14-0080 — Waste Management of Colorado Page 6
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Department of Planning Services - Engineer)
B. A left deceleration lane on CR 18 turning onto Market Street is required prior to operation.
(Department of Public Works)
C. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
7. Prior to the issuance of the Certificate of Occupancy:
A. An on -site waste -water treatment system is required for the proposed facility and shall be
installed according to the Weld County On -site Waste -water Treatment System (O.W.T.S.)
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Onsite Wastewater Treatment System
Regulations. (Department of Public Health and Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
Alternately, the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. (Department of Public Health and Environment)
8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR14-0080 — Waste Management of Colorado Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Waste Management of Colorado
USR14-0080
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0080, for a Solid
Waste Disposal Site and Facility (Solids Treatment and Beneficial Reuse of Commercial Exploration
and Production Waste and other appropriate non -hazardous waste streams including cements and
other non -hazardous solid waste with free water or liquids, oil water slurries, high oil content slurries,
produced water/flowback from exploration and production wells, and drilling fluids (muds) in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 24 -hours a day, 365 days a year, as stated in the application. (Department
of Planning Services)
4. The parking area on the site shall be maintained. (Department of Planning Services)
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
6. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
7. The facility shall operate in accordance with the approved Engineering Design and Operations Plan
(EDOP). Modifications to the Engineering Design and Operations Plan may be required due to
deviations from the approved use at the facility and/or regulatory changes. If such changes occur,
approval of the modification will be required from the Hazardous Materials and Waste Management
Division of the Colorado Department of Public Health and Environment. (Department of Public Health
and Environment)
8. Operations will not extend past Certificate of Designation boundaries of the property. (Department of
Public Health and Environment)
9. The facility shall adhere to the conditions incorporated into the Certificate of Designation.
(Department of Public Health and Environment)
10. The facility shall submit evidence to the Weld County Department of Public Health and Environment
(CDPHE), prior to the acceptance of waste, that financial assurance has been obtained in accordance
with CDPHE regulations pertaining to solid waste sites and facilities. (Department of Public Health
and Environment)
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
12. The facility shall receive and manage only those materials that are described in the approved EDOP
and materials approved in accordance with the Waste Identification Plan included in the EDOP.
(Department of Public Health and Environment)
USR14-0080 — Waste Management of Colorado Page 8
13. All wastes received at the facility shall be unloaded on the unloading pad. The unloading/loading pad
leak detection system shall be constructed and operated in accordance with the approved design.
The unloading pad will be kept in good condition and cleaned at a frequency that prevents oils and
other wastes from building up on the pad. (Department of Public Health and Environment)
14. Should recycling or beneficial use activities occur at the facility, the facility shall operate in
accordance with their approved EDOP. (Department of Public Health and Environment)
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
16. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with the approved EDOP and with Chapter 14, Article 1 of the Weld
County Code, at all times. (Department of Public Health and Environment)
17. Fugitive dust shall attempt to be confined on the property. Uses on the property shall comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
18. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on -site. (Department of Public Health and
Environment)
19. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
20. All stormwater, which has come into contact with waste materials on the site, shall be confined on the
site. In the event the storm water is not adequately controlled on the site, upon written notification
from the Weld County Department of Public Health and Environment (WCDPHE) or CDPHE, a
comprehensive site -wide Stormwater Plan shall be developed and implemented. The plan must be
approved, in writing by the WCDPHE or CDPHE, prior to implementation. (Department of Public
Health and Environment)
21. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment devices
shall be inspected at regular intervals and maintained in good condition. All secondary containment
will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of
Public Health and Environment)
22. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
23. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
24. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with
applicable rules and regulations. Any reportable spills will be reported and documented in accordance
with all state and federal regulations and records will be kept onsite for WCDHPE review upon
request. (Department of Public Health and Environment)
USR14-0080 — Waste Management of Colorado Page 9
25. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility will comply
with the Closure Plan outlined in the approved EDOP. Documentation of closure activities will be
provided to WCDPHE. (Department of Public Health and Environment)
26. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times.
For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by
the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by
a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
and Environment)
27. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
28. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
29. Analytical waste data and environmental monitoring data shall be made available to Weld County
Department of Health and Environment upon request. The Weld County Department of Health and
Environment reserves the right to require additional monitoring. (Department of Public Health and
Environment)
30. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
31. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. (Department of Planning
Services)
32. The property owner shall control noxious weeds on the site. (Department of Public Works)
33. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
34. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
35. Any access along unmaintained County right-of-way will not be maintained by Weld County.
(Department of Public Works)
36. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
37. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
38. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
USR14-0080 — Waste Management of Colorado Page 10
39. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
40. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
41. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
42. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
43. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
44. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
USR14-0080 — Waste Management of Colorado Page 11
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR14-0080 — Waste Management of Colorado Page 12
May 25, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
COLLINS KELLY
555 17TH ST STE 1100
DENVER, CO 80211
Subject: USR14-0080 - A Site Specific Development Plan and Use by Special Review Permit for a Solid
Waste Disposal Site and Facility (solids treatment and beneficial reuse of commercial exploration and
production waste and other appropriate non -hazardous waste streams including cements and other
non -hazardous solid waste with free water or liquids, oil water slurries, high oil content slurries,
produced water/flowback from exploration and production wells, and drilling fluids (muds) and obtain a
Certificate of Designation in the A (Agricultural) Zone District.
On parcel(s) of land described as:
N2 SECTION 11, T2N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
ALL OF SECTION 2, T2N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
ALL OF SECTION 35, T3N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 21, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on July 13, 2016 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcou ntyplanningcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
pf
Chris Gathman
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.05.25 09:05:46 -06'00'
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
March 17, 2016
COLLINS KELLY
555 17TH ST STE 1100
DENVER, CO 80211
Subject: USR14-0080 - A Site Specific Development Plan and Use by Special Review Permit for a Solid
Waste Disposal Site and Facility (solids treatment and beneficial reuse of commercial exploration and
production waste and other appropriate non -hazardous waste streams including cements and other
non -hazardous solid waste with free water or liquids, oil water slurries, high oil content slurries,
produced water/flowback from exploration and production wells, and drilling fluids (muds) and obtain a
Certificate of Designation in the A (Agricultural) Zone District.
On parcel(s) of land described as:
A PARCEL OF LAND IN N2 SECTION 35, T3N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
N2 SECTION 11, T2N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
ALL OF SECTION 2, T2N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
ALL OF SECTION 35, T3N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s) for their review and comments:
Keenesburg at Phone Number 303-732-4281
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
cA
Chris Gathman
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.03.17 10:24:49 -06'00'
FIELD CHECK
inspection dates: 6/10/2016
APPLICANT: Buffalo Ridge Energy Services Facility 0/O Waste Management of Colorado, 5500
Quebec St. Suite 250, Greenwood Village, CO. 80111
CASE #: USR14-0080
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Solid
Waste Disposal Site and Facility (Solids Treatment and Beneficial Reuse of
Commercial Exploration and Production Wastes and other appropriate non -hazardous
waste streams including cements and other non -hazardous solid waste with free water
or liquids, oil water slurries, high oil content slurries, produced water/flowback from
exploration and production wells, and drilling fluids (muds) along with an oil and gas
support facility (Class II Oilfield Waste Disposal Facility — Saltwater Injection
Facility) in the A (Agricultural) Zone District.
LEGAL: A Portion of Sections 26 and 35, T3N, R64W and a portion of sections 2 and 11, T2N,
R64W of the 6th p.m., Weld County, Colorado, T3N, R64W; all located in the 6th P.M.,
Weld County, CO
LOCATION: 1.5 miles north of County Road 20 and west of and adjacent to County Road 59 section
line.
PARCEL ID #s: 121535000008, 121535000009, 130502000001 and 130511000002
ACRES: +/- 1099 acres (Operations Area: +/ 12 acres)
Zoning
Land Use
N
A
N
Grazing Land/Rangeland
E
A
E
A-1 Composting Facility/Coors Energy and Grazing
Land/Rangeland
S
A
S
Grazing Land/Range Land
W
A
W
Buffalo Ridge Landfill
COMMENTS:
Located in a remote area. Nearest single-family residences are located approximately two miles south of
the proposed facility location.
/'Cityr.
Chris Gathman - Planner III
Chris Gathman
From: Chan, Jason <JChan2@wm.com>
Sent: Tuesday, May 24, 2016 11:47 AM
To: Chris Gathman
Cc: Nyiro, Doc; Bill Hedberg; Schweitzer, Tom
Subject: Meeting with Town of Keenesburg
Attachments: Applicant Letter.pdf
Importance: High
Chris,
As a follow-up to the attached letter, Waste Management met with the Town of Keenesburg to discuss any potential
annexation, as well as, discuss the details of USR14-0080, on May 16, 2016, at 1:00 pm, at the Town of Keenesburg
offices.
• In attendance from the Town of Keenesburg were the following:
o Danny Kipp, Todd Hodges, Marc Johns, and Debra Chumley
• In attendance from Waste Management of Colorado were the following:
o Jason Chan, Doc Nyiro, Tom Schweitzer, and Bill Hedberg
Please let me know if you have any questions.
Thanks.
Jason
Jason T. Chan
Director - Energy Services/Oil Field Services
Four Corners Area (AZ/CO/NM/UT/West TX/WY)
jchan2@wm.com
Waste Management
5500 S Quebec St, Suite 250
Greenwood Village, CO 80111
C: 303-598-1790
0: 303-486-6063
F: 844-840-2316
Waste Management Energy Services Dispatch (Arizona, Colorado, New Mexico, Utah, Wyoming)
WMCOESDispatch2@wm.com
24/7 #: 720-425-1783
Waste Management Energy Services Oil and Gas Solutions
http://www.wmsolutions.com/solutions/oll and g,as.asp
Waste Management renewable energy projects create enough energy to power more than one million homes. Learn
more at www.wm.com.
1
Chris Gathman
From: Ben Frissell
Sent: Monday, March 07, 2016 1:55 PM
To: Lauren Light; Chris Gathman
Subject: FW: BR ESF Recommendation of Approval
Attachments: Buffalo Ridge ESF Recommendation for Approval W Cond 03072016.pdf
Follow Up Flag:
Flag Status:
FYI...
Follow up
Flagged
Ben Frissell
Environmental Health Specialist
Weld County Department of Public Health and Environment
1555 North 17th Ave, Greeley
bfrissell-durley@co.weld.co.us
970-304-6415 ext. 2220 (office)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Driver- CDPHE, Jace [mailto:jace.driver@state.co.us]
Sent: Monday, March 07, 2016 11:30 AM
To: Chan, Jason <JChan2@wm.com>; Nyiro, Doc <dnyiro@wm.com>; Schweitzer, Tom <tschweit@wm.com>; Bull, Louis
<Lbulll@wm.com>
Cc: Ben Frissell <bfrissell-durley@co.weld.co.us>
Subject: BR ESF Recommendation of Approval
Hi all,
Attached is my letter recommending approval with conditions for the Buffalo Ridge Energy Services
Facility. Hard copies are in the mail.
T left this out of the conditions, and T have mentioned it to one or two of you, but James Grice from Radiation
did want me to mention a couple of things that will need consideration as we move forward. The first is that the
Radiation Program does not distinguish between workers and the public for exposure. They all fall under
"public", and must be considered so in the risk assessment. Second, there may be issues with importing
TENORM wastes from other states due to the low level radioactive waste compact rules. Lastly, with the plan
that some of the wastes from the ESF are going to end up at the Buffalo Ridge Landfill, discussion with James
1
and the Radioactive Program will need to occur about how that will happen and be managed. There may be
more requirements that the Radiation Program will require that are undetermined at this time. I would also
recommend that a risk assessment be performed for the landfill at the same time as or sooner than the ESF,
since TENORM wastes are and will continue to be accepted there. That will likely require an EDOP mod and
potentially a CD mod for the landfill, depending on how the current CD and USR are written.
Thanks for your patience with this project. I know we've had a lot of back and forth, but hopefully we've got
you guys on the right track to move forward. If you have any questions please let me know.
Thanks,
Jace
Jace Driver
Environmental Protection Specialist
Solid Waste Permitting Unit
COLORADO
Department of Public
Health & Environment
P 303.691.4059
4300 Cherry Creek Drive South, Denver, CO 80246-1530
Jace.Driver@state.co.us I www.colorado.gov/cdphe
2
COLORADO
Department of Public
Health & Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
March 7, 2016
Board of County Commissioners
Weld County
1150 O Street
PO Box 758
Greeley, CO 80632
Re: Recommendation of Approval with Conditions
Application for Certificate of Designation
Buffalo Ridge Energy Services Facility
SW/WLD/BRE 2.1
Members of the Board,
On December 5, 2014, the Colorado Department of Public Health and Environment, Hazardous
Materials and Waste Management Division (Division), received from Weld County, Colorado, an
official referral notification, dated December 4, 2014, requesting the Division's review of an
Application for a Certificate of Designation (CD) (Application) for a proposed new exploration and
production (EEtP) waste treatment and disposal facility in Keenesburg, Colorado. Included in the
Application is an Engineering Design and Operations Plan (EDOP) (Ver. 1) prepared by CDM Smith, and
dated October 23, 2014. The proposed Buffalo Ridge Energy Services Facility (Facility) will occupy an
area directly adjacent to Waste Management's existing Buffalo Ridge Landfill. Certain wastes, once
treated, are planned to be disposed of at the Buffalo Ridge Landfill. The Facility intends to accept
Technologically Enhanced Radioactive Materials (TENORM) for treatment. Prior to beginning
acceptance of TENORM the EDOP states that a risk assessment for public exposure will be developed,
submitted for review to the Division and WCDPHE, and approved. The EDOP will then be revised
accordingly based on the limits provided by the risk assessment.
The Division reviewed the Application to determine its compliance with the requirements set forth in
the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, parts 1 and 10 (Solid Waste Act)
of the Colorado Revised Statues (CRS), as amended, and with the regulations promulgated there
under: the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 (Solid
Waste Regulations). In accordance with the Solid Waste Statute, CRS 30-20-103 (2), a Completeness
Review of the Application was performed within thirty (30) days of receipt. The Division issued
written determination on January 5, 2015 that the Application was complete. It was not the intent
or purpose of this Completeness Review to imply anything concerning the final approval of the
Application.
On March 12, 2015, the Division published a notice in the North Weld Herald requesting written
public comments on the proposed Buffalo Ridge Energy Services Facility. The public comment period
ended on April 4, 2015, and the Division received no comments.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Board of County Commissioners
Recommendation for Approval with Conditions
Application for Certificate of Designation
Buffalo Ridge Energy Services Facility
March 7, 2016
Page 2
In accordance with the Solid Waste Statute, CRS 30-20-103 (2), a technical evaluation of the
Application was required after the Completeness Review had been conducted, The Division
conducted a comprehensive technical evaluation, and on May 5, 2015, the Division submitted
technical review comments to the Facility. These comments were developed in coordination with
the Weld County Department of Public Health and Environment (WCDPHE).
On May 26, 2015, the Division and WCDPHE met with the Facility to discuss proposed comment
responses and document revisions.
On September 28, 2015, the Division received a comment response document with suggested changes
to the EDOP.
On October 29, 2015, the Division met with the Facility to discuss the comment response letter. New
comments based on the proposals in the comment letter were provided to the Facility by the
Division.
On January 4, 2016, the Division received a revised EDOP (Ver. 2) that included changes from the
comment response document as welt as suggested edits from the October 29, 2015 meeting.
It is the determination of the Division that the Buffalo Ridge Energy Services Facility can comply with
technical, environmental, and public health standards of the Solid Waste Act and the Solid Waste
Regulations if the Facility is monitored and operated as stated in the CD Application and with the
Division's conditions of recommendation as stated below in this letter. Based on our review and
determination, the Division recommends, with conditions, that the Buffalo Ridge Energy Services
Facility may be approved by Weld County based on these and any local criteria. The final revised
Buffalo Ridge Energy Services Facility Application including the final revised EDOP (Ver. 2) and final
resolution containing the CD must be placed in the Facility's operating record. In addition to the
conditions listed below, please note that the Buffalo Ridge Energy Services Facility must comply with
the public health and environmental laws, standards, and regulations of the Department and all
other applicable state, federal, and local rules, and ordinances. Our recommendation for approval
of the Application including the final revised EDOP (Ver. 2) has the following conditions that must be
incorporated into the CD if issued by Weld County:
1. The EDOP provides only a conceptual level of detail for engineered features at the Facility.
The Facility has provided this limited level of detail due to business development constraints.
Due to this the Division can only provide approval of the Facility design at a conceptual level.
We understand that a phased build -out of the Facility is a possibility depending on market
conditions. Ninety days (90) prior to beginning construction of each phase, the Facility must
provide to the Division and WCDPHE for review and approval comprehensive and constructible
designs for all engineering controls to be constructed during that phase. Additionally the
construction quality assurance plan covering all specifications, quality assurance testing, and
related procedures must be included in the design for each phase. The Facility may not begin
construction on any phase until such designs are approved, and may not begin accepting
waste into that part of the Facility until the construction quality report has been approved by
the Division and WCDPHE.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Board of County Commissioners
Recommendation for Approval with Conditions
Application for Certificate of Designation
Buffalo Ridge Energy Services Facility
March 7, 2016
Page 3
2. Based on the conceptual design found in the EDOP, the Facility is proposing to use a
conditional groundwater monitoring system that will only be activated if liquid from
operations at the site is found in the leak detection system. The current conditional
groundwater monitoring plan does not provide an adequate level of detail to meet the
requirements of Appendix B of the Solid Waste Regulations. The Division requires that the
Facility revise and resubmit for review and approval the conditional groundwater monitoring
plan within forty five (45) days of confirmation that the leak detection monitoring system has
captured liquid from facility operations, to include the following:
a. Provide the locations to install groundwater monitoring welts hydraulically
downgradient from the operational area that triggered the conditional groundwater
monitoring plan. These groundwater wells must be completed in a manner that
adequately allows for sampling of the uppermost groundwater bearing zone. Well
completion logs must be submitted to the Division.
b. The Facility must collect a minimum of four (4) background samples in the new
well(s). Once background data has been collected the Facility must specify statistical
methods to be used in evaluating groundwater monitoring data in accordance with
Appendix B, Section B3 (G) of the Solid Waste Regulations.
c. The Facility will use the statistical evaluation methodology chosen above to follow the
Detection Monitoring and Assessment Monitoring requirements found in Appendix B,
Sections 54 and B5 respectively. The Facility may use the groundwater sample
parameters found in the conditional groundwater monitoring plan for Detection
Monitoring.
d. Detection monitoring will be required to be performed no less then semi-annually for
as long as liquid from site operations is present in the leak detection system. The
Facility may propose a reduction in groundwater sampling frequency if the leak
detection system is dry and evidence can be provided that no impacts to groundwater
have occurred.
e. The Facility shall install or identify a previously existing upgradient or cross -gradient
well(s) for use in groundwater evaluation and comparative analysis. Additionally the
Facility shall have a minimum of 3 wells or piezometers that can be used for
groundwater level measurement during sampling events in order to determine
groundwater elevation, flow direction, and gradients.
f. If impacts to groundwater occur at the Facility, a post -closure plan must be developed
and submitted to the Division and WCDPHE for review and approval. Once approved,
the post -closure plan shall be implemented after closure activities have occurred.
Impacts to groundwater may necessitate the need for a site -wide Environmental
Covenant.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Board of County Commissioners
Recommendation for Approval with Conditions
Application for Certificate of Designation
Buffalo Ridge Energy Services Facility
March 7, 2016
Page 4
3. Financial Assurance as defined by Section 1.8 of the Solid Waste Regulations must be received
and approved by the Division prior to the Facility accepting waste. The Division will consult
with Weld County prior to approving the Facility's Financial Assurance.
Should you have any questions addressing the determinations herein please contact Jace Driver at
(303) 691-4059 or by email at Jace.Driver@state.co.us.
Sincerely,
Jace Driver
Solid Waste Permitting Unit
Solid Waste and Materials Management Program
Hazardous Materials Waste Management Division
cc: Chris Gathman
Tom Schwietzer
Jason Chan
Ben Frissell
ec: Doug Ikenberry
;Jerry Henderson
Solid Waste Permitting Unit Leader
Solid Waste and Materials Management Program
Hazardous Materials Waste Management Division
Weld County Planning
Waste Management
Waste Management
WCDPHE
HMWMD
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorada.,sovicdphe
John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
COLORADO
Department of Public
Health & Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
Certified Mail # 7012 1640 0000 0801 6051
Return Receipt Requested
May 5, 2015
Jason Chan
Waste Management of Colorado
PO Box 460397
3500 South Gun Club Rd
Aurora, CO 80046-0397
Re: Technical Review Comments Letter
Buffalo Ridge Energy Services Facility
SW/WLD/BRE 2.1
Dear Mr. Chan,
On December 5, 2014, the Colorado Department of Public Health and Environment, Hazardous
Materials and Waste Management Division (Division), received from Weld County, Colorado, an
official referral notification, dated December 4, 2014, requesting the Division's review of an
Application for a Certificate of Designation (CD) (Application) for a proposed new exploration and
production (E&P) waste treatment and disposal facility in Keenesburg, Colorado. Included in the
Application is an Engineering Design and Operations Nan (EDOP) prepared by CDM Smith, and dated
October 23, 2014.
In accordance with the Solid Waste Statute a technical evaluation of the Application is required to be
performed by the Division. This review determines whether the Facility can meet the appropriate
requirements set forth in the Solid Waste Regulations, 6 CCR 1007-2, Part 1 (Regulations). The
Division has completed its initial technical evaluation of the EDOP and requires the Facility to
provide additional information and to modify the EDOP before completing the technical evaluation.
Prior to submittal of any such modification, the Division recommends that the Facility respond to
each comment in writing, and submit the required additional information for review and approval.
Presented below are the Division's technical review comments on the EDOP.
1. Please provide language clarifying that any beneficial use determinations for waste must be
reviewed and approved by the Division prior to any beneficial reuse activities may take place.
Beneficial Use is defined in Section 1.2 of the Regulations as "the use of a solid waste as an
ingredient in a manufacturing process, or as an effective substitute for natural or commercial
products, in a manner that does not pose a threat to human health or the environment."
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Jason Chan
Buffalo Ridge Energy Services Facility
Technical Review Comments Letter
May 5, 2015
Page 2
2. Section 5.1 of the EDOP states that "bioremediation activities will follow the requirements of
OGCC Rule 901." Bioremediation and land application activities of commercial E&P waste is
not regulated by the COGCC and Rule 901 is not applicable. The activities will fall under
Section 8 of the Regulations. Please revise accordingly.
3. Add language stating that only exploration and production derived waste may be disposed of
in the proposed deep injection well. No other wastes may be disposed of in the well.
Exploration and production waste is defined in section 34-60-103 of the Colorado Revised
Statutes.
4. Please provide a map that clearly shows the full extent of the proposed CD boundary.
5. Based on discussions with Weld County, the Facility will be required to conduct quarterly
groundwater monitoring in accordance with Section 2.2 of the Regulations, in addition to leak
detection monitoring. Please provide an updated groundwater monitoring plan that meets
the requirements of Section 2.2 and Appendix B of the Regulations. If the Facility would like
to have an alternate list of chemical constituents approved for monitoring it must
demonstrate that this alternate list is adequate to provide protection for the waste streams
received. Proposed monitoring well locations and design should also be provided for Division
review.
6. The leak detection monitoring plan should be revised to provide that 1)The frequency of
monitoring of the leak detection collection system sump for the presence of liquids should be
conducted monthly at a minimum, and 2) If liquid is found in the collection system sump at
the time of inspection it should be tested immediately to determine the source. If the source
is determined to be waste stored at the Facility a contingency plan for repairing the primary
containment system should be enacted. The testing of liquid in the leak collection system
should include testing for constituents of concern, and not just the proposed testing for total
dissolved solids.
7. The Facility intends to do various forms recycling for different waste streams. Depending on
the intended use of these recycled wastes the Facility may be required to achieve certain
treatment standards. For any recycled waste stream that will not end up being used in EEtP
operations please provide the appropriate treatment standards that must be met, and the
procedures that will be used to verify that these standards have been achieved.
8. In Section 5.3 of the EDOP please add language indicating that Weld County noise level
requirements will be complied with at all times.
9. The EDOP repeatedly refers to "non -hazardous high solid materials". Please provide a
definition for these materials including whether or not it is waste and examples of what this
material is expected to consist of.
10. EEP waste is exempt from regulation as hazardous waste. Please provide a detailed
description of how the Facility will handle this waste in order to maintain this exemption.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Jason Chan
Buffalo Ridge Energy Services Facility
Technical Review Comments Letter
May 5, 2015
Page 3
11. Please provide more detail with regards to closure activities. This should include specifics on
what will be left in place, and how these materials will be decommissioned. If any regrading
of the site will occur at the time of closure please include those details as well.
12. There is a lack of information regarding stormwater management and sitewide grading.
Please provide detailed stormwater management information, including the location of
stormwater ponds, a sitewide grading plan, and detailed run-on and runoff controls.
Additionally all secondary containment features need to be appropriately sized to handle the
volume of the largest tank and a 25 year, 24 hour rainfall event.
13. Section 3.5.2 of the EDOP states that a drainage layer consisting of 4-6 inches of sand will be
placed on top of the 60 -mil HDPE geomembrane barrier layer. This drainage layer needs to
be placed to a minimum specified thickness. Additionally this material needs to be able to
meet drainage requirements adequate enough to allow liquid to reach collection sumps within
a year. If sand is to be used for the drainage layer please provide geotechnical data showing
that the material is appropriate for this use, and the construction quality and assurance
requirements needed to ensure that minimum placement and drainage standards will be
achieved.
14. Based on discussion with Waste Management, it is the Division's understanding that the
Facility will be developed in phases as business allows. The current EDOP does not provide
appropriately detailed engineering design, construction quality assurance, construction
specifications, and operations of the Facility. The Facility will be required to revise the EDOP
to include this information, and resubmit it for approval to the Division and Weld County for
each phase of operation prior to accepting waste specific to that phase. Please. add language
to the EDOP outlining this process. Please note that the Division may require up to six (6)
months to review any EDOP modifications.
The Division consulted with the Weld County Department of Public Health and Environment in the
drafting of these comments. Weld County's technical comments have been incorporated into this
letter.
In addition to complying with the Division's Solid Waste Regulations, the Facility must comply with
all relevant federal, state, and local regulations, including but not limited to, the appropriate
requirements of the Division of Water Resources, the Water Quality Control Division, the Air Pollution
Control Division, and the Colorado Oil and Gas Conservation Commission.
Please note that the Department is authorized to bill for its review of technical submittals pursuant
to Section 1.7 of the Regulations. An invoice for the Division's review of the above referenced
documents will be transmitted under separate cover. Our fees and billing ceilings may be viewed
online at https://www.colorado.Rov/pacific/cdphe/solid-waste-regulations.
Should you have any questions addressing the determinations herein please contact Jace Driver at
(303) 691-4059 or by email at Jace.Driver@state.co.us.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickentooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Jason Chan
Buffalo Ridge Energy Services Facility
Technical Review Comments Letter
May 5, 2015
Page 4
Jace Driver
Solid Waste Permitting Unit
Solid Waste and Materials Management Program
Hazardous Materials and Waste Management Division
cc: Chris Gathman
Tom Schwietzer
Bruce Clabaugh
ec: Heather Barbare
Jerry Henderson
Doug Ikenberry
Weld County Planning
Waste Management
Waste Management
WCDPHE
HMWMD
HMWMD
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Hello