HomeMy WebLinkAbout20151067.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant BOOTH LAND & LIVESTOCK Case Number USR15-0006
0/O NGL WATER SOLUTIONS
DJ, LLC
Submitted or Prepared
Prior to At
Hearing Hearing
1 SPO Letter w Concerns - X
Dale and Marsha Trowbridge dated March 18, 2015
2 SPO Letter w Concerns — Groves Farm, LLC, X
do Dale and Marsha Trowbridge dated March 18, 2015
3 SPO Letter w Concerns X
PDC Energy, Inc. dated March 20, 2015
4 PDC acceptance of Modified Site Plan, addresses their letter of concern. X
No issues per email received 3.31 .2015
I hereby certify that the items identified herein were submitted to the Department of Planning Services at
or prior to the sch Luled Planning Commissioners hearing .
L
Kim Ogle (iTI< ianner
Dale 86 Marsha Trowbridge
21949 Weld County Road 74
Eaton, CO 80615
(970) 454-2844
March 18, 2015
Weld County Planning
Planner Kim Ogle
1555 N. 17th Ave
Greeley, CO 80631
Re: Case Number USR 15-0006
Dear Planner,
This letter is in response to the USR15-0006 application. We
received a notice of this application and therefore our property is located
nearby. Our property lies just west of Weld County Road 45 . Our home
is located on this property and our potable water source is a domestic
well. We use the well for our in-home use along with lawn, trees and
garden watering and livestock watering. We appreciate the advantage
that a well provides in terms of lack of dependence on a water district
and the low operational cost.
In our review of the application we have some concerns about
some aspects of the proposal. These concerns are great enough in my
opinion to require that the County deny the application.
In the Site Specific Development Plan the operation is described in
Paragraph 2 as "a self-contained facility" and again in Paragraph 3 as
"This site is, and will remain fully contained? On the land surface, this is
correct. But by its very nature the operation will inject into the ground
material that will not be fully contained or self-contained. The fluids will
disperse under the neighboring properties. We do not give NGL the right
to inject fluids that will be dispersed under our property.
The Site Groundwater Monitoring Plan prepared by CGRS
Environmental Services describes a plan which "will facilitate early
detection of an unknown subsurface release of exploration and
production fluids. . ." Just the fact that there is a need for permanent
groundwater monitoring wells should raise a red flag that this facility
may not always remain fully contained. The potential damage to the
surrounding properties is real and thus must be taken into account. This
alone should be cause for the Weld County Planning Department to
protect the neighboring landowners and deny the application.
What safeguards my drinking water? The monitoring wells will be
about 30' in depth. My domestic well is about 320' deep. What happens
EXHIBIT
t ..ortfr
t
if there is a "subsurface release" and the groundwater quality is
destroyed? We will have now lost our water source and our property will
be permanently damaged forever. Yes, there are monitoring wells, but the
damage will be done and is irreversible. It is too late by the time the
monitoring wells detect a release. NGL cannot come in and clean up the
groundwater once the release occurs. Would NGL pay us for a water tap
and pay the monthly fees? Are they willing to repay for permanent
damage to our property? Are they willing to put up the money now to
cover potential impacts because there is no way of knowing if NGL will
still be in business when the problems arise?
Again in Paragraph 4 the statement is made that "this site is fully
contained and will not hinder the production, or landscape, of its
neighbors." This is not an agricultural facility nor does it operate like
one. Agricultural facilities, like the dairy mentioned, do not have the
constant flow of traffic of "On average. . . 160 trucks per day." In
agriculture, there are periods of time (harvest) where the traffic increases
for a month or so, but not every day all year long. The impact of the
activity of the injection well facility extends to 24 hours a day for 365
days per year. Some of the other activities that are a part of the
agricultural area are weed spraying, weed burning, occasional odors, etc.
but these are a part of agriculture and are expected and usually short
term. All of these activities occur above ground and can be seen and
dealt with. Our problem is the "unknown" that the injection well brings.
So there will be additional impacts to the area that are not "compatible
with the surrounding environment" (Paragraph 2) that the neighbors will
have to deal with and work around.
Paragraph 7 describes the removal of the facility when the
operation ceases. Yes, the above ground structures will be torn down and
removed, but what about what they have left behind below ground. NGL
is gone, but what they left behind remains.
The landowners in the area cannot be guaranteed that they will not
be damaged by the existence and operation of the facility. We ask that
Weld County deny this application due to the potential for long-term
potential damage to the landowners in the area.
Thank you for your consideration on this matter.
Dale Trowbridge
Marsha Trowbridge
if there is a "subsurface release" and the groundwater quality is
destroyed? We will have now lost our water source and our property will
be permanently damaged forever. Yes, there are monitoring wells, but the
damage will be done and is irreversible. It is too late by the time the
monitoring wells detect a release. NGL cannot come in and clean up the
groundwater once the release occurs. Would NGL pay us for a water tap
and pay the monthly fees? Are they willing to repay for permanent
damage to our property? Are they willing to put up the money now to
cover potential impacts because there is no way of knowing if NGL will
still be in business when the problems arise?
Again in Paragraph 4 the statement is made that "this site is fully
contained and will not hinder the production, or landscape, of its
neighbors." This is not an agricultural facility nor does it operate like
one. Agricultural facilities, like the dairy mentioned, do not have the
constant flow of traffic of "On average. . . 160 trucks per day." In
agriculture, there are periods of time (harvest) where the traffic increases
for a month or so, but not every day all year long. The impact of the
activity of the injection well facility extends to 24 hours a day for 365
days per year. Some of the other activities that are a part of the
agricultural area are weed spraying, weed burning, occasional odors, etc.
but these are a part of agriculture and are expected and usually short
term. All of these activities occur above ground and can be seen and
dealt with. Our problem is the "unknown" that the injection well brings.
So there will be additional impacts to the area that are not "compatible
with the surrounding environment" (Paragraph 2) that the neighbors will
have to deal with and work around.
Paragraph 7 describes the removal of the facility when the
operation ceases. Yes, the above ground structures will be torn down and
removed, but what about what they have left behind below ground. NGL
is gone, but what they left behind remains.
The landowners in the area cannot be guaranteed that they will not
be damaged by the existence and operation of the facility. We ask that
Weld County deny this application due to the potential for long-term
potential damage to the landowners in the area.
Thank you for your consideration on this matter.
Dale Trowbridge
Marsha Trowbridge
Groves Farm, LLC
Dale 8s Marsha Trowbridge, Managers
21949 WCR 74
Eaton, CO 80615
(970) 454-2844
March 18, 2015
Weld County Planning
Planner Kim Ogle
1555 N. 17th Ave
Greeley, CO 80631
Re: Case Number USR15-0006
Dear Planner,
This letter is in response to the USR15-0006 application. We
received a notice of this application and therefore our property is located
nearby. This property lies west of Weld County Road 45. There is a home
on the property and the potable water source is a domestic well. This well
is also shared with a second home. The well water is used in both home
along with lawn, trees and garden watering and livestock watering. We
appreciate the advantage that a well provides in terms of lack of
dependence on a water district and the low operational cost.
In our review of the application we have some concerns about
some aspects of the proposal. These concerns are great enough in my
opinion to require that the County deny the application.
In the Site Specific Development Plan the operation is described in
Paragraph 2 as "a self-contained facility" and again in Paragraph 3 as
"This site is, and will remain fully contained." On the land surface, this is
correct. But by its very nature the operation will inject into the ground
material that will not be fully contained or self-contained. The fluids will
disperse under the neighboring properties. We are not giving NGL the
right to inject fluids that will be dispersed under our property.
The Site Groundwater Monitoring Plan describes the plan which
"will facilitate early detection of an unknown subsurface release of
exploration and production fluids. . ." Just the fact that there is a need for
permanent groundwater monitoring wells should raise a red flag that this
facility may not always remain fully contained. The potential damage to
the surrounding properties must be taken into account.
What safeguards my drinking water? The monitoring wells will be
about 30' in depth. My domestic well is about 280' deep. What happens
if there is a "subsurface release" and the groundwater quality is
EXHIBIT
09a Dear*
destroyed? We will have now lost our water source and our property will
be permanently damaged forever. Yes, there are monitoring wells, but the
damage will be done and is irreversible. NGL cannot come in and clean
up the groundwater once the release occurs. Would NGL pay for a water
tap for both homes and pay the monthly fees? Are they willing to put up
the money now to cover potential impacts because there is no way of
knowing if NGL will still be in business when the problems arise?
Again in Paragraph 4 the statement is made that "this site is fully
contained and will not hinder the production, or landscape, of its
neighbors." This is not an agricultural facility. Agricultural facilities, like
the dairy mentioned, do not have the constant flow of traffic of "On
average. . . 160 trucks per day." In agriculture, there are periods of time
(harvest) where the traffic increases for a month or so, but not every day
all year long. The impact of the activity of the injection well facility
extends to 24 hours a day for 365 days per year. Some of the other
activities that are a part of the agricultural area are weed spraying, weed
burning, occasional odors, etc. but these are a part of agriculture and are
expected and usually short term. All of these activities occur above
ground and can be seen and dealt with. Our problem is the "unknown"
that the injection well brings. So there will be additional impacts to the
area that the neighbors will have to deal with and work around.
Paragraph 7 describes the removal of the facility when the
operation ceases. The above ground structures will be torn down and
removed, but what about what they have left behind below ground. NGL
is gone, but what they did remains.
The landowners in the area cannot be guaranteed that they will not
be damaged by the existence and operation of the facility. We ask that
Weld County deny this application due to the potential for long-term
potential damage to the landowners in the area.
Thank you for your consideration on this matter.
Groves Farm, LLC
Dale Trowbridge, Manager
( PDC
6) ENERGY
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March 20, 2015 VIA CERTIFIED MAIL
(TRACKING Na 9414 8102 0083 0660 0236 76)
n ' T ,
Weld County Department of Planning Services
Attn: Kim Ogle MAR 3 0 2015
1555 North 17th Avenue
Greeley, CO 80631 Weld County PI nm,w:;; uul ,.. ,tuuttt
GICELEY 0r Heil
Re: USR15-0006
Well: Booth 34-35
Township 7 North. Range 65 West, 6th P. M.
Section 35: SE/4
Weld County, Colorado
To Whom It May Concern,
PDC Energy Inc., ("PDC") is the current operator of the Booth 34-35 ("well"), API No. 05- 123-21734,
located in the SW/4 of Section 35, Township 7 North, Range 65 West of the Sixth Principal Meridian,
Weld County, Colorado.
As having a Mineral Leasehold, PDC received a Notice to Mineral Interest Owners regarding the
proposed new USR15-0006 by M3 Construction, LLC ("M3") on behalf of NGL Water Solutions DJ, LLC.
Enclosed in the notice is a conceptual layout and plans for the proposed facility.
PDC requires a one hundred fifty foot radius (150') around the well for safety purposes and to
accommodate workover operations on the well described above. Per our Surface and Damage
Agreement with surface owner, Booth Land and Cattle dated November 17, 2003, enclosed to reference,
PDC also maintains an access road into well that would be impacted or become obsolete if this proposal
is approved.
PDC has reached out to M3 in order to meet with them and have our concerns met. PDC was told a site
visit wouldn't be necessary and M3 would change their plans in order to comply with our needs as
stated above. As of today, a revised plan has not been submitted to PDC for review.
As operator and mineral leasehold owner in affected property, PDC opposes the USR15-0006 until our
concerns are met.
Regards,
-712,%
12 46413-Ae:
Mark Alessi
PDC Surface Landman
PDC Energy, Inc.
Office: (970) 506-9272
Cell: (970) 420-1661
EMAIL: Mark.Alessi@pdce.com
enclosure: Surface Damage Agreement EXHIBIT
•� 1.Jsa. (5 --Occ p
cc: M3 Construction, LLC
PDC Energy, Inc.
3801 Carson Avenue
Evans. CO 80620
Surface and Damage Agreement
(with Receipt and Release)
THIS AGREEMENT made and entered in this I7th day of November, 2003, by and
between Booth Land and Cattle, owner of the surface of the SE/4 of Section 35 Township 7 North,
Range 65 West, 6th P.M., in the county of Weld, State of Colorado, hereinafter referred to as
"Owner", and Petroleum Development Corporation, hereinafter referred to as "PDC".
For and in consideration of in hand paid by PDC by
delivery of its check number , the receipt and sufficiency of which is hereby acknowledged
as full payment, settlement, satisfaction and discharge of any and all claims against PDC, its agents,
employees and contractors for any and all detriment, injuries and damages of whatsoever nature and
character growing out of, incident to, or in connection with the reasonable and customary
performance in the drilling and completing of the following "Well" as a well capable of producing
oil and/or gas, or plugging and abandoning it as a dry hole, and all related operations in preparing
the Well for production or abandonment ("Operations"):
Well Name: Booth 43-35 Booth 34-35
Legal Location: Township 7 North, Range 65 West, 6th P.M.
Sec 35: SE
Weld County, Colorado
especially including, but not limited to, injury or damage to growing crops as a result of the
Operations, access to the Well, and occupancy on the well site.
Owner hereby gives, grants and conveys unto PDC, its agents, employees and contractors,
the right to access the subject lands by entering off of Weld County Road 74 as seen on exhibit
attached.
Payment hereunder shall not compensate Owner for damages to improvements on Owner's
land other than growing crops, including without limitation damages to buildings, fences, gates and
livestock, and other extraordinary losses or damages caused by PDC, its agents, employees and
consultants to Owner's property, or to the property of Owner's surface lessee, if any. PDC agrees
to compensate Owner promptly for such extraordinary losses and damages upon mutually
agreeable terms. PDC shall pay an additional damage for the crop loss.
Owner shall have the responsibility of notifying any affected tenant, lessee or other party
who may own or have an interest in any crops or surface improvements which could be affected by
PDC's proposed Operations. Owner agrees that all damages claimed by a surface tenant, lessee or
other party having and interest, resulting from PDC's Operations shall be settled by Owner and
Owner shall indemnify and hold PDC harmless against any claims resulting therefrom.
PDC agrees to perform all necessary reclamation work so the that land affected by its
operations is restored as nearly as practicable to its original contour.
PDC, its agents, employees and contractors further agree to the following:
a. to restrict access to the well site, to personnel associated with operations only.
b. PDC will erect a temporary fence to keep operations in.
c. that all vehicles will operate on lease or drill site roads at all times, strictly.
d. to promptly report and repair any damage to irrigation ditches, or other
improvements located on the subject or other lands.
e. PDC shall be fully responsible for all conduct, actions, omissions and activities
of its agents, contractors, drillers, pumpers, and all persons employed thereby
who are on the property of the Booth's in order to conduct or perform
Operations.
1. In addition to the consideration provided herewith, PDC shall pay all damages
resulting from negligence or failure to perform in accordance with reasonable
industry standards, or in violation of statute or regulations of Colorado Oil &
Gas Conservation Commission and shall include, without limitation, damage,
death or injury to livestock resulting from Operations including, without
limitation, leaving gates open, leaving fences down, livestock access to open pits,
separators, hydrocarbon spills, collisions with vehicles and ingestion of
hydrocarbon materials produced form Operations.
g.. PDC shall maintain a comprehensive general liability policy insuring itself
against all claims arising from Operations. PDC shall indemnify and hold the
Booth's harmless from and against any claims by third persons (including
corporations, partnerships, limited liability companies or other entities) for
damage to property or injury or death to persons occasioned by Operations.
h. Should an oil and/or gas well be completed, PDC shall pay any and all damages
resulting from future recompleting, deepening, reworking, replacing and/or
plugging the well. It is the intention of this paragraph to require PDC to pay for
all future damages resulting from future soil disturbance(s).
i. This ground is irrigated by an irrigation Circle so it is critical that the instructions
on the enclosed exhibit A. be followed.
k. PDC shall operate under the COGCC Rules and regulations.
1. PDC shall pay for any damage to irrigation circle_ Including damages to
underground wire or pipelines.
Concerning any matter relating to PDC's proposed Operations, Owner may contact:
Operator: Petroleum Development Corporation
Person to Contact Jeffrey T. Davis
Address: 2970 29th Street Suite 18
Greeley, Co. 80631
Phone Number: (303) 857-7893
Fax: (303) 857=7894
Cellular: (970) 371-2204
Commencement of PDC's Operations with heavy equipment is estimated to begin in.
November, 2003. Owner acknowledges that it has been given notice by PDC of its proposed
Operations at lease thirty (30) days [or if the well is to be drilled on irrigated crop lands between
March 1 and October 31 at least fourteen (14) days] prior to PDC's estimated commencement date
or hereby waives such thirty (30) day, or fourteen (14) day requirement. A brochure is available
upon request from the Colorado Oil and Gas Conservation Commission, 1120 Lincoln Street, Suite
801 , Denver, Colorado, 80203, which described the rights and responsibilities of Owner as the
surface owner.
Owner acknowledges that it has consulted with PDC as to the location of roads and the.
necessary production facilities and the location and size of the well site for the above described well,
or hereby waives such consultation requirements. Owner also acknowledges that Owner had an
opportunity to comment to PDC regarding preferences for the timing of the Operations and
preferred locations for the Well and associated facilities. Owner has requested that all consultations
be conducted directly with Owner.
In ce4 e mutual benefits derived hereunder, O y remises, releases,
acquits and forever discharges PD , its agen consultants from any and every riciwc-
action, cause of action, suit claim, against PDC, its ag , o ees, consultants
arising out of, incide , in connection with PDC's Operations, access to ,
occupanc Itere5s T
This agreement shall extend to and bind Owner, PDC, and their respective heirs, personal
representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement on the same date as
shown above.
OWNER:
20a
oth Land and Livestock Co.
c/o Mark Booth
P.O. Box 72
Lucerne, Co. 80646
Tax ID #:
Petroleum Development Corporation
by: Steven A. Tracy (Agent)
PDC'S
EXHIBIT "A"
BOOTH 33-35, BOOTH 34-35,
BOOTH 43-35, BOOTH 44-35
TWP 7 NORTH, RGE 65 WEST
SEC 35 SE/4
BOOTH 33-35 BOOTH 43-35
61,
ACCESS ROAD
ACCESS RD.
FLOW LINE
DITCH
FLOW LINE `'' ,
t WCR 47
ACCE R Y
.r` ACCESS RD. FLOW LINE'%k •
BOOT434-35 4=
r FLOW LINE
BOOTH 44-35
f EXISTING TANK BATTERY TANK BA ERN
YgliPNEW TANK AND SEPARATOR
l fl
LAND IS IN IRRIGATED CIRCLES
FENCE LOCATIONS TO CONTROL TRAFFIC
CROP IS IRRIGATED WINTER WHEAT
N24/2015 https://www.certifiedmaillabels.corn/printl abed.php
PDC Energy US POSTAGE AND FEES PAID : r::{ • ". �p
3801 Carson AveKam. a
FIRST CLASS .; +�'-;• ; O
•
EVANS CO 80620-2505 Mar 24 2015
Mailed from ZIP 80620 ..r•:a •� ' • m
1 oz First Class Mad I r O
USPS CERTIFIED MAIL Letter Rate (No surcharge) • • -•. • 3
Mill 1 11 071S00777793
9414 8102 0083 0660 0236 76
Weld County Department of Planning Services
Attn: Kim Ogle
1555 N 17 Ave
GREELEY CO 80631-9117
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FOLD ALONG THIS LINE
https://www.certifiedmaillabels.com/printlabet.php 1/1
Kim Ogle
From: Ryan Surroz [Ryan.Surroz@nglep.com]
Sent: Tuesday, March 31 , 2015 2: 11 PM
To: Kim Ogle
Cc: Doug White; Ted Lopez (tlopez@m3-construct.com); Mark S. Alessi
Subject: FW: NGL C10 Facility and PDC Well Access
Kim,
Please see below — NGL has confirmed with PDC that their concerns have been met. If appropriate, please
remove Exhibit 3 or include this correspondence of confirmation in Exhibit.
Note: Mark Alessi from PDC is cc'd on this email.
Thanks,
Ryan
From: Mark S. Alessi [mailto:Mark.Alessi@pdce.com]
Sent: Tuesday, March 31 , 2015 7:07 AM
To: Ryan Surroz
Subject: Re: NGL C10 Facility and PDC Well Access
Thanks Ryan. Since this drainage swale is easily removable, it will work for our operations. Thanks for sending
this over. We're good with this plan.
Mark Alessi
Surface Landman
PDC Energy
970-506-9272-Office
970-420-1661 -Cell
On Mar 30, 2015, at 10:23 AM, Ryan Surroz <Ryan.Surroz@nglep.com> wrote: EXHIBIT
VW-4S-QOEG
1
Mark,
Per our conversation on Friday, the west edge of the drainage swale is approx. 35 ft from the
PDC well head.
This is a graded dirt swale and a could be temporarily modified to accommodate the workover
rig, and then dirt work to reclaimed.
Please let me know if you have any other concerns.
Thanks,
Ryan
From: Mark S. Alessi [mailto:Mark.Alessi@pdce.com]
Sent: Thursday, March 26, 2015 11 :27 AM
To: Ryan Surroz
Subject: FW: NGL C10 Facility and PDC Well Access
Ryan,
Please find the plans I was provided by Matt Davis. Our well on the Booth property is the Booth
34-35 well. I assume the well that you depict in the plans is that well, but I would like you to
verify that.
I will follow up with a phone call you to discuss. Thank you for your time.
Regards,
<image001 .jpg> Mark Alessi I Surface Landman' PDC Energy, Inc. I O: 970-506-9272 I F: 970-
506-9276 I C: 970-420-1661
I www.pdce.com I nasdaq: PDCE I Mark.Alessi@pdce.com
**Please Note Email, Web Address & Ticker Change**
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