HomeMy WebLinkAbout20130557.tiffSITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT # /AMOUNT # 1$ CASE # ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1 3 0 3- 1 7. 0- 0 0. 0 0 9
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office or www.co.weld.co.us)
Legal Description
Zone District: A Total Acreage: 356 ac , Flood Plain:
Airport Overlay District: N/A
See attached
FEE OWNER(S) OF THE PROPERTY:
Name: Plains Marketing, L.P.
Work Phone # Home Phone #
Address: 333 Clay Street, Suite 1600
Address: PO Box 4648
City/State/Zip Code Houston, TX 7/002
, Section 17 Township 02 North, Range 63 West
N/A
Email
Geological Hazard:
N/A
Name:
Work Phone # Home Phone # Email
Address:
Address:
City/State/Zip Code
Name:
Work Phone # Home Phone # Email
Address:
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent)
Name: Vincent Harris, Baseline Corporation
Work Phone # 303 202 5010x217 Home Phone #
Address: 700 12th Street Suite 220
Address:
City/State/Zip Code Golden, CO 80401
Email vince@baselinecorp.com
PROPOSED USE:
Crude oil rail loading facility including tracks, office building, tanks, and all related equipment.
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all
fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all
fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
included i ica 'ng that the signatory has to legal authority to sign for the corporation.
VAugust 13, 2012
Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
a0/ 3 -0557
Use by Special Review
Questionnaire
Case USR12-XXXX
Plains Tampa Loading Facility
Located on Land in Section 17, Township 2N, Range 63W
of the 6th P.M., east of the BNSF Railroad
Applicant:
Plains Marketing, L.P.
Plains All American Pipeline, L.P.
333 Clay Street Suite 1600
P.O. Box 4648
Houston, TX 77002
PLAINS
ALL AMERICAN
PIPELINE, L.P.
Application Submitted: September 7, 2012 — Initial Submittal
November 16, 2012 — Second Submittal
Pagel 2
0 -Cover letter Plains 2nd submittal.docx
Environmental Health
➢ Waste handling plan — submitted but incomplete. Will need to provide the names, address and
telephone numbers of the waste handlers and disposal facilities, including industrial waste
handlers and disposal facilities. Also, provide a list of the type and volume of chemicals to be
stored on site.
The Waste Handling Plan in the narrative has been updated to include more information. A final
plan will be submitted after the USR process that fully outlines the chemicals and waste
handlers.
➢ A Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the
Colorado Department is required for stormwater discharge from the crude oil transload facility.
A copy of the CDPS shall be submitted to Environmental Health Services Division of the Weld
County Department of Public Health & Environment.
Noted. The CDPS will be pulled by the contractor at the time of construction.
➢ A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment.
An SPCC plan will be created for the Plains Tampa Loading facility by Plains AAP prior to
constructing tanks or any railcar loading activities. Plains' policy is to create and maintain SPCC
plans for all of its facilities.
Public Works
Questionnaire:
➢ Traffic Study — Traffic Impact Study submitted (the estimate of trips is based on upon 40
employees per day, 400 oil delivery trucks per day and 20 miscellaneous trips to the site per
day) & will be reviewed when application is deemed complete.
An updated traffic study (will be provided/is included with this submittal). Please note that the
maximum number of trucks per day is now 200 and that 40 employees per day will work on the
site (20 employees per 12 hour shift). In addition, long term plans are that a pipeline will supply
this facility with oil lieu of being hauled to the site.
➢ Drainage Study — The drainage report that was submitted is not complete. It does not contain
the information needed in order to determine the impacts of this site to the surrounding
properties, Weld County Roads, and the traveling public. The drainage report needs to contain
the information provided in the USR-SPR Drainage Report Checklist.
An updated drainage report is included in this second submittal.
➢ Access Permit Application form — Not submitted
An access permit application was included in the original submittal. For convenience it is
included in this second submittal.
➢ Improvement Agreement — Required on/off site
Pagel 3
0 -Cover letter Plains 2nd submitta':.docx
Noted.
Planning Services
Truck or pipeline. Please provide greater detail on the pipeline component. What is the
diameter and when will the pipeline be permitted? County or Federal? What percentage is
truck and what is pipe. Also what is the phasing of each?
A pipeline is being planned but is not planned with the initial phase of this project. The site plan
denotes inbound manifolds for a future pipeline. information has been added to page 4 of the
narrative. The future pipeline will be built and operated by a separate entity. Once the pipeline
is built the number of trucks coming inside the property will be reduced.
What is the BNSF Brush subdivision? Where is it located?
The BNSF Brush Subdivision is the rail line that runs between Denver and Brush, Colorado. This
information has been added to page 9 of the narrative.
Please provide greater definition to the API 650 Storage Tanks with cone floating roof. A cut
sheet example would be good to provide for clarification.
Tanks are made of steel and have an internal floating roof and external fixed cone roof. A detail
has been added to page 8 of the narrative.
How much track is required for a unit train? I thought a unit train was 100 cars — are tanker
cars larger or designed to a different standard?
A unit train in this case is 104 cars at a length ^'6,800 feet. Information has been added to page
4 of the narrative.
What is the length of the parallel track to the main line track that is required to facilitate
access? Are you suggesting it is a simple right hand turn into the property? Similar questions
for outbound traffic
There is no parallel track/siding proposed. Rail access to the site is as shown on the site plan.
Will BNSF RR be providing layout plans for the track other than what is delineated on the USR
Plat? If no, why not and if yes, when?
The internal track layout is private track built by Plains. BNSF installs the turnouts to the site.
Will there be additional signalization on the main line rail and for the spur? If yes, so describe,
if not, why not.
Yes, there will be additional signalization on the main line to accommodate the new turnouts to
the site. All signalization will be installed by BNSF.
Please define 18000 lineal? Feet of industry track, is this different than main line track?
Industry track is any privately owned and maintained track for commercial use that connects to
a serving railroad. This information has been added to page 10 of the narrative.
Pagel 4
0 -Cover letter Plains 2nd submittal.docx
Please define a rail car loading rack. How big? What is its purpose?
The purpose of the rail loading rack is to access and load the tank cars from the top. It is
approximately 900 feet in length. A photograph is located on page 7 of the narrative.
p. Please define a vapor combustion unit. Where utilized, for what purpose and how many?
A Vapor Combustion Unit is a sealed system designed to handle hydrocarbon vapors that are
displayed by the loading liquids inside the tanks cars. The VCU achieves destruction efficiencies
greater than 99 percent. This information has been added to page 5 of the narrative. (There is
one proposed.)
Will pumps be required for the pipeline (future).
Not anticipated at this time.
'- Are emergency generators fixed or transient?
Fixed. Added to page 5 of the narrative.
How many separators, in structures or out
There are no proposed separators. The narrative has been updated to reflect this.
Please provide evidence of an access agreement to cross BNSF RR right-of-way. Alternatively,
please provide a Memorandum of Understanding or equivalent from BNSF stating that the
access agreement is in progress.
A copy of Plains' application to BNSF for a new crossing has been added to the appendix.
Please provide evidence of an access agreement to cross BNSF RR right-of-way and Mr.
Guttersen's property for the temporary construction access and the longer term secondary
access in case of emergency or other unforeseen condition. Alternatively, please provide a
Memorandum of Understanding or equivalent from BNSF and Guttersen Ranches stating that
the access agreement is in progress -
A copy of the agreement between Plains and Guttersen Ranches LLC to cross its property has
been added to the appendix.
Weld County Public Works does not do addressing in the County. At time of Building permit an
address will be provided. Please do not assume that the situs address will be 31636 CR 398
Noted. The narrative and site plan have been updated to remove references to the preliminary
address.
Please provide comment on the preferred liner to be utilized for the primary containment and
provide additional narrative on the containment. The standard utilized by Weld County is to
place the tanks on a concrete floor (slab) with an integral stem wall keyed to the concrete floor,
or similar construction
Tanks will be built on top of a concrete ring wall with a flexible membrane underneath. This is
Plains' standard design and it has been used all over the country at other terminals. A
description and detail have been added to the narrative.
Pagel 5
0 -Cover letter Plains 2nd submittal.docx
r Please provide a cut sheet on the overhead yard lighting.
Plains does not have this information at this point.
r Off -set for the two abandoned well heads is 25 feet, please delineate on future plans.
Noted. The site plan has been updated to reflect the setback.
Number of persons who use the site: shift workers, others? Office? Please provide additional
detail.
A breakdown has been added to page 9 of the narrative.
r Please provide additional descriptive text on the structures to be located on site and the inter-
relationship between each. Further, describe the small storage buildings on site, their use and
long term program
Details of the buildings have been added to page 10 of the narrative.
Reclamation Plan — will the tracks remain or will all physical and site improvements be removed
and the land reclaimed to a pre -industrial condition?
At this time, Plains has no intentions of ceasing operations of the facility after it is constructed.
The facility is intended to be a long term operation.
- Are there signs associated with the facility? If yes, please provide size, location and number.
There will be a Plains Marketing sign located on the property. Its size will conform to current
code.
Please provide comment on the security measures taken to limit accessibility at the pedestrian,
vehicular and rail levels.
p -
The site currently hos a property boundary fence on three sides. A new fence will be built on the
eastern boundary.
Please provide a narrative for the daily operations of the facility.
A description of the daily operations has been added to pages 4 and 5 of the narrative.
r Current within 30 -days, the Certificate of Conveyances for this property.
An original Certificate of Conveyances was submitted. A copy is included in this second
submittal.
Colorado Department of Transportation
r The Colorado Department of Transportation reviewed only the Traffic component of the
application and had this comment: The traffic study doesn't look at impacts the traffic has to
the state highway system. It needs to follow the traffic all of the way out to the interchange.
Please arrange to have this issue reviewed and updated as requested by CDOT.
Noted. A revised traffic study is included with this second submittal.
Section 1
Questionnaire
err
PLAINS
ALL AMERICAN
PIPELINE, L.P.
Application for Use by Special Review
1. Description of Proposed Use:
This USR application is referred to as the Plains Tampa Loading Facility application and is
from Plains All American Pipeline, L.P. (Plains) and its subsidiary Plains Marketing, L.P. On
average Plains handles over three million barrels per day of crude oil, refined products and
LPG through their extensive network of assets located in key North American producing
basins and transportation gateways. Plains is publicly traded on the NYSE (PAA). Currently
Plains operates facilities across the United States, including the Bakken field in North
Dakota.
A crude oil rail loading facility serves as a transfer point for oil produced locally onto tanker
rail cars for distribution to the market via rail. At the proposed Tampa Facility oil will arrive
at the site via tanker truck or pipeline where it is held in tanks until transfer to rail cars.
This application addresses the construction of a crude oil rail loading facility and associated
improvements on a site owned by Plains Marketing, L.P. in Weld County. The site is
approximately 356 acres in area and is located northeast of the intersection of WCR 63 and
WCR 398. The site is located approximately 3.2 miles northeast of Keenesburg and 6 miles
southwest of Roggen. It is currently zoned Agricultural and surrounded by other Agricultural
zoned properties. The western boundary of the site is formed by WCR 398 and the
Burlington Northern Santa Fe Railroad's Brush Subdivision.
Plains wishes to construct a crude oil rail loading facility on the site. The oil will originate
from local production and be brought to the facility via crude oil haulers (trucks). A pipeline
will also be constructed in the future to haul crude oil to the site, but the installation and
maintenance of the pipeline will be the responsibility of a separate entity. Any future pipeline
is required to be approved by Weld County through the USR process. The site plan denotes
the location of inbound manifolds for a future pipeline. The crude will be stored in API 650
storage tanks with cone floating roofs (see diagram on page 8) in preparation for loading on
rail cars. The rail cars will be brought in as "unit trains" consisting of 104 tank cars with two
buffer cars and three six axle locomotives (about 6,800 ft. in length total). The facility has
been designed to accommodate two unit trains simultaneously due to potential scheduling
delays from BNSF. The operation outlined in this application does not necessitate or propose
expansion of the land area beyond the 356 acre site.
Plains Tampa Loading Facility
USRI2 XXXX — 2nd Submittal
Plains All American Pipeline L.P.
PLAINS 'BASELINE }
ALL AMERICAN
PIPELINE,
Trucks hauling crude oil into the facility will come at different times and will unload their
product through one of the six truck unloading spots with dedicated pumps and meters to the
tanks. At some point in the future, crude may also come to the site via pipeline and will be
metered before entering the tanks. Once the pipeline is built the number of trucks coming
inside the property will be reduced.
BNSF will deliver a unit train to the facility consisting of 104 empty crude oil tank cars. The
BNSF train crew will spot the first set of tank cars in the loading rack. The BNSF train crew
will depart the facility, and the Plains train crew will operate the train until all tank cars are
loaded. Each tank car to be loaded is inspected, grounded, the hatch is removed, the loading
arm with vent system is inserted and secured and loading starts. The loading rack will have
13 loading spots. The loading rack loads the tank cars from the top. Once the tank car is
loaded, the loading arm is removed and the hatch is secured. Once all the tank cars have been
loaded, the train is inspected. The BNSF train crew returns to the facility and prepares for
departure. The time for the unit train crude oil loading operation can vary from 12 hours to
24 hours.
Rail cars will be inspected onsite by the operators of the facility. Inspections are mandated by
the railroad.
The equipment and buildings proposed for this site includes but is not limited to:
• —18,000 feet of industry track
• Rail car loading rack (-900 feet in length) (see image on page 7)
• Two 150 -foot diameter, 48 -feet tall, crude oil tanks
• Vapor combustion unit (a sealed system designed to handle hydrocarbon vapors that
are displaced by the loading liquids inside the tank cars).
• Crude tanker truck unloading/metering stations
• Pipeline receiving manifolds/metering equipment (needed if a pipeline is attached to
this facility in the future)
• Office building
• Storage buildings
• Small fixed 50 kw emergency generators
• Property boundary fence
No pumps or process separators are anticipated for this facility
A new site access will be constructed on WCR 398 along the western site boundary. In order
to access the site from this road, a new private railroad crossing will be installed across the
Burlington Northern Santa Fe (BNSF) Railroad right-of-way. This access point will have 100
feet of stacking between WCR 398 and the BNSF right-of-way in order to safely allow
turning vehicles to await crossing trains to clear. Permitting for this private crossing is
currently being coordinated with BNSF (a copy of the application is included in the
appendix). BNSF will also install new turnouts and signalization. An address will be
finalized after approval of this USR and when a building permit is issued.
Plains Tampa Loading Facility
USRI2-XXXX— 2nd Submittal
Plains All American Pipeline L.P.
PLAINS MBASELINE
ALL AMERICAN
PIPELINE., l..Y
Containment of the oil tanks on -site will consist of a primary and secondary containment.
Tanks will be built on top of a concrete ring wall which has a flexible membrane liner that
will be placed inside the ring wall foundation under that tank bottom to prevent leaks. The
surface where the liner is placed is sloped to bring any captured liquid toward the ring wall
where a drain pipe is located. See detail on page 8.
Secondary containment will be a berm built around the tank. The secondary containment
berm for the storage tanks will be sized to contain the capacity of the largest tank/largest
group of manifolded tanks plus the 25 -year, 24 -hour rainfall amount. Secondary containment
for the truck unload areas will utilize active containment measures, such as spill kits in the
event of an oil discharge, rather than sized containment, per 40 CFR Section 112.7(c). In
addition, the area will be gently sloped to one side and a berm will be constructed to prevent
oil from escaping this area before cleanup occurs. Secondary containment for the rail loading
rack will include grading the area to slope to the inside of the loop track and then
constructing a berm around it, per 112.7 (h)(1). The bermed area will be designed to contain
one full rail car plus approximately 30%.
Overhead lighting will be located around the tanks, the rail loading area, the truck loading
area, and the meter skids. Lighting will be electrically powered.
Two abandoned oil and gas wells are also located on -site. The site plan shows the required
25 -foot abandoned well setbacks.
Please see the Site Plan in the Appendix for a more detailed layout of the proposed facilities.
The proposed loading facility will operate 24 hours a day, 7 days a week, 365 days a year.
Ownership Information
As seen on Assessor Record:
Plains Marketing, I,.P.
333 Clay St, Suite 1600
PO Box 4648
Houston, TX 77002
Plains Tampa Loading Facility
USR12-XXXX — 2nd Submittal
Plains All American Pipeline L.P.
Contact:
G. Donald Trimble
Plains All American Pipeline, L.P.
333 Clay St, Suite 1600
Houston, TX 77002
(713) 646-4220
PLAINS MBASELINE
ALL AMERICAN
PIPELINE, L.P.
Rail Loading Rack
Plains Tampa Loading Facility
USR12-XXXX — 2nd Submittal
Plains All American Pipeline L.P.
PLAINS MBASELINE
ALL AMERICAN
PIPELINK, L..P.
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Plains Tampa Loading Facility
USRI2 XXXX — 2nd Submittal
Plains All American Pipeline L.P.
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PLAINS BASELINE $
ALL AMERICAN
PIPELINE, L.P.
En/inetuxq PI11neII. Sunering
2. Consistency with the intent of the Weld County Code, Chapter 22 of the
Comprehensive Plan
Comprehensive Plan Consistency
Section 22-2-10(D) emphasizes the extraction of natural resources as an important part of the
economy of Weld County. A crude oil rail loading facility will contribute to the expansion of
the county's industrial economic base by providing increased capacity to an essential
function in the marketing of oil produced in Weld County. Oil and gas facilities are allowed
as a use by right in the A (Agricultural) Zone District. However rail loading requires a Use
by Special Review (USR) permit in Weld County.
3. Consistency with the intent of the Weld County Code, Chapter 23 (Zoning) and the
zone district in which it is located.
Section 23-3-40.A.7 of the Weld County Code explicitly states that crude oil rail loading is a
use allowed to be constructed, occupied, operated and maintained in the A (Agricultural)
Zone District only upon approval of a Use by Special Review permit in accordance with the
requirements and procedures set forth in Article II, Division 4 of Chapter 23.
Section 23-1-90 (Definitions) of the Weld County Code defines transloading (rail loading)
as:
"A process of transferring a Commodity from one (1) mode of Transportation to
another whose primary activity includes the following kinds of USES:
a. Rail and truck transloading (rail loading) of commodities and materials, including,
without limitation, those for the agricultural and oil and gas industries, and including
but not limited to grains, petroleum products, sand, pipe and storage related to the
same."
4. Surrounding Uses and Compatibility with surrounding uses.
The Plains 'Pampa Loading Facility is surrounded by large agricultural and ranch properties.
The nearest residences are one mile to the south of the southern property line.
The Burlington Northern Santa Fe (BNSF) railroad's Brush Subdivision follows the site's
western boundary. The Brush Subdivision is BNSF's rail line that runs from Denver to Brush
along the I-76 corridor. Historically, a spur line called the Tampa Spur left the mainline north
of this property and headed south to the east of the subject property. This line is no longer in
existence. Interstate 76 is easily accessible from the site at Exit 39, Keenesburg.
Plains Tampa Loading Facility
USR12 XXXX — 2nd Submittal
Plains All American Pipeline L.P.
PLAINS BASELINE
ALL AMERICAN
!'1!'I;I,INE, E.P.
Enpinetrinp
5. Describe the following:
a. Number of people who will use this site
In addition to the permanent employees, the Plains Tampa Loading Facility will be
served at times by contractors, truck drivers, and railroad personnel. Approximately
20 deliveries or contractor visits, including postal deliveries will occur each day.
b. Number of employees proposed to be employed at this site
The Plains Tampa Loading facility will have approximately 60 employees. There
will be 20 employees working 12 hour shifts, thus there will be 40 employees on site
at one time during shift change. Since the site will operate 24 hours per day, not all
employees will be onsite at the same time.
c. Hours of operation
The Plains Tampa Loading Facility will operate 24 hours per day 7 days per week.
d. Type and number of structures to be built on this site
It is proposed to initially build an industry track of approximately 18,000 feet, a rail
loading rack (-900 feet in length), and a new access with railroad crossing. Industry
track is any privately owned and maintained track for commercial use that connects to
a serving railroad. In addition, a truck unloading area will be constructed and will be
where trucks unload and meter crude oil to the storage tanks. Two crude oil tanks
(150 -feet diameter, 48 -feet height) will be installed on -site. The storage tanks will
hold crude oil that will be delivered to the site via trucks to be transferred to the rail
tank cars. A vapor combustion unit, metering equipment, pipeline receiving
manifolds (if needed), and storage building(s) for parking and storage of equipment
necessary to maintain the facility are to be included on -site.
Buildings on site include
• Administrative building: will contain offices and will be used for
administrative purposes
• Operations/welfare building: will overlook and control the overall operation.
• Train crew changing area: will be installed for the train operating crew to wait
(if needed) for the loading operation to fmish.
• Electrical building: will hold all electrical instrumentation including switch
gears for the site's major equipment such as lighting.
All on -site drives will be constructed with gravel and capable of supporting large
trucks and emergency vehicles as required by the Southeast Weld Fire Protection
District
Plains Tampa Loading Facility
USRI2 XXXX — 2nd Submittal
Plains All American Pipeline L.P.
Wi I I
PLAINS BASELINE10
ALL AMERICAN rnainnnnna Plammop Sana,ing
PIPELINE, L.Y.
e. Type and number of animals, if any, to be on this site
No animals are planned to be on this site.
f. Kind of vehicles that will access this site and how often
The traffic on site will include automobiles, trucks, trucks equipped for hauling crude,
tractor(s), ATV(s), locomotives, and railroad tank cars. The site will also
accommodate parking for employees' personal vehicles. Company vehicles will be
assigned to this facility along with maintenance equipment (small tractor for mowing
and snow removal). Periodic maintenance activities will require third party contractor
vehicles onsite on an as -needed basis. The tractor/trailer units will have a maximum
weight as allowed by State and County standards and be between 65 and 75 feet long.
Each tractor/trailer can haul about 185 barrels per load and the amount of traffic
depends on the volume of oil required to be delivered. Up to 200 trucks (37,000 Bbl.)
per day are expected to access the site. There will be no overnight parking or
maintenance performed on site.
g.
Who will provide fire protection to the site
The Southeast Weld Fire Protection District (SEWFPD) provides fire protection to
this area. Fire stations are located nearby in Keenesburg, Roggen, and Prospect
Valley. A referral packet will be sent to the District by the County. Once an approval
letter is received it will be placed in the Appendix.
h. Water source on the property (both domestic and irrigation)
There is currently no well or domestic water source on the property. The proposed
water source is a new commercial well. An application for a new well will be
submitted to the Division of Water Resources.
i. Sewage disposal system on the property (existing and proposed)
A septic system for personnel use only is planned to be built on the site. A
commercial septic system will be designed and permitted through Weld County.
If storage or warehousing is proposed, what type of items will be stored
There will be small storage buildings on site that will store small equipment
associated with the facility. There is no outdoor storage.
6. Proposed Landscaping
J•
There is no existing screening and no additional landscaping is proposed with this
application.
Plains Tampa Loading Facility
USR12-XXXX— 2nd Submittal
Plains All American Pipeline L.P.
PLAINS BASELINE 11
ALL AMERICAN E.,„ < , F:;r; ,
PIPELINE, I_ -Y.
7. Reclamation Procedures
Plains has no intentions of ceasing operations of this facility once it is operational. This facility is
intended to be a long-term operation, however should the Plains Tampa Loading Facility no
longer be needed by Plains, equipment will be removed from the site and any vegetation on site
will comply with County standards.
8. Storm Water Drainage
The proposed site of the new rail loading facility is relatively flat given it is such a large
parcel. Grading work will be based on the negligible increase of storm runoff associated with
the proposed improvements. Please refer to the detailed drainage report in the Appendix for a
summary of the existing and proposed drainage conditions.
A water quality capture feature (WQCF) is required on site. Existing onsite low points will
be improved to capture the storm water and hold contaminants. Refer to the attached
drainage report and drainage plan for locations and sizing of the proposed features.
9. Construction period
Construction of the Plains Tampa Loading Facility is anticipated to commence soon upon
approval of this requested USR permit. Timing of the construction of the access point and the
new rail switch will be coordinated with BNSF. Until such time as the new permanent access is
constructed, Plains will work to acquire a temporary access to the site for initial construction
purposes. It is anticipated that temporary access during the construction phase will be through the
adjacent property to the north. A copy of the agreement with the landowner is provided in the
appendix.
10. Waste Handling Plan
The objective of the Waste Handling Plan is to ensure waste generated at the Facility is
managed in accordance with all Local, State and Federal regulations. Additionally, the Plan
identifies operational chemicals used or stored on site requiring specific disposal pathways.
Plains personnel are trained annually with regards to proper waste management practices.
This facility will be serviced by a waste management company for solid waste removal. A
small dumpster will be located next to the small employee buildings. The likely waste
handler will be Waste Management.
Materials are expected to be stored at the Facility to support operations, and have specific
disposal requirements.
All liquids will be managed and disposed/recycled in accordance with local, state, and
federal regulations. If any waste is produced it will be placed accordingly in a waste
dumpster, which will be appropriately managed and disposed of by as required by State and
Plains Tampa Loading Facility
USR12 XXXX-2ndSubmittal
Plains All American Pipeline L.P.
PLAINS BASELINE 12
Enginnunp Moaning • Sun ling
ALL AMERICAN
PIPELINE, L.P.
County regulations. The dumpster is emptied either weekly or every two weeks and the roll -
off is emptied on a call -out basis. Non -routine waste (e.g. spills or releases) will be managed
in accordance with Plains' Emergency Response and Oil Spill Contingency Plan. Spills, as
appropriate, will be reported to the proper regulatory agency(s). Additionally, a site -specific
Spill Prevention Control and Countermeasure (SPCC) Plan will be developed to outline
appropriate actions to be taken in the event of a spill or release. The SPCC Plan in
conjunction with the Emergency Response/Oil Spill Contingency Plan will ensure that all
appropriate response actions are taken and that all waste will be handled in accordance with
applicable rules and regulations. Both documents are written in accordance with
requirements set forth by the Environmental Protection Agency.
Regarding a motor vehicle oil leak (potentially during construction), Plains' Standard
Operating Procedures will be to dig up the contaminated soil and likely ship it to the nearby
Buffalo Ridge Waste Management Facility in Keenesburg. Plains will then test and analyze
the remaining soil to be sure it is clear of all contaminates. Once that is completed, Plains
will back fill the previously contaminated area.
All industrial waste will be collected in an industrial waste tank and removed from the
property via truck.
Please note that a final Waste Handling Plan will be submitted after approval of the USR
permit. This plan will contain the list of chemicals to be stored on -site and the chosen waste
handler.
II. Dust Abatement Plan
During the construction phase of the project, Plains will utilize water trucks to maintain dust
suppression. Also, the Storm Water Management Plan will be followed to mitigate soil
erosion during the construction phase.
After construction is completed the site will be stabilized using native vegetation in allowed
areas, which will not be allowed to grow over 12" high. Additionally, Plains will gravel the
access drive and all circulation areas on site. In addition, a water truck will be utilized to
control dust after construction, as needed.
Plains Tampa Loading Facility
iISR12 XXXX-2nd Submittal
Plains All American Pipeline L.P.
PLAINS IFBASELINE' 3
A I .L AMERICAN
I'IPI IJNE, L..P.
Section 2
PLAINS
ALL AMERICAN
PIPELINE, L.P.
1. Notification Requirements
In accordance with Section 23-2-260 (B) (9) of the Weld County Code a certified list of the
names and addresses of the owners of property within 500 feet of the subject property is
listed below and provided in the Appendix. The County is responsible for mailing the notice.
This list was created from the Assessor records of Weld County on November 9, 2012.
Colorado, State of
600 Grant St Ste 640
Denver CO 80203
Pluss Julius A Und '/2 Int
Kauffman Bros Ltd Partnership %2 Int
2400 Cherry Creek So Dr Apt. No. 306
Denver CO 80209
Vaughn Alan
Vaughn Lynnette
139 County Rd 29
Brighton CO 80633
Guttersen Ranches LLC
PO Box 2176
Greeley CO 80632
Kauffman Mark & Lee Partnership
8616 CR 63
Keenesburg CO 80643
Prospect Valley Dairy LLC
15857 Bear Mountain Blvd
Bakersfield CA 93311
Posted Notice:
In accordance with Section 23-2-210 of the Weld County Code a sign shall be posted by the
County on this proposed property stating that a Use by Special Review Permit has been
requested.
Plains Tampa Loading Facility
USR12-XXXX — 2nd Submittal
Plains All American Pipeline L.P.
PLAINS ASELINE 14
ALL AMERICAN
PIPELINE, L.P
r. ,,,,o Plowing Survey -mg
2. Operation Standards
NOISE CONTROL:
The operation of the Plains Tampa Loading Facility shall comply with the noise standards
enumerated in Section 25-12-101, C.R.S. Rail loading facilities are not subject to COGCC
noise regulations.
AIR AND WATER QUALITY:
All activities will be in compliance with the permit and control provisions of the Colorado
Air Quality Control Program, Title 25, Article 7, and C.R.S. as applicable. No waste water
will be discharged within the site. Human wastes will go into the permitted septic vault and
leach field.
LIGHTING:
Lighting on the site will be downcast and shielded lighting will be provided on the proposed
building. Lighting is for nighttime security and emergency work only.
Any source of lighting on the site 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 addition, neither direct nor reflected light from any light source on site
will create a traffic hazard to operators of motor vehicles on the adjacent access road.
WEED CONTROL:
The facility will be kept free of weeds, rubbish, and other waste material. The area shall be
treated if necessary and as practicable to prevent invasion of undesirable species and noxious
weeds.
Plains Tampa Loading Facility
USR12 XXXX — 2nd Submittal
Plains All American Pipeline L.P.
PLAINS MBASELINE'
ALL AMERICAN
PIPEL.INK, L.P.
.rrnnp PlOnnin9
3. Required Permits
Weld County:
A Use by Special Review Permit is required to be approved by the Board of County
Commissioners.
Access to the site from WCR 398 will be coordinated with the Weld County Department of
Public Works. A preliminary address has been assigned and will be finalized after the
approval of an access permit application.
Plains will submit any additional permits necessary for county approval prior to the
commencement of construction on site.
Southeast Weld Fire Protection District:
The Site Plan and Use by Special Review Application will be referred to and reviewed by the
Southeast Weld Fire Protection District. Approval of the plan is expected. A letter from the
fire district regarding this proposal will be added to the Appendix once it is received.
Oversize Load Permits:
If necessary, oversize load permits will be obtained prior to moving any new equipment onto
the site.
Access Permits:
Access permit applications have been submitted as part of this application. Please refer to the
Appendix.
Railroad:
Plains has been coordinating with the Burlington Northern Santa Fe Railroad on the
installation of a new private crossing.
Plains Tampa Loading Facility
USR 12-XXXX — 2nd Submittal
Plains All American Pipeline L.P.
Wi I I
PLAINS MBASELINE' `'
ALL AMERICAN n„ay Pluming
PIPELINE, L.P.
4. Traffic
Please see the Traffic Study located the Appendix.
5. Fire & Emergency Response
There is adequate provision for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and the county.
All roads leading to and those in the site area are designed and maintained to support fire
apparatus. Ample turnaround room to accommodate fire apparatus is present. All storage
tanks will be permanently mounted with foam nozzles according to API (American
Petroleum Institute standards. Plains has support personnel in the field or on call at all times
to provide technical assistance in fire prevention and elimination.
6. Spill Prevention, Control and Countermeasure
An SPCC plan will be created for the facility prior to putting oil in the tanks or commencing
any railcar loading activities. It is Plains' policy to create and maintain SPCC plans at all of
its non -transportation related facilities in accordance with 40 CFR Section 112. Upon
completion of the SPCC plan, a signed copy will be provided, per the request of Weld
County.
On Behalf of Plains AAP this Report has been prepared by:
BASELINE
Engineering Planning Surveying
Golden Office
700 1211i Street, Suite 220
Golden, CO 80401
303-202-5010 or 303-940-9966
www.baselinecorp.com
Plains Tampa Loading Facility
USRl2 XXXX — 2nd Submittal
Plains All American Pipeline L.P.
Greeley Office
710 11th Ave. #105
Greeley, CO 80631
970-353-7600
PLAINS `BASELINE "
ALL AMERICAN ,
titPEt nrt:, L.P.
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970)304-6496
Fax: (970)304-6497
Applicant
Name Vincent Harris
ACCESS PERMIT
APPLICATION FORM
Property Owner (If different than Applicant)
Name Plains Marketing, L. P.
Company Baseline Corporation Address PO Box 4648
Address 700 12th St, Suite 220
City Houston State TX Zip 77002
City Golden State CO Zip 80401 Phone 713-646-4220
Business Phone (303) 202-5010 x 217
Fax (303) 940-9959
E-mail vince@baselinecorp.com
Parcel Location & Sketch
The access is on WCR 398
Nearest Intersection: WCR 63 & WCR 398
Distance from Intersection 0.6 mile
Parcel Number 1303-17-0-00-009
Section/Township/RangeS17 T2N R63W
Is there an existing access to the property?()YES NO 0
Number of Existing Accesses
Road Surface Type & Construction Information
sphalt Gravel n Treated n Other
Culvert Size & Type TBD
Materials used to construct Access TBD
Construction Start Date TBD Finish Date TBD
Proposed Use
['Temporary (Tracking Pad Required)/ $75
['Small Commercial or Oil & Gas/$75
❑Field (Agriculture Only)/Exempt
Fax
E-mail gdtrimble@paalp.com
♦= Existing Access A= Proposed Access
T
N
WCR 63 (not built)
WCR 22 (not built)
W398
WCR 20 (not built)
WCR 65 (not built)
['Single Residential/$75 Industrial/$150
['Large Commercial/$150 ❑Subdivision/$150
Is this access associated with a Planning Process? nNo
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance
O
ORE ❑PUD ['Other
- Access Pictures (From the Left, Right, & into the access)
By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit
application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws
regarding facilities construction.
Signature �1� Printed Name
Vincent Harris
Date 9/7/2012
Approval or Denial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
Janet Carter
Weld County Dept. of Public Works
1111 H Street
Greeley, CO 80632
December 13, 2012
RE: Plains Tampa Loading Facility Access Permits
Dear Janet:
ALINE
Engineering . Planning • Surveying
On behalf of Plains All American Pipeline, L.P. and Plains Marketing, L.P. (Plains) I am
writing in regards to a submitted Use by Special Review application for a rail loading facility
near Keenesburg, referred to as the Plains Tampa Loading Facility (USR12-0075).
Attached to this letter you will find applications for two separate access points along Weld
County Road 398 that will service the rail loading site. The primary and permanent access
point will be utilized for the facility's daily operations and will cross the Burlington North
Santa Fe (BSNF) railroad. Plains has been coordinating this access with BNSF and they
will install the crossing across the railroad. This access permit application is dated
September 7, 2012 and was submitted with the first submittal of the USR permit application
for this project. The northern access, known as the Guttersen access, will be used by
Plains on a temporary basis during the construction of the proposed facility. The site
currently has no access to WCR 398 or to any other public road.
USR12-0075 is currently in the referral process. Plains respectfully requests that the
applications for the two access points be processed in as timely a fashion as possible in
order to begin preliminary work at the site.
If you have any questions or are in need of additional information please contact me at
303.202.5010 ext. 218 or ethanbaselinecorp.com.
Sincerely.
Ethan Watel
Senior Planner
CC: Kim Ogle, Weld County Planning
Emmanuel Oliver, Plains
Attachments:
• 2 x Access Permit Application
• 2 x Access Photos
• 2 x Traffic Control Diagram
• Overview map
Corporate Headquarters
Downtown Golden
700 12th Street, Suite 220
Golden, Colorado 80401
Ph 303.940.9966
Fax 303.940.9959
High Plains
Downtown Greeley
710 11th Avenue, Suite 105
Greeley, Colorado 80631
Ph 970.353.7600
Fax 970.353.7601
Rocky Mountains
Ski Village
1815 Central Park Drive, #370
Steamboat Springs, Colorado 80477
Ph 970.879.1825
Fox 866.242.9106
V COO,
t,vrti� Weld County Public Works Dept.
1111 H Street
IIP. ) P.O. Box 758
0, Greeley, CO 80632
(c W9 Phone: (970)304-6496
Fax: (970)304-6497
Applicant
Name Vincent Harris
Company Baseline Corporation
Address 700 12th St, Suite 220
ACCESS PERMIT
APPLICATION FORM
Property Owner (If different than Applicant)
Name Plains Marketing, L. P.
Address PO Box 4648
City Houston State TX Zip 77002
City Golden State CO Zip 80401 Phone 713-646-4220
Business Phone (303) 202-5010 x 217
Fax
Fax (303) 940-9959
E-mail vince@baselinecorpcom
Parcel Location & Sketch
The access is on WCR 398
Nearest Intersection: WCR 63 & WCR 398
Distance from Intersection 0.6 mile
Parcel Number 1303-17-0-00-009
Section/Township/Range S17 T2N R63W
E-mail gdtrimble@paalp.com
♦ = Existing Access A= Proposed Access
Is there an existing access to the property?OYES NO Q N
Number of Existing Accesses
Road Surface Type & Construction Information
sphalt Gravel n Treated l 1 Other
Culvert Size & Type TBD
Materials used to construct Access TBD
Construction Start Date TBD Finish Date TBD
Proposed Use
❑Temporary (Tracking Pad Required)/ $75
❑Small Commercial or Oil & Gas/$75
❑Field (Agriculture Only)/Exempt
WCR 63 (not built)
WCR 22 (not built)
W398
WCR 20 (not built)
❑Single Residential/$75
❑Large Commercial/$150
Is this access associated with a Planning Process? oNo
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance
WCR 65 (not built)
Industrial/$150
❑Subdivision/$150
ORE DPUD ElOther
- Access Pictures (From the Left, Right, & into the access)
By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit
application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws
regarding facilities construction.
Signature
Printed Name
Vincent Harris
Date 9/7/2012
Approval or Denial will be issued in minimum of 5 days. Approved by
Rev'sed Date 6/29/10
Proposed Access Point to Tampa Loading Facility
Looking down CR 398 to the right of the access
Looking down the roadway to the left of the access
3
Typical Traffic Control Plan Diagram
Proposed
Access
CR
398
Notes:
•
•
•
1. The above diagram is typical for normal shoulder work applications. Additional signing may be
required.
2. Vehicles or construction equipment shall not be parked in the travel way and should be moved to the
shoulder. If vehicles or construction equipment are not able to be moved out of the way of traffic,
channelizing devices are required for day use only. No night time obstructions are allowed.
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970)304-6496
Fax: (970)304-6497
Applicant
Name Vincent Harris (o/b/o Plains)
Company Baseline Corporation
Address 700 12th St, Suite 220
ACCESS PERMIT
APPLICATION FORM
Property Owner (If different than Applicant)
Name Guttersen Ranches LLC
Address PO Box 2176
City Greeley State CO zip 80632
city Golden State CO zip 80401 Phone
Business Phone (303) 202-5010 x 217 Fax
Fax (303) 940-9959
E-mail
E-mail vince@baselinecorp.com
♦= Existing Access A= Proposed Access
Parcel Location & Sketch
The access is on WCR 398
Nearest Intersection: WCR 63 & WCR 398
Distance from Intersection 1.8 mile
Parcel Number 1303-08-0-00-003
Section/Township/Range S8 T2N R63W
Is there an existing access to the property?QYES N0O
Number of Existing Accesses 1
Road Surface Type & Construction Information
Asphalt Gravel n eated El Other
Culvert Size & Type TBD
Materials used to construct Access TBD
Construction Start Date TBD Finish Date TBD
Proposed Use
Temporary (Tracking Pad Required)/ $75
❑Small Commercial or Oil & Gas/$75
❑Field (Agriculture Only)/Exempt
WCR 22 (not built)
WCR 24 (not built)
❑Single Residential/$75
Large Commercial/$150
Is this access associated with a Planning Process? ENo
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance
❑ Industrial/$150
❑ Subdivision/$150
ERE EPUD 00ther
USR12-0075
- Access Pictures (From the Left, Right, & into the access)
By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit
application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws
regarding facilities construction.
Signature 1,47 Printed Name Vincent Harris Date 12/10/12
Approval or Denial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
Guttersen Access Point
From CR 398 into Site
DUTTERSEN RANCH
1
Looking down CR 398 to the right of the access
2
Looking down the roadway to the left of the access
3
Typical Traffic Control Plan Diagram
ROAD
WORK
AHEAD
A
500 FT
CR
398
D
Proposed
Access
500 FT
Notes:
I. The above diagram is typical for normal shoulder work applications. Additional signing may be
required.
2. Vehicles or construction equipment shall not be parked in the travel way and should be moved to the
shoulder. If vehicles or construction equipment are not able to be moved out of the way of traffic,
channelizing devices are required for day use only. No night time obstructions are allowed.
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U
ACCESS AGREEMENT
L8518
STATE OF COLORADO
COUNTY OF WELD
This Access Agreement ("Agreement") is entered into by and between Guttersen
Ranches LLC hereinafter referred to as "Guttersen" or "Grantor" and Plains Marketing, L.P., a
Texas limited partnership authorized to do business in Colorado hereinafter referred to as
"Plains" or "Grantee." Either Guttersen or Plains may individually be referred to herein as
"Party" or jointly as "Parties."
WITNESSETH:
WHEREAS, Guttersen owns certain lands described as the SE/4 Section 8, Township 2
North, Range 63 West, lying East of the BNSF Rail Right Of Way, Weld County, Colorado,
hereinafter referred to as "Premises;"
WHEREAS, Grantee owns lands adjacent to the Premises and desires to secure from
Guttersen the right to cross the Premises for access to Grantee adjacent lands and to construct a
road on the Premises as more particularly described herein;
WHEREAS, Grantor is willing to grant access to Grantee subject to the terms of this
Agreement;
NOW, THEREFORE, Grantor and Grantee agree that Grantee's access to the Premises
will be subject to the following terms and conditions:
I. Access. Grantee, its employees, contractors, agents and any other project -related
parties, herein collectively referred to as "Grantee," is hereby granted the right and privilege to
cross the Premises from time to time and at anytime during the term of this Agreement as
defined in Paragraph 2 below and use the existing roads on the Premises. Grantee shall have the
right to ask Grantor to construct additional improvements referenced in Paragraph la on the
Premises and in such event the improvements shall be constructed by Grantor at a competitive
price similar to costs charged by other construction companies for similar services in Weld
County, Colorado. At the time of completion of any improvements or repairs referenced in
Paragraph la Grantor will invoice Grantee for all costs of such improvements and repairs.
a) Grantee agrees to utilize the services of Grantor for all construction activities on the
Premises undertaken in connection with this Agreement, including, but not limited to
road building and maintenance, gate installation, fencing, watering and the like.
111011111111
pq-e.173
• •
b) Grantee shall have the further right to use the existing private railroad crossing on the
Premises for access to and from Grantee's lands located adjacent to the subject
Premises.
2. Term. This Agreement shall be for an initial term of two (2) years commencing
September 15, 2012 at 7:00 a.m. Mountain time through September 14, 2014 at 5:00 p.m.
Mountain time. Either Grantor or Grantee may terminate this Agreement at the end of the initial
two-year term by giving the other Party sixty (60) days prior written notice at the address
indicated below or such other address as may be furnished in writing by either Party from time to
time. If neither Party gives notice of termination effective at the end of the initial term, this
Agreement shall be automatically extended for a third and final year and terminate on
September 14, 2015.
3. Rental. The rental due under this Agreement shall be
payable on or before September 15 for every year this
Agreement is in effect. By execution below Grantor acknowledges payment of
by Grantee as full payment of the rental payment due for the
initial year of this Agreement from September 15, 2012 through September 14, 2013. The
second year rental shall be due on or before September 15, 2013 and the third year's rental, if
applicable, shall be due on or before September 15, 2014.
4. Agents. It is understood and agreed that each person entering upon or crossing
the Premises under the terms of this Agreement shall be an agent of Grantee and Grantee shall be
fully responsible for all acts of any such agents.
5. Compliance. Grantee shall be subject to, shall comply with, and hereby agrees
that the access to the Premises covered by this Agreement shall be in compliance with all
applicable federal, state and local statutes, laws, regulations and ordinances, and abide by the
policies of Guttersen Ranches, including without limitation, the following:
a) Grantee has received a copy of the Guttersen Ranches policies and procedures and
agrees to comply with such regulations in conducting its operations or crossing the
Premises. Grantee, its employees, contractors and agents shall strictly observe a
maximum speed limited of 25 MPH while conducting operations on or crossing the
Premises.
b) Grantee shall keep any gates on the Premises closed and locked (if applicable) except
when either entering or exiting from the Premises.
c) Grantee shall not bring any firearms, animals, weapons, traps or poisons onto the
Premises.
6. Insurance. Grantee shall provide Grantor a certificate of insurance from an
insurance company authorized to do business in Colorado designating Grantor as the certificate
holder confirming that Grantee has comprehensive general liability, business liability and
2
• •
worker's compensation and employer's liability insurance coverage in the amounts indicated on
Exhibit "A."
7. Notices. All notices required or permitted shall be sufficient upon receipt for all
purposes hereunder if in writing and delivered personally, sent by documented overnight
delivery service or, to the extent receipt is confirmed, telecopy, telefax or other electronic
transmission service to the appropriate address or number as set forth below. Either Party may,
by written notice so delivered to the other, change the address to which delivery shall thereafter
be made. Notices shall be addressed to:
(Grantor)
Guttersen Ranches, LLC
Box 2176
Greeley, Colorado 80631
Attn:
Phone:
Fax:
e-mail:
(Grantee)
Plains Marketing, L.P.
P.O. Box 4648
Houston, Texas 77210-4648
Attn: George N. Polvdoros, Jr.
Phone: 713-993-5681
Fax: _713-646-4146
e-mail: gnpolvdoros@naalp.com
with a copy to:
Lawrence J. Dreyfuss
Vice President
333 Clay Street, Suite 1600
Houston, Texas 77002
Phone: 713-646-4100
Fax: 713-646-4261
e-mail: ljdreyfuss@paalp.com
8. Damage. Other than the normal damage to the land associated with road building
and use of roads in conformance with this Agreement, Grantee will be responsible for the repair,
or at Grantor's sole option the cost of repair, of any damage to the Premises or for the cost of
replacement or repair to any of Grantor's personal property thereon, caused as a result of the
Grantee's and its agents' use of the Premises.
9. Indemnity. Grantee agrees to indemnify, defend and hold Grantor harmless from
and against any and all claims, demands, and causes of action, losses, damages, fines, penalties
and expenses, (including personal injuries, death and/or property damage belonging to any party
including but not limited to reasonable attorneys' fees and court costs) directly or indirectly
arising out of or resulting from any operation or activity of grantee, or its employees, agents,
invitees, or subcontractors in connection with this Agreement.
10. Amendment. No change, modification of or addition to this Agreement shall be
effective unless in writing and signed by both Parties. This Agreement constitutes the entire
understanding between the Parties relating to access to the Premises and supersedes any prior
negotiations, understandings and agreements, written or oral, with respect to such access.
3
• •
11. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Colorado, exclusive of any conflicts of law rules of that
state.
12. Invalid Provisions. If any provision or portion of this Agreement is determined to
be invalid by a court of law, only those portions found to be void, unenforceable, or against
public policy shall be deleted and the remainder of this Agreement shall remain in full force and
effect.
13. Assignment. Grantee shall not assign any of its rights, Privileges, duties, or
obligations hereunder without the prior written consent of Grantor, which consent shall not be
unreasonably withheld, delayed or conditioned.
14. Binding Agreement. The terms, Privileges and conditions herein shall extend to
and be binding upon and inure to the benefit of the Parties hereto, their successors and assigns.
Executed in duplicate originals on the dates set forth below but effective September 15, 2012.
Guttersen Ranches LLC
By-
Nam TT,KIe5x
Title: m'4' 9 A/2 --
Date:
STATE OF COLORADO
Plains Marketi ' _ .P.
By Plains = k- ing GP Inc.
Its Gene P. er
By:
Name: George N. Polydoros, Jr.
Title: Att me -in-Fact
Date: 9/a4///
COUNTY OF WELD
This instrument was executed on September¢ Q , 2012 by ¶Y WXQML \( PJ\ as
of Guttersen Ranches LLC.
Not'diy1ublic, State of Colorado
Notary printed name: )ri.AM, CO.MO)Cc\�
My Commission expires: LA- • 1A
4
• •
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was executed on September•W , 2012 by George N. Polydoros, Jr. as Attorney -in -
Fact for Plains Marketing GP Inc., general partner of Plains Marketing, L.P. on behalf of the
corporation and limited partnership.
D. K. REED •
Notary Public. State of Texas
My Commission Expires
October 23. 2014
kui
Notary Public, State of Colorado v
Notary printed name:
My Commission expires:
5
• •
EXHIBIT AA
Insurance Coverage to be
Provided by Plains Marketing, L.P.
I. Comprehensive General Liability
A. Blanket contractual liability
B. Completed operations to cover liability for bodily injury and property damage, not
less than $1,000,000 per occurrence
II. Business Automobile Liability
Covering all motor vehicles owned, hired, or non -owned used on the Premises including
liability for bodily injury and property damage, not less than $1,000,000 per occurrence
III. Worker's Compensation and Employers' Liability
A. Worker's compensation covering the employees of Grantee for all compensation
and other benefits required under Colorado law.
B. Employers' Liability, not less than $1,000,000 per occurrence
IV. All policies shall provide for thirty (30) days written notice of cancellation to the
Certificate Holder.
6
VA/110-Aird-
RA /L l4YA Y
PRIVATE CROSSINGS PROCESS INSTRUCTIONS
In an effort to improve safety for the communities we serve, our customers and our employees a goal, of
the BNSF Railway Company, is to reduce the overall number of grade crossings. With this in mind, you
should exhaust all other options before submitting an application for a new grade crossing. A crossing
may be denied by BNSF for safety and operational reasons and the $600.00 processing fee will not be
refunded, if denied.
Licensing Process:
1. Once the application package is received by Jones Lang LaSalle Brokerage, Inc. (JLL), the
application and drawing will be forwarded to the engineering firm to prepare the Exhibit "A" drawings
for the contract. This process takes approximately 10 to 15 working days.
2. When the Exhibit "A" is completed, the package will be forwarded to BNSF's Director of Field Safety
for approval. This process will take a minimum of 30 days.
a. If this is a new crossing, an estimate by BNSF Engineering will be prepared. Costs for
private crossings will be determined by BNSF and forwarded to you for approval and
payment prior to any work being done. This will take an additional 30 days.
3. Once approvals have been received, a contract will be prepared and two (2) copies will be forwarded
to you for an original signature. A letter will be sent to you that will provide directions regarding
insurance and any additional fees.
4. Return the signed contracts (2 contracts with original signatures), along with the appropriate
payment to JLL's Permit Department.
5. The final contracts, with original signatures, will be presented for execution provided payment has
been received and insurance has been approved.
6. Once the contract is executed, one original will be returned to you for your files.
7. The cover letter and the executed contract will list the Roadmaster's name and phone number. You
will need to contact the Roadmaster ten (10) days prior to beginning work.
Process Time:
Please be advised that the average time period for completion of this process is 4 weeks from the time
that the application is received. Every effort will be made to complete this process in a timely manner.
An Agreement will be provided to you, which contains details concerning insurance requirements.
Please send the following so we may process your License request:
1. Completed Application.
2. $600 non-refundable processing fee. Check should be made payable to BNSF Railway Company.
3. One set of drawings (no larger than 11 x 17) for the area to be occupied. (Include: streets, distance from
tracks and streets, mileposts if available and any distinguishing land marks.) Please ensure all information is
accurate, as each change will add an additional $600 to the processing fee.
Forward to:
Jones Lang LaSalle Brokerage, Inc.
Attn: Permit Services -Private Crossings
4300 Amon Carter Blvd.
Suite 100
Ft. Worth, TX 76155
I
B/VSF
RA /L WAY
Jones Lang LaSalle Brokerage, Inc.
ATTN: Permit Services
4300 Amon Carter Blvd.
Suite 100
Fort Worth, Texas 76155
APPLICATION FOR PRIVATE CROSSING
Applicants Tax ID # 76-0587115
or SS#
We submit for your approval the following for a private crossing we propose to build across BNSF RAILWAY COMPANY'S right-of-way, as
shown on the enclosed sketch.
Applicant understands he or she will be requested to sign a crossing permit, which will provide that Applicant will:
1) assume the cost to construct the crossing,
2) furnish insurance as requested by BNSF Railway Company,
3) reimburse BNSF Railway Company for expenses incurred to maintain this crossing and
4) if crossing is temporary assume the cost to remove the crossing.
Legal Name to be shown on Permit: Plains Marketing, L.P.
If a corporation, State in which incorporated: Texas If not incorporated, attach name(s) of owners or partners.)
Address: 333 Clay St, Suite 1600, Houston, TX 77002
Phone #: 7136464100
FAX: 7136464166
Contact Name: Emmanuel Olivier Email Address: emolivier@paalp.com
Is this project ARRA funded: Yes
Is Applicant a Railroad Shipper? Yes
If yes, BNSF Marketing Representative name:
El
El
No
No ❑
Genevieve Brazzell
Crossing Location:
City Tampa County Weld
Highway Name / Number Private
SW 1/4 Section 17 Township
Is Crossing New M or Existing?
Type of Crossing:
plank n concrete
Width of Crossing 48'
Is Crossing Permanent ® or Temporary
Is the Crossing for Residential n Farm
Type of user vehicle:
Auto n Pickup n Van n
Other private crossings in the vicinity? Yes
If yes, give distance / direction from the crossing: 6100' North
Phone # (403) 777-1117
State CO
Crossing is located at RR Milepost 501.82 DOT # TBD
2N Range 63W Latitude 40.135N Longitude 104.464W
❑ No
El
n If Existing does it require rehab? Yes
other ❑
Describe:
n If Temporary, specify time period crossing will be required.
❑ or Commercial ® Number of vehicle crossings a day
Ind
El
ustrial
No
El
If Industrial, type.
Crude oil tanker trucks
100
What is the distance to the nearest public crossing in either direction: 3550' South (Co Rd 63); 30,780' North (Co Rd 73)
Do you own or lease the land on either side of your crossing: Own ® Lease El
If leased, provide owners name N/A Phone # N/A
If leased please attach written authorization from legal owner with application.
If this is an existing crossing, how many families are using it now? N/A If known, attach names and addresses.
If Cooperative use, please attach names and permit numbers held by others and provide proof of land ownership.
What are the future plans for this property? Load unit trains and potentially manifest cars to ship crude oil
Date: 6/29/2012 Signed: - L)
Print Name: Emmanuel Olivier
Title: Project Engineer
Phone #: 713-646-4383 FAX 713-646-4166
If you require additional assistance, please contact Heather Calhoun at (817) 230-2633 or Heather.Calhoun@am.jll.com.
AIR POLLUTANT EMISSION NOTICE (APEN) & Application for Construction Permit — General
Emission Source
[Leave blank unless APCD has already assigned a permit # & AIRS ID]
Permit Number:
[Provide Facility Equipment ED to identify how this equipment is referenced within your organizatio
Facility Equipment ID:
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Section 02 — Re
Section 01 — Administrative Information
Request for NEW permit or newly reported emission source
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Request PORTABLE source permit
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