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Home My WebLink About20100164.tiff EXHIBIT Weld County Planning Department 6. P\• " GREELEY OFFICE t APR n 3 Mf19 /`6(o3to( N 21 Z RECEIVED p eeperwts, coo inema 812.007 w. /Col /-', t sc A0 : ;Of 0;'t /ZArek 10 Cetde C/Si? /&9 S , a70,o&e;.n7 c w wa 4te own- /t4 u� d /L�lo -4-1/� /1 CF 0/ A Yro—n (=7,m 1 7 t o,JJ a/7v to . TA, r. C# an/74-2A (p''OO a$ ..t,c 03 7.ar1 ala ) ate � h no 7uf-aen0 , .alt eo-r4 o- c;,J 4- aka; a-s-S ren dtrino pant r.,....,o�7 eidef 7 -t 'ea L,Pfp 4 or tad tart /z% ,r, o) a, de.eer o& pub t >omivod .erzat tent- a 1470 A of aehao i. ,oho on v Tha7/c-e o Q . -eotel 4 ce 2v, Cf. Cl� iYr /47.#0,7v cc7 Condta z arrr n 76 „tr./„45.0 _evert a-e ,Gnea flit fi value • out arc/ ao / QP, ,r,r,e- 7* p .earlon.? 724f4•7, en- 'a Of)-77'no ,r te.. rrA . r� e r� of cedevz- 1'ieeo 2010-0164 • f/r7Vtd .fie 0447, aZcz 7a oz/ �Frc >t A21 owl' o/leA , aric/ cz / 17211fial r 11,4114y .t ° Ozior .y6e -eakZ y /Pfede 07 a0 1 w-te ma( cviga4 7. 4 zJo ,6 7/2us'f OG a M4E' wh ,©cr r z4 corraS ioz oven a U• � h/ aoAce,07 ham- �'� , ,�-€A4P 1* • , 4iE /a r4 to i`e Ts a-n_ 1? �aAAee�-C/o 1 7a 75-var;' ct i, /f e/ -fo v. i rAe4 ineor o z5o 7i-74,tc,,go c/ r T ,vvoaeo d/ sc 7* -6;6% „ .rte a,/ ja/ 7a Gam. Avvet; dam/ M me ` 7che/r 4 c'Pti ACedge;1 70 ,ertrA cr w9 64y /%' �� t�r.�aP 70 90ine • cone '?n4 a. / . N1,7ereo7ifie 247 is a av d a/ _ A0 Sco-#/ r" 1 f hq 18!03& WCt '15 Ph* Vil/r , CO u&.5/ Weld County Planning Department GREELEY OFFICE NOV 09 ?MP 41. LIND, LAWRENCE & OTTENHOFF LLP RECEIVED Attorneys and Counselors at Law 355 EASTMAN PARK DRIVE,SUITE 200 WINDSOR,COLORADO 80550 GEORGE H.OTTENHOFF TELEPHONE:970-674-9888 BRADLEY C.GRASMICK KENNETH F.LIND TELECOPIER'.970-674-9535 DAVID P.JONES KIM R.LAWRENCE MEGAN R.PETERSON+ P.ANDREW JONES chrys@llolawcomJAMES D. BRAMER' SPECIAL COUNSEL CLINTON P.SWIFT CHRYSTEN S.HINZE KELLY J.CUSTER W W W.LLOLAW.COM CHARLES C.CAVANAGH++ 721 EAST LINCOLN WAY CHEYENNE,WY 82001 TELEPHONE 307-635-2480 'Also admitted in Wyoming . EXHIBIT +Also admitted in Wisconsin November 6, 2009 Platteville/Gilcrest Fire Protection District ATTN: Russell Kissler P.O. box 407 Platteville, CO 80651 RE: A&W Water Service, Inc. USR Application 1695 (Highway 60 and WCR 38.5) Dear Mr. Kissler, By way of follow-up to your previous meeting with Gary Wright of A&W Water Service, Inc. concerning the above-referenced USR application, this will confirm that A&W Water Service, Inc. has noted and is incorporating the requests of your letter of April 27, 2009 concerning available water for fire fighting. • This letter serves also to advise the Fire Protection District that Oil, Polymer and Biocide are anticipated to be stored on the site. Specifically, once the Reverse Osmosis facility is operational, that site will store some amounts of oil, polymer and biocide. Polymer is anticipated to be delivered on a pallet to the site in a 55-gallon drum with threaded fitting, and fork-lifted in place. A hose connects the drum to the mixer. Cleaned water from the reverse osmosis unit will be supplied through a hose, also connecting to the mixer. The mixing unit will serve to highly dilute the polymer to approximately 200:1 (200 parts water to 1 part polymer). This solution is delivered to the dewatering bins. One drum will be delivered at a time with a total of two drums on site at any time. Biocide is anticipated to be delivered in bulk delivery with approximately 4600 gallons per load. The truck will offload using a 2" camlock and will connect to a 2" camlock on the building. The biocide will be pumped in to a 6500 gallon poly tank that • is inside a berm that has the capacity of 110% of the tank capacity. The tank will be hard plumbed with a 2in PVC line and will be sent to an inline mixer that mixes with the oil-free process water. The dilution with oil-free process water will be less than 1:100 (1 part biocide to 100 parts oil-free process water). Oil is anticipated to be stored in two 400-barrel oil tanks at the Reverse Osmosis site. Once the truck washout facility is operational, one 20,000 gallon tank will store oil at that location, as well. A&W Water Service does not expect to implement the Reverse Osmosis and truck washout sites for some time. Storage and handling of these items will be in compliance with industry standards, and local, state and federal requirements Applicable MSDS sheets are enclosed. As to fencing and access, the only part oftlie property which will be fenced is the pipe storage yard. Fencing will be on the south along the access road, only. There will be a gated access into the USR site on the south from the private access road. There is an existing oil and gas road north of the USR site directly off Highway 60 which may be used for emergency access, as well. Once the fencing and gates are installed, a lock box and key can be provided strictly for fire district use. Modifications to the existing residence for use as an office are not contemplated at this time. Thank you for your consideration. a Sincerely, ND, LAWRENCE & OTTENHOFF, LLP Chrysten S. Hinze End. Cc: A&W Water Service, Inc. Weld County Planning Services • LegaCSoCutions for Colorado and the West S Univar USA Inc. 17425 NE Union Bill Road Redmond,WA 98052 (425)889-3400 UfI AR For Emergency Assistance involving chemicals call- CHEMTREC (800)424-9300 The Version Date and Number for this MSDS is : 09/11/2007 - #022 PRODUCT NAME: LIQUICHLOR/SODIUM HYPOCHLORITE 9-16% MSDS NUMBER: 0X622680 DATE ISSUED: 09/11/2007 SUPERSEDES: 01/23/2006 ISSUED BY: 008546 *************************************************************************** *************************************************************************** MATERIAL SAFETY DATA SHEET SECTION I IDENTIFICATION Distribution: UNIVAR USA 17425 NE Union Hill Road Redmond, WA 98052 425-889-3400 TRADE NAME: LIQUICHLOR/SODIUM HYPOCHLORITE 9-16% CHEMICAL NAME: Sodium Hypochlorite FORMULA: Na0C1 DOT SHIPPING NAME: Hypochlorite Solution DOT HAZARD CLASS: 8 UN/NA NUMBER: UN 1791 DOT LABEL: Corrosive DOT PLACARD: Corrosive PACKING GROUP: III REPORTABLE QUANTITY: Sodium Hypochlorite: 100 Pounds/45.4 Kilograms N CAS NUMBER: 7681-52-9 NFPA DESIGNATION: Health 3 Fire 0 Reactivity 1 HMIS DESIGNATION: Health 3 Fire 0 Reactivity 1 S SECTION II - HAZARDOUS INGREDIENTS MATERIAL % BY CAS NO. OSHA ACGIH WEIGHT PEL TLV Sodium Hypochlorite 9-16 7681-52-9 N/A N/A Sodium Hydroxide 0.1-2.0 1310-73-2 2mg/m3 2mWm3 STEL ceiling /CEIL(c) ceiling Inert Ingredients Balance N/A N/A N/A CARCINOGENICITY STATUS: NTP - No, IARC - No, OSHA - No. SECTION III - PHYSICAL DATA APPEARANCE: Yellow-green liquid BOILING POINT: 219 deg F (104 deg C) for 12.5% Na0C1 by wt. FREEZING POINT: - 11 deg F (- 24 deg C) for 12.5% NaOC1 by wt. ODOR: Chlorine pH: 12.5 - 13.5 s.u. @ 25 deg C VISCOSITY (Cs) : 2.15 @ 23 deg C for 12.5% NaOCl by wt. % VOLATILE BY VOLUME: Variable water plus products of decomposition SOLUBILITY IN WATER: Complete SPECIFIC GRAVITY (Water----1) : 1.196 @ 20 deg C for 12.5% Na0C1 by wt. VAPOR DENSITY (AIRal) : Not available VAPOR PRESSURE (mm Hg) : Variable water plus products of decomposition SECTION IV - FIRE AND EXPLOSION DATA FLASH POINT (Test method) : Not applicable • AUTO IGNITION TEMPERATURE: Not applicable FLAMMABLE LIMITS IN AIR (Volume &) : Not applicable EXTINGUISHING MEDIA: Flood with water or carbon dioxide (C02) SPECIAL FIRE FIGHTING PROCEDURES: Use National Institute of Occupational Safety & Health (NIOSH) approved respirator with acid type canister or use self-contained breathing apparatus. Unusual fire and explosion hazards: material is a strong oxidizer. Contact with combustibles may initiate or promote combustion. Acid and heat accelerate decomposition. Decomposition products may include chlorine. SECTION V - HEALTH HAZARD INFORMATION MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE No medical conditions are known to be aggravated by exposure. ROUTES OF EXPOSURE INHALATION: Fumes from spills can cause severe irritation and chemical burns to the nose, throat, and lungs. Very little hazard from properly stored solution. SKIN CONTACT: Severe irritant, reddening of skin, can cause chemical burns to skin. SKIN ABSORPTION: Same as skin contact. EYE CONTACT: Severe irritant, corrosive, can severely burn eyes. INGESTION: Causes irritation of membranes of the mouth, throat, and stomach pain and possible ulceration. LD50 (oral, rat) for 12.5% NaOCl is approximately 5 g/kg body weight. EFFECTS OF OVEREXPOSURE ACUTE OVEREXPOSURE (see Routes of Exposure above) SWALLOWING: See "ingestion" under routes of exposure. SKIN CONTACT: severe Irritant, reddening of skin, skin damage, chemical burns. INHALATION: Fumes from spills are very irritating to mucous membranes. EYE CONTACT: Extreme irritant, corrosive. CHRONIC OVEREXPOSURE (see Routes of Exposure above) EYE: Can cause damage. SKIN: Can cause damage, chemical burns. EMERGENCY AND FIRST AID PROCEDURES IF ON SKIN OR CLOTHING: Take off contaminated clothing rinse skin immediately with plenty of water for 15-20 minutes; call a poison control center or doctor for treatment advice. IF IN EYES: Hold eye open and rinse slowly and gently with water for 15-20 minutes; remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye; call a poison control center or doctor for treatment advice. IF SWALLOWED: Call poison control center or doctor immediately for treatment advice; have person sip a glass of water if able to swallow, do not induce vomiting unless told to do so by the poison control center or doctor, do not give anything by mouth to an unconscious person. IF INHALED: Move person to fresh air; if person is not breathing. call 911 or an ambulance, then give artificial respiration, preferably by mouth-to-mouth, if possible; call a poison control center or doctor for further treatment advice. Have the product container or label with you when calling a poison control center or doctor, or going for treatment. SECTION VI - REACTIVITY DATA CONDITIONS CONTRIBUTING TO INSTABILITY Solutions are fairly stable in concentrations below 10%. Stability decreases with concentration, heat, light, exposure, decrease in pH, and contamination with heavy metals, such as nickel, cobalt, copper, and iron. INCOMPATIBILITY Acids, alcohols, amines, ammonia, chlorinated isocyanurates, combustibles, cyanides, detergents, ethers, hydrocarbons, oxidizable materials, reducing 0 agents. Corrosive to most metals . DECOMPOSITION PRODUCTS Hypochlorous Acid (HOC1) , chlorine, hydrochloric acid. Composition depends upon temperature and decrease in pH. Additional decomposition products, which depend upon pH, temperature and time, are sodium chloride, sodium chlorate and oxygen. CONDITIONS CONTRIBUTING TO HAZARDOUS POLYMERIZATION Will not occur. SECTION VII - SPILL OR LEAK PROCEDURES IN THE EVENT OF A TRANSPORTATION EMERGENCY, CALL CHEMTREC: (800) 424-9300 STEPS TO BE TAKEN IF MATERIAL IS RELEASED OR SPILLED Cleanup personnel must wear proper protective equipment (See Section VIII) . Contain in diked area. Neutralize with sodium bisulfite or ferrous salt solutions. Place neutralized material in DOT specification approved container(s) . Flush area with large amounts of water. Comply with all Federal, State and Local reporting requirements. WASTE DISPOSAL Contact Federal, State, County, and Local environmental regulators for guidance regarding proper disposal . RCRA: Test waste material for corrosivity, D002, prior to disposal. SECTION VIII - SPECIAL PROTECTION INFORMATION VENTILATION REQUIREMENTS: Local exhaust is recommended. SPECIFIC PERSONAL PROTECTIVE EQUIPMENT RESPIRATORY: Use National Institute of Occupational Safety and Health (NIOSH) or Mine Safety and Health Administration (MSHA) approved respirator appropriate for this product when permissible exposure limits are exceeded. EYES: Use chemical goggles and face shield. GLOVES: Use chemical resistant rubber, plastic, or neoprene gloves. OTHER: Use chemical resistant splash apron and boots. Safety shower and eye wash fountain should be located nearby. SECTION IX - SPECIAL PRECAUTIONS PRECAUTIONS TO BE TAKEN IN HANDLING DANGER: This product is corrosive and may cause severe skin irritation or chemical burns to broken skin. Causes eye damage. Do not get in eyes, on skin or on clothing. Wear goggles and face shield and chemical resistant gloves when handling this product. Wash after handling. Avoid breathing vapors. Vacate poorly ventilated areas as soon as possible. Do not return until odors have dissipated. PROPER STORAGE AND DISPOSAL REQUIREMENTS Store this product in a cool, dry area away from direct sunlight and heat to avoid deterioration. In case of spill, flood areas with large quantities of • water. Disposal for domestic use: Do not reuse container. Rinse thoroughly before discarding in trash. Disposal for all other uses: Triple rinse (or equivalent) . Then offer for recycling or reconditioning, or puncture and dispose of in a sanitary landfill, or incineration, or, if allowed by state and local authorities, by burning. If burned, stay out of smoke. Do not contaminate water, food, or feed by storage, disposal or cleaning of equipment. Store in an upright position! ! ! OTHER PRECAUTIONS STRONG OXIDIZING AGENT: Mix only with water according to label directions. Mixing this product with gross filth such as feces, urine, etc., or with ammonia, acids, detergents or other chemicals may release hazardous gases irritating to eyes, lungs and mucous membranes. SECTION X REGULATORY STATUS INFORMATION This product is listed in the Toxic Substances Control Act (TSCA) Inventory Of Chemical Substances. Manufactured in Accordance with ANNA Standard for Hypochlorites, AWWA B300- 99. SARA Title III Extremely Hazardous Substance: No SARA Title III Toxic Chemical: No SARA 311/312: Acute Hazard, Chronic Hazard, Fire Hazard, Reactivity Hazard EPA CLEAN AIR ACT: This product does not contain nor is it manufactured with Ozone depleting substances. Super fund Reportable Discharge = 100 pounds (100% NaOCl) CERCLA Hazardous Material: Yes California Proposition 65: No For Additional Information: Contact:MSDS Coordinator-Univar USA During business hours,Pacific Time-(425) 889-3400 NOTICE Univar USA expressly disclaims all express or implied warranties of merchantibility and fitness for a particular purpose with respect to the product or information provided herein, and shall under no circumstances be liable for incidental or consequential damages. Do not use ingredient information and/or ingredient percentages in this MSDS as a product specification. For product specification information refer to a Product Specification Sheet and/or a Certificate of Analysis. These can be obtained from your local Univar USA Sales Office. All information appearing herein is based upon data obtained from the manufacturer and/or recognized technical sources. While the information is believed to be accurate,Univar USA makes no representations as to its accuracy or sufficiency. Conditions of use are beyond Univar USA's control. Therefore,users are responsible to verify this data under their own operating conditions to determine whether the product is suitable for their particular purposes,and they assume all risks of their use,handling, and disposal of the product or from the publication or use of,or reliance upon,information contained herein. This information relates only to the product designated herein and does not relate to its use in combination with any other material or in any other process. END OF MSDS a SO S United States Office of Water EPA 816-R-99-014 Environmental Protection (4607) April 1999 Agency OEM Alternative Disinfectants and Oxidants Guidance Manual a M 2. DISINFECTANT USE IN WATER TREATMENT 2.7.1.2 Hypochlorite In addition to chlorine gas, chlorine is also available in hypochlorite form as both aqueous solutions and dry solids. The most common aqueous hypochlorite solution is sodium hypochlorite. The most common form of dry solid hypochlorite is calcium hypochlorite(White, 1992). Sodium Hypochlorite. Sodium hypochlorite is produced when chlorine gas is dissolved in a sodium hydroxide solution. Sodium hypochlorite solution typically contains 12.5 percent available chlorine (White, 1992). One gallon of 12.5 percent sodium hypochlorite solution typically contains the equivalent of one pound of chlorine. The reaction between sodium hypochlorite and water is shown in the following reaction: NaOCI+H2O= HOCI+Nay+OH' Equation 3 Equation 3 shows that the application of sodium hypochlorite to water produces hypochlorous acid, similar to chlorine gas hydrolysis(Equation 1). However, unlike chlorine hydrolysis,the addition of sodium hypochlorite to water yields a hydroxyl ion that will increase the pH of the water. In addition,excess sodium hydroxide is used to manufacture sodium hypochlorite,which will further increase the pH of the water. Calcium Hypochlorite. Calcium hypochlorite is formed from the precipitate that results from dissolving chlorine gas in a solution of calcium oxide(lime)and sodium hydroxide. Granular calcium hypochlorite commercially available typically contains 65 percent available chlorine. This means that 1,5 pounds of calcium hypochlorite contains the equivalent of one pound of chlorine. The reaction between calcium hypochlorite and water is shown in the following reaction: Ca(OC1)2+2Hz0= 2HOCI+Ca"+2OH' Equation 4 Equation 4 shows that the application of calcium hypochlorite to water also produces hypochlorous acid,similar to chlorine gas hydrolysis(Equation 1). Similar to sodium hypochlorite solution,the addition of calcium hypochlorite to water yields hydroxyl ions that will increase the pH of the water. 2.7.2 Chlorine Generation Onsite generation of chlorine has recently become practical. These generation systems,using only salt and electric power, can be designed to meet disinfection and residual standards and to operate unattended at remote sites. Considerations for chlorine generation include cost, concentration of the brine produced,availability of raw materials,and the reliability of the process(AWWA and ASCE, 1997). 2.7.2.1 Chlorine Chlorine gas can be generated by a number of processes including the electrolysis of alkaline brine or hydrochloric acid,the reaction between sodium chloride and nitric acid,or the oxidation of EPA Guidance Manual 2-32 April 1999 Alternative Disinfectants and Oxidants 2. DISINFECTANT USE IN WATER TREATMENT hydrochloric acid. About 70 percent of the chlorine produced in the United States is manufactured from the electrolysis of salt brine and caustic solutions in a diaphragm cell(White, 1992). Since chlorine is a stable compound,it is typically produced off-site by a chemical manufacturer. Once produced,chlorine is packaged as a liquefied gas under pressure for delivery to the site in railcars, tanker trucks,or cylinders. 2.7.2.2 Sodium Hypoch/orite Dilute sodium hypochlorite solutions(less than 1 percent)pan be generated electrochemically on-site from salt brine solution. Typically, sodium hypochlorite solutions are referred to as liquid bleach or Javelle water. Generally,the commercial or industrial grade solutions produced have hypochlorite strengths of 10 to 16 percent. The stability of sodium hypochlorite solution depends on the hypochlorite concentration,the storage temperature,the length of storage(time),the impurities of the solution,and exposure to light Decomposition of hypochlorite over time can affect the feed rate and dosage,as well as produce undesirable byproducts such as chlorite ions or chlorate(Gordon et al., 1995). Because of the storage problems,many systems are investigating onsite generation of hypochlorite in lieu of its purchase from a manufacturer or vendor(USEPA, 1998b). 2.7.2.3 Calcium Hypoch/orite To produce calcium hypochlorite, hypochlorous acid is made by adding chlorine monoxide to water and then neutralizing it with a lime slurry to create a solution of calcium hypochlorite. The water is removed from the solution, leaving granulated calcium hypochlorite. Generally,the final product contains up to 70 percent available chlorine and 4 to 6 percent lime. Storage of calcium hypochlorite is a major safety consideration. It should never be stored where it is subject to heat or allowed to contact any organic material of an easily oxidized nature(USEPA, 1998b). 21.3 Primary Uses and Points of Application of Chlorine 2.7.3.1 Uses The main usage of chlorine in drinking water treatment is for disinfection. However,chlorine has also found application for a variety of other water treatment objectives such as,the control of nuisance organisms,oxidation of taste and odor compounds,oxidation of iron and manganese,color removal,and as a general treatment aid to filtration and sedimentation processes(White, 1992; Connell, 1996;Culp/Wesner/Culp, 1986). Table 2-18 presents a summary of chlorine uses and doses. • April 1999 2-33 EPA Guidance Manual Alternative Disinfectants and Oxidants OBAKEB1`...'...."I:T" 1.800-BAKER 12 Search raY+camaa•se raumyc PRODUCTS APPLICATIONS ABOUT NEWS/EVENTS FAQ CONTACT Poly Tanks • Total DrainSafi Forklihable .- Baker Reliable,Baker Responsive.Baker Tough. Adiuslavalve Baker Poly Tanks. Whenever there's a need to store caustic or acidic materials on she, there Is a specific Baker solution tiers right far the job.With an available inventory featuring the widest variety of poly tanks in the Poly Yreka¢ Industry,Baker has the tank to handle your need to store everything from water to acid. POLY TANK BERMS Various con turetfons available, including poly lank bertha for And that's why chemical plants,refineries,and wastewater treatment gallon tanks, 4,000 on and gallon tank■, facilities across the country rely on Baker to provide the product and services they need at a competitive coat. EASY CLEANING The Baker Advantage Our Total Drain poly tanks have 0 drainage valves level with the floor of the tank,insuring easy cleaning • The best chemical compatibility in the business-Baker tanks as well as minimum waste left in the tank are built jobsite tough with hgh•density,p polyethylene. polyethylen • Easy cleaning features-You can gravity drain the entire contents of the tank.Removing sediment Is no problem. • Built for maximum safety and security-From EZ Set Berms to the most rigorous quality control system in the industry,Baker provides a level of employee safety and environmental protection second to none. • Versatile extras-Berms and manifold capabilities are available for all sizes of poly tanks, Teem Bekeru Fakerfrm Emcee Cr Copyright,2000,BekerCorp a III ®BAKER Technical Information Manual 2.4.4 PRODUCT DATA SHEET 6500 GALLON POLY TANK January,2007 (Original Style and Total Drain) GENERAL INFO/LW/1770N RES7MCUa This type df tank Is not to be used for food applications Potable s Sulfuric Add _ • 80%concentration maximum water appAotlons are not acceptable reviewed 6ydre ConporatedBc flrstfor and must be Storage • the only tanks with equipment WVGII7IAA.DMEASURES numbers 2 7376 . . ' • Previously repaired tank cannot be • Capadty. _ 6500 gallons'nominal) used(equipment number should have • Height': _ 10'-6'(to top tangent Nnei • 100'F rraidmum temperature 1 I'-11'(to top of dome) • Top fill only 12'-4"(to highest point on top fidl • Top manway must be open during pneumatic fling of tank • Diameter _ Ill'-0'(nominal) • Use flexible plumbing fixtures resistant to sulfuric add • Weight": _ Tank: 1700 lbs.-1975 lbs. FEMMES' Pad:400 lbs.-450lbs. • Top Vent _ 2"PVC liven t(two threaded street elbows) Wades with Mgb of manufacture t Does not include height of ped.Add fetiInchesfor pad hdmess to determine heghts from grade when pad is used. • Manway, _ Top mounted with 24'opening(34 inch diameter screw-on cover) DEAGNFr1RAME7ERS IND • Tank _ High Density Polyethylene •• Valves: _ 3'butterfly valve with PVC body and disc Material: Viton(-Ring seal and 316 SS stem • Design _ Opsi-vented to atmosphere Pressure • Ladder _ Top mounted bracket for ladder hook-up. Ladder is not permanently mounted to • Design _ 0 psi-vented to atmosphere tank Vacuum: • Spec.Gravity _ Original Style-1.65 • Aping _ Inlet-3"with butterfly Valve Lknit Total Drain-I.9 Connectlonz Outlet-3'with butterfly valve Top-4'PVC adapter and PVC rap • Temp.Limit _ I50'F MSCELUINEOUS , • Certification: _ ASTM 01998(not UL listed( • ()Onto= _ Secondary containment berm 4 BAKER To the best of our knowledge the technical date contained herein are hue end accurate et the dais of Issuance end ere sullied to change Mhout prior notice.No guarantee of accuracy bgven or or" IND implied because Salons can and do exist.NO WARRANTY OR GUARANTEE OF ANY KIND IS MADE BY BAKERCORP,EITHER EXPRESSED OR IMPLIED, 3020 Od Ranch Parkway•Suite 220•Seal Beech,CA•662-0306282 MATERIAL SAFETY DATA SHEET 1. Product and Company Identification Material name Crude Oil Version # 01 Revision date 12-29-2008 Product use Fuel Manufacturer information Noble Energy,Inc. 100 Glenborough Dr.,Suite 100 Houston,TX 77067 US 24-hour Contact Phone Number: 1-760-476-3962 2. Hazards Identification Emergency overview WARNING! Flammable.Will be easily ignited by heat, spark or flames. Aspiration hazard: Harmful or fatal if swallowed.Can enter lungs and cause damage.Causes skin and eye irritation. OSHA regulatory status This product is considered hazardous under 29 CFR 1910.1200(Hazard Communication). Potential health effects Routes of exposure Inhalation. Ingestion.Skin contact.Eye contact. Eyes Causes eye Irritation. Eye contact may result in corneal injury. Do not get this material in contact with eyes. Skin Causes skin irritation, Do not get this material in contact with skin. Inhalation Irritating to respiratory system. May cause cancer by inhalation. Prolonged inhalation may be harmful. Do not breathe dust/fume/gas/mist/vapors/spray.Vapors may cause drowsiness and 411 dizziness. Ingestion Do not ingest. Harmful or fatal if swallowed.Can enter lungs and cause damage. Components of the product may be absorbed into the body by Ingestion. Target organs Blood. Bone.Central nervous system. Eyes. Respiratory system.Skin. Chronic effects Cancer hazard, Possible risk of harm to the unborn child.Possible risk of impaired fertility. May cause-damageto-he-liverand-kidneys.—Prolonged-skin-contact-may-defat the-skin-and-produce dermatitis.Conjunctiva. May cause central nervous system disorder(e.g.,narcosis involving a loss of coordination,weakness,fatigue, mental confusion, and blurred vision)and/or damage. Cyanosis. Unconsciousness, Signs and symptoms Irritation of nose and throat.Irritation of eyes and mucous membranes. Unconsciousness. Corneal damage. Narcosis. Cyanosis.Decrease in motor functions. Behavioral changes.Conjunctivitis. Defatting of the skin. Rash. Irritation. Potential environmental Components of this product are hazardous to aquatic life. effects 3. Composition / Information on Ingredients Components CAS# Percent Petroleum Distilla to 8002-05-9 >95 Hexane 110-54-3 0.9-1.5 Benzene 71-43-2 0.5-2 Ethylbenzene 100-41-4 0-1 4. First Aid Measures First aid procedures Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses,if present and easy to do.Get medical attention. Material name:Crude Oil GPM M$DS us 1522 Version#:01 Revision date: 12-29-2008 Print date: 12-29.2008 1/8 I Skin contact Remove contaminated clothes and rinse skin thoroughly with water for at least 15 minutes, Get medical attention If Irritation develops or persists. ' Inhalation Move Injured person Into fresh air and keep person calm under observation.If breathing is difficult, give oxygen. Get medical attention immediately. Ingestion Give one or two glasses or water if patient is alert and able to swallow. Seek immediate medical attention. Do not induce vomiting. Notes to physician Oxygen,if needed. Keep victim warm. Keep victim under observation.Symptoms may be delayed. General advice In case of shortness of breath,give oxygen. Ensure that medical personnel are aware of the material(s)involved,and take precautions to protect themselves. Keep victim under observation. Keep victim warm. If exposed or concerned: get medical attention/advice. S. Fire Fighting Measures Flammable properties Containers may explode when heated. Flammable by OSHA criteria. Runoff to sewer may cause fire or explosion hazard. Extinguishing media Suitable extinguishing Water.Water fog. Foam. Dry chemical powder. Carbon dioxide(C02). media Unsuitable extinguishing Do not use a solid water stream as it may scatter and spread fire. media Protection of firefighters Specific hazards arising Fire may produce irritating,corrosive and/or toxic gases. from the chemical Protective equipment In case of fire and/or explosion do not breathe fumes.Wear full protective clothing,Including and precautions for helmet,self-contained positive pressure or pressure demand breathing apparatus, protective firefighters clothing and face mask. If tank,rail car or tank truck is Involved in a fire,ISOLATE for 800 meters (1/2 mile) In all directions; also consider initial evacuation for 800 meters(1/2 mile) in all directions.ALWAYS stay away from tanks engulfed In flame. Fight fire from maximum distance or use unmanned hose holders or monitor nozzles. Withdraw immediately In case of rising sound from venting safety devices or any discoloration of tanks due to fire.Move containers from fire area if you can do It without risk. Use water spray to cool unopened containers. Cool containers with flooding quantities of water until well after fire is out. For massive fire,use unmanned hose holders or monitor nozzles; if this is Impossible,withdraw from area and let fire burn. Specific methods In the event of fire and/or explosion do not breathe fumes. In the event of fire,cool tanks with water spray. Use water spray to cool unopened containers. 6—Accidental-Rele se Measures Personal precautions Keep unnecessary personnel away.Stay upwind.Keep out of low areas. Keep people away from and upwind of spill/leak.Ventilate closed spaces before entering. Ensure adequate ventilation.Do not touch damaged containers or spilled material unless wearing appropriate protective clothing. Environmental precautions Prevent further leakage or spillage if safe to do so. Do not contaminate water. Methods for containment Eliminate all ignition sources(no smoking,flares,sparks,or flames In Immediate area). Stop the flow of material, If this is without risk. Prevent entry into waterways,sewers,basements or confined areas. Dike the spilled material,where this is possible. Methods for cleaning up Wipe up with absorbent material(e.g.cloth,fleece). Should not be released Into the environment. Large Spills: Dike far ahead of liquid spill for later disposal. Use a non-combustible material like vermiculite,sand or earth to soak up the product and place into a container for later disposal. Small Spills: Clean contaminated surface thoroughly.After removal flush contaminated area thoroughly with water.This material and its container must be disposed of as hazardous waste. Never return spills in original containers for re-use. Other information Clean up in accordance with all applicable regulations. a Material name:Crude Oil CPH MSDS US 1522 Version#:01 Revision date: 12-29-2008 Print date: 12-29-2008 2/8 7. Handling and Storage • Handling Avoid exposure-obtain special instructions before use. Do not empty Into drains. Keep away from sources of ignition-No smoking. Do not smoke.Wear personal protective equipment. May be ignited by open flame.Vapors may form explosive mixtures with air.Avoid contact with skin, Do not breathe dust/fume/gas/mist/vapors/spray.Avoid release to the environment. Do not get this material in contact with eyes.Use only with adequate ventilation.Avoid prolonged exposure.Do not handle or store near an open flame, heat or other sources of ignition.All equipment used when handling the product must be grounded.Wash thoroughly after handling. Storage Avoid exposure-obtain special instructions before use. The pressure In sealed containers can increase under the Influence of heat. Do not handle or store near an open flame,heat or other sources of ignition.This material can accumulate static charge which may cause spark and become an ignition source. Prevent electrostatic charge build-up by using common bonding and grounding techniques. Store in cool place. Keep In a well-ventilated place. Keep container tightly dosed. Keep in an area equipped with sprinklers. Keep this material away from food,drink and animal feed. Keep out of the reach of children. Use care in handling/storage. S. Exposure Controls / Personal Protection Occupational exposure limits ACGIH Components Type Value Benzene(71.43-2) STEL 2.5 ppm TWA 0.5 ppm Ethylbenzene(100-41-4) STEL 125 ppm TWA 100 ppm Hexane(110-54-3) TWA 50 ppm U.S.-OSHA Components Type Value Benzene(71-43-2) Ceiling 25 ppm STEL 5 ppm TWA 10 ppm Ethylbenzene(100-41-4) PEL 100 ppm 435 mg/m3 STEL 545 mg/m3 125-ppm TWA 435 mg/m3 100 ppm Hexahe(110-54-3) PEL 500 ppm 1800 mg/m3 TWA 180 mg/m3 50 ppm Engineering controls Use process enclosures,local exhaust ventilation,or other engineering controls to control airborne levels below recommended exposure limits, Provide adequate ventilation and minimize the risk of inhalation of vapors and mists. Personal protective equipment Eye/face protection Wear approved safety goggles. Skin protection Apron and long sleeves are recommended. Respiratory protection Avoid exposure-obtain special Instructions before use. Wear positive pressure self-contained breathing apparatus(SCBA).Avoid breathing dust/fume/gas/mist/vapors/spray.If engineering controls do not maintain airborne concentrations below recommended exposure limits(where applicable)or to an acceptable level(In countries where exposure limits have not been established), an approved respirator must be worn. In the United States of America,If respirators are used,a program should be Instituted to assure compliance with OSHA Standard 63 FR 1152, January 8, 1998. Respirator type: High-efficiency particulate respirator. Seek advice from local supervisor. Material name:Crude Oil CFH MSPS US 1522 Version#:01 Revision date: 12-29.2008 Print date: 12.29-2008 3/8 General hygelne When using,do not eat,drink or smoke.Always observe good personal hygiene measures,such as considerations washing after handling the material and before eating,drinking,and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. Do not get this material in • contact with eyes. Avoid contact with skin.Keep away from food and drink. Handle In accordance with good Industrial hygiene and safety practice. 9. Physical &Chemical Properties Appearance Liquid. Color Gold. Odor Aromatic. Odor threshold Not available. Physical state Liquid. Form Liquid. pH Not available. Melting point Not available. Freezing point Not available. Boiling point 50- 1099.4°F(10-593°C) Flash point < 80°F(< 26.7°C) • Evaporation rate Not available. Flammability Not available. Flammability limits in air, 10 upper,0/0 by volume Flammability limits in air, 1 lower,%by volume Vapor pressure < 500 mmHg @ 60°F Vapor density Not available. Specific gravity Not available. Relative density 0.8-0.9 water=1 Solubility(water) Insoluble Partition coefficient Not available. (n-octanol/water) Auto-ignition temperature Nist-avallabie. Decomposition temperature Not available. 10. Chemical Stability&Reactivity Information Chemical stability Stable under nornial temperature conditions. Conditions to avoid Heat,flames and sparks. Incompatible materials Strong oxidizing agents, Hazardous decomposition Carbon monoxide. products Possibility of hazardous Hazardous polymerization does not occur. reactions 11.Toxicological Information Toxicological data • Product Test Results Crude Oil Acute Other LD50 Mouse: 29574 mg/kg estimated Components Test Results Ethylbenzene(100.41-4) Acute Dermal LD50 Rabbit: 17800 mg/kg Acute Oral LD50 Rat: 3500 mg/kg Acute Other LD50 Mouse: 2272 mg/kg Hexane(110-54-3) Acute Inhalation LC50 Mouse:48000 mg/I 4 Hours Material name: Crude Oil CPU MSDS U5 1522 Version#:01 Revision date: 12-29-2008 Print date: 12-29-2008 4/8 Components Test Results Hexane (110-54-3) Acute Inhalation LC50 Rat: 48000 mg/I 4 Hours Acute Oral LD50 Rat: 24 mg/kg Acute Oral LO50 Wistar rat:49 mg/kg Benzene(71-43-2) Acute Inhalation LC50 Mouse: 9980 mg/I Acute Inhalation LC50 Rat: 10000 mg/I 7 Hours Acute Oral LD50 Mouse: 4700 mg/kg Acute Oral LD50 Rat: 3306 mg/kg Sensitization Not available. US ACGIH Threshold Limit Values:Skin designation Benzene(7143-2) Can be absorbed through the skin. Hexane(110-54-3) Can be absorbed through the skin. Acute effects Causes skin,eye and respiratory tract irritation. Chronic effects Hazardous by OSHA criteria. Prolonged inhalation may be harmful. Repeated absorption may cause disorder of central nervous system, liver,kidneys and blood. Prolonged exposure may cause chronic effects. Subchronic effects Blood disorder may occur after Ingestion.Blood disorder may occur after prolonged inhalation. Blood disorder may occur after prolonged skin contact. Carcinogenicity Hazardous by OSHA criteria.Cancer hazard. IARC Monographs.Overall Evaluation of Carcinogenicity Benzene(71-43-2) 1 Human carcinogen. • Ethylbenzene(100-41-4) 28 Possible cardnogen. Petroleum Distillate(8002-05.9) 3 Classification not possible from current data. US ACGIH Threshold Limit Values:Al carcinogen Benzene(7143-2) Group Al Confirmed human carcinogen. US ACGIH Threshold Limit Values:A3 carcinogen Ethylbenzene-(100-41--4) GroupA3_Confirmedanirnal_carrcinogen with un mown relevance to humans. US NIP Report on Carcinogens: Known carcinogen ' Benzene(71-43-2) Known carcinogen. US OSHA Specifically Regulated Substances:Cancer hazard Benzene(71-43-2) Cancer hazard. Epidemiology Hazardous by OSHA criteria. Mutagenicity Not available. Neurological effects Hazardous by OSHA criteria. Reproductive effects Avoid exposure to women during early pregnancy. Teratogenicity Not available. Further information Symptoms may be delayed. 12. Ecological Information Ecotoxicological data Components Test Results Ethylbenzene(100-41-4) EC50 Water flea (Daphnia magna): 1.37-4,4 mg/I 48 Hours LC50 Rainbow trout,donaldson trout(Oncorhynchus mykiss): 4.2 mg/I 96 Hours Hexane (110-54-3) LC50 Fathead minnow(Pimephales promelas): 2.101 -2.981 mg/I 96 Hours Benzene(71-43-2) EC50 Water flea (Daphnia magna): 8.76-15.6 mg/I 46 Hours LC50 Rainbow trout,donaldson trout(Oncorhynchus mykiss): 5.3 mg/I 96 Hours Material name:Crude Oil can MSDS us 1522 Version#: 01 Revision date: 12-29-2008 Print date: 12-29.2008 5/8 Components Test Results Petroleum Distillate(8002-05-9) LC50 Cutthroat trout(Oncorhynchus clarki): 2.1-4.3 mg/I 96 Hours Ecotoxicity Components of this product are hazardous to aquatic life. Persistence and degradability Not available. Bioaccumulatlon/ No data available. Accumulation Mobility in environmental No data available. media 13. Disposal Considerations Waste codes D018: Waste Benzene D001:Waste Flammable material with a flash point<140 F US RCRA Hazardous Waste U List:Reference Benzene(7143-2) U019 Disposal instructions Dispose of this material and its container at hazardous or special waste collection point.Incinerate the material under controlled conditions In an approved incinerator. Must be Incinerated in a suitable incineration plant holding a permit delivered by the competent authorities. Do not dispose of waste into sewer. Do not allow this material to drain into sewers/water supplies. Dispose In accordance with all applicable regulations. 14.Transport Information DOT Basic shipping requirements: UN number UN1267 Proper shipping name Petroleum crude oil Hazard class 3 Packing group III Additional Information: Special-provisions 144.rB1,IB3,T.2rTP1 Packaging exceptions 150 Packaging non bulk 203 Packaging bulk 242 ERG number 128 IATA Basic shipping requirements; UN number 1267 Proper shipping name Petroleum crude oil Hazard class 3 Packing group III IMDG Basic shipping requirements: UN number 1267 Proper shipping name PETROLEUM CRUDE OIL Hazard class 3 Packing group III Material name:Crude 011 crn Msos us 1522 Version#:01 Revision date: 12-29-2008 Print date: 12-29-2008 6/8 FLAMMABLE 44110 3 DOT IATA DWG 15. Regulatory Information US federal regulations This product is a"Hazardous Chemical"as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. All components are on the U.S. EPA TSCA Inventory List. • US EPCRA(SARA Title III)Section 313-Toxic Chemical:De minlmis concentration Benzene(7143-2) 0.1 Ethylbenzene(10041-4) 0.1% Hexane(110-54-3) 1.0% US EPCRA(SARA Title III)Section 313-Toxic Chemical:Listed substance Benzene(71.43-2) Listed. Ethylbenzene(100-41.4) Listed. Hexane(110-54-3) Listed. CERCLA(Superfund)reportable quantity(Ibs) Hexane:5000 Benzene: 10 Ethylbenzene: 1000 Superfund Amendments and Reauthorization Act of 1986(SARA) Hazard categories Immediate Hazard-Yes Delayed Hazard-Yes Fire Hazard-Yes Pressure Hazard- No Reactivity Hazard-No Section 302 extremely No hazardous substance Section 311 hazardous Yes chemical Inventory status Country(s)or region Inventory name On inventory(yes/no)* Australia Australian Inventory of Chemical Substances(AICS) Yes Canada Domestic Substances List(DSL) Yes Canada Non-Domestic Substances List(NDSL) No China Inventory of Existing Chemical Substances in China (IECSC) Yes Europe European Inventory of New and Existing Chemicals(EINECS) Yes Europe European List of Notified Chemical Substances(ELINCS) No Japan Inventory of Existing and New Chemical Substances(ENCS) No Korea Existing Chemicals List(ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) United States&Puerto Rico Toxic Substances Control Act(TSCA)Inventory Yes *A"Yee indicates that all components of this product comply with the Inventory requirements administered by the governing country(s) State regulations WARNING: This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. Material name:Crude Oil can MSDS US 1522 Version#:01 Revision date: 12-29.2008 Print date: 12-29-2008 7/8 US-California Proposition 65-Carcinogens&Reproductive Toxldty(CRT):Listed substance Benzene(71-43-2) Listed. Ethylbenzene(100-414) Listed. US-California Proposition 65-CRT:Listed date/Carcinogenic substance Benzene(7143-2) Listed:February 27,1987 Carcinogenic. Ethylbenzene(100-41-4) Listed:June 11,2004 Carcinogenic. US-California Proposition 65-CRT:Listed date/Developmental toxin Benzene(7143-2) Listed:December 26, 1997 Developmental toxin. US-California Proposition 65-CRT:Listed date/Male reproductive toxin Benzene(71-43-2) Listed: December 26, 1997 Male reproductive toxin. US- New Jersey Community RTK(EHS Survey):Reportable threshold Benzene(7143-2) 500 LBS Ethylbenzene(100-41-4) 500 LBS Hexane(110-543) 500 LBS US- Pennsylvania RTK-Hazardous Substances:Listed substance Benzene(71-43-2) Listed. Ethylbenzene(100-41-4) Listed. Hexane(110-543) Listed. Petroleum Distillate(8002-05-9) Listed. US- Pennsylvania RTK-Hazardous Substances:Special hazard Benzene(7143-2) Special hazard. 16. Other Information Further information HMIS®is a registered trade and service mark of the NPCA. HMIS® ratings Health: 2* Flammability: 3 Physical hazard: 0 NFPA ratings Health: 2 Flammability:3 Instability: 0 Disclaimer The Information provided herein is believed to be accurate as of the date of issue,but is offerer without guarantee. The Information provided may not be complete,as it is not practicable to provide all scientific Information in the format of this document. Further,additional Information may be necessary under exceptional conditions of use,or because of applicable laws or regulations, Noble Energy,Inc.does not assume any liability arising out of product use even if safetypraced uresare-followedas-outlined-herein—The-userhas-the-responsibility-for-evaluating the adequacy of the information under the conditions of use and obtaining additional information where uncertainty exists. No express or Implied guarantees are made as to the effects of use,the results to be obtained,or the safety and toxicity of the product In any specific application. The user assumes all risks of use of the product. Noble Energy,Inc.expressly disclaims all warranties of every kind including warranties of merchantability and fitness for any particular purpose. Nothing herein Is intended to be construed as permission or recommendation for use of the product in any manner which might infringe existing patents. Communication with Employees and Purchasers: This Material Safety Data Sheet(MSDS)alerts the reader to potential safety and health hazards. It also contains valuable reference material relating to the safe use and handling of the product. Make sure that this information is shared with all employees and purchasers who use or handle the product. It is an important part of the OSHA hazard communication program. ABBREVIATIONS:TLV-Threshold Limit Value MSDS-Material Safety Data Sheet STEL- Short-term Exposure Limit PEL-Permissible Exposure Limit DOT-Department of Transportation (USA) CAS-Chemical Abstract Service Number ACGIH-American Conference of Govemment Industrial Hygienists NFPA-National Fire Protection Association(USA)IARC-International Agency for Research on Cancer OSHA-Occupational Safety and Health Administration TSCA— Toxic Substance Control Act The information in the sheet was written based on the best knowledge and experience currently available. Issue date 12-29-2008 a Material name:Crude Oil CPH MSDS US 1522 Version#:01 Revision date: 12-29.2008 Print date: 12-29-2008 8/8 • Material Safety Data Sheet OSHA/ANSI Z400.1-2004 Complies Date 7 Revised:09-11-2008 Gibe r Product:ZETAG 8818 Release:1.6 NFPA Hazard codes: Health:3 Fire;1 Reactivity:0 Special:- HMIS Ill rating Health:3 Flammability 1 Physical hazard:0 Personal protection:X HMIS Note:•Indicates possible chronic health effects. 1. Identification of the Substance/Preparation Ind of the Company/Undertaking Comoanv Information Company: Ma Corporation 2301 Wiiroy Road P.O.Box 820 Suffolk,VA 23434.0820 U.SA Customer Service/Product Information:1-800-3224885 MSDS Request Line:1.800.431-2360 Emeroencl(infonnatlon Emergency 24-Hour +1-800-873-1138 Health/Environmental Phone: CHEMTREC: (800)4249300(24hrs)or(703)5274887 Product information Product: ZETAG 8818 Use: flocculation agent Chemical fan*: Cationic polyacrylamide in water-In-oft emulsion 2. Hazards Identification Emergency overview Signal word: WARNING:I Colour cream,almost white Appearance: emulsion State of matter: liquid Odour. solvent-like Health: Corrosive to eyes,This product Is an eye and skin Irritant.,Contains petroleum distillates and prolonged contact with mists may cause skin,eye and respiratory tract irritation.Continued overexposure may cause headache and dizziness.Ingestion may cause lung complications. Physical/Chemical Spills are very slippery. hazards: Potential health effects Primary routes of entry: Eyes,Inhalation,Ingestion Potential environmental effects Releases to the environment are to be avoided. a Page:1/7 000000021110 dip Material Safety Data Sheet OSHA f ANSI Z400.1.2004 Compliant Ciba ,;c 4' Date/Revised:0&11.2008 Release:1.6 Product:ZETAG 8818 3. Composition/Information on Ingredients Chemical name CAS Number Content(Weinht) )Hazardous Ethanaminium,N,N,N-trimethyl-21(1-oxo-2- 69418.28-4 38.0- 42.0% Y propenyhoxyi-,chloride,polymer with 2- propenamkie(9CI) Dis88ates(petroleum),hydrotreated light 64742-47-8 25.0. 30.0% Y ALCOHOLS,(C=12-14)-SECONDARY, 84133-50.6 1.0- 4.0% Y ETHOXYLATED This material Is classified as hazardous under OSHA regulations. 4, Firat-sid Measures Inhalation: Remove to fresh air,If not breathing give artlfidal respiration.If breathing is difficult,give oxygen and get immediate medical attention. Skin: After contact with skin,wash Immediately with plenty of water and soap. Seek medical attention. If clothing is contaminated,remove and launder before reuse. Eyes: Immediately flush the eye(s)with lukewarm,gently flowing water for 16 minutes or until the chemical is removed. e Get immediate medical attention if irritation persists. Ingestion: Do not induce vomiting. If vomiting occurs naturally,have casualty lean forward to reduce the risk of aspiration. Seek medical attention immediately. 5. Fire-fighting Measures Suitable extinguishing media: carbon dioxide,dry powder,foam Unsuitable Extinguishing Media: If water Is used,restrict pedestrian and vehicular traffic In areas where slip hazard may exist. Hazardous combustion products: Carbon and nitrogen oxides. Hazards during fire-fighting: Standard procedure for chemical fires. Coot fire-exposed containers with water. Spills can cause very slippery conditions on floors. Protective equipment for fire-fighting: Wear self-contained breathing apparatus and chemical-protective clothing, 6.Accidental Release Measures Cleanup: Wear suitable protective equipment. Pick up with Inert absorbent material(e.g.sand,earth etc.). Scoop Into marked containers for disposal as chemical waste. Should not be released into the environment. S Page:2/7 000000021110 Material Safety Data Sheet OSHA/ANSI Z400.1-2004 Compliant Ciba 'k'' " Date I Revised:09-11-2008 Release:1.6 Product:ZETAG 8818 7. Handling and Storage )landing Generat advice: As with all Industrial chemicals,use good Industrial practices when handling.Avoid eye,skin,and clothing contact. Do not inhale.Do not taste or swallow.Use only with adequate ventilation.Slip hazard when wet.Clean up spills promptly Stereos General advice: Keep container tightly closed In a dry,Cool and well-ventilated place. Avoid extremes of temperature. Keep from freezing. Product becomes viscous and difficult to handle when cold. Temperature tolerance: Product may freeze;however,it should recover upon warming.Should freezing occur,warm slowly.Thawed product should be thoroughly mixed with low shear agitation prior to use. > for Industrial use only < 8.Exposure Controls and Personal Protection fxoosure Guidelines Distillates(petroleum),hydrotreated light ACGIH 20D mglm3 (64742-47-8) TWA;200 nigrm3 Non-aerosol (as total hydrocarbon vapor) P:Application restricted to conditions in which there are negligible aerosol exposures. SKIN_DES: Non-aerosol (as total hydrocarbon vapor) Can be absorbed through the skin Engineering Controls: Work in well ventilated areas. Do not breathe vapors or mist. Personal Protective eaulament Respiratory protection: Use NIOSH approved respirator as needed to mitigate exposure. Eye protection: lightly fitting safety goggles(cage goggles)(EN 166)and face shield. Body protection: Wear chemical resistant gloves and protective clothing. General safety and hygiene measures: Eye wash station and safety shower should be available In immediate work area.,Select additional protective equipment based upon potential for exposure. 9. Physical and Chemical Properties Colour; cream,almost white Form: emulsion State of matter: liquid Odour: solvent-like pH value: 3.5-4.5 Page:3/7 000000021110 . Material Safety Data Sheet . OSHA/ANSI 2400.1.2004 Compliant Giba Date/Revise&09-11.2008 Product:ZETAG 8818 Release:to Flammability: Not applicable Lower explosion limit: not determined Upper explosion limit: not determined Flash point: >93°C (Pensky Martens dosed cup) Melting point: not determined Freezing point: not determined Boiling point: approx.100°C Vapour pressure: not determined Relative density: 1.03 Vapour density: not determined Partitioning coefficient n- not determined Wand/water(log Pow): Viscosity,dynamic: Not tested Solubility In water: soluble 10.Stability and Reactivity Stability: Stable Conditions to avoid: Avoid temperature extremes,especially frost and freezing conditions.Avoid el°Gro-static discharge.Avoid sources of ignition. Substances to avoid:Strong oxidizing agents,strong adds,strong bases. Possibility of Hazardous Reactions:No hazardous reactions known. Hazardous decomposition products:No decomposition expected under normal storage conditions. 11.Toxicological information Acute oral toxicity: oral I rat: 2,000 mg/kg Analogous:Assessment dertved from products with similar chemical character. Acute Inhalation toxicity: not determined Acute dermal toxicity: dermal: not determined Skin Irritation: Component(s)in greater than 1 percent concentration is known to be an Irritant. Eye Irritation: Corrosive. Skin Sensitization: not determined Carcinogenicity: None of the components in this product at concentrations greater than 0.1%are listed by IARC;NTP,OSHA or ACGIH as a carcinogen. Reproductive toxicity: No data for product. Page:4/7 000000021110 . Material Safety Data Sheet M. . OSHA/ANSI Z400,1-2004 Compliant :`. Ciba Date/Revised:09-11.2006 Release:1.6 Product;ZETAG 8818 Developmental toxicity/teratogenicity: No data for product. 12. Ecological Information Toxicity to fish: Oncorhynchus mykiss/96 h/LC50: 18 mg/I (under static conditions in the presence of humic acid) • Oncorhynchus mykiss/98 h/NOEC(No observed effect concentration): 13 mg/I (under static conditions in the presence of humic acid) toxicity to aquatic Invertebrates: Cerlodaphnta dubla/48 h/EC50:<3.1 mg/I (under static conditions in the presence of humic acid) Aniericamysis bahta/96 h/LC50:5.8 mg/I (under static conditions) Toxicity to aquatic plants: not determined Other ecotoxicological advice: This product contains polymer(s)that may be toxic to aquatic organisms when tested in pure(distilled)water. Toxicity is greatly reduced byparticles In natural water. 13.Disposal Considerations Waste disposal of substance: Dispose Min accordance with national,state and local regulations. Resource Conservation and Recovery Act(RCRA): Not a hazardous waste under RCRA(40 CFR 261). 14. Transport information O.S.Department of Transportation The listed Transportation Classification does not address regulatory variations due to changes In package size, mode of shipment or other regulatory descriptors. Road transport: Special shipping Information: Not classified as a dangerous good under transport regulations. DOT(Sulk)Or Statement This product is considered to be an oil per the definitions In 49 CFR 130.2.If packed in a container with a capacity of 3,500 gallons or more,the Communication Requirements at 49 CFR 130.11 end the Response Plan Requirements at 49 CFR 130.31 and 130.33 apply to Domestic transportation by motor vehicles and rolling stock.Notification of releases to the National Response Center(NRC),800424-8802,may be necessary.In the Washington,DC metropo@an area,cell 202-426.2675, Air transport: Special shipping information: Not classified as a dangerous good under transport regulations. International Air Transport Association(IATAI Special shipping Information: Not classified es a dangerous good under transport regulations. International Maritime Dangerous Goods Code(IMOGI Special shipping information: Not classified as a dangerous good under transport regulations. 15.Regulatory Information diCanada:Domestic Substances List(DSL): All components either exempt or Page:5/7 000900021110 di Material Safety Data Sheet OSHA/ANSI Z4001-2004 Compliant Gibe ":%$••"'.-:Date I Revised:09-11.2008 ;; Product:ZETAG 8818 Release:1.s listed on the DEL US:Toxic Substances Control Act(TSCA): All component(s)comprising this product are either exempt or listed on the TSCA inventory United States•Regulations SARA Section 311/312 Hazard Communication Standard:, Acute Health: Y Fire: N Chronic Health: N Reactivity: N Sudden release of pressure: N SARA Section 319 Toxic Chemical List This product does not contain any components reportable under Sec 313(40 CFR 372). OSHA hazard category: This material Is classified as hazardous under OSHA regulations. Toxic Substances Control Act(TSCA)Significant New Use Rule(SNUR): This product is not subject to a Significant New Use Rule(SNUR). Toxic Substances Control Act(TSCA)Section 5(e)Consent Orders: This product is not subject to a Section 5(e)Consent Order. Toxic Substances Control Act(TSCA)Section 5(f): This product is not subject to a Section 5(1)16(a)rule, . Toxic Substances Control Act(TSCA)Section 12(b)Export Notification: No components listed. Clean Alt Act-Hazardous Air Pollutants(HAP): Chemical name CAS Number Notification 2-Propenamide 79-06-1 Listed Clean Air Act 602-Ozone Depleting Substances(ODS): This product neither contains,nor was manufactured with,a Class I or Class II ozone depleting substance(ODS), as defined by the U.S.Clean Air Act Section 602(40 CFR 82,Subpt.A,App,A+B). Clean Water Act-Priority Pollutants(PP): This product does not contain any priority pollutants listed under the U.S.Clean Water Act Section 307(2)(1)Priority Pollutant List(40 CFR 401.15). Pennsylvania Right to Know: Chemical name CM Nunter 2-Propensmide Notification 79-06-1 Listed Hexanedloio-acid- 124-04-9 Environmental hazard Hexanedloic-acid- 124-04-9 Listed This product contains one or more components which are subject to the Pennsylvania Right-td-Know disclosure requirement. California Proposition 65-Chemicals Known to the State to Cause Cancer: Chemical name CAS Number Notification 2-Propenamide 79-06-1 Carcinogenic. WARNING:This product contains a chemical known to the State of California to cause cancer. International Reputations Chemical Weapons Convention: This product does not contain any component(s)listed under the Chemical Weapons Convention Schedule of Chemicals. Page:6/7 000000021110 Material Safety Data Sheet . OSHA/ANSI 2400.1.2004 Compliant Ciba 2 • Date/Revised:00-11-2008 Release 1.6 Product ZETAG 8818 16. Other Information Disclaimer: The Information contained herein is based upon data believed to be correct.However,no guarantee or warranty of any kind,expressed or implied,is made with respect to such data or Information.The user Is responsible for determining whether the product is suitable for Its Intended conditions of use. END OF DATA SHEET di Page:7/7 000000021110 • Sep 16 09 12:43p Joel 7194881922 p, 1 Coe Sway CAambh 'WLEAI NARA Water and Paper Treatment ':S. • "%,44 Ciba : Water end Wastewater Services Value beyond chemistry • Ciba ZETAG®8818 Flocculant Cationic Emulsion Grade Polymer Description WAG 8818 is a very high molecular weight polyacrylamide based flocculate which exhibits a very high degree of cationic charge, ZETAG 8818,once Inverted and hydrated in wets reacts madly to provide superior floc formation and performance In a variety a solids/liquid separation processes. WAG 8818 S supplied In a tquid emulsion form. Principal Uses ZETAG 8818 has been designed as a flocculent for a variety of'municipal and industrial waste substrates. it hes been proven especially effective for conditioning these substrates for solids sedimentation.thickening,and dewaterirg processes, ZETAG 8818 offers greatly improved solids/liquid separation efficiencies over a wide range of pH and Is available in a variety of packaging for ease of handling and safety. Typical Properties Appearance cloudy,near colorless liquid Solids Content 40% Particle Size 10%>1.1 tun 50%>0.9pm.and 90%>0.7pm Specific Gravity 1.03 Solution pH 3,5-5.5 Flash Point >200F(93C).product not combustible Viscosity of Supplied Product 915cP(IVT,spindle#2®12rpm) Solution Viscosity See graph below Solution Viscosity vs.Solution Concentration 10000 1000. ft two. ge moon 1000 55 s00o, nao0o 2000 1000 0 0.0 03 n.0 1.5 2.0 2.5 a0 • Solution CgnraWman t%as weenie) dipage 1 era • • fibSep 18 09 12:43p Joel 7194881922 p.2 Application&Storage Recommended solution concentrations: Stock solution 0.75%-2.O%as supplied Feed solution 0.1%-0.75%as supplied Recommended storage periods: Product as Supplied 6.9 months(mixing of product may be necessary) Stock solution 2-5 days. Feed solution 13 days Storage of the product and solutions for longer than the recommended periods may be acceptable under the correct conditions but could result In some loss of product efficiency. Storage should be Inc mot dry place,and conditions of extreme temperatures should be avoided.Packages should be kept sealed edhen not in use. Depending upon storage conditions and product age, product separation may occur. If separation is observed,the product should be re-dispersed well by mixing or re-circulation before use to were maximum efficiency. Full details of solution preparation are contained within the ZETAG and MAGNAFLOC leaflet Further advice on solution preparation using Ciba Specialty Chemicals automated make-up systems is available,and details may he obtained on request. Corrosive Properties Conoafon towards inset standard materials of construction Is very low. Stainless steel.fiberglass, polyethylene.polypropylene and rubberized surfaces are recommended. In some cases,aluminwn and galvanized surfaces can be adversely affected. Padmgkg ZETAG 0818 Is supplied In 441b.(20kg.) plastic bottles,441lb.(200kg.) plastic drums, 2,2051b. (1O00kg.)semi-bulk containers,or in bulk by tanker delnrory(45,O00lb/20,450kg maximum). Spins Spills of ZETAG 8818 should be contained and disposed of in accordance with local regulations. Discharges of product or solutions of product to waterways should be avoided since some polymeric products may have an adverse effect on the mucous membranes an fish girls. Solutions of ZETAG 8810 are very slippery, Technical Service Complete technical service is provided In the sale of ZETAG 8818. TMs Includes advice and full assistance in all aspects of product selection,laboratory testing,troubleshooting,and plant trials. Health and Safety ZETAG 8818 exhibits a very low order of toxicity and does not present any abnormal problems in its handling or general use. Standard industrial safety procedures should be observed. Detailed information on handling and any precautions to be observed in the use of the product(S) described in this leaflet can be found In our relevant Material Safety Data Sheets. Warranty The Information contained In this leaflet Is given In good faith but no liability Is assumed nor is freedom from any patent owned by Ciba Specialty Chemicals or others implied. TNs information should not be taken to represent a specification for the product. Clba Specialty Chemicals Corporation a Cba Specialty Chemicals PLC,1998 PO Box 820 Suikat Virginia 23439-0820 •indicates a registered trademark Tel:757 538 3700 Fax 757 538 5007 a'Indicates a trade marl dip WAG lie •reabion e:eeppavMe 7aa2 Weld County Planning Department GREELEY OFFICE LIND, LAWRENCE & OTTENHOFF LLP t�nv 1 Meg • Attorneys and Counselors at Law RECEIVED 355 EASTMAN PARK DRIVE.SUITE 200 WINDSOR,COLORADO 80550 GEORGE IL(IFTENHOH: TELEPHONE-970-674-9888 BRAPI,I3 (.tilt\5VIICK K6:NNI31TI E.LIND TELECOPIER:970-674-9535 MAID P..TONES KIM R.IAAARENEE chrys@Ilolaw.com MEGAN R.PETERSON- P.ANI)REK JONES SPECIAL COUNSEL JAMES D.6R.VA1ER' (I I R\S'I'EN S.I I ESZE CLINTON P.SKIPf NNVW.LLOLAW.COM ('I I:ARH I5 C_A AA AGI I KELLY Y J.CiS'Il-ai 721 EAST LINCOLN WAY CHEYENNE,WY 82001 TELEPHONE:307-635-2480 'Also admitted in Wyoming +Also admitted in Wisconsin November 16, 2009 Weld County Department of Planning Services North Weld Building 918 101h Street Greeley, CO 80631 ATTN: Chris Gathman Re: Application for USR concerning Oil and Gas Support Services, USR 1695 Parcel: Pt NE1/4, Sec. 31, T4N, R66W(A&W Water Service, Inc.)—Town of Milliken Dear Chris: In response to the Town of Milliken's comments in this matter, as the subject • property does not meet the requirements for annexation pursuant to C.R.S. §31-12-104, Applicant does not plan to petition for annexation into the Town of Milliken. The property is to be serviced by Central Weld County Water District, which is an adequate and proper public water source for all projected uses requiring no requirement for an alternative connection. Any requirement for connection with sewer in the future should be solely subject to the then-existing ordinances, regulations and statutes concerning the same, as such laws protect the health safety and welfare of the citizens of Weld County. Therefore, the Town of Milliken's proposed condition should be rejected. Sincerely, LIND, LAWRENCE & OTTENHOFF, LLP C rysten S. Hinze Cc: Town of Milliken A&W Water Service, Inc. • EXHIBIT • Pat Paul & William Aschenbrenner 12854 WCR 40 Platteville CO 80651 970-737-2204 Nov. 23, 2009 RE: Case USR-1695 A & W Water Services To Whom It May Concern, We have received a notification of Application Review notice from Weld County and have a few questions about the above case. The statement of diligent effort to conserve prime agricultural land is a bit ostentatious if not ludicrous if indeed A & W wants to run approximately 275 people per day, an unspecified number of heavy trucks per day, as well as other pieces of equipment being moved around and stored. The noise levels alone are not compatible with any notion of agricultural usage. Currently the truck noise, backup beepers, signal horns, and clanging of empty tailgates against beds is aggravating at best; sleep loss can incur. The miming of large pumps at the ponds 24 hours a day is definitely not conducive to maintenance or improvement of residential property values near the pumps. There has been storage and movement of large equipment near the north edge of the property and welding equipment in use that can damage the eyesight of children or of nearby livestock. No berms have • been created other than the pond edges to show any intention of blocking the view of storage tanks or of reducing the noise levels. Concerning the two wells mentioned in the site plan: How much of adjudicated water is pumped from them? Is there reduction of the water table or the related aquifer? Are they getting more water allocation percentages than we are for our wells that are used to grow food? Where are the 15 tanks for water storage to be placed? We really don't like to look at the lines of tanks stored last summer right across from our back yards. Potash Facility and Reverse Osmosis Facility and Pipe Storage area on 24 acres will be on Road 38.5? Has there been a conversation about the truck access to Highway 60 safety issues? (I.E. extra lanes) Are the trucks to be restricted from the surrounding roads of 25, 25.5 and 40, and from the Farmers Ditch access road on the north edge of the property? Has there been an EPA statement issued? Who is responsible for the mosquito mitigation on the ponds near the surrounding residences, and who will ensure that such mitigation will occur? Contrary to statements made by Weld Central Water District,there is standing water in those ponds that can become a health issue. Thank you in advance for your attention to these questions. EXHIBIT • auLLQ ��CCU LL 'L Weld County Planning Departme GREELEY OFFICE Ewe 2 3 M LIND, LAWRENCE & OTTENHOFF LLP RECEIVED • Attorneys and Counselors at Lae r RECEIVED 355 EASTMAN PARK DRIVE,SUITE 200 WINDSOR,COLORADO 80550 GEORGE H.O1TENHOFF TELEPHONE-970-674-9888 BRADLEY C.GRASMICK KENNETH F.LIND TELECOPIER.970-674-9535 DAVID P.JONES KIM R.LAWRENCE MEGAN R.PETERSON+ P.ANDREW JONES susan@llolawcom JAMES D.BRAMER* SPECIAL COUNSEL CLINTON P.SWIFT CHRYSTEN S.HINZE KELLY J.CUSTER W W W.LLOLA W.COM CHARLES C.CAVANAGH++ " Also admitted in Wyoming + Also admitted in Wisconsin 721 EAST LINCOLN WAY ++Also admitted in California CHEYENNE,WY 82001 TELEPHONE 307-635-2480 December 22, 2009 Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 Chris Gathman Planner III • Weld County Department of Planning Services 918 10th Street Greeley, CO. 80634 RE: A & W Water Dear Ms. Hice-Idler and Mr. Gathman: Enclosed for your review, please find an original letter from Eugene Coppola regarding updated traffic generated by the A & W facility. Please let Chrys know if you have any questions. Very truly yours, Susan C. McCollum Legal Assistant to Chrysten S. Hinze /sm Enclosure EXHIBIT • Legal Solutions for Colorado and the West Tel: 303-792-2450 P.O. Box 630027 • EUGENE G. COPPOLA P.E., PTOE Fax: 303-792-5990 Littleton,CO 80163-0027 December 18, 2009 Linn T. Leeburg Leeburg &Associates 707 Hawthorn Avenue Boulder, CO 80304 RE: Site Traffic Revisions A & W Water Service SH 60 & CR 381/2 Weld County, CO Dear Linn: • I have updated future site traffic generated by the planned A & W Water facility in the northwest corner of the S H 60 and CR 381/z (extended) intersection in Weld County. The update reflects A & W's current plan to eliminate the reverse osmosis and washout facilities, a staff reduction and an increase of five trucks per day related to the pipe yard. Site traffic contained in the November 8, 2008 traffic impact study was updated resulting in the short- and long-term site traffic shown below. Time Frame Use Traffic Short-Term Commercial Wells 90 trucks/day Mix Facility 6 trucks/week Office/support 7 cars/day Long-Term Pipe Yard 20 trucks/day Based on the above estimates, some 118 round trips per day are expected. This should be increased to 120 round trips per day to allow for a modest number of routine activities such as mail, UPS, trash, etc. Consequently, 240 one-way trips per day reflect a reasonable estimate of long-term site traffic generated by the current plan. • The updated site traffic represents a reduction of some 40 percent when compared to the site traffic used and evaluated in the previously identified traffic impact study. I trust this letter will meet your current needs. Please give me a call if you have any questions or need further assistance. Sincerely, Not GEORGE GEORGE tc/I°�r Eu ne G. Coppola PTOE �p�"p3/4 TEq•A • •.4 ~*!D 15945 W?�r€ r.3.0%e c�.o 9r:•i ONA� :oe f d.ni'�`` AB,�F'C 0 a�`�` irtler • Weld County Planning Department Weld County Planning Commission GREELEY OFFICE 918 10th Street Greeley,Colorado 80631 OM 2 8 7flflq • ATTN: Chris Gathman RECEIVED RE: USR 1695 Dear Chris: I am writing this letter on behalf of myself, Diane G.Wolfe and my sister, Donna J.Wolfe to share our concerns with regard to USR 1695. My property is located at 13292 CR 38.5; Donna's is located at 13031 CR 38. We do not fall within the 500 foot buffer requirement fSec. 23-2-210-851. That is a County code that seriously needs reviewing. A&W Water Service, located on PRIME FARM LAND, has impacted this area from 2005 to date. We deal with their diesel fumes, noise,dust, heavy traffic and the speeds they travel,that include not just A&W water haul trucks, but their commodity trucks. There are young children,elderly/disabled people and pets that live on CR 38 1/2. I contacted A&W countless times, asking them to water the road at least every 2-3 hours and to slow down. That didn't happen. For those of us living along CR 38.5,they caused great distress, interfered with reasonable and comfortable use and enjoyment of our property. I continued to contact them,suggesting that they use alternate routes,especially the paved roads. Plus, in my estimation, it was a burden for them to water the 3/4 mile or so section of CR 38.5 in order to minimize the dust to the 5-6 homes in this area. I suggested they could use CR 40 or CR 38 - it would less of a burden to water a few hundred feet by the homes located on the corners of CR 40&CR 38 (a new home was built after this suggestion on CR 40 east of SH 60). I know A&W has put a sign up on their property to stay off of CR 38.5. That has helped; however, I continue to contact them (via e-mail) as haul traffic continues to use CR 38.5. I am very much aware that I have to deal with a certain amount of dust living in a rural area, but this is beyond a "certain amount of dust". [PICTURE #1) SECTION 22-4-10 FBI states "in order to preserve a healthy and positive quality of life for County citizens environmental impacts should be reduced or mitigated in order to prevent harm to life, health and property." Their traffic has decreased, but it still happens on 38 1/2. Additionally,this is not healthy for the drivers on A&W's property. (PICTURE #2) • SECTION 22-4-10-Purpose-A: "....in order to preserve a healthy and positive quality of life for County citizens, impacts from proposed land uses on air,water,waste, noise and public health should be considered"and SECTION 22-4-40 Air-C: "In addition to emissions of criteria and hazardous pollutants,the County is concerned with nuisance emissions of odor and dust. The County will encourage development to occur in a manner that minimizes these impacts." The truck traffic causes a nuisance condition with the noise, dust and diesel fumes posing a considerable health risk. The dust is so thick your visibility is little to none. When they come down these roads,the windows in the house rattle.You can't open windows to allow"fresh"air to come into the house;you can't go outside to get fresh air or work in the yard. Public Works indicates this operation is to "stay on paved roads as much as possible". Based on my observations with Platte Sand&Gravel, Noble Energy and A&W,there obviously are no guarantees that will happen(and no one to monitor it). With the increase of traffic at 381/2 and SH 60 to the potentially 200 + (in&out)trips per day,A&W should be required to treat CR 38 and CR 38 1/2. There is no way,with that much traffic,that they will keep all haul traffic,visitors,employees etc. off of these roads. This includes the contractors who will be doing their landscaping, construction&preparation of the land for their business. In addition, any landscaping, construction or ground preparation that is necessary must have a "blowing dust" plan. When Nobel was doing their ground preparation, [reference PICTURE #3) Donna's home is barely visible at CR 38 &SH 60, plus the dust caused a major traffic hazard across SH 60 with no visibility. SECTION 23-2-240-Design Standards-A.8:"An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT:The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For USES generating high traffic volumes and large number of large, slow-accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard." The Comprehensive Plan:SECTION 22-2-2013. • A.Policv 8.31. "The land use applicants should demonstrate that the roadway facilities associated with the proposed development are adequate in width,classification and structural capacity to serve the ro o use change." EXHIBIT Page 2 USR 1695 • The applicant has not demonstrated that the roadway facilities are adequate for the size and amount of these vehicles. The applicant's application indicates "convenient access from Highway 60." It may appear convenient to them, however it is a hazardous area for all traffic. When exiting to the south,the trucks turn into the on- coming traffic lane. A&W generates a large amount of traffic, have large slow-accelerating vehicles on a daily, continuous basis. This Use does present a safety hazard to the traveling public and residents in this area. Improvements to provide safe, efficient access for, not just A&W Water,but the traveling public,should be required at the intersection of CR 381/2 and SH 60. One turn lane is not going to provide safe and efficient access onto or off of State Highway 60,to the traveling public or the side roads. A traffic hazard already exists on State Highway 60 between CR 38 and CR 38 1/2-within four tenths of a mile. With the 65 mph speed limit there is much concern with the dust issue and safety of trucks turning onto or off of State Highway 60, as well as the safety of vehicles utilizing these side roads. Requirements from COOT should be in place to comply with their standards for this type and this amount of traffic volume. A&W's main access should be on an improved intersection with turn lanes„ acceleration and deceleration lanes. A&W plans on having potentially over 200 trips[or over 100 Roundtrips) intersecting 38 1/2 at SH 60 per day. That totals approximately 16.6 trips intersecting 38 1/2 and SH 60 every hour[or 8.3 roundtrips per hour]. The seven employees are not included in these figures; however,they could potentially add another 28 trips,with a lunch hour[travel to work,travel to lunch, return from lunch, and leave at the end of the day). That is four times, each,they could be in and out of the main access point.A large percentage of these activities occur during the 6:00 a.m.-6:00 p.m.time frame[12 hours]. COOT's count for 2008, north of Highway 85,on SH 60 is 3,600 Average Daily Traffic[almost 9%is truck traffic]. The speed limit on State Highway 60 is 65 mph on a 2-lane highway. The speed limit between CR 40,south to Highway 85 should be reduced to 50-55 mph. From January-November 2007, on fourteen (14) random occasions, in al 2-hour period of 6:00 a.m.-6:00 p.m., I documented the number of water trucks entering, or exiting,the main A&W Water driveway off of SH 60. I counted 179 trips during these random 8 hours,which calculated to 22.3 water trucks per hour. • In 2008, 6:00 a.m.-6:00 p.m., I randomly surveyed the water trucks for a total of 17 1/2 hours, documenting 395 trips which amounts to 22.1 trips per hour. When they allowed the sludge trucks to use their property,during the same time frame,there were 341 trips,which total 19.5 trips per hour. These calculations do not include commodity trucks,visitors,etc. (PICTURES #4) Within two tenths of a mile, at two separate access points, there were a total of 736 water&sludge trucks entering &exiting A&W's property. That calculates to 42.1 trips per hour(during my 17 1/2 hour observations). That is an enormous amount of traffic. Given the fact that with USR 1695 there won't be any"sludge trucks",there will be well operations,pipe storage and potash traffic. A&W's purposed 200+trips per day and the observations I have made will continue to cause adverse traffic concerns. On CR 38 you have A&W trucks, Platte Sand &Gravel traffic,and Noble Energy traffic. Platte Sand &Gravel and Noble Energy's haul traffic have a designated "haul route"that they do not follow. (PICTURE #5) The same will happen with A&W Water's traffic. State Highway 60, between CR 38 and CR 38 1/2 [four-tenths of a mile] is a traffic hazard area. All of the aforementioned businesses intersect both CR 38 and CR 38 1/2 causing adverse traffic conditions. It is imperative that signage be installed on SH 60, indicating"Heavy Truck Traffic";"Caution:Trucks Entering Highway". There is not one sign on SH 60 to alert the traveling public of the heavy truck traffic in this area.We have seen vehicles swerve around turning trucks;trucks go through stop signs to beat the traffic, at both CR 38 and CR 38 1/2 on a regular basis. For example, on July 21, 2008 there were 5 out of 8 A&W haul trucks in a 20 minute period that did not stop when exiting their site onto State Highway 60. • Page 3 USR 1695 • SECTION 23-2-250-Operations Standards-A:"An applicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Used by Special Review prior to construction and operation. Once operational,the operation of the USES permitted shall conform to these standards." This location is not designed to handle that large amount of heavy truck traffic. Based on my observations,Platte Sand &Gravel and Noble Energy,who have Standards to comply with, do not follow their haul route. Although this applicant dotted all of the i's,crossed all of the is and indicated they are compatible with the area, I can conclude that A&W will not comply with all of their required standards. Our family has lived in this area since 1970. I, Diane, have lived at 13292 CR 38 '/2 since 2002. My parents built this home in 1976. Donna's property at 13031 CR 38 is currently empty. We are trying to sell Donna's property. An A&W representative had suggested we move. In October 2007 a former planner suggested we move. I don't believe we have to move - if they want their business here than they need to do make the improvements to protect the health, safety&welfare of the residents. And the County needs to insure that happens. The County has already set the tone for the future by allowing Noble Energy into this area. However,with the minimum Highway improvements, as noted by COOT,and the concern for safety of residents in the area and the motoring public,we object to A&W continuing or expanding their operation in this area. In the event the Planning Commission and Board of Commissioners feel A&W's operation does not pose a health or environmental hazard to the residents and traveling public,and they choose to approve USR 1695,we strongly recommend: 1. Turn lanes, acceleration and deceleration lanes on State Highway 60 - not just one turn lane;; • 2. ALL haul traffic stay off of CR 38 and CR 38 '/2[well operation,storage&equipment, potash area, commodity trucks,etc.) 3. With the increase of traffic outside of A&W's haul traffic,which obviously will be increasing and no one can guarantee these vehicles will stay off of CR 38 and CR 38 1/2,A&W should be required to treat these roads as required by Public Works. It is unreasonable to think that their traffic would stay off of these local gravel roads; 4. Signage must be installed on State Highway 60 to alert the motoring public of"Trucks Turning"or"Heavy Truck Traffic"; 5. Signage for"No Jake Brakes" installed on State Highway 60 and on A&W's property; 6. One access point at 38 1/2 and State Highway 60; 7. Reduce the speed limit on State Highway 60, north of CR 40 to Highway 85; 8. Any ground preparation or landscaping dust is kept under control for the safety of the residences and traveling public. If you have any questions,you may call me.at}47t 737-2225. Thank you for your time. Res e •'• / , i '�• Dian: G.W.Ife D in: J.W Ife 132 381 ' 13 CR Platteville,CO 80651 Platteville,CO 80651 r\a, G ..--- Ln I I Lr•' • •1 t.• I it W It 4111 1 1441 i la- 1181 i ,I r 1 I17111 • -. - \ 1 i - {_ ii4iis 5 _i= �i 1 / o C Srr NI Sr Lt' O O N C\ O 1 I — . 1 i 1 Ili `fl 1 1 / l) A i ill If'II ti llpir i r r Crl - 7: II •� 1Gi`r '$M• N. , -r� �. {' N - 1 �1 :fief1' I C7,1 <mi �,. • of o , . 1 I ` \1 ,. , I. Jl / 1 t1 _ I . 1 1 • .7 i , II 1 1• ' 1 4' lk; < .1T, y 1 ,.• ! I • . • 4 • . 11 A' :: - I. 41 ra 1* 1 4 • 1 ; . ',F • f ` S It ti . • • N IP"It. .' - E., is- , .. i . 4 I i r y b 4II 1 u J , ' - . . -f r .� - /D Va/ ' e- Jr CD 4. • O a Csi - O • N I : O II o t. il • I it • 1 1 0 t; `ra % a. I, 4. IT) , _1-. I .41. ik;5 H (-I .= ..., l ki • L • :I r Ville iiiihV1 °9 �' lip i _ - _ A �y. D 44w �) 4 •t • III 1 . • I la :%0 • * i 4 1 . ‘\: . Lo ' fis •I'l 4N k.1) -1;2. kr, Os Ill, • • R rumLiA f w pri cr iuca 7 • . _ , _A ` . ' .i - - _�'�; ,L - _ _ _ . a s <Cs�•`--- •74..._- - a • _ �� r'4 I - �Tj1� - 03/25/2008 07 : 05 : 04 06/142008. 09:48: 06 • i.• : .-. ' me t' ] --- _ • - i; --- _ lin'vs ' t" i I lib .,.• ..., .rr :t194 L ta A . `' �- • '/, 07/01 %2008 0 7 31 24 a L 09/29/2008 07 -43 . 52 I - . Er -..e. .1 - --.4.tiamitedi4 060•4• iaF OWegr"--- •- lifr ft.. sus . . I . .__ ' . . . ; .. J+ r • , l, 1S .r , it,- co cc t . ' . ' CD • 4 = ' .. F LO- r' it: - C:) . 111 i . . 7 11, t• s1 in,1,-; elt . .J . . . I Aile . IS ' i , Ca •-• Inc bc ,.t . ' . 1 iv, • o - in . . ..f !�•` ni 'CT `cp d n 00r 441 le V N N O O IS"F' F , hit • 1 [' . ... _ 1 g _ , . 4 1114 1 t?...lip , . 14 '. . '`'t .. A ai Eji * . D1 NINP • Y lalS - i I IS • WIiDc APPLICATION SUMMARY SHEET Case Hearing Date: January 5, 2010 Number: USR-1695 Applicant: A&W Water Service, Inc. 1892 Denver Avenue, Fort Lupton CO. 80621 Representative: Chrysten Hinze—Lind, Lawrence&Ottenhoff, LLP 335 Eastman Park Drive,#200, Windsor, CO 80550 Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service Facility(water supply&storage;potash mixing and storage;and production pipe and equipment storage area)in the A(Agricultural)Zone District. Legal Description: Part of the E2 of Section 31, T4N, R66W of the 6th P.M., Weld County, CO Location: West of and adjacent to State Highway 60 and 1/2 mile north of County Road 38 Size of Parcel: +/-92 Acres • POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS 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: ➢ Weld County Department of Building Inspection, referral dated 7/30/2009 ➢ Weld County Department of Public Works, referral dated 12/9/2009 ➢ Weld County Department of Public Health and Environment, referral received 12/16/2009 ➢ Weld County Department of Building Inspection, referral received 3/25/2009 ➢ Weld County Zoning Compliance, referral received 3/4/2009 ➢ Town of Milliken, referral dated 4/2/2009 ➢ Platteville/Gllcrest Fire Protection District, referral received 4/3/2009 ➢ Farmer's Independent Ditch (Submitted by Bernard Lyons Gaddis & Kahn), referral received 7/15/2009 ➢ State of Colorado, Department of Transportation, referrals received 12/2/2009& 12/9/2009 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Weld County Sheriffs Office, referral received 3/23/2009 ➢ Town of Platteville, referral received 3/11/2009 ➢ Colorado Division of Wildlife, referral received 12/14/2009 • EXHIBIT USR-1695—A&W Water Service,Inc. 1 1 Lb t.a5p-/G h • The Department of Planning Services' staff has not received responses from the following agencies: ➢ State of Colorado, Oil &Gas Conservation Commission ➢ Platte Valley Soil Conservation District ➢ Town of Gilcrest • • USR-1695—A&W Water Service,Inc. 2 • �- SPECIAL REVIEW PERMIT VW ADMINISTRATIVE REVIEW 111k COLORADO Planner: Chris Gathman Case Hearing Date: January 5, 2010 Number: USR-1695 Applicant: A&W Water Service, Inc. 1892 Denver Avenue, Fort Lupton CO. 80621 Representative: Chrysten Hinze—Lind, Lawrence &Ottenhoff, LLP 335 Eastman Park Drive, #200, Windsor, CO 80550 Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service Facility(water supply&storage;potash mixing and storage;and production pipe and equipment storage area) in the A(Agricultural)Zone District. Legal Description: Part of the E2 of Section 31, T4N, R66W of the 6th P.M., Weld County, CO • Location: West of and adjacent to Highway 60 and 1/2 mile north of County Road 38 Size of Parcel: +/-92 Acres Parcel Number: 1057 31 000015 THE 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: 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 22-2-60 2.G A.Policy 7.2. states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." This proposed facility is in an appropriate location due to the proximity to and direct access to State Highway 60 and its proximity to U.S. Highway 85 (which assists in reducing impacts to the County Road system)and to county residents who utilize the County road system. Landscaping/screening conditions of approval and development standards are proposed along with limitations of hauling hours to mitigate impacts associated with the use and ensure compatibility with the surrounding area. • USR-1695—A&W Water Service,Inc. 3 • Section 22-5-100 A.OG.Goal 1.Of the Weld County Code States:"Promote the reasonable and orderly exploration and development of oil and gas mineral resources."This use provides a support function for the development of oil and gas mineral resources. Section 22-2-80 D. (.Goal 4. of the Weld County Code states: "All new industrial development should pay its own way." A&W Water Service, Inc. and their successors will be paying for all on-site and offsite improvements associated with this use as required through the improvements agreement. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A (Agricultural)Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review in the A(Agricultural)Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The facility is located in a rural agricultural area on parcel containing an existing abandoned residence and outbuilding in the southeast corner of the site. There are existing oil and gas production facilities located(tank batteries,wells and separators operated by Kerr Mcgee)in the eastern and northern areas of the site. The nearest single family residences are located approximately 700-feet west of the commercial well operation&water storage component of the operation and approximately 750-900 feet north of the proposed pipe&equipment storage area. The 2nd nearest residence is located approximately% mile to the northeast of the site(off of County Road 25.5).This site is located approximately''/ mile north of an existing oil and gas storage facility(pipe and production equipment storage)approved under USR-1662 in October of,— �. A- 2008. The operation will directly access onto State Highway 60 via a road directly west of County Road 38.5(this road will be used exclusively by the applicant).The applicant is • �£ proposing to screen the use with a 6-foot opaque fence along the north-south end of the USR boundary along with berming along State Highway 60. Conditions of Approval and Development Standards are attached requiring screening of the property with an opaque fence or berm, limiting truck hauling hours to predominately daylight hours(except for emergency purposes)and submittal of a noise control plan with proposed mitigation measures to address noise concerns raised by adjacent property owners adjacent to the water well and tank storage area. 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 3-mile referral for the Towns of Gilcrest and Platteville and within the 3-mile referral area for the Town of Milliken. No referral response has been received from the Town of Gilcrest.The Town of Platteville indicated no conflicts with their interests as stated in their referral received March 11, 2009.The Town of Milliken, as stated in their referral received April 2, 2009, indicated that new developments within the growth areas of existing municipalities should be serviced by municipal/district water and sewer systems whenever possible and that a requirement for connection to water and sewer at an appropriate time or when proximate to service lines should be a condition of approval for this application. The applicants are proposing to connect to Central Weld County Water District and provide sewage disposal through an Individual Sewage Disposal System. • USR-1695—A&W Water Service,Inc. 4 • E. Section 23-2-220.A.5—The application complies with Section 23-5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County- wide Road Impact Fee Area and the Capital Expansion Impact Fee Area. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11). Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the stormwater/drainage impact fee. (Ordinance 2005-8 Section 5-8-40) 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 soils designated as"Prime(Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Portions of the site consist of recharge ponds associated with augmentation of commercial and industrial wells on the property. G. Section 23-2-220.A.7--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 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. USE DESCRIPTION:The proposal is for water supply and storage, potash mixing and storage and production pipe and equipment storage area.Water supply and storage is currently operating on site and • resulted in the initiation of a zoning violation that the applicant is attempting to rectify through this Use by Special Review Permit.The original USR application included a proposed reverse osmosis facility component along with an equipment washout facility component. These items have been removed from the updated request. This USR is to correct a zoning violation(ZCV-08-00225)for operating(water supply&storage and potash mixing and storage)without first obtaining the necessary Weld County Zoning Permits (Use by Special Review Permit approval). Should this application be approved, the violation will be dismissed. If denied;we request the Board of County Commissioners to forward the case to the County Attorney's Office, but to delay legal action for thirty(30)days to allow the applicant time to remove the use from the property. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. All sheets of the plat shall be labeled USR-1695. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 342) The approved Landscaping/Screening Plan. (Department of Planning Services) • 443) The approved Lighting Plan(if any onsite lighting is proposed). (Department of Planning Services) USR-1695—A&W Water Service,Inc. 5 • 644) Add note:"Weld County shall not be responsible for maintenance of drainage related structures."(Department of Public Works) T win note shall be added to the plat drawin "T is Improvements at t ection of State Hi and the site access shall be designed and installe e tandards. Permits and planning will be coord. with CDOT fort 1s 1st lcticw " Also part of this it-Ott a Final Drainage Plan and Report for the site shall be ap roved by the Department of Public Works. 5)The applicant will delineate on the plat drawing the improvoments at the intersoction, the left turn slot including lane widening, tapers, adequate turning radiuses, the R<w.a1r+' extension of the pavement to the west gate, all rights of way, easements, and p haul route sign located in the appropriate location prior ontoring on to State -c IL- I lighway 60, and any other red line items associated with either drainage or traffic as stated in the Public Wanks referral dated Docembor 9, 2000. (Department of Public Works) 746) Dimensions of parking area shall be indicated on the plat(minimum 90-degree parking space dimensions are 9-feet x 19-feet and the handicapped parking space shall meet the Americans with Disabilities Act(ADA)requirements. (Department of Planning Services) 847) Identify the location of truck parking and equipment storage on the plat drawing. Move the future pipe and equipment storage area on the plat to the same location • as on the drainage plat. (Department of Public Works) 948) The secondary containment structure(s)surrounding each tank battery used for slurry storage or mixing shall be indicated on the plat. (Department of Public Health and Environment) 10)9) Traffic circulation (to and from the equipment storage area)shall be indicated on the plat. (Department of Planning Services) D. A fugitive particulate emissions control plan(dust control plan)shall be submitted and approved by the Weld County Dept. of Public Health& Environment. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health & Environment) E. The applicant shall submit a waste handling plan,for approval, to the Weld County Department of Public Health& Environment. a) A list of wastes which are expected to be generated on site(this should include expected volumes and types of waste generated). b) A list of the type and volume of chemicals expected to be stored on site. c) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (Department of Public Health & Environment) • F. If applicable, the applicant shall obtain stormwater discharge permit coverage from the Colorado Department of Public Health& Environment, Water Quality Control Division for USR-1695-A&W Water Service,Inc. 6 • construction activities. Written evidence of such shall be provided to the Departments of Planning Services and Public Health and Environment. (Department of Public Health& Environment) G. Building permit applications shall be submitted for the existing water storage tanks currently located on the property. Evidence that the required permits have been applied for shall be submitted to the Department of Planning Services. (Department of Building Inspection) H. A secondary containment structure surrounding each tank or battery of tanks used for slurry storage or mixing shall be constructed. The volume retained by the structure shall be 110%greater than the volume of the largest tank inside this structure. The structure shall prevent any release from the tank system from reaching land or waters outside of the containment area prior to cleanup. vv s e E1' The following shall not apply to tanks raised on skids, risers or other means allowing the �S bottom of the tanks to be viewed for inspection: For tanks stored in direct contact with the ground, a concrete secondary containment structure(floors and walls)shall be constructed. The structure shall be designed by a Colorado Registered Professional Engineer. The Department will consider structures other than those constructed of concrete so long as a registered professional engineer provides a certification indicating that the proposed structure meets or exceeds the expected functionality of a concrete structure in regard to containment, spills, unintended releases, etc. Evidence of approval of the design by the Department of Public Health and Environment and evidence that appropriate building permits have been applied for the containment facility shall be provided to the Department of Planning Services. (Department of Public Health & Environment) • I A secondary containment structure surrounding the slurry unloading/truck slurry loading /D I r area shall bo constructed unless all connections aro made within the structure required in item 1.G above. The volume retained by the structure shall be sufficient to capture spilled slurry and prevent spills from reaching land or waters outside of tho containment area prior to cleanup. Written evidence of approval of the design by the Department of Public I loalth and Environment and evidence that appropriate building permits have boon applied for the containment facility shall bo provided to the Department of Planning Services. (Department of Public Health& Environment) J. An individual sewage disposal system (I.S.D.S.)is required to dispose of sewage from the facility and must be dosignod by a Colorado Registered Professional Engineer and in D� cVj t accordance with the I.S.D.S. portion of the Weld County Code. Written evidence of Department of Public Health& Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) K. The septic system serving the existing residence, which the applicant intends to use for office space shall be reviewed by a Colorado Registered Professional Engineer. The nn review shall consist of observation of the system and a technical review describing the• YC evv" �~ system's ability to handle the proposed hydraulic load. The review shall be submitted to /y the Environmental Health Services Division of the Weld County Department of Public I loalth and Environment. In the event the system is found to bo inadequately sized or constructed, the system shall be brought into compliance with current Weld County ISDS (Individual Sewage Disposal System)Regulations. Written evidence of Department of Public Health & Environment approval shall be provided to the Department of Planning Services. (Department of Public Health& Environment) �5�W (sii r gar+dl, • L. The applicant shall pave the east 100 feet of the site access road and shall address the requirements (concerns)of the Weld County Department of Public Works, as stated in their referral response dated December 0, 2000 This includes installing the stop sign and haul route sign in the appropriate location as approved by Public Works prior to recording 3 o-1K. rr oao_124.. )rr��/v&.tc e. S`11‘.1#S7(1695—A&W Water Service,Inc. 7 • the plat. Evidence of such shall be submitted in writing to the Weld County Department oflAce,6� Planning Services, and the haul route sign and access pavement shall be delineated on n the plat. (Department of Public Works) -KZ M. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements(A&W Water Service, Inc-USR-1695)Collateral will be posted for work to be completed. The agreement and form of collateral shall be submitted for and reviewed by the Departments of Planning Services and Public Works and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. (Departments of Public Works and Planning Services) N. The applicant shall submit a Landscape/Sscreening Plan to the Department of Planning Services for review and approval. Thep N ad d o of the d<(.1 9Cpart`of-tbe.012L O. Because this site is in violation, and trucks are currently hauling water from the water , supply and storage aroa on the cite: screening of the water supply and storage area shall U` be accomplished prior to recording the plat. The applicant can propose temporary opaque ,9 screening should the applicant propoco to install a berm and vegetation that cannot be planted until the coring season. Evidence that screening has boen installed shall bo provided to the Department of Planning Sorvicoc for review and approval prior to recording the plat. (Department of Planning Sorvicoc) • P. A Lighting Plan (if any on-site lighting is proposed), including cut sheets of the intended lights, shall be provided to the Department of Planning Services for review and approval. The Lighting Plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting requirements in accordance with Section 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved lighting plan shall be indicated on the plat. (Department of Planning Services) Q. The applicant shall attempt to address the requirements of the Town of Milliken as stated in their referral received April 6, 2009.Written evidence of such shall be provided to the Department of Planning Services. (Town of Milliken) R. The applicant shall attempt to address the requirements of the Platteville/Gilcrest Fire Protection District as stated in their referral received April 2, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Platteville/Gilcrest Fire Protection District) S. The applicant shall attempt to address the requirements of the Farmers Independent Ditch Company as outlined in the letter from Bernard Lyons Gaddis&Kahn dated July 15, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Farmers Independent Ditch Company) T. The applicant shall address the requirements of the Colorado Department of Transportation (CDOT)as stated in their referrals received December 2 and December 9, 2009. Written evidence of such shall be provided to the Department of Planning Services. (CDOT) • U. The applicant shall submit a noise control plan for review and approval,to the Environmental Health Services, Weld County Department of Public Health& Environment and to the Department of Planning Services. Evidence of Health Department approval USR-1695—A&W Water Service,Inc. 8 • shall be provided to the Department of Planning Services. (Department of Planning Services) V. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) 2,2. The applicant shall submit three(3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. and 2. above 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 Department of Planning Services'Staff. 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 sixty(60)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) 74. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapseco.weld.co.us.(Department of Planning Services) • 5. Prior to the Release of Building Permits: A. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review.A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) B. Setback and offset distances shall be determined by the appropriate codes in effect at the time of submittal of building permit application. Currently, setbacks are determined by the 2006 International Building Code(Offset and setback distances are measured from the farthest projection from the structure). (Department of Building Inspection) C. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) D. A letter is required from the Platteville/Gilcrest Fire Protection District as to whether a fire permit will be required. (Department of Building Inspection). • USR-1695—A&W Water Service,Inc. 9 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS A&W Water Service, Inc. USR-1695 1. Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (water supply&storage; potash mixing and storage;and production pipe and equipment storage area)in the A(Agricultural)Zone District and 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) • 43. Hauling hours(truck trips to and from the facility)shall be as follows: most hauling will occur jet between-W*0d-to the hours of 6:00 AM and until-8:00 PM Monday through Sunday. In the-event that-eOil field demands may require some temporary hauling outside of daylight hours, between the hours of 8:00 P.M. and 6:00 A.M.. Monday through Sunday. the offices of tho Weld County pi tc, Commissioners and Dopartmont of Planning Services shall be notified. (Department of Planning Services) &4. The maximum number of employees employed at the site shall be ten(10). (Department of Planning Services) 6:5. Trucks from the project site accessing U.S. Highway 85 must use State Highway 60 south or L s r v County Roads 40 42 or 44, or other paved roads east as direct to-access U.S. Highway 85 from the site. Trucks shall not use County Road 38 east of Highway 60 or County Road 38.5 east of &— Highway 60-to access U.S. Highway 85. (Dopartmont of Public Works) 7,6. The applicant shall be required to obtain any overweight or overwidth permits as needed from Weld County Public Works and/or the Colorado State Department of Transportation(CDOT). (Department of Public Works) 8J. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health & Environment) 88. Slurry unloading/truck loading operations shall be conducted_within the cocondary containment assesso as to prevent any release from the tank system from reaching land or waters outside of the containment area or portable containment devices prior to cleanup. Spill prevention measures • shall be employed when making connections and during loading/unloading operations. Portable containment such as drip pans shall be available for use. (Dopartment of Public Health & Environment) USR-1695,A&W Water Service,Inc. 10 • 9. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water spills should be captured in above ground containment areas and allowed to infiltrate. There shall be no discharge from this process to surface waters or to the facility stormwater management system in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health & Environment) 10. No permanent disposal of wastes shall be permitted at this site. Any liquid or solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health&Environment) 11. Fugitive dust shall be controlled on this site. The facility shall comply with their approved fugitive dust control plan. (Department of Public Health & Environment) 12. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health& Environment) 13. Portalets shall be provided for the commercial well operation area until implementation of the pipe and storage yard.the potash mixing facility, or the office,whichever first occurs, whereupon Ssewage disposal shall be by septic system. Any I.S.D.S. on the property shall be permitted, installed, maintained and operated in compliance with Weld County Code, pertaining to I.S.D.S. pick 11 a t (Dopartment of Public Health& Environment) c /" s U Upon implementation of the pipe and storage yard, the potash mixing facility, or the office, r e t•• "e"~ whichever first occurs, an individual sewage disposal system (I.S.D.S.) is required to dispose of tkr sewage from the facility and must be designed by a Colorado Registered Professional Engineer and in accordance with the I.S.D.S. portion of the Weld County Code. Written evidence of Department of Public Health & Environment approval shall be provided to the Department of Planning Services. Prior to any use of the residence as an office, a new septic system shall be installed which is in compliance with current Weld County ISDS (Individual Sewage Disposal System) Regulations. Written evidence of Department of Public Health & Environment approval shall be provided to the • Department of Planning Services. 14. Upon implementation of the pipe and storage yard, the potash mixing facility, or the office, I. i ' whichever first occurs,Aa permanent adequate water supply shall be provided for drinking and _toe t sanitary purposes. (Department of Public Health& Environment) 15. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and patrons of the facility at all times. (Department of Public Health & 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 applicant shall operate in accordance with the approved Waste Handling Plan. (Department of Public Health & Environment) 17. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health &Environment) 18. This facility shall comply with the laws, standards, rules and regulations of the Water Quality III Control Commission, Air Quality Control Commission, Hazardous Materials and Solid Waste Division, and any other applicable agency. (Department of Public Health & Environment) USR-1695,MW Water Service,Inc. 11 • 19. The landscaping/screening on site shall be maintained in accordance with the approved Landscape/screening Plan as shown on the applicant's site plan submitted in its Amendtsd Aaalieetiea,.de�ictinc 6-foot high opaque screened fencin educe 7tie southeast side of the cde to n P Q++rlcTrt?� pon perms.-extsxntfoermine around the recharge pon an existing berm along-the- e o e le an erm to the south along the o the site. . (Dopartment of Planning Services) 20. 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; and Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 21. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County wide Road Impact Fee Program. (Department of Planning Services) 22. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the stormwater/drainage impact fee. (Ordinance 2005-8 Section 5-8-40) - J 23. With the exception of the existing commercial well operation, The Special Review activity shall .1.-Q04 not occur nor shall any building or electrical permits be issued on the property until the Special �`4 Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 24. The property owner or operator shall be responsible for complying with the Design Standards of • Section 23-2-240,Weld County Code. (Department of Planning Services) 25. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 26. Personnel from Weld County Government 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 Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 27. The 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. (Department of Planning Services) 28. 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. (Department of Planning Services) 29. Weld County shall not be responsible for the maintenance of drainage related structures. (Department of Public Works) USR-1695,A&W Water Service,Inc. 12 ‘e(f:t MEMORANDUM • Wine TO: Planning Commissioners COLORADO FROM: Chris Gathman — Planner Ill C. a. SUBJECT: Proposed Amendments to USR-1695 staff recommendation Department of Planning Services recommend the following revisions to the USR-1695 resolution: 1) Under Use Description (page 5): Replace the 2o° sentence of the 2n° paragraph with the following sentence: "Should this application be approved, the violation will be dismissed. If denied, the Violation Case will proceed accordingly through a violation hearing and possibly district court." 2) Modify condition of approval 1.O to read as follows: "Because this site is in violation, and trucks are currently hauling water from the water supply and ctorago area on the site: Screening of the water supply and storage area shall be accomplished prior to recording the plat. The applicant can propose temporary opaque screening should the applicant propose to install a berm and vegetation that cannot be planted until the spring season. Evidence that screening has been installed shall be provided to the Department of Planning Services for review and approval prior to recording the plat. (Department of Planning Services)" 3) Remove condition of approval 1.Q. • 4) Modify condition of approval 1.T (page 8) to read as follows: "The applicant shall address the requirements of the Colorado Department of Transportation (CDOT) as stated in their referrals received December 2, December 9, 2009 and December 28, 2009. Written evidence of such shall be provided to the Department of Planning Services. (CDOT)" • EXHIBIT J Cal/ • . ._ . L C 1 __ _ _ .. _ _ _ . _____ .. _ ___ _ . _ .... n 4 c . . -...... .11 ....._ i • • 4-4~ , t i .. ..a ^- - . a r -d' airflows • . JIIP ler • . • * ', --- - • - - li 4 "'as so ' ... -4 , • . 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"a MICIENE 1-- 1 \rill".• . ., Ln In Ln LO ' CD O p 'ill 1 , fir • o ' 1 ''-:. 1 Iba s. L- . r ' i� s -` • ihill;-i I : I Q . • N m f CD O coCO U O CO o \sir) «Ps- . CC cti CCU = � U CD N 0co j NN cO c0 N 1-6 t • LIND, LAWRENCE & OTTENHOFF LLP Attorneys and Counselors at Law 355 EASTMAN PARK DRIVE,SUITE 200 WINDSOR,COLORADO 80550 GEORGE H.O11ENHOFF TELEPHONE:970-674-9888 BRADLEY C.GRASMICK KENNETH F.LIND TELECOPIER:970-874-9535 DAVID P.JONES KIM R.LAWRENCE MEGAN R.PETERSON+ P.ANDREW JONES chrys@Ilolaw.com JAMES D.BRAMER• SPECIAL COUNSEL CLINTON P.SWIFT KELLY CUSTER CHRYSTEN S.HINZE CHARLES C.CAVANAGH++ + Also admitted in Wisconsin ++Also admitted in California Wald County Planning Department October 9, 2009 GREELEY OFFICE Matthew Machado, Esq. nf'T 137nnq BERNARD LYONS GADIS & KAHN 515 Kimbark Street, Second Floor Pa ECM/ED P.O. Box 978 Longmont, CO 80502-0978 Re: A&W Water Service, Inc., USR-1695 Dear Matt: We are in receipt of a copy of your September 30, 2009 letter to Chris Gathman of Weld County Planning indicating that A&W Water Services'proposed USR adequately protects the Farmer's Independent Ditch Company(FIDCo) ditch against any potential direct discharge from the USR site so long as the existing berming across the tailwater ditch and the berming across the east borrow ditch detailed in the USR application is maintained. By way of further assurance addressing this concern, please find, enclosed, a letter from the drainage plan engineer confirming that any potential, albeit unlikely, discharge from the potash slurry tank in the commercial well operation on the west side of the USR area would drain to the east through the concrete irrigation waste flow ditch running through the center of the property, and would not flow into the FIDCo Ditch. Accordingly, there is no danger of direct discharge into the FIDCo Ditch as a result of the proposed USR, as the acceptable existing berming will be maintained and as flow from the west portion of the parcel will not, in any event, release into the FIDCo ditch. Sincerely, L D,LAWRENCE&OTTENHOFF,LLP Chry en S. ra a Encl. • cc: A&W Water Service, Inc. EXHIBIT Weld County Planning • Legal Solutions for Colorado and the West CES Consultants, LLC • October 1,2009 Chrysten Hinze Lind,Lawrence&OttenhofZ LLP 355 Eastman Park Dr. #200 Windsor,CO 80550 Re: A&W Water Site Specific Development Plan—USR-1695 Farmers Independent Ditch Company(FIDCo)Comments Dear Chrys: Per your request,CES Consultants,LLC(CES)has reviewed the comments made by Bernard,Lyons,Gaddis&Kahn on behalf of the Farmers Independent Ditch Company (FIDCo)concerning the potential discharge of pollutants into the FIDCo Ditch from the proposed development of the site. Their main concerns were the potential of any discharges from the tank site area(well operation)on the far west side of the parcel and the existing concrete irrigation waste flow ditch that runs through the center of the property releasing contaminated flows into the FIDCo Ditch. Per our review of the topographic survey prepared by King Surveying in October 2008,and a on-site visit by CES on September 24'",any potential discharge from the tank site area(well operation)on the far west side of the parcel would drain to the east without flowing into the dirt irrigation waste ditch located on the extreme southwest portion of the parcel,or consequently into the FIDCo Ditch. These flows would end up in the existing concrete irrigation waste flow ditch that runs through the center of the property. This ditch turns to the east just south of the existing gas well access road and any flows in this ditch will release into the proposed retention pond that will be constructed on the site. This letter was prepared for the exclusive use of our client and is not intended for any other purpose. Our conclusions are based on the information made available to us at this time. Should additional information become available,we reserve the right to determine the impact,if any,of the new information on our opinions and conclusions; and to revise our opinions and conclusions if necessary and warranted by the discovery of additional information. If you have any questions or comments concerning this matter,please feel free to contact me at(970)373-4480 or kurt@cesconsultantsllc.com Sincerely, CES CONSULTANTS,LLC gy � C.S \ %. • Nf• r 2t Kurt Rollin,P.E. • '••� 47 Principal 4t 14 • •7•, "t 112 112 E.South 14 Street:Johnstown,CO 80534.Phone:(970)373-4480 a Fax:(970)587-8703 Hello