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HomeMy WebLinkAbout20092830.tiffTo: Chris Gathman Weld County Panning 916 10th Street Greeley, Colorado 80631 Regarding Case #: USR-1708 Dear Chris Gathman, Weld County Planning Department GREELEY OFFICE JUL 3 01009 RECEIVED I live about a quarter mile from a proposed Oilfield waste Disposal Facility that will be in our AG Zoned area. My neighbor, Douglas Ratzlaff, notified me of this case and sent a copy of a letter that he sent to Governor Ritter. I hope we do not have to go to that level of government to get this zoning request denied. I moved into the country to have an agricultural related property and neighbors with similar interests. The oil waste disposal site is very close to our property and will cause additional local heavy traffic, odors from the oil waste products and I believe it will cause a decrease in my property value. I have invested a lot of money in my property over the years and plan on another major upgrade to the house, but I do not want to throw money away if the unattractive commercial neighbor is going to cause lower property value. Please keep this an Ag area and deny this change to the zoning. Regards, Lonnie Ford 16299 WCR 49 LaSalle, CO 80645 EXHIBIT I 6A 2009-2830 Londa Reynolds 5524 South 175th Road Brighton, MO 65617 CASE #: USR-1708 August 8, 2009 Weld County Department of Planning 910 8th Street Greeley, Colorado 80631 Weld County Planning Department GREELEY OFFICE AUG 13 7nnq )10EIVED To whom it may concern: I have significant issues with Lone Star LLC's proposed project : USR for Class II Oilfield Waste Disposal Facility in the Ag Zone District Location: South of an adjacent to CR 34 and East of and adjacent to CR49. My property lies within 500 feet of this proposal and, as such, makes me a interested party. I will not agree to this proposed Waste Disposal Facility. The of companies have been ruining the water supply in this area for quite some time. There must be a limit put on much further they can pollute a very important aquifer that serves the needs of a multi -state area. It's time to say no to their pollution. In addition, such a facility will drastically reduce the value and sale of real estate in the surrounding area. Consider this my official complaint and objection with this project. I ask Weld County to deny their proposal and permits. Please send me by return mail all information regarding this proposal and the conditions that must be met for approval and denial. I am also requesting a complete list of all meetings to include date and time. In addition, I am requesting for the Weld County Planner associated with the proposal to call my husband to discuss the situation, Derral Reynolds (417) 724-8589 Thank You for Understanding My Concerns, Londa Reynolds d n EXHIBIT • • Weld County Planning Services 918 10th Street Greeley, Colorado 80631 August 17, 2009 Re: Case # USR-1708, Deep Well Disposal site in Weld County Dear: Weld Country Planning & Zoning This letter expresses our concern regarding a Deep Well Disposal site that is planned across the street from our home. As residents of Weld County for 25 years. Our family lives on a 10 -acre parcel at 24249 Weld County Road 34 in LaSalle, Colorado. Across the road from our home is a 40- acre parcel that the previous owner recently lost due to property foreclosure. At the end of 2008, Mr. Jim Lee, an out -of state citizen from Texas, purchased the 40 -acre parcel. In approximately November of 2008, Mr. Lee contacted us and stated that he intended to install a Deep Well Disposal site on the property. Not knowing what a Deep Well Disposal site involved, we immediately researched the topic. Using the internet and local resources, including already established Deep Well Disposal sites, we learned that there are already a minimum of five conquest disposal sites in Weld County. One of these sites is less than eight miles, gate -to -gate, from the site that is to be located across from our home. In addition to our home, there are several homes on small acre parcels very near to the planned disposal site, and at least eight additional homes in close proximity to this site. We are extremely concerned about the negative impact this planned Deep Well Disposal site will have on our property and our neighborhood. The planned well will be located at Weld County Roads 49 & 34. Weld County Road 49 is already a very dangerous road. It is frequently congested. The speed limit is 65mph on this two-lane road. Adding large trucks and additional traffic to this situation will surely add to its danger. In addition to the concern of increased traffic danger, the company that is planning to build and operate the facility is Lone Star LLC. From what we have learned, this out-of-state company has never -before owned nor operated a Deep Well Disposal site. To the best of our knowledge, Mr. Jim Lee has acted in a consulting capacity for a conquest disposal site, however he has neither owned nor operated a facility. There as there is no track record on the company: are they a safe company and will they follow rules & regulations? A third area of concern is the planned hours of operation for the site. The site plans to operate 24 hours each day, 7 days each week. The majority of homeowners that live in our area moved here to get away from the very issues that the proposed site will bring to the area: lights that will illuminate the facility throughout the night; noise from truck engines, jake-breaks and pumps; and heavy traffic comings and goings. Additional disruption will take place while the initial well is drilled and during bi-annual inspections that will increase lights and noise related to the facility. Added to our concerns are the smell from the hydrocarbons and the significant and dangerous issue of fugitive dust. Finally, there is a significant environmental and health concern of water contamination to local aquifers. When all is added together, our EXHIBIT (cc • • • neighborhood will suffer noise pollution, environmental contamination, disruption of our peaceful rural community, and significantly decreased property values. We filed a Letter of Protest with the Colorado Oil & Gas Commission earlier this year. The Commission contacted us on May 4, regarding the Letter and our concerns. Three days later, Mr. Lee came to our home with wine and cookies, stating that he would like to come in for a visit. We asked him in, and he shared that he had just come from the Commission. He learned that we had filed a protest. He pressured us to take back our Letter of Protest, suggesting that if we did so, we could become "good neighbors." He also stated that we cost him an additional $30,000.00 dollars and a thirty day delay because of the Letter. He shared that he was already having a difficult time with the rules and regulations in Weld County and in Colorado. In fact, he stated several times that "... this place is worse than California..." We countered that it is probably the case that the state and the county are just trying to keep the state nice! We expressed concerns about the well and the value of our property. Mr. Lee responded that we already have a feedlot in the area. Indeed there is a feedlot out of view of our parcel, and indeed this lot already brings a great deal of traffic to the area. We explained our concern that the proposed Deep Well Disposal site would compound the traffic and property value issues, and many other issues as well. We are extremely concerned that this site is not in the best interests of our community. In fact, based on behaviors and activities Mr. Lee to date, on his apparent lack of knowledge and experience about Deep Well Disposal development and operation, and on his frustration regarding county and state law and regulation, we are extremely concerned that this site, if developed, will pose a significant danger to our family, our community, and our state. If the deep well disposal site is passed these are a few things we would like to see happen. In Mr. Jim Lee words he wants to be a good neighbor however he has not attempted to mow are spray his 40 acre parcel for noxious weeds and has not attempted to pick up any of the debris that is scattered over the property which are not visible now because the weeds are so tall. This concerns us what will happen when the disposal site is up and running! Will the site be kept in this manner will we end up with a dump as well as a disposal site. The road congestion, I believe that Weld County will perform a traffic test for this concern. Hours of operation, we would like to see a limit put on the hours possibly from 6:00 A.M. thru 9:00 P.M. the front of our home faces the disposal site. There are bright lights that shine if the trucks come and go 24/7 there will be no rest. As stated above the front of our home faces the disposal site this is something we will have to look at everyday not just if you happen to go out the back door its right there in plain view. I would like to see a large dirt burro built around it with natural prairie grass planted Mr. Lee said he would plant trees to hide but I doubt they would be kept watered, and if they were how long would it take for them to grow big enough? However if he wanted to buy larger trees for my property line I would see that they where water! Mr. Lee also stated he was not going to put up any building to hide or conceal the site or to keep the noise down, however I have heard of a bird cage device that can be placed over the site when they are injecting the brine into the earth. • • • Another concern is a strange one however from the people that live around the other deep well sites say no cell phone service for some reason everyone said that when it's in operation there is no cell service and since my husband and I run both of our businesses out of our home this is a very important concern if we can't get our call then we won't be able to get new customers. Weld County Planning and Zoning Commission, we greatly appreciate you reading this letter. We can be reached at 970-302-6465 or at Iratzlaff(c�aol.com. Our contact information is below. Sincerely, Doug & Linda Ratzlaff 24249 Weld County Road 34 LaSalle, CO 80645 Chris Gathman From: "rent: To: Subject: Dear Chris Gathman: hollraut@netzero.net Tuesday, September 15, 2009 5:21 AM Chris Gathman propsed deep well diposal I have just heard from a neighbor about the proposed deep well disposal planned site to be built on County Rd's 49 and 34. I live off of County rd 341/2 and I can hardly believe someone is actually thinking of doing this! WCR 49 is a very dangerous road with all the semi trucks that come through here at 65 miles an hour. One semi almost hit my sons school bus just the other day it's trailer jack knifed because it wasn't paying attention when the bus stopped on WCR 49 to drop off a child. The bus driver now has all the kids in the back to move forward just before he gets to that stop everyday to be a little more safe. Just yesterday I saw a semi truck rolled in the ditch again on WCR 49. It was a foggy morning. Way to many trucks on this road. With this new site there would be a lot more new trucks coming and going to add even more danger, that's a dissaster waiting to happen! My oldest son is a fairly new driver and it already worries me and in a couple months my other son will be driving. As a parent one always has concerns with children and driving but, none as worrisome as these. Enough is enough I wish they would lower the speed limit to 50 on WCR 49, it was 55 once I don't know who chose to raise it to 65, well that's a whole nother issue. My point here is, it just can't be safe at this location. Besides the smell! And what about our drinking water and the oise 24 seven! The bright lights at night it's usually so calm and relaxing most evening one of the reasons for living out here to get away from city commotion. Please stop this from happening. Please email me and let me know what I can do to stop them. Holly Rautmann Best Weight Loss Program - Click Here! <http://console.mxlogic.com/redir/?1od79EVu7cIe6SmkTXzD4Po0epekk5JzcJIRTUOU6yDNHMdM4x8aFFIFUX rlAaz4h60u2MMgeoDA2505N4ohs30n1p6hwrcwso2M3Gy84z096zUwahuCwi39oJg23h0bGxEM4xH3t- LtNNMsYgenDztPpeFVYtrC2wgav6L0QSUCVsSyC-Pt5As-UrjvdHhGJi03h0x H6y0NVVVEwgAJmCDCV- 7PNo pgdECQirbarZN0a9Ile6tA3s> • EXHIBIT I 67J2 • • • Weld County Planning Services 918 10th st. Greeley, Co 80631 Attn: Chris Gathman September 21, 2009 Weld County Planning Department GREELEY OFFICE SEP 2 4 ?nns RECEIVED Dear Chris Gathman: I emailed you about some of my concerns and after talking to neighbors I assure you none are very happy about the proposed deep well disposal site plans for county rd's 49 and 34. Case NO. USR- 1708 I'm sending this letter to let you know several neighbors are very against this location site and what it means to our neighborhood. I mentioned the dangers before I hope to be at the hearing but, in case I can't be there I wanted to state our concerns in this letter in advance so you might have sometime to look over it before October 6`h hearing.. After talking to the neighbors we seem to have a lot of similar concerns, the first is, the safety of everyone traveling to and from on County Rd 49. It is a highly traveled road by everyone around here including all the Semi trucks which makes for a very dangerous road and with the deep well disposal site vehicles coming and going all day long makes for even more dangerous situations. Second, the noise and bright lights, we live in a very peaceful neighborhood. No one ever wants to disrupt the relaxed atmosphere we moved out here for. What hours do they plan to operate? The noise of the pumps and truck engines with the lights lit up all over how can anyone enjoy the country life? This commotion is meant for the city not out here where there's still peace and quite. Third, What about the safety of our water? Or the Environment? I understand the company planning this project has no experience in this type of a business. How can we be sure they won't make mistakes and cause some serious problems. What about the smell? This is not a very pleasant smell, yeah live stock smells aren't so pleasant sometimes but, that's expected when your in the country and those do pass this would stick around. This company, Lone Star LLC could make mistakes that jeopardize our health that's something that can never be taken back how will the public be protected?. Were talking real serious problems. How can we be assured mistakes won't be made especially when (Lone Star LLC ) is in experienced and naive, mistakes will happen. Remember who pays for their mistakes! Please don't allow this to happen. Thanks, Holly & Cory Rautmann 16300WCR 471/2 La Salle, Co 80645 Ph 970-284-5787 Chris Gathman From: ,Sent: Miro: Subject: LNICESHOT@aol.com Monday, September 28, 2009 6:03 PM Chris Gathman Fwd: Deep Well Disposal Site From: LNICESHOT To: cgathman@co.weld.us Sent: 9/28/2009 12:06:24 P.M. Mountain Daylight Time Subj: Deep Well Disposal Site Mr. Gathman- this letter is in response to the proposed DWD site at Rd34 & 49. I must strongly voice my extreme disapproval of this project. As there are 8 other DWD's in close proximity to this location, the installation of this abomination is due only to the greed of Mr. Jim Lee, and Weld County's obvious disdain for the safety and welfare of it's residents. My concerns are these: 1. Increased truck traffic, with it's attendant increase in dust, noise, pollution, and the inevitable traffic accidents on an already dangerous, mostly unmonitored high speed 2 lane road. 2. Noise and light pollution. Most of the residents live here (and pay taxes) because of the quiet, peaceful surroundings. Would you like to live next this site? I doubt it. 3. The possibility of contamination of domestic wells. We depend on ',these wells for our families and livestock. How does Weld County propose to reimburse us if wells are contaminated? I submit that the long term effects of this project are not worth any amount of money, none of which will trickle down to the people who have to put up with the degradation of their lifestyle. Do the right thing, Mr Gathman, and do not allow this project to proceed! Sincerely, Larry Smith and Deborah Ray, 16049 WCR 47.5, LaSalle CO 80645 • 1 DATE: September 28, 2009 TO: Weld County Board of County Commissioners Weld County Planning and Building Services RE: USR-1708 I am writing to express concern about the proposed deep well disposal site at County Roads 34 and 49. I am a Weld County resident living on County Road 49 near County Road 34 and do not wish to have the quality of the rural character in this part of Weld County compromised. My concerns are the following: • Traffic volume on County Road 49 is already heavy and additional trucks turning from County Road 49 onto County Road 34 will add congestion and traffic noise. A semitruck slowing from 65 -plus miles per hour to a stop for a left-hand turn will produce a significant amount of noise which is likely in excess of the 86 to 90 dB permitted by Weld County Code Ordinance 2008-4. • Light pollution from such a facility will disturb the rural lifestyle of residents in the area. • The visual landscape and natural vegetation of this rural area will be significantly disrupted. Please consider rejecting this proposal to conserve the agricultural nature of this area of Weld County. If the proposal must be approved, please consider the following modifications to reduce the impact of the disposal site: • Reduce hours of operation and truck delivery to daytime hours only. • Require dimming of lighting during nighttime hours. • Move placement of holding tanks to a less visually prominent location on the property. • Enforce prohibition ofjake brakes for trucks delivering waste. • Require landscaping of the area to include trees and shrubbery. I would like to remind you of the following excerpt from Weld County Code Ordinance 2008-13, Chapter 22, Article 2, Section 22-2-10: F. Land use policies should support a high quality rural character which respects the agricultural heritage and traditional agricultural land uses of Weld County, as agricultural lands are converted to other uses (excluding urban development). Rural character in Weld County includes those uses which provide rural lifestyles, rural - based economies, and opportunities to both live and work in rural areas. The natural landscape and vegetation predominate over the built environment. Agricultural land uses and development provide the visual landscapes traditionally found in rural areas and communities. I do not believe that a deep well disposal site at this location meets the requirements outlined in Section 22-2-10. Thank you for considering my concerns and those of my neighbors. Sincerely, Kathryn Bright Banks 16201 County Road 49 La Salle, CO 80645 EXHIBIT September 29, 2009 To: Chris Gathman Weld Co. Planning Services Ref: USR-1708 Lonestar Saltwater Disposal Facility concerns From: Ray Nelson 15950 CR 47.5 La Salle, Co. 80645 Weld County Planning Department GREELEY OFFICE srp 79 7nnq RECEIVED Chris Gathman, Having reviewed all of the information I can find pertaining to USR-1708, I have developed some concerns with respect to this application. 1. Placement of the holding tanks: The proposed placement of the thirteen tanks is on the highest point of the entire property. This placement produces a silhouetting of the 25' to 36' high tanks. Are tanks this tall really considered low profile tanks' as stated in the application? Are the tanks partially buried to qualify as 'low profile' tanks? 2. Site lighting: As stated in the application, "Lighting for the facility will be shielded ...." Again, if the tanks are located on the highest point of the property I am perplexed as to how a site with 36' tall tanks can be adequately light without the lights being visible from a very far distance. Secondly, what constitutes a `shielded light'? 3. Hours of operation: The stated off-loading hours of operation are 7am to 7pm. The application makes note of `isolated instances' where off-loading may occur outside of these hours. For the sake to local residents, I would like to propose the site be limited to off-loading only during the 7am to 7pm time frame and when off-loading has ended the lights be turned off to the maximum extent possible. 4. Proposed number of loads: I have seen two numbers, 60 per day and 180 round trips per day. At the 180 per day rate, that is a truck entering the property every four minutes for a twelve hour period. I have serious concerns for the intense traffic loading, and resulting safety issues on the surrounding roads. As the proposal places the facility on the highest point of the property, silhouetting the tanks and building, I propose that Lonestar not plant trees at their location, but rather supply well started trees to the residences that will have line -of -sight to this facility. History in Weld County has proven that trees planted to `hide' unsightly feedlots/operations do not work. These trees are not watered and maintained adequately enough to provide any sort of screen for decades, if ever. Let the residents who have a vested interest in screening this facility from their view grow the trees. Thank you for your time and consideration of my requests. EXHIBIT I ti -4 September 29, 2009 • • • To Chris Gathman. This is a letter to protest Lonestar LLCs plans to put a Deep Well Disposal site at Weld County Roads 49 and 34. Mr Jim Lee is from Texas and has no vested interest in Colorado, except to make money at the expense of our state. He has no plans to live on the property and so any damage to the environment or our property values will be of absolutely no concem to him. The property he picked is on one of the busiest country roads in Weld County. In the 10 years I have lived on road 49 I've seen the speed limit and the amount of traffic rise geometrically. Along with that, we have had very little support from the local police or state patrol. I use the road once or twice a day and if I see a patrol car once a wk I'm lucky. The site will impact the entire area with noise, excess traffic day and night, light pollution at night, in spite of what Mr Lee states, that coupled with potential accidents, involving large tanker trucks, carrying toxic waste. Mr Lee's plans to hide the site with berms and trees, will fall by the wayside just like the trees Horton Feed Lot promised when the county commison let them expand their facility. If Mr lee wants to be the good neighbor, he claims to be, his plan should provide the land owners, impacted by his operation, with the necessary trees. The landowners at least will have a real interest in caring for them to help soften any environmental and physical problems the site will cause. The county commisson needs to be concerned with Weld County residents who are directly affected by this proposal. Sincerely, 121,0-4 _ \_.04!),1445-- Frank Cassano 15315 Wcr 49 La Salle, Co 80645 Weld County Planning Department GREELEY OFFICE SFP 29 7nng RECEIVED EXHIBIT (aZ SEP-29-2009 10:55A FR0M:JERRY & PAM HILL 9702846099 70:9703046498 P.1 Weld County Planning and Zoning Services 918 10'h Street Greeley, Co. 80631 ATTN: Chris Gathman Case No. USR-1708/ Deep Well Disposal Site Dear Sir: It has been brought to our attention that the county is in the process of approving a deep well disposal site at the location of county roads 49 and 34. We are strongly against this proposal. I am not too sure why the county is not required to inform those who will be affected by this disposal site since the county requires the land owners to disclose certain changes to the land we own. The county just finished not long ago a very large oil collecting plant at county road 49 and 32. This required the roads at this intersection to be widened for trucks coming on and getting off of county road 49. County road 49 already has a lot more traffic with more homes being built out in the area and now more trucks coming and going at the oil collecting site. Now the county wants to add yet another large site for disposing of oil production just another county road away. It is also our understanding that the county currently has five other conquest disposal sites one of which is less than eight miles from where the new proposal site is being considered. This will definitely have a negative impact on our community not to mention the noise level, the pollution to the air from the fugitive dust, the smell, the extra traffic, lights, inspections, environmental contamination, and just the invasion of our very quiet and peaceful life style that we have so very much protected. Surely there are other areas much more suitable for this disposal site than the one the county is proposing. Home owners should and must be heard since we are the ones being directly impacted by this site. We are concerned about the person who wants to develop this site, who appears to have lack of knowledge of laws and regulations of deep well disposal sites and the possible damage he could cause our community. He has never owned or operated a disposal site and that alone is enough to be concerned. The home owners that will be affected by this disposal site will have to endure a lot more traffic in the area not to mention it will greatly affect their property values. There is also a very large feed lot on county road 49 and 34 which increases traffic flow in the area already, now the county wants to add a disposal site down the road. It seems as though there is already enough activity in the area, and we are proposing the county find another suitable area for the deep well disposal site. The home owners along county road 49 do not want any more production coming into the area, enough is enough. EXHIBIT co I SEP-29-2009 10:55A FR0M:JERRY 8 PAM HILL 9702846099 TO:9703046498 P.2 • • • Property owners should have some rights when it comes to changes that directly impact there safety, property values, there peace and quiet, and the mere invasion of loud and noisy equipment operations twenty four hours a day. Not to mention the unappealing view of large containers to deal with permanently. Please hear our plea, and find another suitable area for this disposal site. Thank you for your time, Sincerely, Jerry and Pamela Hill 24421 county road 36 LaSalle, Co. 80645 Chris Gathman From: eent: o: Subject: Swampcactus3@aol.com Thursday, October 01, 2009 8:42 PM Chris Gathman Case No. USR-1708 Dear Chris, My name is Charlene Fridge . My husband Roger and I live on CR 49 in the area of the proposed site of the deep well disposal on county roads 49 & 34. We are writing in protest to the deep well disposal site there. We have lived on 49 for 19 years and moved there to get out of the city, the air, light, and noise pollution. Lo and behold it appears man wants to bring the pollution and bring our quality of life down. We have enjoyed being in the environment of peace and quiet, till the airport was built and now the traffic is horrendous and noise pollution, not to mention the oil rigs and cattle truck etc. that add to the interruption on the peace we used to enjoy here in the very beginning of our move. Putting the tanks on the proposed site, already disturbed by the feed lot there, it destroys the beauty of the horizon in the early morning when the sun rises. Any time I look out my window and see the man made interruption, it kinda depresses me. I believe God's intention for us is to have His beautiful creation of rolling hills and big sky and clouds, and the stars at night, the animals grazing, and gives a certain amount of peace to us. When all the tanks are there it is an eye sore. It interrupts our quality of life, and it's not aright that these companies should rob us of that. Would you please set them as low as possible that they are less visible to us, keep the lights low as possible, keep the operation during the normal work hours as everyone else, 7 A.M. to 4 P.M. , and please keep the traffic down to minimum. We would prefer you to set them somewhere else where there are no residences surrounding it. And if you choose not too, maybe you could give us Evergreen trees to plant between us and the tanks so we never have to look out and see them.. At least Evergreens are full and stay thick all year round. The trees would also cut the noise and the light from the facility. We would appreciate your consideration of "not" putting these tanks in the area of 49 and 34. Pease confirm receiving of this e-mail. Thank You. Sincerely, Charlene and Roger Fridge 15417 CR 49 La Salle, Co. 80645 • EXHIBIT laK 1 Mr. Chris Gathman Weld County Planning Services 918 Tenth Street Greeley, CO 80631 Dear Mr. Gathman: Weld County PlWRR1 GREELEY 0 P.lennjjng Department T0PT0FFICE (Inri n 7?R to October 1, 2009 OCT n 19t1 RECEIlith %VED This letter expresses our opposition to a Deep Well Disposal site that is planned in our area. The planned well is to be located at Weld County Roads 49 and 34. Our family lives on a 15 -acre parcel at 15027 Weld County Road 49 in LaSalle, Colorado. As residents of Weld County for 15 years, we are writing let you know that we are against this project. There are already a minimum of five disposal sites in Weld County, and one of these sites is less than eight miles from the site that is to be located in our area. We are extremely concerned about the negative impact this planned Deep Well Disposal site will have on our property and our neighborhood. Weld County Road 49 is already a very dangerous road. The speed limit is 65 mph on this two-lane road, and it is frequently congested. Adding large trucks and additional traffic to this situation will add to the danger. In addition to our concern of the increased traffic danger, the company, Lone Star LCC, that is planning this project has never owned or operated a Deep Well Disposal site. Mr. Jim Lee, the owner of the property, has neither owned nor operated such a facility. Consequently, there is no track record for the company or Mr. Lee, and we are concerned about his ability to follow all of the rules and regulations in order to make this a safe operation. The site plans to operate 24 hours a day, seven days a week. This can only mean lights that will illuminate the facility throughout the night; noise from truck engines, jake-brakes and pumps; and heavy traffic in the area. There will be order from the hydrocarbons, and significant and dangerous fugitive dust. Most important are the environmental and health concerns of water contamination of local aquifers. We have already experienced problems with our well water as a consequence of the increased oil well drilling in the area. When all of this is added together, our neighborhood will suffer noise pollution, environmental contamination, disruption of our rural community, and significantly decreased property values. Based on Mr. Lee's apparent lack of knowledge and experience about Deep Well Disposal development and operation, and his frustration regarding county and state regulations, we are extremely concerned that this site, if developed, will pose a significant danger to our family, our community, and our county. Our family moved to this area to get away from the very issues that this proposed site will bring. We are opposed to the installation and operation of this Deep Well Disposal site, and we hope that you will take into account all of our concerns when the hearing for Case No. USR-1708 comes before Weld County Planning and Zoning on October 6, 2009. Sincerely, ?v u2 n,,a.ff..t R. Bradley Lindenmayer 15027 Weld County Road 49 LaSalle, CO 80645 EXHIBIT Mr. Chris Gathman Weld County Planning Services 918 Tenth Street Greeley, CO 80631 Dear Mr. Gathman: Weld County Planning Department r REELEV OFFICE Weld County Planning De GREELEY 0FFICFoc1 it?rori October 1, 2009 OCT�1 :016 /E� RECEI This letter expresses our opposition to a Deep Well Disposal site that is planned in our area. The planned well is to be located at Weld County Roads 49 and 34. Our family lives on a 15 -acre parcel at 15027 Weld County Road 49 in LaSalle, Colorado. As residents of Weld County for 15 years, we are writing let you know that we are against this project. There are already a minimum of five disposal sites in Weld County, and one of these sites is less than eight miles from the site that is to be located in our area. We are extremely concerned about the negative impact this planned Deep Well Disposal site will have on our property and our neighborhood. Weld County Road 49 is already a very dangerous road. The speed limit is 65 mph on this two-lane road, and it is frequently congested. Adding large trucks and additional traffic to this situation will add to the danger. In addition to our concern of the increased traffic danger, the company, Lone Star LCC, that is planning this project has never owned or operated a Deep Well Disposal site. Mr. Jim Lee, the owner of the property, has neither owned nor operated such a facility. Consequently, there is no track record for the company or Mr. Lee, and we are concerned about his ability to follow all of the rules and regulations in order to make this a safe operation. The site plans to operate 24 hours a day, seven days a week. This can only mean lights that will illuminate the facility throughout the night; noise from truck engines, jake-brakes and pumps; and heavy traffic in the area. There will be order from the hydrocarbons, and significant and dangerous fugitive dust. Most important are the environmental and health concerns of water contamination of local aquifers. We have already experienced problems with our well water as a consequence of the increased oil well drilling in the area. When all of this is added together, our neighborhood will suffer noise pollution, environmental contamination, disruption of our rural community, and significantly decreased property values. Based on Mr. Lee's apparent lack of knowledge and experience about Deep Well Disposal development and operation, and his frustration regarding county and state regulations, we are extremely concerned that this site, if developed, will pose a significant danger to our family, our community, and our county. Our family moved to this area to get away from the very issues that this proposed site will bring. We are opposed to the installation and operation of this Deep Well Disposal site, and we hope that you will take into account all of our concerns when the hearing for Case No. USR-1708 comes before Weld County Planning and Zoning on October 6, 2009. Sincerely, Skipper Lindenmayer 15027 Weld County Road 49 LaSalle, CO 80645 EXHIBIT 1 CM • • Mr. Chris Gathman Weld County Planning Services 918 Tenth Street Greeley, CO 80631 Dear Mr. Gathman: Weld County Planning Department GREELEY OFFICE OCT 0 2701►Q RECEIVED October 1, 2009 This letter expresses our opposition to a Deep Well Disposal site that is planned in our area. The planned well is to be located at Weld County Roads 49 and 34. Our family lives on a 15 -acre parcel at 15027 Weld County Road 49 in LaSalle, Colorado. As residents of Weld County for 15 years, we are writing let you know that we are against this project. There are already a minimum of five disposal sites in Weld County, and one of these sites is less than eight miles from the site that is to be located in our area. We are extremely concerned about the negative impact this planned Deep Well Disposal site will have on our property and our neighborhood. Weld County Road 49 is already a very dangerous road. The speed limit is 65 mph on this two-lane road, and it is frequently congested. Adding large trucks and additional traffic to this situation will add to the danger. In addition to our concern of the increased traffic danger, the company, Lone Star LCC, that is planning this project has never owned or operated a Deep Well Disposal site. Mr. Jim Lee, the owner of the property, has neither owned nor operated such a facility. Consequently, there is no track record for the company or Mr. Lee, and we are concerned about his ability to follow all of the rules and regulations in order to make this a safe operation. The site plans to operate 24 hours a day, seven days a week. This can only mean lights that will illuminate the facility throughout the night; noise from truck engines, jake-brakes and pumps; and heavy traffic in the area. There will be order from the hydrocarbons, and significant and dangerous fugitive dust. Most important are the environmental and health concerns of water contamination of local aquifers. We have already experienced problems with our well water as a consequence of the increased oil well drilling in the area. When all of this is added together, our neighborhood will suffer noise pollution, environmental contamination, disruption of our rural community, and significantly decreased property values. Based on Mr. Lee's apparent lack of knowledge and experience about Deep Well Disposal development and operation, and his frustration regarding county and state regulations, we are extremely concerned that this site, if developed, will pose a significant danger to our family, our community, and our county. Our family moved to this area to get away from the very issues that this proposed site will bring. We are opposed to the installation and operation of this Deep Well Disposal site, and we hope that you will take into account all of our concerns when the hearing for Case No. USR-1708 comes before Weld County Planning and Zoning on October 6, 2009. Sincerely, William Lindenmayer 15027 Weld County Road 49 LaSalle, CO 80645 EXHIBIT I (M Weld County Planning Department GREELEY OFFICE DepartmentId rounty play OFFICE OCT O 17fIf1QGREELE October 1, 2009 Mr. Chris Gathman Weld County Planning Services 918 Tenth Street Greeley, CO 80631 Dear Mr. Gathman: RECEIVE:It RECEIVED RE This letter expresses our opposition to a Deep Well Disposal site that is planned in our area. The planned well is to be located at Weld County Roads 49 and 34. Our family lives on a 15 -acre parcel at 15027 Weld County Road 49 in LaSalle, Colorado. As residents of Weld County for 15 years, we are writing let you know that we are against this project. There are already a minimum of five disposal sites in Weld County, and one of these sites is less than eight miles from the site that is to be located in our area. We are extremely concerned about the negative impact this planned Deep Well Disposal site will have on our property and our neighborhood. Weld County Road 49 is already a very dangerous road. The speed limit is 65 mph on this two-lane road, and it is frequently congested. Adding large trucks and additional traffic to this situation will add to the danger. In addition to our concern of the increased traffic danger, the company, Lone Star LCC, that is planning this project has never owned or operated a Deep Well Disposal site. Mr. Jim Lee, the owner of the property, has neither owned nor operated such a facility. Consequently, there is no track record for the company or Mr. Lee, and we are concerned about his ability to follow all of the rules and regulations in order to make this a safe operation. The site plans to operate 24 hours a day, seven days a week. This can only mean lights that will illuminate the facility throughout the night; noise from truck engines, jake-brakes and pumps; and heavy traffic in the area. There will be order from the hydrocarbons, and significant and dangerous fugitive dust. Most important are the environmental and health concerns of water contamination of local aquifers. We have already experienced problems with our well water as a consequence of the increased oil well drilling in the area. When all of this is added together, our neighborhood will suffer noise pollution, environmental contamination, disruption of our rural community, and significantly decreased property values. Based on Mr. Lee's apparent lack of knowledge and experience about Deep Well Disposal development and operation, and his frustration regarding county and state regulations, we are extremely concerned that this site, if developed, will pose a significant danger to our family, our community, and our county. Our family moved to this area to get away from the very issues that this proposed site will bring. We are opposed to the installation and operation of this Deep Well Disposal site, and we hope that you will take into account all of our concerns when the hearing for Case No. USR-1708 comes before Weld County Planning and Zoning on October 6, 2009. Sincerely, Cpl. W. Brian Lindenmayer 15027 Weld County Road 49 LaSalle, CO 80645 EXHIBIT '(Co • • Kerr/i Gee Ken -McGee Gathering LLC 1099 18'h Street, Suite 1800, Denver, Colorado 80202 October 1, 2009 Weld County Department of Planning ATTN: Chris Gathman, Planner Greeley Office 918 106 Street Greeley, CO 80631 (Sent Via Email and U. S. Mail) Re: Application for Injection Well Operations for the Oil & Gas Industry Case Number: USR 1708 Township 3 North, Range 64 West, 6th P.M. Section 18: N/2 N/2 NW/4 Weld County, Colorado Dear Mr. Gathman: Weld County Planning Department GREELEY OFFICE OCT n 2 9nnq RECEIVED The purpose of this letter is to inform you that Kerr-McGee Gathering LLC's oil and gas rights may be adversely affected by the Injection Well Operations as is proposed under Lone Star LLC's USR Application, Case Number: 1708. Kerr-McGee owns easements and rights -of -way on the Property stated in the caption above within which it has buried high pressure natural gas pipelines and a network of natural gas gathering lines. Care must be taken to insure that uses of the surface estate approved by Weld County above or near these pipelines and gathering lines are consistent with both public safety and Kerr-McGee's legal rights of use. Please contact Pete Dokken at 720-929-6556 if you have any questions or comments about this matter. I am attaching a copy of our General Guidelines and Construction Activities On or Near Kerr-McGee Gathering LLC Pipelines and Related Facilities. Very truly yours, eigt ICERR-MCGEE GATHERING LLC Daniel L. Collins Landman Consultant General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC Pipelines and Related Facilities This list of design, construction and contractor requirements, including but not limited to the following, is for the design and installation of foreign utilities or improvements on Kerr McGee Gathering LLC (KMGG) right-of-way (ROW). These are not intended to, nor do they waive or modify any rights KMGG may have under existing easements or ROW agreements. For information regarding KMGG's rights and requirements as they pertain to the existing easements, please reference existing easements and amendments documents. This list of requirements is applicable for KMGG facilities on easements and in road rights of ways only. Encroachments on fee property should be referred to the Land & ROW Department. Any reference to KMGG in the below requirements is meant to include and apply to any Kerr McGee entity. • • Design • KMGG shall be provided sufficient prior notice of planned activities involving excavation, blasting, or any type of construction on KMGG's ROW or near its facilities. This is to determine and resolve any location, grade or encroachment problems and allow for the protection of KMGG's facilities and the general public. This prior notification is to be made before the actual work is to take place. The encroaching entity shall provide KMGG with a set of drawings for review and a set of final construction drawings showing all aspects of the proposed facilities in the vicinity of KMGG's ROW. The encroaching entity shall also provide a set of "as -built drawings" and submit to KMGG, showing the facilities in the vicinity of KMGG's ROW upon completion of the work. • Only facilities shown on drawings reviewed by KMGG will be approved for installation on KMGG's ROW. All drawing revisions that affect facilities proposed to be placed on KMGG's ROW must be approved by KMGG in writing. • KMGG shall approve the design of all permanent road crossings. • Any repair to surface facilities following future pipeline maintenance or repair work by KMGG on its "prior rights" ROW will be at the expense of the developer or landowner. In addition, any repair to surface facilities following future pipeline maintenance or repair work by KMGG on replacement ROW granted to relocate KMGG facilities will also be done at the expense of the developer or landowner unless expressly addressed in surface use agreements and approved in writing by KMGG. • The depth of cover over the KMGG pipelines shall not be increased or reduced nor surface modified for drainage without KMGG's written approval. • Construction of any permanent structure within KMGG pipeline easement is not permitted without written approval by KMGG. • Planting of shrubs and trees is not permitted on KMGG pipeline easement without written approval by KMGG. • Irrigation equipment i.e. backflow prevent devices, meters, valves, valve boxes, etc. shall not be located on KMGG easement without written approval by KMGG. • Foreign utility installations, lE, distribution gas, oil and gas gathering, water, electric, telephone, cable and sewer lines, etc., may cross perpendicular to KMGG's pipeline within the ROW, provided that a minimum of eighteen inches (18") of vertical clearance is maintained between KMGG pipeline(s) and the foreign utility. Any installation by a foreign utility with less than 18" of vertical separation is not allowed without written approval by KMGG. In no case will vertical separation be less than 12". Constant line elevations must be maintained across KMGG's entire ROW width; gravity drain lines are the only exception and must be approved in writing. Foreign line crossings below the KMGG pipeline must be evaluated by KMGG to ensure that a significant length of the KMGG line is not exposed and unsupported during construction. Foreign line crossings above the KMGG pipeline with less than 18" of clearance must be evaluated by KMGG to ensure that additional support is not necessary to prevent settling on top of the KMGG natural gas pipeline. A KMGG representative must be on site during any crossing activities to verify clearance depths and to assure the integrity and support of the KMGG facility. All installations of foreign crossings done by boring and or jacking require the KMGG facility to be exposed to verify clearances. Page 1 of 4 Revision 9/2009 �11 General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC Pipelines and Related Facilities • • Foreign utilities shall not run parallel to KMGG pipelines within the KMGG easement without written permission by KMGG. A minimum of 10 feet of horizontal separation must be maintained in parallel installations whether the foreign utility is placed within the KMGG easement or adjacent to the KMGG easement. Any deviation from the 10' horizontal requirement must be approved in writing by KMGG and an "as built survey" provided to KMGG after installation. In the instance that high voltage electric lines, greater than 20kV, are installed parallel to a KMGG pipeline a minimum horizontal distance of 15' must be maintained. • The foreign utility should be advised that KMGG maintains cathodic protection on its pipelines and facilities. The foreign utility must coordinate their cathodic protection system with KMGG's. At the request of KMGG, foreign utilities shall install (or allow to be installed) cathodic protection test leads at all crossings for the purposes of monitoring cathodic protection interference. The KMGG CP technician and the foreign utility CP technician shall perform post construction CP interference testing. Interference issues shall be resolved by mutual agreement between foreign utility and KMGG. All costs associated with the correction of cathodic protection interference issues on KMGG pipelines as a result of the foreign utility crossing shall be borne by the foreign utility for a period of one year from date the foreign utility is put in service. • The developer shall understand that KMGG, whether specifically required per federal law or by company standard, will mark the routing of its underground facilities with aboveground pipeline markers and test leads and maintain those markers and test leads. Markers will be installed at every point the pipeline route changes direction and adequate markers will be installed on straight sections of pipeline to insure, in the sole opinion of KMGG, the safety of the public, contractor, KMGG personnel and KMGG facilities. On all foreign utility crossings and / or encroachments, metallic foreign lines shall be coated with a suitable pipe coating for a distance of at least 10 feet on either side of the crossing. AC Electrical lines must be installed in conduit and properly insulated. • On all foreign pipelines, DOT approved pipeline markers shall be installed so as to indicate the route of the foreign pipeline across the KMGG ROW. • No power poles, light standards, etc. shall be installed in the KMGG easement without written approval by KMGG. • KMGG installs above ground appurtenances at various locations that are used in the operation of its facilities. Kerr McGee will install protective enclosures at the above ground appurtenances to protect them from outside damage. The design and placement of these above ground appurtenances and protective enclosures is done at KMGG's sole discretion, and may exceed any regulatory requirements. Construction • If KMGG will be relocating KMGG facilities for any entity, grading in the new KMGG ROW shall be +/- 6 inches before KMGG will mobilize to complete the relocation. Final cover after the completion of the project will not be manipulated by the requesting entity to be less than 48" nor more than 72". All cover that exceeds 72" or less than 48" will be approved in writing by KMGG. This does not preclude KMGG from installing the pipeline at a minimum cover of 36" as provided for in CFR 49 Part 192. Cover during all construction activities will NEVER be less than 36" unless approved in writing and a KMGG representative is on site during the time cover is reduced. • The entity requesting relocation shall survey top of pipe after installation but before backfill to determine proper final elevation of KMGG facilities. The entity requesting relocation is solely responsible for the final depth of cover over the relocated KMGG facility. Any deviation from cover requirements as outlined above will be corrected at the sole expense of the entity requesting relocation. • Contractors shall be advised of KMGG's requirements and be contractually obligated to comply. • The continued integrity of KMGG's pipelines and the safety of all individuals in the area of proposed work near KMGG's facilities are of the utmost importance. Therefore, contractor must meet with KMGG representatives prior to construction to provide and receive notification listings for appropriate area operations and emergency personnel. KMGG's on -site representative will require discontinuation of any work that, in his or her opinion, endangers the operations or safety of personnel, pipelines or facilities. Page 2 of 4 Revision 9/2009 • General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC Pipelines and Related Facilities • The Contractor must expose all KMGG pipelines prior to crossing to determine the exact alignment and depth of the lines. A KMGG representative must be present. The use of probing rods for pipeline locating shall be performed by KMGG representatives only, to prevent unnecessary damage to the pipeline coating. A KMGG representative shall do all line locating. Notification shall be given to KMGG at least 72 hours before start of construction. A schedule of activities for the duration of the project must be made available at that time to facilitate the scheduling of KMGG's work site representative. Any Contractor schedule changes shall be provided to KMGG immediately. • Heavy equipment will not be allowed to operate directly over KMGG pipelines or in KMGG ROW unless written approval is obtained from KMGG. Heavy equipment shall only be allowed to cross KMGG pipelines at locations designated by KMGG. Haul roads will be constructed at all crossings. The haul roads will be constructed using lightweight equipment. The existing depth of cover over the pipeline must be verified. Cover will be added such that a total of 8' of fill exists over the pipeline and extends a minimum of 10' on each side of the pipeline. Depth of cover will then taper as required for equipment access. Steel plates may be used for load dissipation only if approved in writing by KMGG. Contractor shall comply with all precautionary measures required by KMGG, at its sole discretion to protect its pipelines. When inclement weather exists, provisions must be made to compensate for soil displacement due to subsidence of tires. • Excavating or grading which might result in erosion or which could render the KMGG ROW inaccessible shall not be permitted unless the contractor agrees to restore the area to its original condition and provide protection to KMGG's facility. At no time will cover be reduced to less than 36" without written approval by KMGG and a KMGG representative on site. • • A KMGG representative shall be on -site to monitor any construction activities within twenty-five (25) feet of a KMGG pipeline or aboveground appurtenance. The contractor shall not work within this distance without a KMGG representative being on site. Contractor shall use extreme caution and take any appropriate measures to protect KMGG facilities. • Ripping is only allowed when the position of the pipe is known and not within ten (10) feet of KMGG facility. KMGG personnel must be present. • Temporary support of any exposed KMGG pipeline by Contractor may be necessary if required by KMGG's on -site representative. Backfill below the exposed lines and 12" above the lines shall be replaced with sand or other selected material as approved by KMGG's on -site representative and thoroughly compacted in 12" lifts to 95% of standard proctor dry density minimum or as approved by KMGG's on -site representative. This is to adequately protect against stresses that may be caused by the settling of the pipeline. • No blasting shall be allowed within 1000 feet of KMGG's facilities unless blasting notification is given to KMGG Including complete Blasting Plan Data. A pre -blast meeting shall be conducted by the organization responsible for blasting. KMGG shall be indemnified and held harmless from any loss, cost of liability for personal injuries received, death caused or property damage suffered or sustained by any person resulting from any blasting operations undertaken within 500 feet of its facilities. The organization responsible for blasting shall be liable for any and all damages caused to KMGG's facilities as a result of their activities whether or not KMGG representatives are present. KMGG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. No blasting shall be allowed within 200 feet of KMGG's facilities unless blasting notification is given to KMGG a minimum of one week before blasting. The organization responsible for blasting must complete Blasting Plan Data. KMGG shall review and analyze the blasting methods. A written blasting plan shall be provided by the organization responsible for blasting and agreed to in writing by KMGG. A written emergency plan shall be provided by the organization responsible for blasting. • KMGG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. A pre -blast meeting shall be conducted by the organization responsible for blasting. Any contact with any KMGG facility, pipeline, valve set, etc. shall be reported immediately to KMGG. If repairs to the pipe are necessary, they will be made and inspected before the section is re -coated and the line is back -filled. Page 3 of 4 Revision 9/2009 /01111111/ General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC Pipelines and Related Facilities • KMGG personnel shall install all test leads on KMGG facilities. Local Kerr-McGee Gathering LLC Representation: Manager of Construction & Facilities Engineering: Kevin R. Osif, P.E. Facilities Engineer: Joseph E. Sanchez, P.E. Operations Engineer: Erik Smith Pipeline Foreman: James Phillips Pipeline Foreman: Rick Noffsinger Emergency Contacts: On call supervisor Kerr McGee 24 hour emergency number One Call Emergency • • Phone: 303 655 - 4307 Phone: 303 655 - 4319 Phone: 303 655 -4359 Phone: 303 655 - 4343 Phone: 303-655 - 4326 Phone: 303-559 - 4001 Phone: 303-659 - 5922 Phone: 811 Page 4 of 4 Revision 9/2009 Chris Gathman rom: Dokken, Peder [Peder.Dokken@anadarko.com] ent: Tuesday, October 06, 2009 8:36 AM o: Dan D. Hull; Collins, Dan Cc: Chris Gathman; Jim Lee Subject: RE: Kerr-McGee Gathering LLC's Comments regarding Lone Star LLC's USR Application, Case Number 1708 Attachments: image001.jpg Chris, Dan Hull and I spoke last Thursday. I advised Dan that the plat for this USR show 4 to 5 pipelines on the east side of this property that appear to run in approximately the same direction. One of these pipelines is a Kerr-McGee Gathering LLC (KMGG) pipeline. I told Dan he needed to call for locates and identify the ownership of these pipelines on the plat. I also told Dan that the KMGG pipeline runs through this property and the plat needs to show this pipeline across the entire length of the pipeline across the property. Thanks, Pete. Peder C. Dokken Senior Staff Landman Kerr-McGee Gathering, LLC an Anadarko Petroleum Corp. company 1099 18th Street Suite 1800 Denver, CO 80202 Telephone: 720-929-6556 Amirell: 303-263-5612 IlPrax: Peder.Dokken(nanadarko.com From: Dan D. Hull [mailto:Dan.Hull@LRA-INC.com] Sent: Thursday, October 01, 2009 3:22 PM To: Collins, Dan Cc: Chris Gathman; Jim Lee; Dokken, Peder Subject: RE: Kerr-McGee Gathering LLC's Comments regarding Lone Star LLC's USR Application, Case Number 1708 Dan, Thanks for the information. Please note that I have a call in to Pete Dokken to help address Kerr McGee's concerns. Thanks, *an EXHIBIT i Chris Gathman From: tent: o: Cc: Subject: Attachments: Thanks Dan! Pete. Dokken, Peder [Peder.Dokken@anadarko.com] Tuesday, October 06, 2009 10:21 AM Dan D. Hull; Collins, Dan Chris Gathman; Jim Lee RE: Kerr-McGee Gathering LLC's Comments regarding Lone Star LLC's USR Application, Case Number 1708 image001.jpg From: Dan D. Hull [mailto:Dan.Hull@LRA-INC.com] Sent: Tuesday, October 06, 2009 9:04 AM To: Dokken, Peder; Collins, Dan Cc: Chris Gathman; Jim Lee Subject: RE: Kerr-McGee Gathering LLC's Comments regarding Lone Star LLC's USR Application, Case Number 1708 Pete, I completed a site visit Friday of last week. While completing my site visit, I did confirm �he original locates were still in place. I will update the plans to show the entire Kerr McGee pipeline and label as such. I will send you a copy once that has been completed for your review. Thanks, Dan From: Dokken, Peder[mailto:Peder.Dokken@anadarko.com] Sent: Tuesday, October 06, 2009 8:36 AM To: Dan D. Hull; Collins, Dan Cc: Chris Gathman; Jim Lee Subject: RE: Kerr-McGee Gathering LLC's Comments regarding Lone Star LLC's USR Application, Case Number 1708 Chris, Dan Hull and I spoke last Thursday. I advised Dan that the plat for this USR show 4 to 5 pipelines on the east side of this property that appear to run in approximately the same direction. One of these pipelines is a Kerr-McGee Gathering LLC (KMGG) pipeline. I told Dan ige needed to call for locates and identify the ownership of these pipelines on the plat. I lso told Dan that the KMGG pipeline runs through this property and the plat needs to show this pipeline across the entire length of the pipeline across the property. EXHIBIT 1 D5 Hello