The URL can be used to link to this page

Browse Search

Home My WebLink About20093275.tiff• • LitTETRA TECH October 27, 2009 Mr. Chris Gathman, Planner Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Use by Special Review application for Suncor Energy (U.S.A.) Pipeline Co., Use by Special Review, USR-1709 Dear Mr. Gathman: On behalf of our client, Suncor Energy, we are formally requesting a continuance of our public hearing with the Board of County Commissioners, currently scheduled for November 4, 2009. We would like to continue this case until December 16, 2009, so that we can meet with the neighbors of this future facility and to continue to work with the Weld County Public Works Department on the conditions of approval. It is our understanding that the Clerk to the Board has verified that the December 166 hearing date is available. Please let me know if you have any questions or require additional information. Please contact me at my office at 303-772-5282 or my e-mail address: julie.cozad@tetratech.com. Thank you for your consideration of this request to continue USR-1709 to December 16, 2009. Sincerely, TETRA TECH e C_ rf Julie A. Cozad Land Planning Manager cc: Blaine Ayers, Suncor Energy Jamie Jost, Suncor Energy James Borgel, Holland and Hart Weld County Department of Public Works P:\ l33-23474-08001 \ Communications \ Correspondence \Letters\Continue USR I 709.doc EXHIBIT t SIL l is l 2009-3275 • • • October 16, 2009 Weld County Department of Planning Services Case #USR-1709 Suncor Energy Oil and Gas Support Facility Weld County Road 20 To Whom It May Concern: This letter is intended to make you aware that the families with homes on WCR 20 are concerned about the high volume of truck traffic that will result from the Suncor Oil & Gas Support Facility that is proposed near the intersection of WCR 20 and Highway 85. There is a real concern that trucks coming from oil wells located east of Hwy 85 will shortcut from WCR 22 or SH52 onto CR31 and feed down WCR 20 to the site. This will cause road damage, dust mitigation problems and traffic concerns for all residents living on WCR 20. In addition, we request that you require Suncor to pave WCR 20 from Highway 85 to the site entrance. Please be sure that Suncor Energy will be held accountable for issues that arise for homeowners that are a direct result of this proposed site. We are not happy with the way the October 6, 2009 summary reads regarding the future responsibilities of Suncor, especially in regards to road maintenance issues. WCR 20 Homeowners & Residents lc V-2 / c4. Lz: ,j' .7-i, �- 1\2-77 I V grd )t. <'97a3 cictryiE • • October 16, 2009 Weld County Department of Planning Services Case #USR-1709 Suncor Energy Oil and Gas Support Facility Weld County Road 20 To Whom It May Concern: This letter is intended to make you aware that the families with homes on WCR 20 are concerned about the high volume of truck traffic that will result from the Suncor Oil & Gas Support Facility that is proposed near the intersection of WCR 20 and Highway 85. There is a real concern that trucks coming from oil wells located east of Hwy 85 will shortcut from WCR 22 or SH52 onto CR31 and feed down WCR 20 to the site. This will cause road damage, dust mitigation problems and traffic concerns for all residents living on WCR 20. In addition, we request that you require Suncor to pave WCR 20 from Highway 85 to the site entrance. Please be sure that Suncor Energy will be held accountable for issues that arise for homeowners that are a direct result of this proposed site. We are not happy with the way the October 6, 2009 summary reads regarding the future responsibilities of Suncor, especially in regards to road maintenance issues. WCR 20 Homeowners & Residents Attachment Aina 7 b' 7 1 A7 2t t -t /3103 W z0 /e t dtiL (3 ci 13 e -f� �,� 2/7) 13 g'S7 c. e, Zp g/atv ti {ncG i, la CR. zo Driving Directions from 36/63 County Road 24 1/2, Koggen, cU to 142251 county Koaa ... rage i oi.z • PA AP ciu EST Sorryl When printing directly from the browser your directions or map may not print correctly. For best results, try clicking ttta Prissily -Friendly button. g4� r4fin 1(j E1 ea l' starting Location a Ending Location O;� 4 sh fir,/ Park -et T �5 r'eOt G • 36763 Con Road 24 112 14281 County Road 20 "'-- —'� County ri Rogps652 Fort Lupton, CO 80621-9503 Total Travel Estimates: 37 minutes / 31.45 miles Fuel Cost: Calculate 0 bPlatteville Fort Lupton • VatOQpbeg l wtetAraufst 13200 m I }600 It ,C. it 36763 County Road Roggen, CO 80652 0 Directions from A to B: N dson 24112 ilk W"S S. Sc w/ / 1 a5c c Phis Sit ortC .f 40 a(20/4 CVc'Ss1n lit 4.17Aff a.5. g� Sect 0 Results Western Zoom to Show: Entire Route Show Icons: :1' Along Route Only O Visible Map Clear Results ad ect UITa is evver�t iii +ki 1M a jn e 5 i v. togn R, . rrwf Va1Pv C 2009 M nh+e M 6 IpOut .p N*VTE0 Of AND. ® 1: Start out going WEST on CR-24.5 toward CR-73 (Portions unpaved). e► 2: Turn RIGHT onto CR-73. t t C9 3: Merge onto 1-76 W/US-6 W via the ramp on the LEFT. .' 4: Take EXIT 34 toward KERSEY ROAD. GI $41‘47 5: Turn RIGHT onto CR-49. 6: Turn LEFT onto CR-22. h 5 7: Turn LEFT onto US -85 S. Left £rfItt h 8: Turn LEFT onto CR-20 (Portions unpaved). I 9: 14281 COUNTY ROAD 20. 19 o�v � `�� {t 14281 County Road 20 a4r 6.7 htt ://www.ma uest.com/ma s? 1 c=Ro en& 1 s=co& 1 a=36763+Coun +Road+24-1 %2... 10/17/2009 P Pq P gg tY e c Ale CL 3) C,kkr rt-A ,r, i1, c -t. 1444.k ec ) 4- a 0Poc. fva& �o T rat ✓ e ( 0V-. , 1.2 mi 0.4 mi 13.3 mi 0.2 mi 3.0 mi 11.0 mi 1.0 mi 1.3 mi 0.0 mi Driving Directions trom Hudson Lockers, till Ledar st , Hudson, uu to 14251 uounry n... rage 1 O1 1 t 5 • MAPO vlsi a Starting Location Hudson Lockers 621 mown, co 80642 303-536-4777 sorts Whin directly from the bras your directions or map meet not print correctly. For treat results, try clkddng the Printer-FriendlyPrinter-Friendlybutton. a Ending Location Pctr b r Res' { plc 14281 County Road 20 Fort Lupton, CO 80621-9503 Total Travel Estimates: 21 minutes / 15.88 miles 0 I trap m 41442), "4 os � .135i Y� co' 11th St MAPQUEst M 4C'jt?Qirk 441 Hudson Lockers �r .. M 1 41. 621 Cedar St. Hudson, CO 80642 -303.538-4777 0 Directions from A to B: list Fuel Cost: Calculate • Cr-22 I 0 2009 Ura,Ooest Inc las Be. 'SC n A ,N Map Dots 20 O09NAY TEO a AND 1: Start out going SOUTH on CEDAR ST toward CO-521MAIN ST. 2: Turn RIGHT onto MAIN ST/CO-52. Continue to follow CO -52. CA� aft, Cie. _3 Oktel LPL�J 3: Turn RIGHT onto CR-41. 4: Turn LEFT onto CR-22. 5: Turn LEFT onto US -85 S. 6: Turn LEFT onto CR-20 (Partions unpaved). 7: 14281 COUNTY ROAD 20. e, �h 4414281 County Road 20 Fort Lupton. CO 80621-9503 / Ali rights reserved. Use subject to License/Copyright Map Legend Directions and maps are informational ony. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use Leff & j Hwy west bvxate 3 Leff- c n kat 31 i5 wave w/T 1 Mk k1t5%Ui.' Ci 'I '1 1I G r is �p . ?Keck; h 'f rave 1 GVl • 0.0 mi 2.0 mi 4.5 mi 7.0 mi 1.0 mi 1.3 mi 0.0 mi http://www.mapquest.com/maps? 1 c=Hudson& i s=CO& 1 a=621 +Cedar& 1 z=80642& 1 pn=... 10/17/2009 Chris Gathman O0:t: m: Subject: 10-18-09 Dear Mr. Gathman: sherry parker [syarsha@yahoo.comj Sunday, October 18, 2009 2:20 PM Chris Gathman Case Number USR-1709 Suncor Energy I am writing to you in regards to my concern about the Oil and Gas Support Service Facility that will be put at the end of Weld County Road 20 & U.S. Hwy 85 by Suncor Energy. I live at 14281 WCR 20 and will be impacted by the high number of trucks that will be traveling by my home to get to the plant. It is my belief that the majority of trucks that load from wells on the east side of Highway 85 will use WCR 31 to WCR 20 as a short cut to get to the service plant. By taking this shortcut, trucks will alleviate having to cross four lanes of Hwy 85 and then come back across two lanes of Hwy 85 to get to the plant. I will be sending you another letter in the mail that will have two map quests showing the best route to get from eastern lying wells to the Suncor location. My searches were from a Roggen area to my home, and a Hudson area to my home. Both map quests show the best route to the plant as taking WCR 22 to Hwy 85. This map direction would mean that trucks cross all four lanes of the highway, head South, and then come back across two lanes of highway to get to the plant. I have a difficult time getting •ross the highway in my car, and I pull out to the middle of the highway to get across the rst two lanes, and then I wait until I can get out onto the next two lanes. Obviously, a truck cannot do this, so truckers will not take the highway route when then can simply come in the back way, WCR 31 which is covered with magnesium chloride, to WCR 20, and drive right by my house. This leads me to my concerns. When the road is dry, the dust will be immense with a lot of truck traffic. My home sits right off the road. Also, when the road gets wet, the weight of the trucks will create numerous potholes. I have low profile tires on my car and along with causing tire blowouts, which are extremely dangerous, my rims will bend. This is an expense and a danger that I don't want to have to deal with. On the notes from the October 6th meeting, which I could not attend, number 21-23 state what Suncor agrees to do in regards to road repair. This is not acceptable to me. How frequently will public works be checking the road? Also, giving Suncor 30 days to fix the damage is not acceptable. One day with enough moisture to soften the road will create numerous holes in the road if there is heavy truck traffic. This situation will be dangerous for everyone driving on road 20. In addition to this, I have 6 grandchildren who play outside. The 24-7 heavy truck traffic concerns me for their safety, and I am certainly not excited about the noise. I would like to see additions added to the summary sheet that require immediate attention to problems with the road, created by truck traffic. By the way, how is it going to be decided who created the potholes? I would also like an addition added that requires trucks to enter �e service facility from U.S. Hwy 85, and not from the east on WCR 20. If this cannot be dded then Suncor should pave the road or at the very least put down magnesium chloride on road 20 from road 31 to the service plant. 1 EXHIBIT F info (10q Finally, I am concerned aboulCeing able to get onto the highwallin the morning if I am behind trucks. I can sit at the intersection of WCR 20 and Hwy 85 for 5 minutes currently, trying to get across the highway in the morning to get to work. Swill be at the meeting on November 4th and appreciate the committee taking the time to look at my concerns. The addresses I used for my map quest were Roggen Farmer's Union and Hudson lockers. Both of these areas show the shortcut that I am concerned about. Sincerely, Sherry Parker (303) 857-4944 14281 WCR 20 Fort Lupton, CO 80621 • • 2 Chris Gathman om: nt: o: Subject: julieratliff@kw.com Wednesday, October 21, 2009 11:35 AM Chris Gathman re: Case #USR-1709/Suncor Energy Chris, Letter of Concern regarding Suncor Energy's Support Facility project proposed on County rd 20 in Ft. Lupton.0ur road is in distress already, as I have complained in the past(2007) of Halliburton trucks, hauling #@#@ 60 plus MPH short cutting thru so as to not have to go clear to US 85! This project will encounter the same from trucks coming/going to/ from east.Recently the oil well had to remove dirt 12 hours a day for weeks/muddy, slimey, traffic, had to wait to get in my drive for trucks to move. My drive also is at the crest of the hill just 9/10th of a mile east of US 85, having more fast truck traffic will increase the danger of going in and out of my drive, children,livestock, pets, myself endangered!! Please consider all who live in the area.We prefer them find a new site! If not, The road needs to be paved from US 85 to 1st east cross road south, at least!Speed control will then become more of an issue then as they already cruise 60plus mph! Justin and Julie Ratliff 13913 County Rd. 20 Ft. Lupton, CO 80621 303-961-0606 • • EXHIBIT I Scli 1 Chris Gathman rom: nt: Subject: Esther McCrumb [emccrumb@what-wire.com] Thursday, October 22, 2009 1:32 PM Chris Gathman Suncor Energy Oil and Gas Support Facility For the Record: I am Esther V. McCrumb, 13517 County Road 20, Fort Lupton, CO 80621. While my house sits % mile north of County Road 20, with increased traffic on that road due to the proposed Suncor facility, I believe I will be impacted in several ways: 1. Dust, especially if there is a south wind; 2. Lights, since I understand this would be a 24 -hour operation. My bedroom is in the southwest corner of my house, I like to sleep with a window open, and the window shade up; 3. My house is at eye level with the proposed site, so the #2 concern definitely affects me; • • EXHIBIT 4 l "IiOl i 1 Chris Gathman rom: nt: Cc: Subject: Esther McCrumb [emccrumb@what-wire.com] Thursday, October 22, 2009 2:23 PM Chris Gathman dmccrumb@dfamilk.com Proposed Suncor Energy Oil and Gas Support Facility For the Record: I am concerned about Suncor's proposed facility for the following reasons: 1. I am Esther V. McCrumb and have lived at 13517 County Road 20 since June, 1969. Traffic on Road 20 has increased during the past 2 - 3 years, due to many more homes being occupied east of my home. Additional traffic, especially truck traffic, will create more dust and danger trying to turn onto Road 20. While my house sits A mile north of Road 20, the dust certainly drifts that far with a south wind. 2. I understand the proposed facility would be operated 24 hours a day, and I am concerned •out the lighting, since my house is on eye level with the Suncor site, and my bedroom, with a 6 -foot -wide window, is on the southwest corner of my house. Also, I feel those lights would make driving to Road 20 and west, dangerous. 3. County Road 20 gets very muddy after a rain or snow melt, and I doubt Weld County could keep up with keeping the road passable if we have a snowy winter or a prolonged rainy spell. 4. I am concerned that Suncor's drivers would have no restroom facilities, nor office where phones and/or electronic communication would be available. I know the problems inherent in providing "porta- potties;" odor, general personal hygiene, and availability as needed. I have some suggestions: S. Paving County Road 20, from U.S. Highway 85, at least to County Road 31, would alleviate the dust problems 1 for all of us living along Road 20. County Road 31 has a surface that seems to be holding up to heavy traffic, and that might be sufficient. 2. fence. The lighting should be screened on three sides, at least, with a six-foot, solid 3. Paving or surfacing Road 20 as suggested in 1, above. 4. A central building with running water and a few stalls should take care of restroom needs. Water is available in this area by drilling a shallow well. In short, I'd like for Suncor to be a good neighbor! I intend to be present at the Planning Commission hearing on November 4 at 10:00 a.m. I hope Suncor will address these concerns! Esther V. McCrumb • • 2 • • • 10-25-09 Attn: Chris Gathman Case #USR-1709 cuathman?l•co.wcld.co.us To whom it may concern, Our name is Darrel (44), SuzAnn (44) and Victoria McCrumb(6) we reside at 13521 WCR 20 Fort Lupton CO. Purpose for this letter is to address some concerns regarding Suncor's proposed truck receiving bays and tank farm. We are in favor of industrial growth in Weld County and in our immediate area. We are in favor of the creation of jobs and income to this area. But as we allow these privileges to business's and as they move into our living space come responsibility. Just as we have responsibility to be good stewards of our property to our neighbors, town and county. We are asking that Suncor be held accountable for several condition's that concern us as their neighbor's should they become unmanageable. Our residence will be within several hundred yards of the proposed sight. So we have concerns about noise, headlights, and stationary lighting that could interrupt the quality of life we have grown accustoms to out here in the country. We want to know that if any issues should arise we will have someone to turn to and support us should we need to approach a company as large as Suncor for some compromise in these areas. Of particular concern is there proposal of only Porta- Potty's. To me with the potential volume of trucks we are talking about something with running water and a more permanent basis should be basic built for basic human needs, for the volume of people it will be serving especially 24 hours a -day and in freezing temperatures. I understand their argument that they will only be there for a short amount of time unloading and that there are restrooms in town. But is it realistic to think that they will go to town when they need to use the facilities especially when their pay is a per load basis and they are loading out in the country at sites that have no restroom facilities either. Next is the traffic flow, any truck coming from Northeast, Southeast or East of the facility will come down WCR 20! It is particularly na�ve to think that any good truck driver would come east down WCR 22 make a left hand turn across Hwy 85 try to get up to speed with south bound traffic and then less than a mile later make another left hand turn across Hwy 85, when they can just stay on the back roads be safer, avoid traffic and law enforcement. So this call's to question the infrastructure we currently have, these county roads were not designed to withstand the heavy duty traffic that that has been imposed upon them for several years. As f first heard of this proposal it was my understanding that WCR 20 would be paved from Hwy 85 east how far 1 am not sure, but my suggestion would be at least to WCR 31 because that is where the truck traffic will funnel to from WCR 22, WCR 41 and from the south to avoid town. It should also be understood that these are not Suncor company trucks but Contract haulers and Suncor's control will be minimal over them. When you go east from our driveway and begin to climb the hill it is particularly treacherous when it gets wet and on both sides of the road are deep ditches and barrow pits. Because of the crown of the road the truck will ride down the middle to avoid slipping into either side. This is true of most dirt roads but this hill is particularly dangerous. I believe the county over the years has maintained its • • • but with increased traffic Suncor should help upgrade this section of the road. Another concern stemming from more truck traffic is our 6 year old daughter and the children of our neighbors, the elderly drivers that will have to contend with traffic they are not use. In summary we are supportive of growth, but also accountability. For years Weld county has been an incredible income resource to the oil companies and thru personal experience with many of them on our land it is hard to deal with them just because of their size I believe they feel we do not count sometimes. So we ask the county to hold them responsible as expanding neighbors in our community. I will not be able to make the meeting but would appreciate feedback and should you have any question or comment my cell no. is 303-263-1675 this includes Suncor officials as I would like to speak with them personally so please forward this to the appropriate individuals. Thanks for your time and consideration. Sincerely Darrel, SuzAnn and Victoria McCrumb • • • October 27, 2009 Weld County Department of Planning Services Chris Gathman/Planning Department Re: Case #USR-1709 Suncor Energy Oil and Gas Support Facility Weld County Road 20 Dear Planning Commission Committee, My husband and I are homeowners within the community of county road 20 and are currently residing in a house that is in close proximity to the proposed gas facility. We would like to have an opportunity to voice our concerns in regards to this matter: 1. We are very concerned for the safety of our school children within the community since the school bus travels down road 20 and make stops to pick up the children and will be forced to navigate through the lines of Semi -trucks entering the station. 2. Increased traffic deaths/injuries to local residents due to inadequate support lanes to handle increased traffic flow, "i.e." there should be an acceleration lane, deceleration lane and increased width of entrance onto road 20. All of these items have been included on the intersection of road 18'/: and Hwy 85 where the old Suncor gas facility is, so obviously they were deemed necessary to handle the traffic flow. 3. What is Suncor's plan to handle damage to road 20 from road 31 to Hwy 85? Since the oil trucks would have to cross traffic on Hwy 85 to travel Southbound it is reasonable to expect that they will use an alternate route of Hwy 31 to road 20 rather than cross the busy Highway with a large vehicle. This will cause increased dust, and road damage to road 31 as well as Road 20 and the taxpayers can ill afford to finance the repairs even if their portion is a percentage. 4. Well water is our only water supply for the area since we do not have access to city utilities. Therefore we want to be assured that Suncor has a plan for any type of oil or hazardous material spill including spills due to flooding? The land for the facility sits in a low plan and there is a high probability for flooding due to rain water or excessive snow amounts and we want to be assured that our water supply will not be contaminated. 5. Exterior illumination of the facility and how will it affect the houses sitting in close proximity to the facility. What is Suncor's plan to reduce the glare of the lights? I know that your committee will take serious consideration of these items and the potential for liability as a result of allowing a commercial business within a residential neighborhood. 11 EXHIBIT lfi�t�C�1 Chris Gathman rom: nt: o: Subject: 10-29-09 Dear Mr. Gathman: sherry parker [syarsha@yahoo.com] Thursday, October 29, 2009 4:03 PM Chris Gathman USR #1709 WCR 20 I EXHIBIT K i,:42 - Last Tuesday evening there was a meeting at my home with Suncor Energy. I would like to state up -front that I have no knowledge about the oilfield business; thus, this letter is strictly from my point of view. I assume that the members reviewing this are informed about all areas of my concern. I will refer to the Suncor representatives as "Suncor". I still have concerns about the effects of truck traffic that will result from the opening of Suncor's facility. It is Suncor's position that the process necessary to get the permits, or whatever they are needing to get from you, is a very lengthy process. So, they want everything lined out now that will pertain to the initial phase of their facility as well as future expansion. I fully understand this which is why I feel we need to look at this presently as if it was the future and there were 190 some trucks per day using the facility. "I" refers to three people, Don Parker, Chris Nesmith, and myself, only, in reference to what we "heard" from Suncor. Otherwise, I refers to me. On the map that you received from Chris IllIsmith, I had drawn arrows showing the areas that I believed trucks would be coming from to load at the WCR 20 facility. Suncor stated that oil wells South of Fort Lupton would continue to use their Commerce City unloading facility, and the large majority of wells on the east side of HWY 85 would use the unloading facility out by Kersey Road. I believe somewhere near CR 47, I'm not sure. I would like this documented. They also said that preferred travel routes would be recommended for traffic that did come into the new facility from the east. I would like you to look at documents of where the wells are, or I could, and compare distances and ease of accessibility for the various dumping sights to ensure that most all of the truck traffic for the CR 20 facility will be coming from Platteville, using HWY 85, as was stated at the meeting. I would also like this documented for future expansion of the facility. I was told that there are Hazmat issues for truckers that don't follow the correct routes and also trucks are required to pass the weigh station so truckers won't take the back roads. I don't know the rules and ethics of truckers. I do know that I have myself been in semi's more that once that took the back way around to save time and miss the weigh station. I also know that when there are detours that list preferred routes, and I know a short-cut, I don't take the preferred route. I take the shortest easiest way. Possibly I have no ethics, or possibly I have common sense that tells me to avoid conflict when possible and take the easy way. I still believe that any trucks coming to the Rd 20 facility from any location East of 85 will find that taking WCR 31 to WCR 20 to be a much easier route. Once again, this short-cut will allow a trucker to avoid crossing four lanes of highway and then come back across two lanes of highway to get to the support facility. ikhusband would like to see a speed limit put on our road hoping that a low speed limit ld dissuade haulers from using the road. Suncor thought a speed limit would be a good idea. In fact one of them suggested that he would like a 35 MPH speed limit because that would surely dissuade drivers from using road 20. This tells me that there will probably be 1 truck traffic on our road. Let me note that I believe Suncor has every intention of keeping truck traffic off of the road, and I believe that they plan to do everything in their power to make that happen. I just don't know how much power they will have when the trucks Ililoading are contracted out from other companies. I also wonder if these truckers are paid the hour, or the load? My next concern came up when Suncor stated that they are wanting to only put mag chloride on the road from the railroad tracks to their facility. Currently the road has mag chloride put on it from highway 85 east to the railroad tracks. Because of the mag chloride the road doesn't get graded or plowed. That section of road was completely covered with pot holes and a washboard texture for months last year, and this was basically from personal traffic. I can't imagine what the road will be like when 190 some trucks are using it, which is how we need to be thinking of this. In my mind there is absolutely no question that the road from highway 85 to the Suncor entrance must be paved. It should also be widened so that when someone like myself is trying to go to work in the morning there are ay least 3 lanes, a right hand turn lane, a left hand turn lane, and a lane for truck traffic to come off of highway 85 from the south onto road 20. I would also like to see it added that there can be no more than one truck at a time waiting to enter HWY 85. This would alleviate property owners from having to wait an extremely long amount of time to make a left hand turn onto 85. Another problem I see in this area is the deceleration and acceleration lanes from and onto 85. I don't see the lanes on the east side of 85 as being wide enough for a truck. My car barely fits in the lanes, and the lanes from my vantage point are no wider, close to road 20, than they are further away on the highway. There are also other dangers associated with truck traffic on road 20. Where the ditch is, about .8 of a mile east of 85, it is a blind spot from both sides. My husband and I came over the hill from the west one evening and there was a cow standing in the middle of the road. This is open range. We were able to stop, but a truck would not have been able to. Then, illisterday, as I was traveling E to W on the road I about hit a truck, at that same spot, that couldn't see until we were right on top of each other. That area would need to be flattened out for safety measures. Where road 20 and 31 meet is also a very dangerous spot. I would recommend you look into the number of accidents at that intersection as well as deaths. It is a blind intersection currently. I have photos to show that I took last Saturday as a truck drove by, and you can barely see it. On top of all this is the road maintenance. As Suncor stated, there are already problems with the road from general population traffic. I actually am very happy with the maintenance of the road. The county does a good job of blading it even in the winter. However, heavy trucks on the road will have a huge impact on it's condition, especially if it is wet. There needs to be a much better plan than giving Suncor thirty days, as is stated in the Land Use Application Summary Sheet Dated October 6, 2009, to fix the road which will be checked by public works once a year. This plan is not acceptable. I do not want to have to be the road guard and call public works every time the road gets bad, nor do I want to be the truck guard who has to get a license plate number and call Suncor every time a truck goes down the road. This is my home. I chose an agricultural area because I do not want to have to deal with city issues. I don't get city benefits, and I don't want city problem. I live in an area where my dog can run free, and when he gets near the road and someone hits him and kills him, I am forced pay for that persons vehicle. I don't feel like I should have to chain up my dog, and I don't want to pay for any damages to trucks or be liable for them if they hit my dog. As a county, you, should not want to be liable for damage caused to the road or from the road, as a result of increased truck usage. Language needs to added that will make Suncor liable for what happens to road 20 now and in the future. It would be easy iliccheck the difference in the shape of road 20 before and after installation of the plant. u could simply compare WCR 20 east and west of road 31. I am guessing that most trucks would probably not use road 20 east of 31. 2 In conclusion, if the site goes in I believe there should be specific documentation as to the responsibility of Suncor, if there is increased damage to road 20, now and in the future. I would like to know if there is a specific plan for grading the road presently and how and if hat will change after the facility starts up. I believe the road absolutely must be paved om 85 to the Suncor entrance, the entrance widened with three lanes marked, and do not ubt that a stop light will be necessary at the highway as well as a stop sign at road 31 & 20. I also believe that Suncor should put magnesium chloride on the road from Hwy 85 to Road 31 and maintain it as is necessary to avoid damage to property owners vehicles as I stated in my previous e-mail. Finally, Julie Cozad mentioned that there is an "improvements agreement" regarding this case number. Could you please let me know how I can get access to that document. I understand that it is a working document but open to the public. Thanks for your time, Sherry Parker 14281 WCR 20 Ft. Lupton, CO 80621 • • 3 • • • Suncor Energy -Neighborhood Meeting November 19, 2009 Weld County USR-1709 Ft. Lupton Fire Station #2 6:00 p.m. to 8:00 p.m. List of attendees (see attached sign -in sheet for more information): Darrel Vanhooser, Blaine Ayers, Gordon Alexander - Suncor; Julie Cozad, Steve Jenkins — Tetra Tech; Gene Coppola — Traffic Engineer; Chris Gathman — Weld County Planner; Neighbors attending: Ryan Hostetler, Dorothy Mintle, Tom Holton, Richard Hein, Sherry Parker, Don Parker, Lisa Graffenberger (and kids), Daniel Graffenberger, Darrel McCrumb, Esther McCrumb, Rhonda Whistance, Tony Dowdy, Marjorie Dowdy and Mike Whistance Meeting notes: The first 30 minutes of the meeting was informal and neighbors could visit individual stations, talk with the consultants and representatives of Suncor and have refreshments. Julie then did a short formal power point presentation of the project, made introductions and opened up the meeting for questions. 1. Question regarding where the crude oil is going. Suncor reps responded that it is going into a pipeline to the refinery in Commerce City. 2. Question regarding what type of trucks and the size of trucks. Suncor reps responded to the general types and size of trucks that are expected at this facility. The trucks are getting smaller because of the volumes hauling. 3. Question regarding is the traffic engineer employed by Suncor or a consultant. Gene Coppola responded that he is a consultant. He didn't do the original traffic report for the submittal to the County, but was brought on board a couple of months ago. 4. Several questions regarding Highway 85, including what improvements are going to be required. Suncor reps indicated that improvements have already been made on Hwy 85 by Suncor. Originally the project was going through the process a couple of years ago and in working with CDOT they had some requirements and in good faith, Suncor completed their requirements. Graffenberger's brought up that even though CDOT is satisfied, they think something more needs to be looked at for the intersection of Hwy 85 and WCR 20. They believe that it is not wide enough. Darrel Vanhooser indicated that Suncor is willing to look at that intersection even though CDOT is not requiring anything more there. Suncor's priority is safety and to be a good neighbor. Gene discussed warrants on Hwy 85 and the accident reports from Weld County at this intersection and WCR 20. Only two accidents have occurred in the past five years and they were single vehicle accidents (minor). EXHIBIT —i�cq • • Sherry Parker indicated that the neighbors should contact CDOT. Gene said that the CDOT Access Code does not have minimum standards, but is based on safety. There was discussion regarding Renewable Fiber and what requirements they had at WCR 18.5. Chris Gathman explained that the County can't require improvements on Highway 85. He said that one of the requirements for the Suncor permit is the Improvements Agreement and that it will outline what improvements are required, when they are required and maintenance. Sherry Parker asked if they could have a copy of that document. Chris explained that it is a condition of the permit and would be finalized after the approval of the permit. It is negotiated and the BOCC approves and accepts the agreement and associated collateral. Darrel Vanhooser said that Suncor doesn't want to create any hazards. Their main goal is safety and sustainability and being a good neighbor by operating in good faith. He said again that Suncor will look at the width of the intersection. Gene said that he would look at the CDOT requirements again and review the turning radius at the intersection. He said that a truck should be able to turn onto WCR 20 with a truck sitting at the stop sign at the intersection. 5. Sherry, Graffenbergers and Darrel McCrumb all complained quite a bit about the current condition of WCR 20. They indicated that the County does do a good job of grading the road weekly, but that it gets ruts in it quickly. During bad weather (wet weather) the hill that is 1/2 mile to a mile east of the Suncor facility can get really bad. Also the intersection of WCR 20 and 31 is an uncontrolled intersection. Darrel McCrumb thought that Suncor should look at this. Suncor reps reiterated that the majority of the traffic would be utilizing Hwy 85 and not be using WCR 20 east of the facility much or at all. Gordon Alexander, Suncor explained that the facility has a preferred route and that they would work with the drivers through the contracts to make sure they utilize Highway 85. Since crude is considered to a hazardous material, the trucks should be going through the weigh and check station south of Platteville and abide by the law. Darrel McCrumb said that the County roads were all built a long time ago and were only built to standards to accommodate local traffic and some agricultural, and were not built to the best standards. There was discussion about the use of mag chloride for dust control. Some of the neighbors thought that it made the ruts worse because it couldn't be graded in. 6. There was some discussion about the location of the school bus stops and the location of individual neighbor driveways in regard to the entrance of the Suncor facility. • 7. Gene discussed the possibility of working with the County to reduce the speed limit from 55 mpg to 40 mph. This would help the condition of the road and safety. • • Chris Gathman F m: t: Cc: Subject: Donald Carroll Wednesday, December 09, 2009 2:38 PM Chris Gathman Gloria. Hice-Idler@DOT. STATE. CO. U S RE: Suncor Suncor is telling PW all the Hwy 85 improvements were done in 2007 or 08. Nov.6 2008(Tim asked what the status was for the turn lanes on Hwy 85 onto WCR 20.Blaine Ayers(Suncor)said that the lanes had already been built as part of the Suncor USR submittal and that an access permit had been approved for the facility in 2007. The permit will be submitted with the new application.) Sept. 29 2009 (Gloria, I thought I had commented. Suncor came through the process a while back, and we got them to make improvements to US 85. I don't think we need anything else.) Original Message From: Chris Gathman Sent: Wednesday, December 09, 2009 11:10 AM To: Hice-Idler, Gloria Cc: Donald Carroll; Janet Carter Subject: RE: Suncor Gloria, I know that we typically defer to CDOT on items re: State Highways. I will refer this to Public is Works to get their take on this. Don Carroll is in this week but Janet Carter is out iliweek for a funeral. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Hice-Idler, Gloria [mailto:Gloria.Nice-Idler@DOT.STATE.CO.US] Sent: Wednesday, December 09, 2009 11:00 AM To: Chris Gathman Subject: RE: Suncor They may be right. Would the county need CDOT to address that or is that something that you could do? Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street •eeley CO 80631 70) 350-2148 Original Message EXHIBIT M l )SE' - I-1001 From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Wednesday, December 09, 2009 10:55 AM To: Hice-Idler, Gloria bject: RE: Suncor oria, They are concerned with both. However, in that meeting I recall a concern mentioned was turning right onto CR 20 (coming from north from State Highway 85). The concern was that the area to turn may not be adequate. Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Hice-Idler, Gloria [mailto:Gloria.Hice-Idler@DOT.STATE.CO.US] Sent: Wednesday, December 09, 2009 10:27 AM To: Chris Gathman Subject: RE: Suncor Just as an FYI, Ms Parker did contact me. Are the concerned with the county road or US 85? liria Hice-Idler mit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 Original Message From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Tuesday, December 08, 2009 3:15 PM To: Hice-Idler, Gloria Subject: RE: Suncor Gloria, These minutes from a neighborhood meeting last month sums it up pretty well. See bottom of page 1 and top of page 2. Let me know if you have any questions. FYI: This is scheduled to go before the Board of County Commissioners next Wednesday 12/16 at 10 A.M. Sincerely, Chris Gathman Planner III 4leld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 2 Fax: (970)304-6498 Original Message om: Hice-Idler, Gloria [mailto:Gloria.Hite-Idler@DOT.STATE.CO.US] t: Tuesday, December 08, 2009 9:50 AM o: Chris Gathman Subject: Suncor I'm getting phone calls about this. Can you provide me with info regarding the citizens issues? Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 • • 3 rite Link Slat: Single wall decorative bottom locking privacy slat Page 1 o 4 • C OM Toll Free 1-866-563-3623 Tuesday. October 13, 2009 Home Address Signs Aluminum Fence Arbors Canopies Chain Link Fence Chain Link Slats Chain Link with Slats Dog Products Flag Kits / Flagpoles Mail Boxes Pergola Picnic Tables Planter Boxes Pre -Formed Pillars Rain Barrel - Catcher Trellis Vinyl Fence (PVC) Vinyl Railing (PVC) Wind - Privacy Screen Window Boxes alClearance Sale Contact Us How to Order? Need Help! Customer Comments People We've Sold To 'FRETS, gn SA Cu .An ABOUT SSL CERTIFICATES Policies • i v :L Secure SHOPPING CART CHECKOUT 1 -866 -56 -FENCE Site Map We ship to all 50 States!! Privacy Fence Slats for Chain Link Fence Best Price - Service - Quality If you find a better price we can usually beat it. Main Slat Page FAQ's Lite Link Feather Lock Wing Slat Aluminum Slat Bottom Lock Option Lock Hedge Link Safety Top Cap Comparison / Specs Request Brochure Installation Slat Samples Lite Link (M Slat) Lite Link Fence Slat is one of the most economical, chain -link enhancement products available in the market today. Manufactured using the same durable, outdoor plastic as our standard tubular fence slats, this single wall "M" shaped slat will give you the visual screening and color enhancement you desire at a very affordable price. This slat features a patented bottom -locking system for fast and easy installation. Click here for instructions for measuring the mesh size of a chain link fence. SPECS: Lite Link slat is manufactured 3 1/2" shorter than the overall height of the fence. The wind load factor and privacy factor is approximately 75%. Slat width 1 1/4". Slat is made for 2" & 2 1/4" mesh and 9, 11 or 11 1/2 gauge wire. The manufacturer provides a 10 -year limited pro -rata warranty. The larger the mesh the less privacy. Limited quantities in black - please contact us. Note: 3', 7', 10' and 12' will take approximately 3-4 weeks for delivery (special order - non returnable). http://www.yourfencestore.com/slats/slatl.asp EXHIBIT N USR- no 10/13/2( Cite Link Slat: Single wall decorative bottom locking privacy slat Page 3 c } • • • Privacy slats being installed into the bottom locking device. Privacy slats shown installed into bottom locking device. Beige I Black I Brown I Green I White IRedwoodl Sky Blue I Royal I Gray http://www.yourfencestore.com/slats/slat1.asp 10/I3/2C rite Link Slat: Single wall decorative bottom locking privacy slat Page 2 c Shipping included for US destinations (48 Contiguous States Only - Extra Charoe for Hawaii and Alaska) There may be extra shipping charges on 8' and higher. You will be contacted after your order is received. Please note: when comparing prices to our competitors, make sure freight is included in the price. Color Beige d Price per box - select height --> 3 feet high $40.50 Number of boxes Fa— (each box covers approximately 10 linear feet of fence) RDD TO CAST Bottom locking device to hold privacy slats into place. http:!/www.yourfencestore.com/slats/slat 1.asp 10/13/20 option Lock top locking privacy fence slat Pagc 1 0 • • COM Toll Free 1-866-563-3623 Tuesday. October 13. 2009 Home Address Signs Aluminum Fence Arbors Canopies Chain Link Fence Chain Link Slats Chain Link with Slats Dog Products Flag Kits / Flagpoles Mail Boxes Pergola Picnic Tables Planter Boxes Pre -Formed Pillars Rain Barrel - Catcher Trellis Vinyl Fence (PVC) Vinyl Railing (PVC) Wind - Privacy Screen Window Boxes Clearance Sale Contact Us How to Order? Need Help! Customer Comments People We've Sold To VANSigr Snured ABOUT SSL CERTIFICATES VISA C. Policies SHOPPING CAST 1 CHECKOUT J 1 -866 -56 -FENCE site Map We ship to all 50 States!! Privacy Fence Slats for Chain Link Fence Best Price - Service - Quality If you find a better price we can usually beat if Main Slat Page Lite Link Feather Lock Wing Slat FAQ's Aluminum Slat Bottom Lock Option Lock Hedge Link Safety Top Cap Comparison / Specs Request Brochure Installation Slat Samples Option Lock Slat Top Locking Slat Option Lock slats offer a patented system which easily secures the slats into place at the top or bottom of the fence (which ever is most convenient) providing a clean, even look. Option Lock slats are flat tubular in shape, with a reinforced leg inside for extra durability. This slat has a patented locking device for security. Click here for instructions for measuring the mesh size of a chain link fence. SPECS: Option Lock / Top Locking slat is manufactured 3" shorter than the overall height of the fence. The wind load factor and privacy factor is approximately 75%. Option Lock 2" mesh slat is 1 3/32" wide. Option Lock 2 1/4" mesh slat is 1 15/64" wide. Slat is made for 2", 2 1/4" and 2 3/8" mesh and 9, 11 or 11 1/2 gauge wire. The manufacturer provides a 25 -year limited pro -rata warranty For heights 3', 7', 10' and 12' will take approximately 3-4 weeks for delivery (special order - non returnable). http://www.yourfencestore.com/slats/slat9.asp 10/13/2( Option Lock top locking privacy fence slat Page 2 o Shipping included for US destinations (48 Contiguous States Only - Extra Charge for Hawaii and Alaska) There may be extra shipping charges on 8' and higher. You will be contacted after your order is received. Please note: when comparing prices to our competitors, make sure freight is included in the price. Color 1 Beige Price per bag - select height --> I3 feet high $42.00 J Mesh Size 12 inch mesh Number of bags ! (each bag covers approximately 10 linear feet of fence) 006 TO CAST Close up picture: The picture below you can see the locking device used towards the top of the fence to hold the slats in place. http://www.yourfencestore.com/slats/slat9.asp 10/ 1 3/2( Option Lock top locking privacy fence slat Page 3 c Close up picture shown how the locking device holds the slat into place. Black Brown Green White Redwood Sky Blue Royal Blue Beige Gray These slat colors are approximations only, please refer to actual color samples for final matching. VISA OS - - List SHOPPING CART CHECKOUT Home Vinyl Fence Aluminum Fence Chain Link Fence Privacy Slats Fence Wind Screening Dog Kennels Vinyl Railing Arbors Trellis Canopies Picnic Tables Site Map http://www.yourfencestore.com/slats/slat9.asp 10/13/2( Permahedge vs. Hedge Link Slat for Chain Link Fence • .com Toll Free 1-866-563-3623 Tuesday, October 13, 2009 Home Address Signs Aluminum Fence Arbors Canopies Chain Link Fence Chain Link Slats Chain Link with Slats Dog Products Flag Kits / Flagpoles Mail Boxes Pergola Picnic Tables Planter Boxes Pre -Formed Pillars Rain Barrel - Catcher Trellis Vinyl Fence (PVC) Vinyl Railing (PVC) Wind - Privacy Screen Window Boxes • Clearance Sale Contact Us How to Order? Need Help! Customer Comments People We've Sold To VANS! gn \, Secured ABOUT S5L CERTIFICATES VISA • Page 1 c SHOPPING CERT 1 OIKCNOUT 1 -866 -56 -FENCE Site Mao We ship to all 50 States!! Privacy Fence Slats for Chain Link Fence Best Price - Service - Quality If you find a lower price we can usually beat it. Main Slat Page Lite Link Option Lock Bottom Lock Feather Lock Hedge Link Wing Slat Safety Top Cap Aluminum Slat Industrial Slat Slat Samples Comparison / Specs Request Brochure Installation FAQ's Why do we sell Hedge Link instead of Permahedge for chain link fences? • Hedge Link core is manufactured with thicker wire than Permahedge. • As you can see by the picture below, Hedge Link provides much better privacy. • Hedge Link has a 10 year limited pro -rata manufacturers warranty. The last we heard Permahedge does not have a warranty. Home Vinyl Fence Aluminum Fence Chain Link Fence Privacy Slats Fence Wind Screening Dog Kennels Vinyl Railing Arbors Trellis Canopies Picnic Tables Site Map Policies - Terms & Conditions SHOPPING COAT ) CHECKOUT ©2000 - 2009 YourFenceStore.com. All rights reserved. http://www.yourfencestore.com/slats/hedge_vs perm.htm 10/13/21 ° ?iqp sip :Infloo7S tsatiin7 s,pyoM • • • Vinyl Privacy Slats for Chain Link Weave Page 1 c Discount *Fence Supply, Inc. 'T Slats Dun Hedge Slats Aluminum Slats Chain Link Fence Home Page Email Us • • Discount Fence Supply, Inc. Privacy Slats for Chain Link Fences Top Lock Slats I Option Lock Slats Fence slats are flat tubular plastic extrusions which are inse into any type of chain link fencing to add beauty and privac both sides of fence. Once installed, Fence slats are virtually maintenance free. Salt, sand and road dirt will not harm the any way. Due to the W inhibited thermo plastic design, Fet slats will not fade, chip or discolor for at least 15 years. Top locking slats have a special locking feature, Once the horizc strip is in place, the slats cannot be removed easily from the LOWEST PRICE ON THE INTERNE - 1. Insert slats vertically through fence from top to bottom (keep locking holes on top). 2. Thread locking channel horizontally through holes in slats. the picture PVT Slats give 90% privacy as yc http://www.fence-it.com/Slats/pvtslats.htm 10/13/30 Vinyl Privacy Slats for Chain Link Weave Page 2 c How to install the Top Locking Slat How to install Privacy Fence Slats DARK FOREST WHITE REDWOOD BROWN GREEN BEIGE GRAY BLACK Slats are available in the following colors (colors are approximations) -SKY BLUE minimum order 1O bags - LOWEST PRICE ON THE INTERNE Download Privacy Slats Information Sheet (PDF 76.6KB) http://www.fence-it.com/Slats/pvtslats.htm 10/13/2( Vinyl Privacy Slats for Chain Link Weave Page 3 c Top -Locking Fence Slats (One bag covers 10 linear feet) Order Online Height 4' 5' 6' 8' Sample PVW4 PVW5 PVW6 PVW8 PVT -S Per Bag $ 32.53 $ 38.91 $ 44.36 $ 62.65 $2.95 Orders over 15 bags call for shipping quote (330)650- 9226 $18.00 minimum shipping on 4' slats $22.00 minimum shipping on 5', 6' slats CaOrrid For more information on ordering contact us Discount Fence Supply, Inc, 10050 Wellman Rd. Streetsboro OH 44241 Phone: (800) 878-7829 Fax: (330) 650-9004 hnp://www.fence-it.com/Slats/pvtslats.htm 10/13/2( Comparison Page - Privacy Slats - The most private slats available - Hoover Fence Co. - fence lattice, s... Page 1 0 HOME I SLAT INDEX Product List PrivacyLinkTM PrivacyMasterTM SlatLinkTM Comparison Page Installation FAQ Other Privacy Options Hedge Slats, Winged & Lock -Top Slats, Aluminum Slats, and Privacy Fabrics M I.OW 1Q-15 O n FOR DELIVERY YEAR limited warranty • Aluminum Fence • Aluminum Railing • Fence Tools • Vinyl Fence • Wood Fence • Chain Link Fence • Vinyl Railing • Gate Operators • Access Control • Gates/Hardware • View Cart • Search Compare Privacy LinkTM, Privacy MasterTM and Slat IinkTM Privacy LinkTM slats are the most private, longest lasting type of slat on the market today. Compared to conventional lock -top vinyl slats which provide open areas of semi -privacy and typical wooden fence slats which deteriorate and fall out, there is no equal. PLUS!! The slats are pre -woven into the chain link which cuts down on labor and hassle. Choose from 9, 10 or 11 gauge galvanized fabric or go top shelf and ge the fabric PVC coated to match the same color as the slats. The chart below is provided to show the differences between the PrivacyLink products to help decide which style may be suitable for your particular project. PrivacrMasterT^^ J SlatLinkTM PrivacyLink® Products Specifications . P rrt F! l'LrnR P IPo,'- i Vaster'^ .Sitatinv, '" Wind load and privacy factor - approximately 98% 90 /0 ° 80 /o 3-1/2" x 5" Mesh Yes No No 2" x 2" Mesh No Yes Yes Available in 9 or 11 gauge galvanized before weaving No Yes Yes Available in 9 or 10 gauge galvanized before weaving Yes No No Available in 9 gauge finish 10 gauge core fused & bonded vinyl coated wire - 5 colors Yes Yes Yes http://www.hooverfence.com/privacy-linkicompare.htm 10/13/20( Comparison Page - Privacy Slats - The most private slats available - Hoover Fence Co. - fence lattice. s... Page 2 o • available Self-locking double wall slats (no staples) Yes Yes Yes Chain Link manufactured up to 12' high Yes Yes Yes Available in 25' rolls Yes Yes Yes Slats inserted into chain -link fabric Yes Yes Yes Available in different slat colors below Yes Yes Yes Fifteen year pro -rated limited warranty Yes Yes Yes Jvhte Beige SLAT COLORS Redwood Dark Brown Forest Green Gray Black Sky Blue WIRE COLORS tNvte Dark Brown Forest Green Beige Black Galvanized Mix any color of slat with any color of wire. Colors are approximations. E-mail Contact I Vinyl i Chain Link I Ornamental i Operators I Terms of Use I Return Policy I Shipping Policy I Privacy Statement Important Disclaimer: Hoover Fence Co. strives to be accurate in depicting all products featured Onour website. Pricing, specifications, and availability are subject to change without notice. opyright 1995-2007 Hoover Enterprises, Inc. -All Rights Reserved. www HooverFence.com. Striving to be the largest online fence and fencing materials retailer and distributor or chain -link fencing, ornamental cast iron and aluminum fencing, gate operators and access control, garage door_openers and replacement parts, and Vinyl (PVC) fencing for swimming pool, home and garden security, dog kennels, horses, farms, and ranches, We carry: BufftechTM, JerithTM, Ultra Aluminum TM, PrivacyLinkTM, Master Halco®, UniLatchTM, MagnaLatch®, DelgardTM, DoorKingTM, GTO/ProTM, OSCOTM, AiphoneTM, American Access SystemstM, SentexTM, Multi-CodeTM, StanleyTM, LiftMasterTM, LinearTM, GenieTM and many others. click for more info Privacy Link - Privacy Slats - The most private slats available - fence lattice. slats. fence slat., chain link slats. privacy fence . privacy lattice, chain link weave- privacy ,ink. fence slanting slat slatsPrivacy Link - Privacy Slats - The most priv sat_: available fence latticeslats fence slatchain link slatsprivacy fence, privacy y lattice- chain link weaveprivacy- iink fence slatting slat slatsPrivacy Link - Privacy Slats The most private slats available - fence lattice slats fence sir chain Slat.. privacy fence privacy lattice chain link weave privacwilnit fence slatting slat. _ atsPl ivacy Link - Priva Slats The most private slats available - fence latticeslat_fence slatschain link slats privacy fence privacy lattice chain link weaveprivacy-lint. fence slatting slat slat f ac;' Link P'tva 1 Slats - The most private slats available - fence lattice slat, fence Slats chain link slats : Lacy fenceprivacy lattice chain link weave: privacy -link fence siattin .lat, slats • http://www.hooverfence.com/privacy-link/compare.htm 10/13/2( Hoover Fence Co. Shopping Cart Page 1 c Hoover Fence Co. WMore information, if available. Many of our products include free shipping with each item or sed on total amount of an order. Shipping costs are calculated when an item is added to the shopping cart. PRODUCT CODE DESCRIPTION PRICE View Cart PL -PM- 6X11X25-GY PrivacyMaster 6'Hx25'L Roll - 11 Ga Galv Wire - Gray Slats - SHIP QUOTE REQ. 267.98 Add To • • http://www.hooverfence.net/cgi-bin/price.exe?f=pmdata& 1=PL-PM-6X11 X25-GY 10/13/2( Privacy Slats - Chain Link Fencing PVT Vinyl Privacy Vertical Fence Inserts Page 1 c PVT Fencing Slats (Privacy Vertical Tubing) Chain Link Fence Inserts Fence Inserts Menu • Regular Top -Lock Slats ▪ Winged Slats • Permanent Hedge Slats "Better than the Rest" • • Wre must be in good condition • Printable Brochure _'-. If your unsure of what slats are or want to get a better idea of the colors, purchase some Privacy Slats Sample. Only $11.99 Comparison. See Regular & Winged Slats side by side. The Correct way to measure your fence fabric. Click here to read our Shipping/Return Policy Contact Us Shopping Cart I Catalogue Directions 6. (Yard and Garden Menu Fence Privacy Inserts for Chain Link Fence Huge Warehouse Inventory I Nationwide Quick Ship »» All PVT (Privacy Vertical Tubing) Slats come in bags that cover 10 linear feet. »» Pricing is for standard 2" mesh chain link fabric. »» Wire must be in good condition. Click here for more details. Click here for more details. Click here for more details. Top -Lock PVT Slats Height Price/Bag 4' $24.75 5' $29.00 6' $37.00 7' $44.75 8' $51.25 Color C Privacy factor Qty. Green J 11 Green Green J J 11 J 11 Green 1 Add Add 1 Add Green Add Add Winged PVT Slats Height Price/Bag 4' $29.00 5' $38.75 6' $46.25 7' $55.75 8' $64.25 Color Qty. Green Green Green !Green J J J Green Permanent Hedge Slats 11 Privacy factor Add 1 Add Add 1 Add 1 Add I 3 Height Price/Bag Color Qty. 4' $72.00 'Green J '1 5' $88.00 'Green J 11 6' 596.00 'Green J I1 Add 7' $121.00 Green J 11 Add 8' $133.00 Green -{ 11 Add Privacy factor Add Add Standard Slat Colors White Green Brown Tan Redwood Gray Black Light Blue Colors are approximate. Please request slat samples for actual color. Custom colors, heights and mesh sizes available. Chain Link Fence Wood Fence Vinyl Fence Aluminunm Fence Welded Wire http://www.fenceinserts.com/ 10/13/2( Chainlink Fence Insert privacy Slats: EVERGREEN FLEDGE INSERT FOR CHAINLINK FENCE, Ev... Page 1 c PRODUCT DETAILS 0 HOME 0 PRODUCTS 0 SPECIFICATION 0 NEW PRODUCTS 0 SEARCH 0 CONTACT 0 CHECKOUT Shopping cart 0 Product(s) in cart Total USS0.00 > Checkout FENCE SLAT leCopyright © 2003 Boundary Fence also visit us at www.boundaryfence.net for more fence products FfNCE5 1.COM BY BOUNDARY FENCE home products Ornamental Fence search Home » Fence Slats » Evergreen Hedge Slats EVERGREEN HEDGE INSERT FOR CHAINLINK FENCE Ever Green Hedge Slats / Fillers A unique fence filler designed to change the entire look of your existing or new chain link fence. Very easy to insert this evergreen filler in your chain link. You can have an evergreen loon in your area or have designs or signs & more. with the evergreen hedge slats. Also you get the privacy you desire . Each box covers approximately 5 linear feet for 2" chain link. Color - Green - white. For more privacy & better visual results use with 1 3/4" X 9 GA Mesh - Covers about 4' per box. We can manufacture this to the higher lengths. Call us for prices. Please select the options below to get prices Email Friend Height: Please Select... Price: US523.99 Add to cart home I products I catalogs search I checkout I contact checkout cone news Products: - PVT Slat -Evergreen Hedc - Pre inserted sla - Aluminum Slat Click on the products rate get piece inform purchase opt there is any fence products not listed visit boundaryfence. call or, on the f telephone num 1 -800 -628- 1 -718 -847 - Vie manufactu of our produt sell ornamental aluminum fens fence, chain lin wood S bamb& All kinds of t find fencing t hardware, qui fitting, pipes t are our snecia have our own coating to c 'weavioq facilit chip to USA, t Europe, America, Australia H Afnc FENC 5L4A Fenceslat.o 1-800-628-8 1-718-847-3 sales©fenceslz http://fcnceslat.com/proddetail.php?prod=EVERGREEN&cat=7 10/ 13/20( • • • IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Suncor Energy — USR-1709 NOTE: A final version of this agreement is not available at this time. This agreement will be modified to reflect the decisions of the Board of County Commissioners at the hearing scheduled for December 16, 2009. THIS AGREEMENT, made and entered by and between the County of Weld, State of Commissioners, hereinafter called "County," "Property Owner." WITNESSETH: into this day of Colorado, acting through its Board of County and Suncor Energy Inc., hereinafter called WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W the 6th P.M., Weld County, CO hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for an Oil and Gas Support Facility (Crude Oil Truck Unloading Facility ) on approximately 34.5 acres on the above described real property, and the County is currently in the process of considering an Use -by - Special Review for the Property (USR-1709), and WHEREAS, the Property Owner acknowledges that the issuance of USR-1709 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall not be required to commence work on the on -site or off -site improvements, nor to provide collateral for said improvements until Property Owner submits an application for grading or for a Right -Of -Way permit for construction of accesses and work within the County Right -Of -Way. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements 1 M9PLANNING - DEVELOPMENT REVIEWVUSR-Use by Special Review VUSR-1709 SunwrAImprovements AgreementASoncor Energy (USR- 1709) Improvements Agreement- Draft(I I-25-09).docx EXHIBIT • • • 1.0 Weld County Road 20: The Property Owner shall be responsible for the construction of certain on -site and off -site safety improvements, which shall include: construction of adequate asphalt paved turning radii (60) feet at the main entrance onto WCR 20, drainage and signage installations, as indicated on the accepted Construction Plans. The main entrance improvements shall include asphalt paving of the internal drive -way onto WCR 20, including the entrance and exit gated areas outside the fenced portion of the site to act as a Vehicle Tracking Control area to minimize the tracking of mud and debris onto WCR 20 and to ensure a complete revolution of the truck tires. As recommended by Weld County Planning Commission at the October 6th, 2009 hearing, the applicant shall pave WCR 20 from US Highway 85 to the site entrance, in accordance with the requirements of the Department of Public Works. When turning movements reach twenty-five vehicles per hour during peak hours, the Property Owner shall install a paved eastbound right turn deceleration lane on WCR 20 at the site entrance, in accordance with the requirements of the Department of Public Works. Specific requirements will be determined by the Board of County Commissioners at the December 16th, 2009 bearing 2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, on WCR 20, and for any construction improvements mandated by the Colorado Department of Transportation (hereinafter "CDOT") and/or the County, and for all expenses associated therewith. These responsibilities include, but are not limited to the following: design, surveys, utility locates, right-of-way clearances and permits, coordination with oil and gas operators and facilities, affected railroad facilities and affected irrigation facilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory agencies. 3.0 I Engineering Design and Construction Plans: All engineering designs and construction plans provided by Property Owner shall include, at a minimum, ingress/egress entrance intersection layouts, existing and proposed grading, drainage designs, storm drainage pipe sizings and inverts, a cross section of the base/asphalt, approach roads, and adequate turning radii, and pavement markings. In addition a geotechnical asphalt pavement design to accommodate heavy truck traffic, prepared by a Professional Engineer licensed to practice in Colorado, is required for WCR 20. These plans, when reviewed and accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this Agreement. For all construction in the County right-of-way, prior to the issuance of any access permit or right-of- way permit, a construction schedule giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. 2 M:\PLANNING - DEVELOPMENT REVIEW \USR-Use by Special Review \USR-1709 SuncorUmprovements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft@ I -25-09).docx • • • 4.0 Construction Standards: All construction and materials controls for a project shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 5.0 Traffic Control: Prior to the construction in the County right-of-way and as a condition of issuance of any access permit or right-of-way permit, the applicant shall submit a traffic control plan for County review. During construction, signage shall be posted in accordance with the then current version of the "Manual of Uniform Traffic Control Devices". 6.0 Off -Site Dust Control (If Applicable): County will:deternine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current truck trip counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Property Owner haul truck traffic, the County reserves the right to install traffic counters on the driveway(s) of the facility. The percentage of haul truck traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised haul mutes. The County will have sole responsibility for determination of the percentage of truck traffic on all affected roads. 7.0 Future Improvements: Future improvements to the haul route(s) designated in this Agreement may be required by County for reasons related to changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage.' Property Owner shall address all Colorado Department of Transportation (CDOT) access issues associated with afore -mentioned haul route. Future CDOT or County mandated measures may include improvements to the following intersections: WCR 20 and US Highway 85, WCIt 20 and WCR 29.5, and WCR 20 and WCR 31. Property Owner shall pay a: proportionate cost share based on the number of truck trips using then current data on the haul route in the implementation of the above -mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. 8.0 Timing of Improvements: Property Owner shall not be required to complete the aforementioned offsite improvements until the occurrence of the triggering event for each improvement, namely the application for the grading permit or Right -Of -Way access permit resulting from the commencement of activities on the property(s). At that time, Property Owner agrees that all on -site and offsite improvements shall be completed within the parameters established in Section E.-7.2 and Exhibit B, herein. 9.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact a representative of the Weld County Department of Public Works and request an inspection of the off -site improvements described in paragraph A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Paragraphs E.6.0, sections 6.1-6.3. 3 M:\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review \USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- I 709) Improvements Agreement- Draft(I I -25-09).docx • • • 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted construction plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: 1.0 Established Haul Routes: 1.1 Exiting or entering the site: Haul trucks shall enter or exit the site via the proposed access, directly onto County Road 20 to disperse west to US Highway 85. 1.2 Any deviation or proposed change to the approved haul route described under B. 1.1 shall follow the procedure found under B.4.0 1.3 No haul truck may exceed CDOT required specifications for pounds per axle. 2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Property Owner or site operator to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said alternative haul route roads, Property Owner agrees to mitigate dust control or paving needs to protect the public health, safety, and welfare shall be instituted, in consultation with Public Works C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees to excavate, repair, or patch any damage on current or future haul route roads, which in the sole opinion of County, has been created by heavy truck hauling from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of 4 M:\PLANNING — DEVELOPMENT REVIEW ) USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(I 1-25-09).docx • • • said roads. The type and method of repair will be determined by the County Engineer or his representative, and shall require a written amendment to this Agreement executed by County and Property Owner. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall participate in the restoration of the road, in consultation with Public Works. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is anticipated that Property Owner and other Property Owners subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner, and other Property Owners and/or Lessees shall be conducted pursuant to separate agreements between the Property Owner and other Property Owners and/or Lessees. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement If Property Owner does not perform as outlined in this Agreement and Exhibits A and B such non-performance will constitute a violation of Property Owner's land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for revocation of USR-1709 as it now exists or may, from time to time, be amended in accordance with the procedures of the Weld County Code. D. On -Site Improvements: 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or maintain the landscaping and re -seeding of the property where applicable as shown on the accepted construction plans and site plan drawings. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re- seeding where applicable as shown on the accepted construction plans and site plan drawings. Additionally, the Property Owner shall install and maintain fencing to screen the property where applicable as indicated on the accepted construction plans and site plan drawings. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way permit is required. 5 M:\PLANNING - DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft( I 1-25-09).docx • • • 2.0 On -Site Grading, Drainage Facilities and Paving_ Property Owner shall, at its own expense, grade and/or pave specified roadways, accesses and parking areas, and install accepted drainage facilities, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning, as further described in the accepted construction plans. Specific asphalt paving shall include; the approach from WCR 20, including the entrance and exit gated areas outside the fenced portion of the site to act as a Vehicle Tracking Control area to control the tracking of mud and debris onto WCR 20. Any other on -site improvements shall be completed as indicated on the accepted construction plans for this facility. Property Owner shall be responsible for all maintenance of the onsite improvements. Refer to Section A., paragraph 1.0 of this agreement for specific paving requirements extending into the facility, site from WCR 20. Additional infrastructure improvements will be addressed at the time of application for an amended USR. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way permit is required. 3.0 Timing of Improvements: Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing USR. No grading permit will be released until collateral is posted for the associated improvements and the Construction Drawings have been submitted to and accepted by the Department of Public Works. Access and/or Right -Of -Way permits might also be required prior, to approval of the grading permit. Grading shall not commence until construction plans are accepted. Any alterations to the accepted construction plans must be pre -approved in writing by the Planning and Public Works Departments. At that time, Property Owner agrees that all landscaping and other on -site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. 4.0 Acceptance of On -Site Improvements: Upon completion of the on -site improvements, Property Owner shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on -site improvements described in Paragraph D.1.0 and D.2.0 above. The County's representatives may then initiate the acceptance process set forth in Paragraphs E.6.0, sections 6.1-6.3. E. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted construction plans according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 6 M:\PLANNING-- DEVELOPMENT REVIEW USR-Use by Special Review \USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(i i-25-09).docx • • • 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted construction plans, costs listed on Exhibit "A", and described in parts A and D of this agreement, which are attached hereto and/or incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On -site), and improvements to public rights -of -way or easements being completed also in accordance with the schedule set forth in Exhibit "B" (Off -site). The Board of County Commissioners, at its option, may grant an extension of the time of completion stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 3.2 Property, Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the accepted plans and specifications, to include but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at Property Owner's expense. 3.4 Said USR improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on the accepted construction plans with associated costs shown on Exhibit "A" upon application of the Property Owner subject to the terms of Section 6 herein. 7 M:\PLANNING — DEVELOPMENT REVIEW USR-Use by Special Review \USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(I I -25-09).docx • • • 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of Road Improvements: Property Owner shall warranty all improvements to public rights -of -way, including all privately created and maintained roads or rights -of -way, or easements for a period of two (2) years. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If requested, by the Property Owner and accepted by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3a. : Upon completion of the construction of the required off -site improvements, and the filing of a Statement of Substantial Compliance by Property Owner's engineer, Property Owner may, as set forth in Paragraph A.9.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. . Upon completion of the two-year warranty period, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. The County M:\PLANNMG — DEVELOPMENT REVIEW\USR-Use by Special Review \USR- 1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(l I -25-09).docx • • • Engineer shall reinspect the improvements after notification from Property Owner that said deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 6.3b. Upon completion of the construction of the required on -site improvements, and the filing of a Statement of Substantial Compliance, when necessary, by Property Owner's engineer, Property Owner may, as set forth in Paragraph D.4.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer and/or the Weld County Department _ of Planning Services shall, upon request of Property Owner, inspect the subject improvements, and notify Property Owner of any deficiencies. If any deficiencies are discovered, Property Owner shall correct the deficiencies. The County Engineer and /or the Department of Planning Services shall reinspect the improvements after notification from Property Owner that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 7.0 General Requirements for Collateral: 7.1 County requires Property Owner to provide collateral to guaranty all of Property Owner's obligations under this Agreement: (1) Project Collateral for completion of all improvements described in this Agreement shall be provided separately for on -site improvements and off -site improvements; (2) Warranty Collateral required for all improvements during the warranty phase; and (3) Road Maintenance Collateral to be kept in place for the life of the permit. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements identified on the accepted construction plans and further enumerated in the costs listed in Exhibit "A," must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement. Collateral for Off -site improvements mentioned in Section A.,1.0 of this Agreement that include only improvements involving turning radii and approaches can be included as part of the On - 9 M:\PLANNING — DEVELOPMENT REVIEW \USR-Use by Special Review \USR-1709 Suncor\Improvements Agreement \ Suncor Energy (USR- 1709) Improvements Agreement- Draft(l1-25-09).docx • • • site collateral amount, if clearly delineated on accepted construction plans and differentiated as "Entrance Improvements" on Exhibit "A" On -Site Improvements of this Agreement. Such collateral shall be provided to the County on the dates set forth herein and shall be held in total until all improvements have been completed. This collateral must be submitted to County upon the submission of Property Owner's application of a grading and/or right -of way permit. 7.3 Warranty Collateral for all on -site and off -site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). 7.4 Road maintenance collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners. The amount of the collateral required for road maintenance shall be established by the Weld County Department of Public Works basedupon its determination of the anticipated expenses, and its determination of the collateral amount shall be final. Road maintenance collateral shall be held by County as long as this Agreement is in effect. If any of this collateral shall be collected by County, Property Owner shall replace the amount within six (6) months. 7.5 Road maintenance collateral shall be adjusted annually, during the month of January, for inflation. The First adjustment shall be made no less than twelve months after, and in no event later than twenty four months from, the execution of this Agreement. The adjustment shall be equal to the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. Acceptable collateral shall be submitted at least six (6) months prior to commencement, of Site Preparation, as herein defined. No grading or building permits shall be issued for sand and gravel mining, processing operations improvements, or other site related activities, on the property and no Site Preparation shall commence until cost estimates for the improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within the time schedule set forth in Exhibit "B" hereto. If improvements are not completed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's planned sand and gravel mining and processing or related operations 10 M:\PLANNING — DEVELOPMENT REVIEW \USR-Use by Special Review \USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(1 I-25-09).docx • • • pursuant to USR-1709 that require a grading or building permit from the County pursuant to the Weld County Code. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to (100%) of the total value of the improvements set forth in the Improvements Agreement; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. The Property Owner shall utilize only a County approved form when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISIIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.8 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.9 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. 7.10 The Board of County Commissioners of Weld County reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a "three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best. The Board further reserves the right to require Property Owner to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Property Owner within sixty (60) days of the Board's notice to Property Owner that the rating has fallen and that the collateral must be replaced. Property Owner may not terminate existing collateral until replacement collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado(hereinafter "Engineer"), that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: n M:\PLANNING - DEVELOPMENT REVIEW\USR-Use by Special Review \USR-1709 Suncor\Improvements Agreement \Suncor Energy (USR- 1709) Improvements Agreement- Draft(I 1-25-09).docx • • • 8.1 The Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as accepted, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, the Property Owner may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.6 For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by "a responsible governmental entity, special district or utility company will be fully refunded to Property Owner. 8.7 "Road Maintenance Collateral" shall be maintained as long as the USR is active. It shall be adjusted annually by the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. Road Maintenance Collateral shall be adjusted annually, during the month of January, for inflation. The First adjustment shall be made no less than twelve months after, and in no event later than twenty four months from the execution of this Agreement 9.0. Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under 12 M:\PLANNING— DEVELOPMENT REVIEW USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(11-25-09).docx • • • this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve Suncor Energy Inc. of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executor's, personal representatives, successors and assigns of the Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0. County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 11. Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance.'If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Paragraphs C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. 13 M:\PLANNING— DEVELOPMENT REVIEW\USR-Use by Special Review \ USR-1709 Suncor Improvements Agreement \SuncorEnergy (USR- 1709) Improvements Agreement- Draft( I 1-25-09).docx • • • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: PROPERTY OWNER: Subscribed and sworn to before me this day of ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FO BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO County Attorney William F. Garcia, Chair 14 M:\PLANNING -- DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Drafl(11-25-09).docx EXHIBIT A - Cost Sheet (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: nel Contact: Name _ Filing/Case #: Title Location: Phone ing improvements to be legally bound, the undersi: ned Applicant hereby agrees ro promise mrsuumo ! ••v.,--.... --.---- - Intending Improvements (OFF -SITE) (Leave spaces blank where they do not apply) Ouantity Units Unit Costs ($) Estimated Construction Cost rsi Site Grading Street Grading Street Base Street Paving Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's (house or building connected) Prats ater Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer SUB -TOTAL: •neering and Supervision Costs $ (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant Date , 20 Title By: Applicant Date , 20 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:\AGREEMENTS\Exhibits\Exh A off-site.xls EXHIBIT A - Cost Sheet (ON -SITE') Name of Subdivision, PUD, USR, RE, SPR: nel Contact: Name Filing/Case #: Title Location: Phone be legally bound, the undersi; ned Splicant hereb agrees to provide intending to Improvements (ON -SITE) (Leave spaces blank where they do not apply) Quantity Units Unit Costs ($1 Estimated Construction Cost ts) Site Grading Street Grading Street Base Street Paving Entrance Improvements (Per Sec. E.-7.2) Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main ion Control MeasuresBMP's aterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer SUB -TOTAL: aF a oneering and Supervision Costs S (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ • • • The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant Title By: Applicant Title Date , 20 Date , 20 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:\AGREEMENTS\Exhibits\Exh A on-site.xls • • • EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: Filing/Case #: Location: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within _ years from the date of approval of the final plat. nts listed in Exhibit A shall be completed as follows: Improvements Time Schedule (Leave spaces blank where they do not apply ) at' (OFFSITEI Site Grading Street Grading Street Base Street Paving Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer Final Completion Date for Entire Proiect 411 EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Date , 20 Title By: Applicant • • Title Date , 20 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:\AGREEMENTS\Exhibits\Exh B Time Schedule.xls • • • Jennifer VanEgdom From: Cozad, Julie [Julie.Cozad@ttemi.com] Sent: Friday, December 11, 2009 1:55 PM To: Jennifer VanEgdom Subject: Letter from Jim Borgel Attachments: WeldCoLetter102209.pdf Hi Jen, Attached is a letter that was sent to Bruce Barker from legal counsel for Suncor, Jim Borgel, Holland and Hart. Let me know if you have any questions. Thanks, Julie Julie A. Cozad Juliecozad(a)tetratech.com www.tetratech. corn HOLLAND&HART pl THE LAW OUT WEST® October 22, 2009 VIA E-MAIL AM) OVERNIGHT MAIL James B. Borgel Phone (303) 295-8245 Jbborgel@thollandhart.com Bruce T. Barker Weld County Attorney 915 Tenth Street P.O. Box 758 Greeley, CO 80632 Re: Suncor Energy (U.S.A.) Pipeline Company Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility, USR-1709 Dear Bruce: I am writing to follow up on our conversation of last week regarding the referenced facility. As I mentioned, Suncor's permit was approved by the Weld County Planning Commission on October 6, 2009, subject to several conditions, as outlined on the attached Resolution. One of these conditions, set forth in items F. and G. on pages 3 and 4 of the Resolution requires Suncor to pave WCR 20 from its intersection with Highway 85 to the Suncor facility. This would require Suncor to bear the full cost of designing and constructing approximately one-half mile of pavement on a County Road. Suncor will be meeting with representatives from the Public Works Department next week to discuss this condition, and will be going before the Weld County Board of County Commissioners on November 4th. As a result, it is possible that the condition may be deleted or modified prior to final approval of Suncor's permit. However, in the interim, I wanted to bring several issues to your attention which we believe bring the County's efforts to impose this condition on Suncor into question. First, we have to been unable to identify any duly adopted guidelines, standards or other County policies which provide guidance as to when a project such as Suncor's would be required to bear the cost of paving a County Road. This requirement appears to be a discretionary condition imposed on Suncor's project at the request of the Public Works Department, and appears to constitute a potential violation of C.R.S. Section 29-20-203(2) which states that "[n]o local government shall impose any discretionary condition upon a land use approval unless the condition is based upon duly adopted standards that are sufficiently specific to ensure that the condition is imposed in a rational and consistent manner." It does not appear to us that the proposed paving condition meets this test. Holland&Hartw Phone [3031295-8000 Fax 13031295-8261 www.hoilandhart.com 555 17th Street Suite 3200 Denver,CO 80202 Mailing Address P.O.Box 8749 Denver, CO 80201-8749 Denver Aspen Boulder Colorado Springs Denverrech Center Billings Boise Cheyenne Jackson Hole Las Vegas Salt Lake City Santa Fe Washington,D.C. F5 HOLLAND&HART Pi • THE LAW OUT WEST • • Bruce Barker, Esq. October 22, 2009 Page 2 Second, as referenced above, Suncor's application is for a "Site Specific Development Plan." C.R.S. Section 24-68-102.5(1) provides that approval of a site specific development plan shall be governed "only by the duly adopted laws and regulations in effect at the time the application is submitted to the local government." Even if you assume, for the sake of argument, that the County's policy with regard to paving was a "duly adopted standard" in compliance with C.R.S. Section 29-20-203(2), it does not appear that this requirement was in effect at the time Suncor submitted its application on May 14, 2009. No mention of this requirement was made at Suncor's October 9, 2008 pre -application meeting, and although the County did mention a potential requirement for paying a proportionate share of paving WCR 20 when a specific traffic count is reached at a subsequent meeting on November 6, 2008, no duly -adopted County standard for such work was provided. As a result, it would appear that no such standard was in existence at the time Suncor's application was submitted. We are hopeful that our meetings with Public Works on this issue will be productive and Suncor and the County can reach a positive resolution. However, Suncor strongly believes that this proposed condition fails to meet applicable standards and that any efforts by the County to impose the full cost of paving WCR 20 on Suncor, or requiring Suncor to bear such cost in advance of the time when its facility will be generating significant traffic, is prohibited. I appreciate your consideration of this issue andam happy to discuss these issues with you further. Sincerely, James B. Borgel for Holland & Hart up JBB/kk cc: Jamie Jost Blaine Ayers Julie Cozad 4640111_1.OOO • • • Jennifer VanEgdom From: Chris Gathman Sent: Tuesday, December 15, 2009 10:50 AM To: Jennifer VanEgdom Subject: FW: Suncor Energy (USR-1709) Improvements Agreement Attachments: Suncor Energy (USR-1709) Improvements Agreement- Draft(12-3-09).pdf; Exhibits A&B-Combined-PDF.pdf Jenny, Here is the latest version of the draft improvements agreement for Suncor. Could you please add to the record. Thanks, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Richard Hastings Sent: Tuesday, December 15, 2009 10:02 AM To: Chris Gathman Cc: David Bauer; Donald Carroll; Clayton D. Kimmi; Heidi Hansen; Janet Carter; Kim Ogle; Stephanie Arries Subject: Suncor Energy (USR-1709) Improvements Agreement Chris, As per our phone conversation, please find attached the above -mentioned documents. Let me know if you need anything else. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. 1111 H Street (Site Address) P.O. Box 758 (Mailing Address) Greeley, CO 80632-0758 1 • • • IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Suncor Energy — USR-1709 NOTE: A final version of this agreement is not available at this time. This agreement will be modified to reflect the decisions of the Board of County Commissioners at the hearing scheduled for December 16, 2009. THIS AGREEMENT, made and entered into this day of by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Suncor Energy Inc., hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W the 6th P.M., Weld County, CO hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for an Oil and Gas Support Facility (Crude Oil Truck Unloading Facility ) on approximately 34.5 acres on the above described real property, and the County is currently in the process of considering an Use -by - Special Review for the Property (USR-1709), and WHEREAS, the Property Owner acknowledges that the issuance of USR-1709 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall not be required to commence work on the on -site or off -site improvements, nor to provide collateral for said improvements until Property Owner submits an application for grading or for a Right -Of -Way permit for construction of accesses and work within the County Right -Of -Way. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements M:\PI,ANNING — DEVELOPMENT REVIEW \USR-Use by Special Review\USR-1709 Suncor\Improvements Agreemen[\Suncor Energy (L7SR- 1709) Improvements Agreement- Draft(12-3-09).docx • • • 1.0 Weld County Road 20: The Property Owner shall be responsible for the construction of certain on -site and off -site safety improvements, which shall include: construction of adequate asphalt paved turning radii (60) feet at the main entrance onto WCR 20, drainage and signage installations, as indicated on the accepted Construction Plans. The main entrance improvements shall include asphalt paving of the internal drive -way onto WCR 20, including the entrance and exit gated areas outside the fenced portion of the site to act as a Vehicle Tracking Control area to minimize the tracking of mud and debris onto WCR 20 and to ensure a complete revolution of the truck tires. As recommended by Weld County Planning Commission at the October 6th, 2009 hearing, the applicant shall pave WCR 20 from US Highway 85 to the site entrance, in accordance with the requirements of the Department of Public Works. When turning movements reach twenty-five vehicles per hour during peak hours, the Property Owner shall install a paved eastbound right turn deceleration lane on WCR 20 at the site entrance, in accordance with the requirements of the Department of Public Works. Specific requirements will be determined by the Board of County Commissioners at the December 16th, 2009 hearing. 2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, on WCR 20, and for any construction improvements mandated by the Colorado Department of Transportation (hereinafter "CDOT") and/or the County, and for all expenses associated therewith. These responsibilities include, but are not limited to the following: design, surveys, utility locates, right-of-way clearances and permits, coordination with oil and gas operators and facilities, affected railroad facilities and affected irrigation facilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory agencies. 3.0 Engineering Design and Construction Plans: All engineering designs and construction plans provided by Property Owner shall include, at a minimum, ingress/egress entrance intersection layouts, existing and proposed grading, drainage designs, storm drainage pipe sizings and inverts, a cross section of the base/asphalt, approach roads, and adequate turning radii, and pavement markings. In addition a geotechnical asphalt pavement design to accommodate heavy truck traffic, prepared by a Professional Engineer licensed to practice in Colorado, is required for WCR 20. These Plans, when reviewed and accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this Agreement. For all construction in the County right-of-way, prior to the issuance of any access permit or right-of- way permit, a construction schedule giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. 4.0 Construction Standards: All construction and materials controls for a project shall conform to the requirements in effect at the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 2 M:\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1709 Suncor\lmprovements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(12-3-09).docx • • • 5.0 Traffic Control: Prior to the construction in the County right-of-way and as a condition of issuance of any access permit or right-of-way permit, the applicant shall submit a traffic control plan for County review. During construction, signage shall be posted in accordance with the then current version of the "Manual of Uniform Traffic Control Devices". 6.0 Off -Site Dust Control (If Applicable): County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current truck trip counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Property Owner haul truck traffic, the County reserves the right to install traffic counters on the driveway(s) of the facility. The percentage of haul truck traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of truck traffic on all affected roads. 7.0 Future Improvements: Future improvements to the haul route(s) designated in this Agreement may be required by County for reasons related to: changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage. Property Owner shall address all Colorado Department of Transportation (CDOT) access issues associated with afore -mentioned haul route. Future CDOT or County mandated measures may include improvements to the following intersections: WCR 20 and US Highway 85, WCR 20 and WCR 29.5, and WCR 20 and WCR 31, or any other intersection then utilized by Property Owner as a result of the establishment of a new haul route. Property Owner shall pay a proportionate cost share based on the number of truck trips using then current data on the haul route in the implementation of the above - mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. 8.0 Timing of Improvements: Property Owner shall not be required to complete the aforementioned offsite improvements until the occurrence of the triggering event for each improvement, namely the application for the grading permit or Right -Of -Way access permit resulting from the commencement of activities on the property(s). At that time, Property Owner agrees that all on -site and offsite improvements shall be completed within the parameters established in Section E.-7.2 and Exhibit B, herein. 9.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact a representative of the Weld County Department of Public Works and request an inspection of the off -site improvements described in paragraph A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Paragraphs E.6.0, sections 6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted construction plans. By accepting any 3 M:\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review \USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(12-3-09).docx • • • improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: 1.0 Established Haul Routes: 1.1 Exiting or entering the site: Haul trucks shall enter or exit the site via the proposed access, directly onto County Road 20 to disperse west to US Highway 85. 1.2 No haul truck may exceed CDOT required specifications for pounds per axel. 1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned haul route for a limited period of time (which is defined in the Agreement as a period of not more than thirty days), which shall be established by County at the time that the deviation is allowed. If County approves such deviation, trucks will utilize paved county roads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the terms of Paragraph 4.0 of this Section B. In the event that haul truck traffic, in excess of 15% of the daily facility truck trips, utilizes alternate haul routes, the provisions of Paragraph 4.0 of this Section B shall be triggered. 2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Property Owner or site operator to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said alternative haul route roads, Property Owner agrees to mitigate dust control or paving needs to protect the public health, safety, and welfare shall be instituted, in consultation with Public Works C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees 4 M:\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Dm8(12-3-09).docx • • • to excavate, repair, or patch any damage on current or future haul route roads, which in the sole opinion of County, has been created by heavy truck hauling from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads. The type and method of repair will be determined by the County Engineer or his representative, and shall require a written amendment to this Agreement executed by County and Property Owner. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall participate in the restoration of the road, in consultation with Public Works. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is anticipated that Property Owner and other Property Owners subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner, and other Property Owners and/or Lessees shall be conducted pursuant to separate agreements between the Property Owner and other Property Owners and/or Lessees. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits A and B such non-performance will constitute a violation of Property Owner's land use permits granted by County, and County will take whatever remedial measures it deems necessary against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for revocation of USR-1709 as it now exists or may, from time to time, be amended in accordance with the procedures of the Weld County Code. D. On -Site Improvements: 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or maintain the landscaping and re -seeding of the property where applicable as shown on the accepted construction plans and site plan drawings. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re - 5 M:\PLANNING — DEVELOPMENT REVIEW \USR-Use by Special Review \USR-1709 Suncor\Improvements Agreement \suncor Energy (USR- 1709) Improvements Agreement- Draft(12-3-09).docx • • • seeding where applicable as shown on the accepted construction plans and site plan drawings. Additionally, the Property Owner shall install and maintain fencing to screen the property where applicable as indicated on the accepted construction plans and site plan drawings. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way permit is required. 2.0 On -Site Grading, Drainage Facilities and Paving_ Property Owner shall, at its own expense, grade and/or pave specified roadways, accesses and parking areas, and install accepted drainage facilities, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning, as further described in the accepted construction plans. Specific asphalt paving shall include; the approach from WCR 20, including the entrance and exit gated areas outside the fenced portion of the site to act as a Vehicle Tracking Control area to control the tracking of mud and debris onto WCR 20. Any other on -site improvements shall be completed as indicated on the accepted construction plans for this facility. Property Owner shall be responsible for all maintenance of the onsite improvements. Refer to Section A., paragraph 1.0 of this agreement for specific paving requirements extending into the facility site from WCR 20. Additional infrastructure improvements will be addressed at the time of application for an amended USR. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way permit is required. 3.0 Timing of Improvements: Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing USR. No grading permit will be released until collateral is posted for the associated improvements and the Construction Drawings have been submitted to and accepted by the Department of Public Works. Access and/or Right -Of -Way permits might also be required prior to approval of the grading permit. Grading shall not commence until construction plans are accepted. Any alterations to the accepted construction plans must be pre -approved in writing by the Planning and Public Works Departments. At that time, Property Owner agrees that all landscaping and other on -site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. 4.0 Acceptance of On -Site Improvements: Upon completion of the on -site improvements, Property Owner shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on -site improvements described in Paragraph D.1.0 and D.2.0 above. The County's representatives may then initiate the acceptance process set forth in Paragraphs E.6.0, sections 6.1-6.3. E. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted construction plans according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 6 M:\PLANNING — DEVELOPMENT REVIEW \USR-Use by Special Review USR-1709 SuncorlImprovements Agreement\Suncor Energy (135R- 1709) Improvements Agreement- Draft(12-3-09).docx • • • 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted construction plans, costs listed on Exhibit "A", and described in parts A and D of this agreement, which are attached hereto and/or incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On -site), and improvements to public rights -of -way or easements being completed also in accordance with the schedule set forth in Exhibit "B" (Off -site). The Board of County Commissioners, at its option, may grant an extension of the time of completion stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the Plans and drawings accepted by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the accepted plans and specifications, to include but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at Property Owner's expense. 7 M:\PLANNING — DEVELOPMENT REVIEW \USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(12-3-09).docx • • • 3.4 Said USR improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on the accepted construction plans with associated costs shown on Exhibit "A" upon application of the Property Owner subject to the terms of Section 6 herein. 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of On -Site and Off -Site Improvements: Property Owner shall warranty all improvements to public rights -of -way, including all privately created and maintained roads or rights -of -way, or easements, and all on -site improvements for a period of two (2) years. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If requested by the Property Owner and accepted by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3a Upon completion of the construction of the required off -site improvements, and the filing of a Statement of Substantial Compliance by Property Owner's engineer, Property Owner may, as set forth in Paragraph 8 M:\PLANNING - DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draf(I2-3-09).docx • • • A.9.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. The County Engineer shall reinspect the improvements after notification from Property Owner that said deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 6.3b Upon completion of the construction of the required on -site improvements, and the filing of a Statement of Substantial Compliance, when necessary, by Property Owner's engineer, Property Owner may, as set forth in Paragraph D.4.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of Property Owner, inspect the subject improvements, and notify Property Owner of any deficiencies. If any deficiencies are discovered, Property Owner shall correct the deficiencies. The County Engineer and /or the Department of Planning Services shall reinspect the improvements after notification from Property Owner that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 7.0 General Requirements for Collateral: 7.1 County requires Property Owner to provide collateral to guaranty all of Property Owner's obligations under this Agreement: (1) Project Collateral for completion of all improvements described in this Agreement shall be provided separately for on -site improvements and off -site improvements; (2) Warranty Collateral required for all improvements during the warranty phase; and (3) Road Maintenance Collateral to be kept in place for the life of the permit. 9 M:\PLANNING — DEVELOPMENT REVIEW USR-Use by Special Review \USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(12-3-09).docx • • • 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements identified on the accepted construction plans and further enumerated in the costs listed in Exhibit "A," must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement. Collateral for Off -site improvements mentioned in Section A.,1.0 of this Agreement that include only improvements involving turning radii and approaches can be included as part of the On - site collateral amount, if clearly delineated on accepted construction plans and differentiated as "Entrance Improvements" on Exhibit "A" On -Site Improvements of this Agreement. Such collateral shall be provided to the County on the dates set forth herein and shall be held in total until all improvements have been completed. This collateral must be submitted to County upon the submission of Property Owner's application of a grading and/or right -of way permit. 7.3 Warranty Collateral for all on -site and off -site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). 7.4 Road maintenance collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners. The amount of the collateral required for road maintenance shall be established by the Weld County Department of Public Works based upon its determination of the anticipated expenses, and its determination of the collateral amount shall be final. Road maintenance collateral shall be held by County as long as this Agreement is in effect. If any of this collateral shall be collected by County, Property Owner shall replace the amount within six (6) months. 7.5 Road maintenance collateral shall be adjusted annually, during the month of January, for inflation. The First adjustment shall be made no less than twelve months after, and in no event later than twenty four months from, the execution of this Agreement. The adjustment shall be equal to the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. 7.6 Acceptable collateral shall be submitted at least six (6) months prior to commencement of Site Preparation, as herein defined. No grading or building permits shall be issued for sand and gravel mining, processing operations improvements, or other site related activities, on the property and no Site Preparation shall commence until cost estimates for the improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within the time schedule set forth in Exhibit "B" 10 M:\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(12-3-09).doex • • • hereto. If improvements are not completed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's planned sand and gravel mining and processing or any related operations pursuant to USR-1709 that require a grading or building permit from the County pursuant to the Weld County Code. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to (100%) of the total value of the improvements set forth in the Improvements Agreement; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. The Property Owner shall utilize only a County approved form when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISIIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.8 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.9 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. 7.10 The Board of County Commissioners of Weld County reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a "three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best. The Board further reserves the right to require Property Owner to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Property Owner within sixty (60) days of the Board's notice to Property Owner that the rating has fallen and that the collateral must be replaced. Property Owner may not terminate existing collateral until replacement collateral has been secured. 11 M:\PLANNING — DEVELOPMENT REVIEw\USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draf(12-3-09).docx • • • 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado(hereinafter "Engineer"), that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 8.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as accepted, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, the Property Owner may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.6 For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by a responsible governmental entity, special district or utility company will be fully refunded to Property Owner. 8.7 "Road Maintenance Collateral" shall be maintained as long as the USR is active. It shall be adjusted annually by the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. Road Maintenance Collateral shall be adjusted annually, during the month of January, for inflation. The First 12 M:\PLANNING — DEVELOPMENT REVIEW \USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(12-3-09).docx • • • adjustment shall be made no less than twelve months after, and in no event later than twenty four months from the execution of this Agreement 9.0. Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve Suncor Energy Inc. of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0. County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 11. Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Paragraphs C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. 13 M:\PLANNING— DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(12-3-09).docx • • • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: PROPERTY OWNER: Subscribed and sworn to before me this day of ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board William F. Garcia, Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney 14 M:\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1709 Suncor\Improvements Agreement\Suncor Energy (USR- 1709) Improvements Agreement- Draft(12-3-09).docx EXHIBIT A - Cost Sheet (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: Filing/Case #: Location: Snnel Contact: Name Title / f d' f 6 (e a(( bound the undersiunedApp/icanthereby agrees fo provide throughout this facility the following improvements. n en mg o e g y Improvements (OFF -SITE) (Leave spaces blank where they do not apply) Quantity Units Unit Costs ($) Estimated Construction Cost (Si Site Grading Street Grading Street Base Street Paving Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's illirals (house or building connected) ater Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer Dust Control SUB -TOTAL: �eering and Supervision Costs $ (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ Phone • • • EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant Title By: Applicant Title Date , 20 _ Date , 20 _ (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:\AGREEMENTS\Exhibits\Exh A off-site.xls Name of Subdivision, PUD, USR, RE, SPR: XIIIBIT A Cost Sheet (ON -SITE) Filing/Case #: Location: nnel Contact: Name Title Phone ide throughout this facility the following improvements tnrenumgmuc mgmywv r c.....�...F. Improvements ev• _ __- (ON -SITE) (Leave spaces blank where they do not apply) - Ouantity Units Unit Costs ($) Estimated Construction Cost (51 Site Grading Street Grading Street Base Street Paving Entrance Improvements (Per Sec. E.-7.2) Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main ion Control Measures/BMP's aterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer SUB -TOTAL: , afv�, steering and Supervision Costs $ (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ • EXHIBIT A - Cost Sheet (ON -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant Date , 20 Title By: Applicant Date , 20 Title • (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) • M:WGREEMENTS\Exhibits\Exh A on-site.xls EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) • Name of Subdivision, PUD, USR, RE, SPR: Filing/Case #: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements All improvements shall be completed within years from the date of approval of the final plat. Location: of the umprovements listed in Exhibit A shall be completed as follows: Improvements Time Schedule (Leave spaces blank where they do not apply ) ( N�,H,&I (OFFSITEI Site Grading Street Grading Street Base Street Paving Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer Final Completion Date for Entire Proiect EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Date , 20 Title By: Applicant • • Title Date , 20 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:\AGREEMENTS\Exhibits\Exh B Time Schedule.xls Janet Carter From: eat: ubject: Janet, Hice-Idler, Gloria [Gloria.Hice-Idler@DOT.STATE.CO.US] Wednesday, December 16, 2009 8:29 AM Janet Carter; Chris Gathman Suncor Per our phone conversation, I'd like to clarify CDOT's position on this proposal. In 2007, CDOT required Suncor to improve the southbound to eastbound left turn lane. The TIS provided by TetraTech indicated that it, along with the right acceleration and right deceleration lane were warranted. However, because of ROW and utility constraints those lanes could not be constructed. Waivers for that condition were required. I have been negligent in properly relaying this information to both Suncor and to the County. CDOT lacks the ability to require the applicant to obtain the necessary ROW to make those improvements, but we do believe that they would improve the safety of the roadway. If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Permit Supervisor CBOT Region 4 1420 2nd Street Greeley CO 80631 470) 350-2148 S 1 • • . SUNCOR Truck Unloading Use by Special Review Facility Weld Count Board O Commissioners December 16 2009 , z - y a cer I # _ • 0 x ink IT- • , Y 'If._ TETRA TECH Introductions Suncor • Blaine Ayers Prq•n Lead Darrel Vanflooser CC•orinabr. AIM a Way Churns and Shaiatasb ar R.Mama Gordon Alexander Crude CV Tranancv:an; Murs?w Jamie Jost &Inca Loyal Canal Tetra Tech • Julie Coned Led Pisan° Mawr; Stew Scicslone, Err, LEED AP Onus, E-n9.Ieel Steve Jenkins, P.E., CPESC Pr ecv a4naJ c f n.nertny Sten Colander, P.E. t?yuW T,afic Rryvt Other Consultants • Gone Coppola Jim Borgol it, 'Land S rW1 if, Amara?), ar law Terrecon Geudou..d {� iZC1I SUNG Suncor Company Overview Suncor Energy U.S.A. (Suncor) produces oil, natural gas and clean wind -generated electricity, along with products consumers across North America use to fuel their vehicles, heat their homes, and power their schools, hospitals and places of business. • By investing in technology, Suncor is working to ensure products are developed in an environmentally responsible way, while also meeting consumer expectations for high -quality, competitively - priced and safe products. • • • Suncor Company Overview • Each day, their energy marketing team sells approximately 260,000 barrels of Suncor produced crude oil, diesel fuel and other refined products, and about 200 million cubic feet of natural gas. They also partner with their customers to transport and sell products on their behalf. • Suncor is connected to North American markets through a portfolio of proprietary and managed pipeline capacity, allowing flexibility and ease of response to customers' diverse needs and changing market conditions. With top rated credit, investment in physical assets to support their business, and the in-house expertise to anticipate and react to market conditions, Suncor has emerged as one of the top energy marketers in North America. ((,PA SUNCOR Suncor Company Overview • In Colorado, Suncor's downstream assets include a Commerce City -based refinery, crude oil pipeline systems, and 43 Denver -area retail stations branded as Phillips 66. Suncor recently purchased Petro Canada increasing the company's capabilities. • Suncor's Commerce City, Colorado refinery provides a vital link between Colorado oil producers and the growing energy market in the U.S.A. The 90.000 barrel per day refinery is located about six miles northeast of downtown Denver. It supplies about 35% of Colorado's gasoline and diesel fuel demand and is a major supplier of jet fuel to the Denver international Airport and diesel fuel to the Union Pacific Railroad. The refinery is also the largest supplier of paving -grade asphalt in Colorado. I.� l.1 17..P • . , •M Tt 6 e r,ca Pc,r... ISMS.. t ISvn.snr t •-t d di • • • Project Schedule and Phasing • Initial Construction - Canopy w/ 4 unloading bays - 12" pipeline - Detention pond - Security gates - Fencing - Site grading - Lighting where necessary - No on -site personnel - 20 to 40 trucks per day f'f- rrTy7Fcw SUNcoit • Future/Full Build -out - Remaining unloading up to 10 bays - Anticipated up to 15 On - site Employees - Other structures: • 3500 sq ft office building • 1500 sq ft grind out shack • Septic for office 8 water proposed from existing commercial well - may obtain new well, if needed — Up to 192 trucks per day Weld County Comprehensive Plan • Section 22-5-90. A. -Oil and gas development in the County is an integral part of the County economy and has a substantial direct and indirect impact on current and future land use." • Section 22-5-90. B. and D. recognize the substantial economic contribution of oil and gas production in Northern Colorado. Section 22-5-100. A. OG.Goal 1. "Promote the reasonable and orderly exploration and development of oil and gas mineral resources." • Section 22-5-160. A. UR.Goal 1. "Support and encourage the use of natural and other resources available in the County by the residents of the County." • Section 22-6-20. A.1. ECON.Policy 1.1 "Promote the expansion and diversification of the industrial economic base to achieve a well- balanced industrial sector in order to provide a stable tax base and a variety of job opportunities for County citizens." • • Weld County Code - Chapter 23 • Section 23-3-40. A.2. "OIL AND GAS SUPPORT AND SERVICE" is a land use allowed as a Use by Special Review in the Agricultural Zone District. • Section 23-2-240. Design standards • Section 23-2-250. Operation standards • Section 23-2-260. Application requirements • Section 23-2-270. Development standards im1T;tM=«•, SUNCOR Conditions of Approval and Referrals • State of Colorado, Department of Natural Resources -Division of Water Resources • State of Colorado, Department of Transportation • Weld County Building Inspection • Weld County Department of Public Works • Weld County Department of Public Health and Environment • City of Ft. Lupton • • • Economic Importance for Weld County • Transport of crude oil from Weld County oil fields to the market by pipeline; reduction of truck traffic to the refinery • Jobs for Weld County Citizens: - Over 50 Suncor Employees in Weld County — Additional Suncor Employees at the new facility — Other oil and gas company employees throughout Weld County — Construction of facility • Other Economic Impacts — Severance taxes paid by the oil and gas industry to help pay for roads and to mitigate other impacts by the industry - Property taxes paid by Suncor - Building permits and associated road impact fees paid by Suncor for the facility; USR fees to cover staff expenses and keep staff working Economics of Oil & Gas in Colorado • Significant reserves in Weld County • Wells have been shut in due to overcapacity and limited storage. pipelines and refineries in the area • Pipelines and associated facilities reduce truck traffic and air quality issues • Local oil production reduces the need for foreign oil • Oil and Gas industry contribute $21 Billion to Colorado (2005 statistics) • 90% due to extraction activities • Oil and Gas industry employs 71,000 people in Colorado (2005 statistics) Timeline • October 2008 - Pre -application meeting • November 6, 2008 - CDOT 85 Meeting • November 6, 2008 - Public Works Meeting • July 16, 2009 - Application Submittal • August 13, 2009 - Received Public Works referral comments. • August 24, 2009 - Meeting with Public Works • August 26, 2009 - Memo sent to Public Works • August 28, 2009 - Correspondence from Public Works • • • Timeline continued • October 5, 2009 — Referral Response to Public Works • October 6, 2009 - Weld County Planning Commission • October 26, 2009 - Meeting at Public Works • November 18, 2009 - Tetra Tech letter to Weld County Public Works regarding Preliminary Drainage Report. • November 20, 2009 - Correspondence sent to Public Works • November 23, 2009 - Correspondence from Public Works • November 30, 2009 - Draft Improvements Agreement received To date, no additional correspondence has been received from Public Works fT}MT1CN 5uwCoR Reduced speed zones At various locations, such as school zones and construction zones, a reduced speed is required during certain hours or periods of the day when temporary hazards exist. Signs will indicate when the lower speed limit is in effect. Unless otherwise posted, Colorado speed limits are as follows: • 20 M.P.H. - on narrow, winding mountain highways and blind curves • 25 M.P.H. - in any business district • 30 M.P.H. - in any residence district • 40 M.P.H. - on open mountain highways • 45 M.P.H. - for vehicles in the business of hauling trash • 55 M.P.H. - on urban interstate and highways • 65-75 M.P.H. - on designated rural interstate and highways Right Turn Lane Warrants Category R -A: Regional Highway - A right turn deceleration lane and taper length is required for any access with a projected peak hour right ingress turning volume greater than 25 vph. Category R -B: Rural Highway - A right turn deceleration lane with taper is required for any access with a projected peak hour nght ingress turning volume greater than 25 vph Category NR -A: Non -Rural Principal Highway - A nght turn deceleration lane and taper Is required for any access with a projected peak hour ingress turning volume greater than 25 vph Category NR -B: Non -Rural Arterial A right turn lane with storage length plus taper is required for any access with a projected peak hour right ingress turning volume greater than SO vph. If the posted speed is greater than 40 mph, a right turn deceleration lane and taper is required for any access with a projected peak hour right ingress turning volume grater than 25 vph. excerpts from the Slate Highway Access Code, March, 2002 pages .3i 43 • • • Right Turn Lane Warrant Analysis YEAR AM AR MR PM PK HA wEnAL 71).1 1-1 C., i, r'-3 —ate Warrentad? NO • tiMarMint- Incw Suweorr Auxiliary Turn Lanes The auxiliary lanes required in the category design standards may be waived when the 20Q1 year predicted roadway volumes conflicting with the turning vehicle are below the following minimum volume thresholds. The right turn deceleration lane may be dropped if the volume in the travel lane is predicted to be below 150 DHV. excerpt from the State Highway ACCOS9 Code, March, 2002. page 34 Right Turn Lane Waiver Analysis (if other warrant is satisfied) YEAR AM Mt HA RMtR7w M11M1 _erjr • ww.ourCn- is - Warrant kw - *II*anlwie tr.I t INnatute NO 411 NO .41 j� rinA,tc.r • • • Improvements Agreement Staff Proposal • Suncor must pay lull cost to acquire right of way, design and construct pored section of WCR 20 from Highway 85 to project entrance. Suncor Proposal • Succor will pay its proportionate share to Weld County for costs to acquire right of way, design and construct d WCR 20, based on actual traffic cants generated by the protect and all tragic using WCR 20. Staff Proposal • Sundt to pay all costs to design and construct raved easroound ngnt turn lane on WCR 20 when Italic counts warrant Suncor Proposal • night turn tape on WCR 20 not needed by projected franc Staff Proposal • •Tnggennq event • for obligation to construct WCR 20 Improvements is issuance of grading permits or access permits for protect Suncor Proposal • Suncor will pay a's proportionate share to Weld County for improvements to WCR 20 based on traffic generated by Suncors facility and other traffic. attar measures have ben Implemented. such as speed limit reductions and surface treatment Improvements Agreement Staff Proposal • County can require Suitor to Improve other roads, in the future, if County determines that the project has impacts on other than designated haul routes. Suncor Proposal • Improvements to other haul routes will be determined by actual traffic subject to agreement by Suncor with a process for dispute resolution. Staft Proposal • Traffic is limited to designated haul routes. Suncor Proposal • Suncor will take reasonable steps to tend traffic to WCR 20 west of the laaltty Staff Proposal • Suncor must pay cost of dust control and maintenance on WCR 20 and other haul routes. on an annual basis, as determined by Public Works in its sole discretion. County never 'accepts' off -site road improvements for maintenance. Smoot Proposal • Suncor will agree to pay proportionate share to Weld County for dust control and maintenance where site traffic is directly attributable to Suncor's facility with a process for dispute resolution, SUNCOR Truck Use by Unloading Special Facility Review Weld Count Board Commission December 16 2009 a- . v i••• i ' • l - . — alt , ill 1-, • �� W , . •. , . ,1 ,, I N. r •r ! • .04. .. (It] 7F NIA rfcH -ftweA Witte Pawl -Wien �I11 Cb. EXHIBIT 1 5 • • • r '�✓� ..Y-L.� .9i'✓G'�' j / , -J' C ( / (CI_ ` 7X- • 1 C Pk-t2aec --✓ tr✓ r1 ✓4 P,011,,, 00 a gi-cr- Sh.o w5 tD r� ) l Avar q 9r4cQe& . e 1,✓ e�\�'� oil ti c ivux -e5 5 k ce cl, f -ep roo in file r04dz f-4,��, ca1,'{ be /eve( w,1+11 A b141 -e, Ate. rota tActS -Liertrt g it a/R ert Cr "0%, Aappesse......ccomeere,•,,r,.. ja_ mmimaminum - At- . rige'!""4.7- ••• fe" pit eirs'Att „Sr err r_ - "J11..A" *%- rr i ]L, YI 1 I argteci Yom. .•+ . "1-1;sr 'r.• .ir► .r..` ;^'rte • ,�.�•.�': �. `+,.� 4' Y1 te�r♦K.TI.. e'er► .. _'r,''�:� •� _lcc 'a77 _, U. c•• ::� kteit 14.1 i R. Vy ✓I a irriA+de •• l• eye.. •y t.t •. 1:.- •cam �R • %•• � „�" ;'� z r J: 7.:."":": --_ SA .pL : ..—._tom .• i:,�.: -- , = tit„it r -.Its: .s •spa% . .r Tar S Y ^• ry..fa: :. 1—Zr.. y`.., rr,.. • ••• r '- r Sri r.- e,v. On s • • • rata r ♦ i 1 / • -00 ni i�,•0.�ir _�•i�t yam' '::4-1.-7T-JT -tee ..-a1 .-7 ,-- • z. C____..-t'ir•�• e, !,�T Ham:` �. . .. �;,, - • . Ci' • •Y'"b . ,��`. - >r.� �o.� - off! S ,,.t i •:i'J� './ i Aa t -•fit ♦.` enir-�' aL• • . /Cr 7 l'ie;•:ivHT'':'''viae..wrr%'',.elqpr:as -. .... :LC- '---- Ire•- • fr 2a' a u 1114 • s est) fh-e • cares.(vvf Ayviai cz Q-P-fer if was ne ,V0V2rn ber Sn o LA2 5Ior , C t Once 1r4cc- 7Lc, 1-11 e „cc/to car wj ee s ranee cthlvcct91 t4'J. • •▪ ` ?c -f #. 414in /rtc.ck will he hcie� c6kC( ( r 9oe9 I'-! •_ . • fi .'3 .a. •S`' . ` t. •tiwHirk }i= ��i f Drs ` ± . he /CAP 31' J-- a on tU -)1c7 \,4° 0\0 poL,./s ftpr (g- cr:)_. hvitck 57 1 Colvt r o a & cQ cc ,-vtek 5 Bruce Barker From: ert: Subject: Janet Carter Wednesday, December 16, 2009 1:46 PM Bruce Barker FW: Suncor Janet L Carter Traffic Engineer Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 From: Hice-Idler, Gloria [mailto:Gloria.Hice-Idler@DOT.STATE.CO.US] Sent: Wednesday, December 16, 2009 12:31 PM AdiF Janet Carter bject: RE: Suncor It would have to be acquired to get the width, appropriate side slopes and utilities relocated. That's why I couldn't get them to make the improvements the first time. I don't have the ability to require they buy it. Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 From: Janet Carter [mailto:jcarter@co.weld.co.us] �Art: Wednesday, December 16, 2009 12:13 PM : Hice-Idler, Gloria Subject: Suncor 1 Do you have the row along 85 now or would that have to be acquired? Thanks! • Janet L Carter Traffic Engineer Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 • • • Conditions of Approval — Suggested modifications Condition of Approval 1.C.4) Suggestion to remove words "are required" and replace with may be required. Condition of Approval 1.C.6) Suggestion to change the condition to read: The addition of a note to state, "Weld County is not responsible for maintenance of on site drainage related structures." Adding the words on site. Condition of Approval 1.E. After discussion with Lauren Light, Weld County Department of Public Health and Environment, we would request to move this condition to Condition of Approval 5. Prior to Release of Building Permits. We are requesting this so that we can record the plat and extend the waterline or drill the well when the project is actually ready to be built. Condition of Approval 1.F. We suggest making the following changes: 5.A.R The applicant shall address the following requirements and concerns -of the Weld County Department of Public Works and submit evidence of such to the Weld County Department of Planning Services, a^ ^`^`--�.�te�„'' the -referral response -dated -August 13, 2009. Evidence of such-shaJkbe-subnittgd, in writing -to -he Weld County °apartment of Planning Services_ SPECIAL R€VIEW PERMIT #1709--SUNGoR-E-h-ERG-Y-(6JSA)-P4R€LINE COMPANY PACE -5 —DRAFT 2008-3263-RL-2029 • • These requirements and concernsinekde-iut-are-not limited to: 1) Providing construction drawings for the requested improvements including: a. Paving of the internal entrance and exit gate area to ensure complete revolution of the truck tires prior to entering WCR 20 when WCR 20 is paved. , parking -lei -and widening of the accessradiito 5 feet- b. Widen the access radii to 45 feet. Paving a minimum o' '- 44 feef�et-betwoon the on site-grave4 section and County Road (CR) 20, -which -will -be util4zed-asa-tracking pad. )e Suncor will pay its proportionate share of the costs for Weld- [Formatted: Indent Left t.5 County to acquire right-of-way, design and construction of WCR 20 improvements, based on actual traffic counts generated by the project and all traffic on WCR 20. Paving of CR 20 from Hig -to the site entrance. 4-Paving-ofthe-eastboundtight-tern-deceleration lane from U.S. Highway 85 onto CR 20. 2) Providing an updated traffic study which addrerces the concerns of -the -Department of Public Works., 3) Providing a final drainage report and final site grading plan. 4) Providing an off site Ceotechnical Report, acceptable to the County which includes pavement designs for off -site paving improvements • 4}5-) Providing an on -site Geotechnical Report, which has been stamped, signed, and dated by a Colorado registered professional engineer. Condition of Approval 1.G. We request this condition be moved to Condition of Approval 5. Prior to Release of Building Permits. The following conditions have been met: 1. A., B., C. 1-5 (with the exceptions of suggested modified language), D., H., and I. • • • • Jennifer VanEgdom From: Sent: To: Cc: Subject: Bruce Barker Wednesday, December 16, 2009 3:04 PM Chris Gathman; Janet Carter; Donald Carroll; Jennifer VanEgdom James Borgel Language for Condition 1.F. for USR-1709 The language that will be for Condition 1.F. for USR-1709, shall be as follows: Delete the first 4 words, "The applicant shall address". Add the following in place of those 4 words: "By and through the improvements agreement required in Condition 1.G., below, the applicant and the County shall come to mutual agreement regarding the proportionate responsibility of the applicant as to the requirements and concerns ... (rest of paragraph on the bottom of page 4 is the same)." Delete the language on the top of page 5 that starts with "These requirements and concerns include ... " and includes the 5 items and then ends with "professional engineer." 1 Hello